BECHOROS 60 - Dedicated by Eddie and Esther Turkel in honor of the birth of Dovid Boaz Kornfeld.


TOSFOS DH Yatz'u Shenayim k'Echad...


(SUMMARY: Tosfos explains that this creates a Safek.)



Explanation #1 (Rashi): E.g. two came out [together], when he reached six or seven, and he counted them as one. Therefore, the called the 10th animal "nine", and the 11th animal "Asiri".



Implied question: (Here we say that the ninth and 10th are messed up.) Below (in our Mishnah), we say that if he called the 10th "nine", and the 11th "Asiri", the [real] 10th is Ma'aser, and the 11th is a Shelamim!



Answer: Here they are messed up because he counted two, which came out together, as one, and we are unsure whether or not they become like one through counting them like one.

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[This is] even according to the opinion in the Gemara that the 10th animal is Kadosh, for this that two left at once and he counted them as one, makes it a Safek;



The one called nine is a Safek ninth Safek Asiri, and the one called Asiri is a Safek Asiri, Safek Kadosh to be offered [for Shelamim].



TOSFOS DH Ad she'Yishtok bi'Teshi'i

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(SUMMARY: Tosfos gives two explanations of this.)

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Explanation #1: There are two ways to explain. We could explain that he need not be silent about the ninth, just he did not call it Asiri, and [the law applies] even if he called it nine;


If he called it Asiri, the 11th is not Kadosh, for two errors do not become Kadosh like one, for we require that its error is unique, like it itself (the Asiri is unique).


Explanation #2: Or, we can explain that if he called the ninth "ninth", it is not a mistake if he calls the 10th "ninth". It is as if he called it Asiri, and the 11th is not Kadosh, for it is not considered as if the name of the 10th was uprooted from [the 10th].


Consequence: Now, "being silent" is precise. He does not speak at all.



Support: This answers another question below in our Sugya. It says 'what is the case? One of them prematurely stuck its head [out of the pen] and he called it "11"';


[The Gemara] challenges this 'like whom is this? It is unlike Rebbi, for if it is Rebbi, he said that [calling the 10th] "11" is not an Akirah!'


Question: We should establish that he called the one that stuck its head out "nine". All agree that this is an Akirah! (Then, it is even like Rebbi!)



Answer #1: According to Explanation #2 this is fine, for it is not an Akirah, like I explained.


Answer #2: According to Explanation #1, we do not establish it when he called it "nine", for there is no need to teach this. Surely it is an Akirah!


However, it needed to teach this (when he called it 11), for sometimes it is not an Akirah according to Rebbi, when there are many (at least 20) animals (like the Gemara says).


TOSFOS DH Shenayim b'Asiri v'Chulei

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(SUMMARY: Tosfos explained that he could hold that Iy Efshar Letzamtzem.)

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Reference: Above (17b DH Efshar) I explained above that he could hold that Iy Efshar Letzamtzem.