1)

(a)The Beraisa we just cited supports Resh Lakish who holds, in the first Lashon, that we penalize someone who sells his large animal to a non-Jew, by forcing him to pay up to ten times the animal's value to buy it back from the non-Jew, if need be. What She'eilah do we ask on that?

(b)What does Rebbi Yehoshua ben Levi say about someone who sells his Eved to a Nochri? To what extent do we penalize him to force him to buy him back?

(c)How do we try to resolve our She'eilah in Resh Lakish from the ruling of Rebbi Yehoshua ben Levi?

(d)How do we refute this proof? What makes the latter Davka and the former La'av Davka?

1)

(a)The Beraisa we just cited supports Resh Lakish who holds, in the first Lashon, that we penalize someone who sells his large animal to a Nochri, by forcing him to pay up to tenfold, to buy it back from the non-Jew, if need be. We ask on that - whether ten times is Davka, or La'av Davka (perhaps not so much or perhaps even more).

(b)Rebbi Yehoshua ben Levi obligates someone who sells his Eved to a Nochri - to pay up to a hundred-fold in order to buy him back.

(c)We try to prove from the ruling of Rebbi Yehoshua ben Levi that - Resh Lakish must mean Davka, because otherwise, why did they not both give the same Shi'ur (either tenfold or a hundred-fold).

(d)We refute this proof however - inasmuch as in spite of Rebbi Yehoshua ben Levi's stringent ruling, Resh Lakish may well mean La'av Davka (even less than tenfold), and the reason that the Chachamim were so strict by an Eved is because every day that the owner leaves the Eved with the Nochri, he deprives him of many Mitzvos, which he cannot perform whilst he is there. See also Shitah Mekubetzes.

2)

(a)In the second Lashon, Resh Lakish obligates the owner to pay as much as a hundred-fold for the large animal if necessary. How do we reconcile this with the Beraisa, which obligates the Nosen be'Kabalah to pay only as much as tenfold?

(b)Assuming that Resh Lakish is Davka, how do we reconcile him with Rebbi Yehoshua ben Levi, who obligates the master of the Eved to pay only tenfold?

(c)What problem do we have with the discrepancy between the two amounts?

(d)So how do we amend the distinction between Eved and Beheimah Gasah? Why are we more lenient by the former?

2)

(a)In the second Lashon, Resh Lakish obligates the owner to pay as much as a hundred-fold for the large animal if necessary. The Beraisa obligates the Nosen be'Kabalah to pay only as much as tenfold - because it is not a complete sale, as we explained earlier.

(b)Assuming that Resh Lakish is Davka, we nevertheless reconcile him with Rebbi Yehoshua ben Levi, who obligates the master of the Eved to pay only tenfold (according to this Lashon) - on the grounds that the latter already loses the Eved, who goes free the moment he is redeemed.

(c)The problem with the discrepancy between the two amounts is that - if this is the reason for the leniency, then it would suffice to go down from a hundred-fold to ninety-nine-fold (but why only ten?)

(d)So we amend the distinction between Eved and Beheimah Gasah - ascribing the leniency by Eved to the fact that it is unusual to sell an Eved, and we have a principle that when something is uncommon, the Rabbanan did not decree (or were more lenient in their decree, as is the case here).

3)

(a)We just discussed the Beraisa where the Rabbanan and Rebbi Yehudah argue over whether one needs to give a firstborn animal in whom a Nochri has a share to the Kohen or not. What does Rebbi Yochanan say about their respective sources?

(b)Seeing as the Rabbanan interpret the Pasuk in Bo "Kol B'chor ... bi'Venei Yisrael" to mean that that an animal that is not owned entirely owned by a Yisrael is Patur, how do they interpret the word B'chor alone?

(c)What does Rebbi Yehudah say?

(d)According to the second Lashon, "B'chor" implies the majority of the animal. What do the Rabbanan and Rebbi Yehudah respectively, then learn from "Kol"?

3)

(a)We just discussed the Beraisa where the Rabbanan and Rebbi Yehudah argue over whether one needs to give a firstborn animal in whom a Nochri has a share to the Kohen or not. Rebbi Yochanan - declares that they both learn it from the same source (the Pasuk in Bo "Kol B'chor ... bi'Venei Yisrael").

(b)Seeing as the Rabbanan interpret the Pasuk in Bo "Kol B'chor ... bi'Venei Yisrael" to mean that that an animal that is not owned entirely owned by a Yisrael is Patur. The word "B'chor" alone they interpret to mean that - he owns only part of the animal.

(c)Rebbi Yehudah holds that - "B'chor" alone would mean that he owns the entire animal; "Kol" therefore comes to teach us that he is Chayav even if he owns only 'Kol-de'Hu' of it.

(d)According to the second Lashon, "B'chor" implies the majority of the animal. The Rabbanan therefore learn that - "Kol" comes to include the remaining minority (so that the Yisrael must own the entire animal), whereas according to Rebbi Yehudah - it comes to detract, making do with the fact that he owns even just a little of it.

4)

(a)How little of the firstborn must the Nochri own to exempt it from the Bechorah?

(b)Rav Nachman asked Rav Huna why the Kohen cannot tell the Nochri to take his ear and go. What did he mean by that? Why ought such a minor share not exempt the firstborn from the Bechorah?

(c)Rav Chisda therefore requires him to own a part of the animal that renders it a Neveilah. What is an example of this?

(d)Rava disagrees. What does he say?

4)

(a)According to Rav Huna (in the Rabbanan), the Nochri must own - as little as one ear of the B'chor to exempt it from the Bechorah.

(b)Rav Nachman asked Rav Huna why the Kohen cannot tell the Nochri to take his ear and go meaning that - if the ear was missing, the owner would still be Chayav to give it to him, so why should he be Patur just because a Nochri happens to own it.

(c)Rav Chisda therefore requires him to own a part of the animal that renders it a Neveilah - such as the Veshet.

(d)According to Rava however - it will suffice if he just owns the hind leg above the knee, without which the animal would be a T'reifah.

5)

(a)What is the basis of the Machlokes between Rav Chisda and Rava? Why, according to Rav Chisda, will the ownership of the hind-leg not suffice?

(b)The Rabbanan repeated the Sugya to Rav Papa, adding that Rav Chisda and Rava do not in fact, argue with Rav Huna. What did they mean? How did they establish Rav Huna in a way that he does not argue with Rav Chisda and Rava?

(c)What objection did Rav Papa raise to that? Based on the Pesukim "Kol B'chor" (that we just cited) and the Pasuk in Ki Sisa "Kol Mikn'cha Tizachar", why can there be no difference?

5)

(a)Even though Rava agrees with Rav Chisda, Rav Chisda does not agree with Rava - because in his opinion, a T'reifah can live, in which case it will not suffice for the Nochri to own just the hind-leg.

(b)The Rabbanan repeated the Sugya to Rav Papa, adding that Rav Chisda and Rava do not in fact, argue with Rav Huna, by which they meant that - Rav Huna is speaking in a case where the Nochri owns the mother, whereas Rav Chisda and Rava are speaking - there where he owns part of the actual B'chor.

(c)Rav Papa objected to this inasmuch as - what difference does it make? Just as "Kol B'chor" (the source for precluding a Nochri from owning part of the B'chor) restricts the P'tur to where the Nochri owns a substantial part of the animal, so too "Kol Mikn'cha Tizachar" (the Pasuk for precluding a Nochri from owning the mother) does likewise.

6)

(a)Mar bar Rav Ashi queried all the above opinions from the Din of Nefalim (miscarriages). What do we learn in this regard from the Pasuk in Bo "Petter Sheger Beheimah"?

(b)Bearing in mind that there too, the Nefel is unfit to live, if it is Chayav Bechorah, then why is an animal in which a Nochri owns a part, Patur?

6)

(a)Mar bar Rav Ashi queried all the above opinions from the Din of Nefalim (miscarriages). We learn from the Pasuk in Bo "Petter Sheger Beheimah" that - even though the Nefel cannot live, it is nevertheless subject to the Din of Bechorah.

(b)Even though the Nefel, in spite of its inability to live, is subject to Bechorah, an animal in which a Nochri owns a part, is nevertheless Patur - since (unlike a Nefel, which all becomes Kadosh), the part that is still owned by the Nochri, remains Chulin (exempting the whole animal from Kedushas B'chor).

3b----------------------------------------3b

7)

(a)What did Rebbi Asi mean when he told Rebbi Elazar that Rebbi Yochanan had said 'Afilu Mum Kal'?

(b)And what does the Mishnah in the following Perek, say about a sheep that gives birth to a goat, or vice-versa?

(c)What is the connection between these two statements and the Machlokes between Rav Huna, Rav Chisda and Rava?

(d)What is Rebbi Yochanan's third statement?

7)

(a)When Rebbi Asi told Rebbi Elazar that Rebbi Yochanan had said 'Afilu Mum Kal', he meant that - even though one is Chayav to give a B'chor with the slightest blemish to the Kohen, the Kohen cannot bring it on the Mizbe'ach.

(b)The Mishnah in the following Perek rules that a sheep that gives birth to a goat or vice-versa, is Patur from the Bechorah. To which Rebbi Yochanan adds that - if it resembles its mother in just a few points, it is Chayav.

(c)The connection between these two statements and the Machlokes between Rav Huna, Rav Chisda and Rava is that - Rebbi Yochanan's first ruling supports the opinion of Rav Huna (and clashes with the opinions of Rav Chisda and Rava).

(d)Rebbi Yochanan's third statement is that - if a sheep gives birth to a goat or vice-versa) it has a Din of a fixed blemish, which one is permitted to Shecht, without bringing it as a Korban.

8)

(a)Why is Rebbi Yochanan's third statement not just a repetition of the Mishnah in the sixth Perek which reckons among the blemishes one where the animal's mouth resembles that of a Chazir?

(b)The Kashya remains however, from another Mishnah there, which lists as a blemish one eye too big or one eye too small. How does the Beraisa interpret ...

1. ... too big?

2. ... too small?

(c)Which of the two then poses the Kashya on Rebbi Yochanan?

(d)What do we answer? If the Mishnah is not coming to teach us that every unusual feature on a B'chor is a blemish, then what is it coming to teach us?

8)

(a)This is not a repetition of the Mishnah in the sixth Perek which reckons among the blemishes one where the animal's mouth resembles that of a Chazir - because Rebbi Yochanan is speaking about a sheep which resembles another Tahor animal (which we cannot learn from there).

(b)The Kashya remains however, from another Mishnah there, which lists as a blemish one eye too big or one eye too small. The Beraisa interprets ...

1. ... too big to mean - as large as those of a calf.

2. ... too small to mean - as small as those of a goose.

(c)The Kashya on Rebbi Yochanan is - from the former, since (bearing in mind that a calf, like a lamb, is fit to go on the Mizbe'ach) we now have a Mishnah which teaches us Rebbi Yochanan's ruling.

(d)And we answer that the Mishnah is coming to teach us (not that every unusual feature on a B'chor is a blemish, but) that - two different size eyes is included in 'Saru'a' (incorporating any set of limbs where one is larger than the other).

9)

(a)What does the Tana there say about permanent and temporary blemishes?

(b)And what do we learn from the Pasuk in Emor (in connection with blemishes) "Ish Ish mi'Zera Aharon"?

(c)What about animals?

(d)What are we trying to prove from there?

9)

(a)The Tana there says that - all these blemishes are considered Mumin (and invalidate a Kohen from serving on the Mizbe'ach), irrespective of whether they are permanent or just temporary.

(b)And we learn from the Pasuk in Emor (in connection with blemishes) "Ish Ish mi'Zera Aharon" that - even two big eyes or two small eyes will invalidate a Kohen from serving on the Mizbe'ach, because they render him different than the other b'nei Aharon ...

(c)... though a far as animals are concerned - this is not considered a blemish.

(d)We are trying to prove from there that - the reason that one big or one small eye is Pasul must be because it is included in the Din of Saru'a (because if it was a matter of Shinuy, then two big eyes or two small eyes should also be Pasul).

10)

(a)On what grounds do we reject this proof? If large or two small eyes (by B'chor Adam) is not Pasul because it is a Shinuy, then why is it Pasul?

(b)Consequently, we conclude, the reason that a large or a small eye is considered a blemish even by an animal may well now be because it is a Shinuy. In that case, why is Rebbi Yochanan's statement not superfluous (like we asked initially)?

10)

(a)We reject this proof however, on the grounds that two large or two small eyes is not a Shinuy - but the result of the animal's particular strength or weakness (which is not a blemish at all).

(b)Even though, as we conclude, the reason that a large or a small eye is considered a blemish even by an animal may well now be because it is a Shinuy, Rebbi Yochanan's statement is not superfluous (like we asked initially) - because it might also be because it is considered Saru'a.

11)

(a)What did Rava rule, with regard to a certain Giyores, whose brothers used to deposit their animals by her to fatten? What did he say about obligating her to give the Bechoros to the Kohen?

(b)Rav Mari bar Rachel sold the ears of his firstborn animals to a Nochri. When did he do that?

11)

(a)With regard to a certain Giyores, whose brothers used to deposit their animals by her to fatten, Rava ruled that - nobody contends with the opinion of Rebbi Yehudah, who declares Shutfus Nochri Chayav bi'Bechorah.

(b)Rav Mari bar Rachel sold the ears of his firstborn animals to a Nochri - before they were born (because afterwards, they already belonged to the Kohen), and it would be too late to exempt them from Bechorah.

12)

(a)Seeing as Rav Mari bar Rachel anyway forbade the work and the wool of the firstborn animals that were born (le'Chumra), what was the point of doing that?

(b)In that case, why did all of Rav Mari's animals die?

(c)How do we initially reconcile this with Rav Yehudah, who specifically permits making a blemish on one's firstborn animals prior to their birth?

12)

(a)Even though Rav Mari anyway forbade the work and the wool of the firstborn animals that were born (le'Chumra), he nevertheless did that - to prevent anyone who might inadvertently work with them from transgressing.

(b)All Rav Mari's animals died - because he deprived the Bechoros of their Kedushas B'chor.

(c)Initially, we reconcile this with Rav Yehudah, who specifically permits making a blemish on one's firstborn animals prior to their birth - by pointing out that there, one only removes the Kedushas Mizbe'ach (leaving the basic Kedushah of the animals intact), whereas Rav Mari removed their basic Kedushah as well.

13)

(a)In the second answer, the reason that Rav Mari's animals all died, was because he inadvertently caused a Takalah (somebody else to stumble). How was he Makneh his animals to the Nochri?

(b)So what was the Takalah? What did the other person do wrong?

13)

(a)In the second answer, the reason that Rav Mari's animals all died was because he inadvertently caused a Takalah (somebody else to stumble). He was Makneh his animals to the Nochri - by means of a Kinyan Kesef (which is the only Kinyan through which a Nochri can acquire min ha'Torah).

(b)Someone else, who observed the transaction, and who did not realize that he had employed a Kinyan Kesef, was Makneh his Bechoros to a Nochri with mere words.

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