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Bava Kama Chart #4b

Bava Kama Daf 13a

WHICH TYPES OF KODSHIM KALIM ARE CONSIDERED "MEMONO," "HIS PROPERTY," ACCORDING TO BEN AZAI?(1)
  (A)
LISHNA KAMA 		(B)
LISHNA BASRA (RAVINA)
1) TANA KAMA,
according to Ben Azai		 Bechor,
Shelamim		 Shelamim
(& some say even Bechor)(2)
2) ABA YOSI BEN DUSTA'I,
according to Ben Azai		 Bechor(4) Bechor,
Shelamim(3)
==========
FOOTNOTES:
==========
 (1) From the words of Rashi (DH Matnos Kehunah) it seems that Ben Azai intends to *explain* the opinion of Rebbi Yosi ha'Gelili and not to argue with him. For this reason, we have written here that Ben Azai stated his opinion in accordance with the view of Rebbi Yosi ha'Gelili. However, the Ra'avad (in the Shitah Mekubetzes) says that Ben Azai is arguing with Rebbi Yosi ha'Gelili. Rebbi Yosi ha'Gelili himself holds that Bechor, Shelamim, and Ma'aser Behemah are *all* considered property of the owners, "Memono." This also seems to be the view of Rashi in Chulin (137a, DH b'Kedushah) and in Temurah (8a, DH l'Rabos). (See Rashash in Chulin there.)
(2) This is the opinion of the Ra'avad, according to his first explanation. According to this, the Tana Kama and Aba Yosi are only arguing whether or not a Bechor is more Kadosh than Shelamim or less Kadosh than Shelamim. According to Aba Yosi, it is only necessary to mention that Bechor is "Memono," and we would know, Kol she'Ken, that Shelamim is "Memono." According to the Tana Kama, it is only necessary to mention that Shelamim is "Memono" (since it is more Kadosh), and we would know, Kol she'Ken, that Bechor is as well. The explanation of the Ra'avad is consistent with his reasoning that we cited in the Insights here (13:1:b). However, according to what we wrote there (1:a) to explain the view of *Rashi*, the opinion that holds that Shelamim is more Chamur than Bechor is referring to Bechor in *Chutz la'Aretz*, and the opinion that holds that Bechor is more Chamur than Shelamim is referring to Bechor in *Eretz Yisrael*. Thus, according to all opinions, a Bechor in Chutz la'Aretz is the least Chamur of all, Shelamim is more Chamur than Bechor in Chutz la'Aretz, and Bechor in Eretz Yisrael is the most Chamur of all (see Insights).
(3) This Lishna Basra is refuted by the Gemara, due to the fact that Aba Yosi said, "Ben Azai only said Bechor 'Bilvad' (alone)!" implying that he is excluding Shelamim as well, like the Lishna Kama.
(4) This is how most of the Rishonim and Acharonim explain. However, the Talmidei Rabeinu Yisrael (in the Shitah Mekubetzes) explain that even according to the Lishna Kama, the Tana Kama and Aba Yosi are not arguing (similar to the first explanation of the Ra'avad in the Lishna *Basra*, see footnote #2 above).

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