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BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

1)

(a)We just used a Beheimah Temei'ah as an example of something that has Techilas Hekdesh, but no Sof Hekdesh. What does this? Which one of two factors comprise 'Sof Hekdesh'?

(b)Rav Ashi asked Ravina (some switch the names here) that even if a Tamei animal is not subject to Sof Hekdesh, it is subject to Emtza Hekdesh. What is Emtza Hekdesh?

(c)When Ravina insisted that we learn Emtza Hekdesh from Sof Hekdesh, Rav Zutra b'rei de'Rav Mari asked him why, what did he initially reply?

(d)And on what grounds did Rav Zutra b'rei de'Rav Mari persist that we should rather learn it from Techilas Hekdesh?

1)

(a)We just used a Beheimah Temei'ah as an example of something that has Techilas Hekdesh, but no Sof Hekdesh, which means that it neither goes on the Mizbe'ach nor is it built into the walls of the Beis Hamikdash.

(b)Rav Ashi asked Ravina (some switch the names) that even if a Tamei animal is not subject to Sof Hekdesh, it is however, subject to Emtza Hekdesh which means that Hekdesh Sheini (transferring its Kedushah on to another animal so that it requires redemption) applies to it just as it does to a Beheimah Tehorah.

(c)When Ravina insisted that we learn Emtza Hekdesh from Sof Hekdesh, Rav Zutra b'rei de'Rav Mari asked him why, he initially replied that it is preferable to learn Nitfas (Hekdesh Sheini) from Nitfas.

(d)Rav Zutra b'rei de'Rav Mari however, persisted that we should rather learn it from Techilas Hekdesh since they are both followed by another Kedushah.

2)

(a)Ravina replied with a statement of Rava. What did Rava extrapolate from the Pasuk in Pinchas "ve'Arach Alehah ha'Olah"?

(b)How does that Derashah apply here too, vindicating Ravina (or Rav Ashi) once and for all?

2)

(a)Ravina replied with a statement of Rava, who extrapolated from the Pasuk "ve'Arach Alehah ha'Olah" that the Olas ha'Tamid is always the first Korban to be brought each day.

(b)That Derashah applies here too because here too, the Torah writes " ... Beheimah ha'Temei'ah, implying that it is only the first animal that requires a Chomesh (vindicating Ravina or Rav Ashi] once and for all).

3)

(a)We cite a Beraisa in support of Rebbi Yehoshua ben Levi. What does the Tana mean when he says 'Parah Zu ... Talis Zu Tachas Talis shel Hekdesh, Hekdesho Paduy'?

(b)From where do we learn that he remain obligated to make up the difference?

(c)What else do we learn from the Tana's next words 've'Yad Hekdesh al ha'Elyonah'?

(d)The Tana then presents the same case, but where the owner assessed the cow or the Talis at five Sela'im - How does he conclude?

3)

(a)We cite a Beraisa in support of Rebbi Yehoshua ben Levi. When the Tana says 'Parah Zu ... Talis Zu Tachas Talis shel Hekdesh, Hekdesho Paduy', he means that (due to the principle 'Hekdesh Shaveh Manah she'Chilelo al Shaveh Perutah, Mechulal') the transaction is valid (and he is permitted to benefit from the cow or the Talis), even if the un-assessed article with which he redeemed it was worth less than the Hekdesh article.

(b)We learn that he remains obligated to make up the difference from the Tana's next words 've'Yad Hekdesh al ha'Elyonah'.

(c)We also learn from there that should he asses the article at a higher price than the Hekdesh article is worth, the transaction is valid too, and he is obligated to give it to Hekdesh.

(d)The Tana then presents the same case, but where he assessed the cow or the Talis at five Sela'im concluding 'al Hekdesh Rishon Mosif Chomesh, al Hekdesh Sheini, Ein Mosif Chomesh'.

4)

(a)Our Mishnah states 'ha'Ona'ah Arba'ah Kesef (Ma'ah), ve'ha'Ta'anah Sh'tei Kesef, ve'ha'Hoda'ah Shaveh Perutah'. How much must the sale be for the Ona'ah to be four Kesef?

(b)What does 've'ha'Ta'anah Sh'tei Kesef, ve'ha'Hoda'ah Shaveh Perutah' refer to?

(c)This is one of a number of rulings that require a minimum of a Shaveh Perutah. How many more cases does the Tana list?

(d)We know that one can betroth a woman with a Shaveh Perutah. What is the Din of Shaveh Perutah connected with ...

1. ... Hekdesh?

2. ... Metzi'ah?

3. ... Gezel?

4)

(a)Our Mishnah states 'ha'Ona'ah Arba'ah Kesef (Ma'ah), ve'ha'Ta'anah Sh'tei Kesef, ve'ha'Hoda'ah Shaveh Perutah'. For the Ona'ah to be four Kesef, the sale must be one Sela (as we have already learned).

(b)'ve'ha'Ta'anah Sh'tei Kesef, ve'ha'Hoda'ah Shaveh Perutah' refers to the Shevu'ah of Modeh be'Miktzas, which will only apply if the claimant claimed at least two Ma'ah, and the defendant denied at least one Perutah.

(c)This is one of a number of rulings that require a minimum of a Shaveh Perutah. The Tana lists another four.

(d)We know that one can betroth a woman with a Shaveh Perutah. The Din of Shaveh Perutah connected with ...

1. ... Hekdesh is Me'ilah.

2. ... Metzi'ah is the obligation to return it.

3. ... Gezel is the obligation for the Gazlan to carry it after the owner even as far as Madai, after denying having stolen it and swearing his innocence.

5)

(a)We query our Mishnah in that we have already learned the opening ruling ('ha'Ona'ah Arba'ah Kesef') in an earlier Mishnah. How do we initially answer this?

(b)But that too, is stated in a Mishnah in Bechoros?

5)

(a)We query our Mishnah in that we have already learned the opening ruling ('ha'Ona'ah Arba'ah Kesef') in an earlier Mishnah. We answer that the Tana only mentions the opening statement because of the following one ('ha'Ta'anah Sh'tei Kesef ... ').

(b)Since, however, that too, is stated in a Mishnah in Bechoros we conclude that the Tana inserts both rulings only on account of the third ruling 'Chamesh Perutos Hein'.

6)

(a)According to Rav Kahana, our Mishnah does not include the minimum Shi'ur regarding Ona'ah in the list, because the minimum Shi'ur for Ona'ah is an Isar. Why is that?

(b)Levi however, cites a Beraisa that does include Ona'ah in the list of Perutos. What else does he include that the Tana of our Mishnah does not?

(c)Which two of the five cases listed in our Mishnah does he then omit?

(d)Why is he forced to do that?

6)

(a)According to Rav Kahana, our Mishnah does not include the minimum Shi'ur regarding Ona'ah in the list, because the minimum Shi'ur for Ona'ah is an Isar because it is the smallest denomination of silver coins (see also the Rosh Si'man 20).

(b)Levi however, cites a Beraisa that includes both Ona'ah in the list of Perutos and 'Yeshivas ha'Dayanim' (that Beis-Din will not convene for a case of less than a Perutah), which our Mishnah does not.

(c)And he omits the two cases of Me'ilah and Aveidah.

(d)He is forced to do that in order to conform with the Kabalah of 'five Perutos'.

7)

(a)Seeing as our Tana mentions ...

1. ... Aveidah, why does he need to mention Gezel?

2. ... Gezel, why does he need to mention Aveidah?

(b)Why does he not then include 'Yeshivas ha'Dayanim'

(c)Why does Levi's Tana decline to include in his list of Perutos ...

1. ... Me'ilah?

2. ... 'Aveidah?

(d)He nevertheless mentions 'Yeshivas ha'Dayanim' (even though he has already mentioned Gezel), to preclude the opinion of Rav Ketina. What does Rav Ketina say?

7)

(a)Despite the fact that our Tana mentions ...

1. ... Aveidah, he nevertheless needs to mention Gezel to teach us the Din of taking the object all the way to Madai.

2. ... Gezel, he needs to mention Aveidah to teach us that the obligation to announce it remains, even though the article diminished in value to less than a Perutah between the time he found it and the time he announced it.

(b)The reason that he does not include 'Yeshivas ha'Dayanim' is because it is incorporated in Gezel and Aveidah.

(c)Levi's Tana declines to include in his list of Perutos ...

1. ... Me'ilah because he is not concerned with Kodshim.

2. ... 'Aveidah because it obviously has the same Din as Gezel.

(d)He nevertheless mentions 'Yeshivas ha'Dayanim' (even though he has already mentioned Gezel), to preclude the opinion of Rav Ketina, who says that Beis-Din will convene even for a Din of less than a Perutah.

8)

(a)And why does our Tana not include Pidyon Ma'aser in his list?

(b)Then let him say 'Chomesh Ma'aser'?

8)

(a)Our Tana does not include Pidyon Ma'aser in his list because he holds like the opinion (earlier in the Perek) 'Ein be'Chomsho Ma'aser' (and not the Ma'aser itself).

(b)And the reason that he does not then say 'Chomesh Ma'aser' is because he is concerned with the Din of Keren, and not of Chomesh.

9)

(a)Rava queried Rav Ketina from a Beraisa. What does the Tana there learn from the Pasuk in Vayikra (in connection with Chomesh) "Ve'es asher Chata al ha'Nefesh Yeshalem ... "?

(b)On whom does this pose a Kashya?

(c)So how do we amend Rav Ketina, to conform with the Beraisa? What will Beis-Din do by less than a Shaveh-Perutah?

9)

(a)Rava queried Rav Ketina from a Beraisa. The Tana there learns from the Pasuk "Ve'*es* asher Chata min ha'Kodesh Yeshalem ... " that by a Din Hekdesh, Beis-Din will convene even for less than a Shaveh Perutah, but not by a Din Hedyot ...

(b)... a Kashya on Rav Ketina whom we quoted earlier as saying that even for a Din Hedyot, Beis-Din will sit for a Din of less than a Perutah.

(c)To conform with the Beraisa, we amend Rav Ketina, who now refers to the conclusion of the Din in other words, once Beis-Din have convened, should the claimant then change his claim, and claim less than a Perutah, Beis-Din will conclude its session.

55b----------------------------------------55b

10)

(a)Our Mishnah then lists five 'Chumshin'. Terumah, Terumas Ma'aser and Terumas Ma'aser Shel Demai are all incorporated in Terumah. We have already learned that if a Zar eats any of them b'Shogeg, he pays a fine of a Chomesh. Why does the Tana not also include Terumah Gedolah of Demai in his list of Terumos?

(b)Which other two items does the Tana include in his list together with those of Terumah?

(c)Why does he do that?

(d)He also includes the cases of someone who redeems his own Neta Reva'i and Ma'aser Sheini. Why does he reckon them as one?

(e)The third of the five cases is someone who redeems his own Hekdesh. What do we learn from the Pasuk in Bechukosai (in connection with Chomesh) "ve'Chi Yig'al Ish mi'Ma'asero" and "ve'Im ha'Makdish Yig'al es Beiso" respectively?

10)

(a)Our Mishnah then lists five 'Chumshin'. Terumah, T'rumas Ma'aser and T'rumas Ma'aser shel Demai are all incorporated in Terumah. We have already learned that if a Zar eats any of them be'Shogeg, he pays a fine of a Chomesh. The Tana not include Terumah Gedolah of Demai in his list of Terumos because (seeing as the Amei ha'Aretz were definitely separating it, Chazal saw no reason to include it in the category of Demai. Consequently) there is no such thing.

(b)The other two items that the Tana includes in his list together with those of Terumah are Chalah and Bikurim.

(c)He does that because the Torah refers to them as Terumah.

(d)He also includes the cases of someone who redeems his own Neta Re'vai and Ma'ser Sheini, which he reckons as one because Ma'aser Sheini, which has no Pasuk of its own, is learned from Neta Revai.

(e)The third of the five cases is someone who redeems his own Hekdesh. The Tana learns from the Pasuk in Bechukosai (in connection with Chomesh) "ve'Chi Yig'al Ish mi'Ma'asro" and "ve'Im ha'Makdish Yig'al es Beiso" respectively that it is only the original owner of Ma'aser Sheini and of Hekdesh who need to add a Chomesh, but not someone who redeems that of somebody else.

11)

(a)The remaining two cases add a Chomesh due to the fact that they sinned. What are they?

(b)What bothers Rebbi Elazar with the ruling that Terumas Ma'aser Shel Demai pays a Chomesh?

(c)Rav Nachman Amar Shmuel establishes our Mishnah like Rebbi Meir. What does Rebbi Meir say about a Shali'ach who brings a Get from overseas and fails to declare 'b'Fanai Nichtav u've'Fanai Nechtam'?

(d)According to the Chachamim, the baby is in any event not a Mamzer. What must the Shali'ach do according to them?

11)

(a)The remaining two cases, who add a Chomesh due to the fact that they sinned are someone who benefits from Hekdesh be'Shogeg or who steals, and then denies and swears that he did not.

(b)What bothers Rebbi Elazar with the ruling that T'rumas Ma'aser shel Demai pays a Chomesh is the fact that the Rabbanan reinforce their own laws (Demai, which is only d'Rabanan) with the same fine as the Torah instigated to reinforce its laws.

(c)Rav Nachman Amar Shmuel establishes our Mishnah like Rebbi Meir, who rules that if a Shali'ach brings a Get from overseas and fails to declare 'be'Fanai Nichtav u've'Fanai Nechtam' the husband is obligated to divorce her, and their children are Mamzerim.

(d)According to the Chachamim, the baby is any event not a Mamzer. According to them the Shali'ach is obligated to retrieve the Get from the women and to return it to her with the relevant declaration.

12)

(a)We base Rebbi Meir's stringency on a statement by Rav Hamnuna in the name of Ula. What did Ula say about someone who deviates from the instructions of the Chachamim in the realm of Gitin, according to Rebbi Meir?

(b)The Mishnah in Demai, discussing Ma'aser Sheini of Demai, permits the redeeming of silver coins on to silver coins, and copper coins on to copper ones. Which other concession does the Tana make with regard to silver coins?

(c)Rebbi Meir permits redeeming a copper coin of Ma'aser Sheini on to fruit, provided one then transfers the Kedushah back from the fruit on to money. Why is that?

(d)What do the Chachamim say?

12)

(a)We base Rebbi Meir's stringency on a statement by Rav Hamnuna in the name of Ula, who states that someone who deviates from the instructions of the Chachamim in the realm of Gitin, according to Rebbi Meir must divorce his wife, and his children are Mamzerim.

(b)The Mishnah in Demai, discussing Ma'aser Sheini of Demai, permits the redeeming of silver coins on to silver coins, and copper coins on to copper coins. The Tana also permits the redeeming of silver coins on to copper ones.

(c)Rebbi Meir permits redeeming a copper coin of Ma'aser Sheini on to fruit provided one then transfers the Kedushah back from the fruit on to money in order to fulfill the Torah's command "ve'Tzarta ha'Kesef be'Yadcha" that takes effect from the moment one redeems the original Ma'aser on to money.

(d)The Chachamim permit him to take the fruit itself to Yerushalayim and to eat it there.

13)

(a)What does the Mishnah in Ma'aser Sheini instruct the owner to do if a Sela of Ma'aser and a Sela of Chulin of his got mixed up?

(b)What does the Tana go on to comment about redeeming silver coins on to copper ones?

(c)The Chachamim forbid it Lechatchilah for two reasons. One of them is because it is a degradation of Ma'aser. What is the other?

(d)Why does this (emergency) concession not extend to redeeming silver coins with silver ones?

13)

(a)If a Sela of Ma'aser and a Sela of Chulin got mixed up, the Mishnah in Ma'aser Sheini instructs the owner to transfer the Kedushah wherever it might be, on to copper coins, and then to transfer it from the copper coin on to the better of the two silver ones.

(b)The Tana then comments that one may only redeem silver coins on to copper ones in an emergency (like the current case), and even then, only temporarily, as we explained.

(c)The Chachamim forbid it Lechatchilah for two reasons, one because it is a degradation of Ma'aser, the other because copper coins go rusty.

(d)This (emergency) concession does not extend to redeeming silver coins with silver ones because this is not the way the conventional way of redeeming something.

14)

(a)Why does this Stam Mishnah pose a Kashya on Rebbi Meir of our Mishnah (whom we quoted a little earlier)?

(b)To answer the Kashya, how does Rav Yosef differentiate between Pidyon and Achilah, to answer the Kashya?

14)

(a)On the assumption that the author of this (Stam) Mishnah is Rebbi Meir, we ask that here Rebbi Meir does not reinforce Demai (even going so far as to permit the redemption of one coin for another coin of the same denomination), in the way that he does Vadai (where Lechatchilah, he does not even allow redeeming a silver one for a copper one); whilst in our Mishnah, he ascribes to Demai the same reinforcement as he does to Vadai, as we just learned.

(b)To answer the Kashya Rav Yosef differentiates between Pidyon (in Ma'aser Sheini), where he is more lenient by Demai, and Achilah (our Mishnah), where he is not.

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