BECHOROS 49 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.

1)

TOSFOS DH Hani Mili Heicha d'Kafrei

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(SUMMARY: Tosfos resolves our Mishnah with another version of Neharde'ei.)

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(a)

Question #1: According to the first version in Bava Kama (70a) that does not distinguish between whether or not he denied, how can we answer? (If we do not write a Harsha'ah on Metaltelim, how can we explain our Mishnah?)

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(b)

Question #2: We can ask similarly about the Mishnah in Shevuos (33b) regarding [witnesses who denied knowing testimony that] Ish Ploni is a Kohen, or a Levi...

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1.

The Gemara infers that had he asked them to testify that Almoni owes money to Ploni, they would be liable. However, we say (Shevu'os 35a) they are liable only if they hear [a command to testify] from the claimant! It answers that they are liable if they heard from someone else with a Harsha'ah. It asks that Neharde'ei said... and answers that that is only if the defendant denied!

(c)

Answer #1 (to Question #2): We can establish that to discuss a deposit, according to the first version of Neharde'ei;

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1.

Just like [the owner] can be Makdish a deposit, like is proven in Bava Basra (88a), regarding the one who brought gourds to Fum Nahara [and people took them, and he thought that they want to steal them, so he was Makdish them], so he can make a Harsha'ah, for there is one reason for both of them, like is proven in Bava Kama.

[] [] ( .)

(d)

Answer #1 (to Question #1): We can say that our Sugya discusses land, according to Rebbi, who holds below (51a) that we redeem with land, just like we redeem with Metaltelim;

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1.

We write Harsha'ah on land. Only on Metaltelim we do not write, for it is not in his Reshus.

(e)

Answer #2 (to Question #1): We can establish it like R. Nasan, for due to R. Nasan's law (if Ploni owes and is owed, his creditor has rights to collect from the one who owes Ploni), the Kohen can take from [the Shomer] if [the depositor] owes [the Kohen], and he does not have what to pay him (other than the deposit).

(f)

Answer #3 (to Question #1): We can establish it when one gave to his friend through Ma'amad Sheloshtan (if Reuven tells Shimon in front of Levi 'you have money of mine. Give it to Levi', Levi acquires it).

('' .)

(g)

Question: This requires investigation. Perhaps when [Reuven] cannot force [Shimon to pay him] in Beis Din, Rabanan did not enact Ma'amad Sheloshtan, just like they did not enact Ma'amad Sheloshtan for a Kesuvah, because it cannot be collected in [her husband's] lifetime (while she is married to him), like I explained in Bava Kama (89a).

(h)

Answer #4: Perhaps if both [fathers] are in front of us and command to give [the five Sela'im] to one of them, [the Kohen] must give it. [Shmuel] needed to establish it when he has a Harsha'ah only so one of them can force him to return it by himself.

2)

TOSFOS DH Aval bid'Lo Kafrei Kasvinan

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(SUMMARY: Tosfos explains why we do not rule like this.)

(a)

Implied question: Why do we write Harsha'ah nowadays, even though [the Shomer] denied?

'' ' ('' .)

(b)

Answer (R. Tam): The reason why Neharde'ei say that we do not write is because it looks false, like we say in Bava Kama (70a);

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1.

And in Kesuvos (85a) it is proven that we are not concerned for what looks false. I elaborated in Bava Kama (70a DH a'Metaltelim).

3)

TOSFOS DH Mes Beno b'Soch Sheloshim Yom... Yachazir Lo Hei Sela'im

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(SUMMARY: Tosfos concludes that this is even for a viable baby.)

(a)

Explanation #1 (Rashi): This is because it was a Nefel.

(b)

Objection (and Explanation #2): There was no need to explain so. Even if we know that he had [nine] full months [of pregnancy], the Torah said that [Pidyon ha'Ben] depends on a month old.

4)

TOSFOS DH Le'acher Sheloshim Af Al Pi she'Lo Nasan Yiten

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(SUMMARY: Tosfos discusses blessing on Pidyon ha'Ben.)

( :)

(a)

Citation (Pesachim 121b): The father of the son blesses two [Brachos on Pidyon ha'Ben].

(b)

Question: [Here,] since he died, it is unclear if he blesses she'Hecheyanu, since he merited to fulfill the Mitzvah.

(c)

Question: Why don't we bless she'Hecheyanu on every Bris Milah, just like on Pidyon ha'Ben? (Nowadays our custom is to bless, unlike in Tosfos' time.)

(d)

Answer: Pidyon ha'Ben is different. It is not common.

5)

TOSFOS DH Mes b'Yom Sheloshim k'Yom she'Lefanav

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(SUMMARY: Tosfos discusses the status of day 30.)

( :) '' '

(a)

Citation (Yevamos 36b): A Beraisa teaches that R. Shimon ben Gamliel says that any human baby that lived 30 days is not a Nefel. This implies that if he did not live [30 days], he is a Safek;

1.

Citation (cont.): If [a widow's baby] died within 30 days (and her husband left no other children), and she became Mekudeshes (if the baby was a Nefel, she needs Yibum or Chalitzah), if a Yisrael was Mekadesh her, she does Chalitzah (for this does not forbid her to him. If a Kohen was Mekadesh her, he keeps her without Chalitzah. We rely on the majority of babies, who are viable. This is like Rabanan of R. Shimon ben Gamliel.)

( .) ('' '') [" " '' - ]

(b)

Version #1: In most Seforim, the text in Shabbos (136a) says "if he died on day 30." Rashi and also R. Chananel have this text.

() [" ' - , ] ('') [" " - , ", ]

(c)

Rejection (and Version #2): It seems that the text says "within 30 days", since Rabanan say here that day 30 is like the day before, and R. Akiva considers this a Safek, and Rabanan and R. Shimon ben Gamliel argue also about day 30;

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1.

What is the difference between day 30 and within 30 days?! (There is no reason for the text to say day 30, since the same applies beforehand.)

(d)

Support: Also the She'altos' text says "within 30 days."

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(e)

Support #1 (for Version #1 - Bahag): On day 30, even if it yawned and died, it is not a Nefel according to Rabanan. Only within 30 days we say in Shabbos (136a) that if it yawned and died, all agree that it is [a Nefel, i.e. it was always] Mes.

1.

Inference: The text [in Yevamos] says "within 30 days", and they explain "Mes" like its simple meaning, that it yawned and died. It considers when it yawned and died on day 30, since it lived so long, as if it fell from the roof within 30 days. (There is no Rei'usa suggesting that it was a Nefel.)

(f)

Support #2 (for Version #1): If it fell from the roof or a lion ate it, only on day 30 we rely on Rabanan [to consider it viable. This is unlike Bahag, who says that even if it yawned on day 30 and died, it is considered viable.]

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(g)

Suggestion: Perhaps even regarding Aveilus it is considered viable.

6)

TOSFOS DH k'Yom she'Lefanav

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(SUMMARY: Tosfos resolves this with the Gemara in Yevamos.)

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(a)

Question: In Yevamos (37b) it connotes that it is obvious to us from the Torah, even within 30 days, he is alive, for it says that if he died within 30 days, and she became Mekudeshes, if a Kohen was Mekadesh her, she does not do Chalitzah [and stays with him]!

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(b)

Answer: There, he fell from the roof or a lion ate him, like Rabanan who argue with R. Shimon ben Gamliel in Shabbos (136a), but here he yawned and died, all agree that he was Mes (a Nefel).

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(c)

Remark: However, even if here we discuss when it fell from the roof, like there, there is no concern, for likewise we rule in Shabbos (136a) like R. Shimon ben Gamliel regarding Aveilus to be lenient [to consider him a Nefel, and exempt from Aveilus...]

1.

Even though regarding a Kohen's wife, since we cannot be stringent [without forcing him to divorce her], we rely on Rabanan and permit without Chalitzah.

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(d)

Question: Here we are so lenient about Aveilus, even for one who we consider Vadai viable when it is impossible [to be stringent], e.g. a Kohen's wife...

49b----------------------------------------49b

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1.

And in Maseches Semachos (4:2), a Mishnah teaches that we conduct Aninus and Aveilus for Sefekos!

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(e)

Answer: There it discusses a Safek nine month baby from the first [husband], or a seven month baby from the latter (e.g. she did not wait three months before remarrying). It would be disgraceful if neither mourned over him, and he is Vadai the son of one of them.

7)

TOSFOS DH v'Didei Azil v'Tarif mi'Meshabdei...

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(SUMMARY: Tosfos discusses when the Kohen can be Toref, and why.)

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(a)

Question: How can [the Kohen] take from Meshubadim? We do not collect from Meshubadim when there are Bnei Chorin, and there are five Shekalim of Bnei Chorin!

(b)

Answer: If [Ploni] would redeem his son first, this would be fine.

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(c)

Question: Still, the buyer [from whom the Kohen took five Sela'im] should pursue the five Sela'im with which [Ploni] redeemed his son, for you are forced to say that [the buyer's] lien preceded the birth of the son!

1.

Source: If the son was born first, if so [the Kohen] could take from the buyer for the son's Pidyon, just like for [Ploni's] own Pidyon!

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(d)

Answer #1: Here we discuss [take from] a buyer who bought from [Ploni's] father. Therefore, he does not pursue the property that [Ploni] bought [and sold].

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(e)

Answer #2: The case is, [Ploni] did not write to the buyer [a lien on] "what I will buy", and [Ploni] bought these five Sela'im of Bnei Chorin after [selling the first land];

' ('' .)

1.

And even when he wrote to him "what I will buy", it is a question in Bava Basra (157a, whether or not he gets a lien). However, when he did not write, we hold that there is no lien.

(f)

Question: If these Meshubadim are property that one bought from [Ploni's] father, this is fine. However, if [Ploni] bought them, how is there a lien for his [own] Pidyon?

1.

When did the obligation for his own Pidyon take effect? It is when he brought two hairs [after 13 years], that he became an adult. From then there is no lien on property he bought afterwards, for he did not write to the Kohen [a lien on] "what I will buy"!

(g)

Answer: You are forced to say that we discuss when [Ploni] inherited from his father.

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(h)

Observation: However, also according to R. Yehudah, sometimes we find that [Ploni] precedes his son (for Pidyon), e.g. he has no property from his father, and from when he brought two hairs he bought this property and sold it after his son was born. For the Pidyon of his son, [the Kohen] can take from Meshubadim.

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1.

Also, we can say that property that he bought afterwards, a lien takes effect on it for Pidyon, even though he did not write [to the Kohen] "what I will buy", for at every moment the Chiyuv of Pidyon is on him;

2.

And since we consider it like a loan with a document, it is as if it was written after he bought the lands. (Therefore, the Kohen can be Toref from the buyer.)

8)

TOSFOS DH Chamesh Shelamim Shel Ben v'Chulei

" (') [']

(SUMMARY: Tosfos explains why the Tana omitted Asham and Erchin.)

(a)

Implied question: Why didn't the Tana teach Asham that must be bought for Kesef Shekalim, and Erchin?

( )

(b)

Answer: He did not need to teach them. It is explicitly written about Asham "b'Shekel ha'Kodesh", and also Erchin, obviously it is in Shekel ha'Kodesh, since it says "v'Chol Erchecha Yihyeh b'Shekel ha'Kodesh.'

9)

TOSFOS DH Amar Rav Asi Manah Shel Tzuri

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(SUMMARY: Tosfos concludes that all the Amora'im come to explain our Mishnah.)

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(a)

Explanation #1 (Rashi): This is [a Maneh] that is accepted in the country Tzur. The Shi'ur of that Maneh is 25 Sela'im, and a Sela is four Zuz, and a Zuz is the weight of a gold coin of two and a half Peshitim of the weight of iron. (Radak 2:21:16 says that there are different weights for different metals. Also nowadays, precious metals are measured in troy ounces, which are a third greater than regular ounces - PF.)

(b)

Assertion: It seems that he had a tradition from his Rebbeyim.

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(c)

Inference: [Rashi] wants to say that a Zuz is of silver, and its weight is like of gold.

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(d)

Observation: And so he explained in his Perush on Chumash in Parshas Mishpatim regarding 30 Shekalim. The Shekel is the weight of four gold coins, which are a half Unikya according to the even weight of Kaloniya;

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1.

Inference: Also this connotes that he wants to say that a Dinar of silver or gold, its weight is the same, for a Sela is four Dinarim.

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(e)

Rebuttal: R. Tam disagrees. He said that a gold Dinar weighs like two of silver, like I will explain below (50a DH d'Mizdavna).

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(f)

Explanation #1 (Rashi - cont.): R. Chanina said that Istira is Sarsiya, that eight of them sell for a Dinar. This refers to a Dinar mentioned in the entire Gemara, i.e. a common Dinar, an eighth of a Dinar Tzuri. R. Chanina is a Tana, and he argues with our Mishnah.

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(g)

Question #1: Now, five Sela'im is a very small amount, for he says that five [Istira] are for Pidyon ha'Ben, and eight of them are only an eighth of a Dinar Tzuri, and a Dinar Tzuri itself weighs only two and a half Peshitim;

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1.

It turns out that five Sela'im of [Pidyon] ha'Ben are not worth [even] one of our coins called Pashut according to R. Chanina!

[" ' - ] '' ( .)

(h)

Question #2: He explains that the Dinar of R. Chanina is a common Dinar, and the Mishnah normally calls this Zuz, and the Gemara usually calls this [Zuzei] Peshitei, like in Kesuvos (67a), that we say "50 Zuzei Peshitei"!

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(i)

Question #3: Everywhere, when it says Dinar Stam, it discusses a gold Dinar, like Dinarei Hadraini, which sell for 25 Zuzim!

('') [" " - ] ( .) ' ( ) [" - ]

1.

Also, in Kidushin (40a) regarding Rav Kahana, that Eliyahu gave to him Shaifa of Dinarim, and R. Ami who found Uniya of Dinarim (Bava Metzi'a 28b) - these are Kelim full of gold Dinarim.

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(j)

Explanation #2: All of [these opinions in the Gemara] do not argue. They discuss the Mishnah, to explain the Shi'ur to us. R. Asi said Maneh of Tzuri, i.e. five Sela'im of the Maneh of Tzuri, they are the five Sela'im of [Pidyon] ha'Ben;

10)

TOSFOS DH R. Ami Amar Dinara Arava (This is all one Dibur according to the Shitah Mekubetzes and Tzon Kodoshim)

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(a)

Explanation #2 (cont.): R. Ami said Arava Dinarim, i.e. the Dinar of Araviya is worth five Sela'im of a son. This is not like Rashi explained, that a Sela Tzuri is a Dinar of Araviya.

( ) [" - ] [" - ] '' ''

1.

[Rashi] also explained that he found in a Teshuvah of Ge'onim of Bavel that seven of those Dinarim said everywhere in the Gemara, that a Dinar is six silver Ma'ah, make 10 [Dinarim] of Araviya.

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2.

Rejection: He contradicts himself! Since a Dinar of Araviya is smaller even from a Dinar in the entire Gemara, how can it be that a Sela Tzuri is a Dinar of Araviya? A Sela is four Dinarim of Tzuri in the entire Gemara, like we say in Kidushin and everywhere!

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(b)

Explanation #2 (cont.): Rather, it discusses gold Dinarim. [A Dinar] of Araviya is smaller than a gold Dinar of Tzuri, for those of Tzuri sell for 25 silver [Dinarim], and those of Araviya for 20, like I explained, that the Shi'ur (of a Dinar of Araviya) is like five Sela'im of a son.

11)

TOSFOS DH R. Chanina... (This is all one Dibur according to Tzon Kodoshim)

" [ ]

(a)

Version #1: R. Chanina says Istira Sesuriya. This is the text in most Seforim.

(b)

Version #2 (Rashi): [Istira] Savasrisa (old Sela'im).

('' .) [" - , "]

(c)

Assertion: According to both versions, it is called so based on the name Surya, like "the Sursi language", which is called so based on of Surya;

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1.

It is a Sela of Surya, that eight of them sell for Dinara, i.e. a gold Dinar of Surya, which is bigger than the gold Dinar of Tzur in the entire Gemara;

( ) [" - ] ( - )

2.

[A gold Dinar of Tzur] sells for 25 [silver Dinarim], and this [gold Dinar] of Surya is worth eight [silver Sela'im], i.e. 32 silver Dinarim, for a Sela is four Dinarim.

12)

TOSFOS DH R. Yochanan Amar Dinara Hadraina... (pertains to the coming Daf)

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(SUMMARY: Tosfos explains that this is the regular gold Dinar of the Gemara.)

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(a)

Explanation: This is the gold Dinar of the entire Gemara, which sells for 25 [silver Dinarim];

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1.

We conclude "deduct a Zuz and 24 remain, and return to deduct a sixth of those 24, and 20 remain for Pidyon ha'Ben, which is five Sela'im, for a Sela is four Dinarim.

(b)

Citation: It is written in Seforim "they are 20 units of weight like the weight of Dinarim that are 28 and a half Zuz, and half a Danka (a sixth, i.e. of a Zuz)."

[" - "] :

(c)

Explanation: It seems that this is the Perush of the Ge'onim. They explained five Sela'im of a son according to the coin in their days.

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