TOSFOS DH AL TAKNITEINI
úåñôåú ã"ä àì ú÷ðéèðé
(SUMMARY: Tosfos explains the opinion of Reish Lakish.)
ãàåúáéä øéù ì÷éù ìø' éåçðï îääéà ãàìå ùòåøåúéäï ëáùøï ëå'
Explanation: Reish Lakish asked a strong question on Rebbi Yochanan from the Mishnah, "The skin of these is like their flesh etc."
åà"ú ìãéãéä âåôéä ú÷ùä ìéä ãäà ÷ñáø ãáúø áñåó àæìéðï áäê âéãéï ùñåôï ìä÷ùåú
Question: Why isn't this a question on Reish Lakish as well? He himself says that we look at the eventual state of the sinews that will end up hardening!
åé"ì ãìà ãîé ôñç ãìàëéìä ìèåîàä ãàôé' òåø ùùì÷å îèîà èåîàú àåëìéï ëéåï ãçæé ìàëéìä ëãàîø áñîåê åàò"â ãåãàé àéï ðîðéï òìéå áôñç åäëé ðîé âéãéï ùñåôï ìä÷ùåú
Answer: This is unlike a Korban Pesach. Regarding the impurity of food, even skin that was cooked can contract impurity due to its being food because it indeed is fit to eat as stated later, even though one cannot be part of a Korban Pesach by just having ownership of some of the skin (as this is only done with parts of the animal that are always eaten). The same applies to sinews that will eventually harden.
åëï áôø÷ ëéöã öåìéï (ôñçéí ôã.) ãôøéê îääéà ãø' éåçðï ãàîø òåø äøàù ùì òâì äøê àéï îèîà èåîàú àåëìéï àääéà ãâéãéï ùñåôï ìä÷ùåú îë"ù ôøéê
Proof: In Pesachim (84a), the Gemara asks a question from Rebbi Yochanan's statement that the soft skin of the head of a calf cannot contract impurity of food on his statement regarding Gidin that will end up becoming hard that certainly one should not be able to be part of a Korban Pesach with the Gidin (if the soft skin cannot even be considered food). (In other words, we see that when impurity of food does not apply, certainly one cannot use that part of the animal for his ownership of the Korban Pesach.)
åáéøåùìîé àääéà ãøàùå ùì òâì äøê à"ø éåçðï ìà ùðå àìà ìèåîàä àáì ìì÷åú ìà åø"ì àîø îùðä ùìîä äéà æå áéï ìèåîàä åáéï ìì÷åú
Observation: When the Yerushalmi discusses the soft head of a calf, Rebbi Yochanan says that this is only regarding impurity. However, it is not regarding receiving lashes (if one eats this skin from an animal that is a Neveilah). Reish Lakish says that this Mishnah applies both to impurity and to lashes.
åîñé÷ äúí îéçìó ùéèúéä ãø"ì úîï ìà òáéã ìä áùø âáé âéãéï ùñåôï ìä÷ùåú ãàîø àéï ðîðéï åëàï òáéã ìéä áùø
Observation (cont.): The Yerushalmi concludes that their opinions seemingly need to be switched. Can Reish Lakish say that regarding sinews that will harden it is not meat and therefore one cannot own that part of the animal to be part of the Korban Pesach and also hold here that it is not meat?
à"ø áåï èòîà ãøéù ì÷éù åàëìå àú äáùø áùø åìà âéãéï
Observation (cont.): Rebbi Boon says that the reason of Reish Lakish is because the Pasuk says, "And they will eat the meat" implying meat and not sinews. (Accordingly, while sinews are not meat, the soft head of a calf could be meat.)
îùîò ìôé äéøåùìîé ãáëì î÷åí àæéì áúø äùúà áø îâáé ôñç ãëúéá ÷øà
Observation (cont.): The Yerushalmi implies that we always look at the current status (of the item in question) besides when dealing with the Korban Pesach, as stated in the Pasuk.
TOSFOS DH B'LASHON YACHID
úåñôåú ã"ä áìùåï éçéã
(SUMMARY: Rashi and Tosfos argue regarding the definition of "b'Lashon Yachid.")
äéä ùåðä áîùðä ãáøé ø"ù
Explanation #1: He understood that that the correct text at the end of the Mishnah was, "These are the words of Rebbi Shimon."
åìà ëîå ùôé' á÷åðèøñ îùåí ãàúéà ëéçéãàä
Explanation #2: This is unlike Rashi's explanation that he simply held it was a minority opinion.
ãáôø÷ äçåìõ (éáîåú ãó îá:) ôøéê åäà à"ø éåçðï äìëä ëñúí îùðä àò"â ãàúéà ëø' éäåãä
Question: In Yevamos (42b) the Gemara asked, "Didn't Rebbi Yochanan say that the law follows the Stam Mishnah?" This is despite the fact that it is according to the (minority) opinion of Rebbi Yehudah? (This indicates that Rebbi Yochanan could very well rule like a minority opinion quoted in a Stam Mishnah, as he does in Yevamos (ibid.). Accordingly, he would not be able to tell Reish Lakish that he should have known he does not rule this way because it is a minority opinion. However, if it says in the Mishnah, "These are the words of Rebbi Shimon" it is no longer a Stam Mishnah, which is why Rebbi Yochanan felt that Reish Lakish should have known that Rebbi Yochanan does not hold this way.)
åà"ú åîîàé ãîääéà ãôñç äãø áéä åãìîà îääéà ãì÷îï äãø áéä
Question: How do we know he retracted his opinion regarding the sinews of a Korban Pesach? Perhaps he retracted his understanding stated later (122b) that the Mishnah states, "These are the words of Rebbi Shimon?" (See Maharam.)
åé"ì ãîñúîà äãø áéä ìâáé çáøéä
Answer: It is more understandable to say that he retracted in order to agree to the position of Reish Lakish.
TOSFOS DH NISMASMEIS
úåñôåú ã"ä ðúîñîñ
(SUMMARY: Tosfos explains the difference between our Gemara and a similar Gemara earlier.)
äà ãàîø áàìå èøôåú (ìòéì ðâ:) ðúîñîñ äáùø øåàéï àåúå ëàéìå äåà àéðå
Implied Question: The Gemara earlier (53b) says that if the meat is worn away we look at it as if it is nonexistent. (How is this different from the question of our Gemara?)
äééðå ëâåï áøéàä åáâéãéï ùäèøôåú úìåé áäï àáì äëà ùäèøôåú úìåé áòöí àò"â ãðúîñîñ äáùø ùîà òãééï îâéï
Answer: This is when the meat is in the lungs or sinews, as being a Treifah is dependent on these things. However, in our case where being a Treifah is dependent on the bone, even though the meat is worn away it is possible it still protects.
TOSFOS DH D'KANAH
úåñôåú ã"ä ã÷ðä
(SUMMARY: Rashi and Tosfos have different texts in our Gemara.)
á÷åðèøñ âøñ áãìé"ú
Text #1: Rashi's text is "Di'dei" with a Daled.
åø"ç åø"ú âøñé áøé"ù ôé' øéøéí ìéçä ùìå ùàæ îãá÷ áå äòåø åîòìä áå àøåëä
Text #2: Rabeinu Chananel and Rabeinu Tam have the text "Ri'rei" with a Reish. This means its moistness that sticks to the skin and creates a scab or scar.
TOSFOS DH OR
úåñôåú ã"ä òåø
(SUMMARY: Tosfos explains why skin cannot be eaten to fulfill the obligation of Korban Pesach.)
åà"ú à"ë éàëì òåø áôñç ãäà úðï (ôñçéí ãó ôã.) ëì äðàëì áùåø âãåì áùì÷à ðàëì áöìé áâãé äøê
Question: If so, he should be able to eat skin to fulfill his obligation of Korban Pesach! This is as the Mishnah states in Pesachim (84a) that whatever is eaten from a large ox when cooked can be eaten roasted from a young goat.
åé"ì ãáòéðï ùéäà ðàëì áùì÷à ùìà ò"é äãç÷
Answer: It (the skin of the ox) needs to be eaten cooked in a normal circumstance (and it is not).
77b----------------------------------------77b
TOSFOS DH B'NIVLASAH
úåñôåú ã"ä áðáìúä
(SUMMARY: Tosfos explains why our Gemara did not quote a Mishnah later and instead quoted a Beraisa.)
åà"ú àîàé ìà îééúé îúðé' ãäòåø åäøåèá (ì÷îï ÷éæ:) ãúðï áäãéà ãäòåø àéðå îöèøó ìèîà èåîàú ðáìåú
Question: Why doesn't the Gemara quote the Mishnah in Chulin (117b) that explicitly states that skin cannot combine to create the impurity of a Neveilah?
åé"ì ãîééúé îäëà îùåí ãøáä áø øá çðà ÷àîø òìä ìà ðöøëä àìà òùàï ìöé÷é ÷ãøä ãàîúðé' ìà îöé ìîéîø ãîúðé' àéöèøéê ìàùîåòéðï îùåí öéøåó ãàéï îöèøôéï
Answer: The Gemara quotes the Beraisa instead because Rabah bar Rav Chana said regarding the Beraisa that it was required to exclude a case where the skin etc. was cooked for a long time together with spices. He could not have said this regarding our Mishnah, as our Mishnah needed to teach that it does not combine to create impurity of Neveilah.
TOSFOS DH V'LO B'OR
úåñôåú ã"ä åìà áòåø
(SUMMARY: Tosfos explains that skin without a Kzayis of meat does not have Tumas Neveilah.)
ëùàéï òìéå ëæéú áùø ãäëé àîø áäòåø åäøåèá (ì÷îï ÷ëå:)
Explanation: This is when it does not have a Kzayis of meat on it, as this is what is said in the Gemara later (126b).
åäúí ðîé ãøùéðï áðáìúä åìà á÷åìéú ñúåîä åù÷åìéï äï
Explanation (cont.): We also derive there, "with its Neveilah - and not a closed thighbone." These teachings are similar.
TOSFOS DH HA'MAPELES
úåñôåú ã"ä äîôìú
(SUMMARY: Tosfos explains why a Neifel is not included in the Beraisa.)
ìà äåé îöé ìîéð÷è ðôì
Implied Question: The Beraisa could not have included a case regarding a regular Neifel (child who will not survive for thirty days). (Why not?)
îùåí ãúåê ùìùä úåìéï áå àú äùìéà ëãàîø øáà áô' äîôìú (ðãä ãó ëå:)
Answer: This is because any placenta that comes out within three days of a Neifel is linked to the Neifel as stated by Rava in Nidah (26b, unlike the law of this Beraisa).
TOSFOS DH HAREINI
úåñôåú ã"ä äøéðé
(SUMMARY: Tosfos gives two possible explanations of "the stringency of two births.")
á÷åðèøñ ôé' ãàúà ëøáðï
Explanation #1: Rashi explains that this is according to the Rabbanan (who say that anything that does not have the shape of a person is not considered a birth of a person).
àáì îúåê äìùåï ãçåîø ùðé åìãåú îùîò ëø"î ãçùéá åìãåú áäîä çéä åòåó
Explanation #2: However, the terminology, "the stringency of two births" indicates that it is according to Rebbi Meir who holds that a birth of something that looks like an animal or bird is considered a birth.
åëâåï ãäê áäîä äåéà æëø ãàé äåéà ð÷áä ìà ðô÷à îéðä îéãé áçùùà ùì ùìéà àí ìà äéëà ãçã ÷åãí ù÷éòú äçîä åçã ìàçø ù÷éòä ëãàîøéðï âáé ñðãì áôø÷ äîôìú (ùí ãó ëä:)
Explanation #2 (cont.): The case where this would make a difference according to Rebbi Meir is where the animal born with it is male. If it would be female (which causes the mother to have the longest amount of days of impurity), there would be no difference regarding whether or not the placenta tells us to suspect another birth (as she already has the longest amount of impurity) unless one came out before sunset and one came out after sunset, as stated in Nidah (25b).
àé ðîé é"ì ãàúéà îúðé' ëøáðï ãìà çùáéðà ìéä åìã åçåîø ùðé åìãåú äåé îùåí ùìéà âåôä åìà îùåí áäîä åðåúðéï ìä çåîø æëø åð÷áä
Observation: Alternatively, we could explain that the Mishnah is according to the Rabbanan that an animal etc. is not a birth. The Beraisa says, "the stringency of two births" because of the placenta, not because of the animal. The woman must act stringently (in all aspects of this law), as if she had either a male or a female.
åîéäå àé ëøáðï àúéà äåä ìéä ìîéîø úùá ìæëø åìð÷áä åìðãä ãùîà àéï ëàï åìã àçã
Implied Question: However, if this indeed is according to the Rabbanan, it should have said, "she should sit (i.e. have days of impurity) for a male, female, and as if she was a Nidah" as perhaps she only had one child (as opposed to saying we give her "the stringency of two births").
åìôéøåù ä÷åðèøñ àúé ùôéø äà ãìà ÷àîø åìðãä ãäééðå çåîø ùðé åìãåú ã÷àîø
Observation: According to Rashi it is understood why we did not say, "and as if she was a Nidah," as this part of the stringency of two births.
åà"ú ìôé îä ùôéøù ãð÷è áäîä åçéä ãå÷à àáì äôéìä ðôì ìà çééùéðï ìåìã àçø ëéåï ãéìãä ëé àåøçà äà îúðé' éìãä ëé àåøçà åçééùéðï áàéðä ÷ùåøä ìåìã àçø
Question: According to the explanation earlier (in our previous Tosfos) that the Beraisa is specifically discussing animals, as regarding a Neifel we would not suspect that the placenta indicates another birth being that the birth of a Neifel occurred normally, our Mishnah is also discussing a case of a normal birth and yet we still suspect that if the fetus is not connected to the placenta that there is another birth!
åîàé ñééòúà îééúé ìø' àìòæø àãøáä ÷ùéà ìéä îäê áøééúà ãð÷è çéä åòåó ãåå÷à åñééòúà ìø' éåçðï
Question (cont.): What proof is there from here to Rebbi Elazar? On the contrary, the Beraisa should be a question on him being that it specifically discusses an animal and bird! (This indicates that if it would be a person, we would not differentiate between the placenta being connected to the child or not, as Rebbi Elazar indeed differentiates regarding a Neifel in our Mishnah!) It should be a proof to Rebbi Yochanan!
åé"ì ãàéï äãáø úìåé áëé àåøçéä àìà ôùéèà ìéä ìîñãø äù"ñ ãáöåøú äàãí úìåé äèòí ùøâéìä ùìéúä ìäúòëá àáì àçø áäîä åçéä åòåó ìà ùðà áîòé àùä åìà ùðà áîòé áäîä àéï äùìéà øâéìä ìäôøã îï äåìã àôé' éìãä äáäîä áø ÷ééîà
Answer: The determining factor is not a normal birth. Rather, it is obvious to the Gemara that it is normal for a human's placenta to delay coming out. However, regarding an animal or bird, whether it comes out of a woman or an animal the placenta does not usually detach itself from the fetus. This is even when the animal has a fetus that will live (normally) after birth.
åà"ú ãäëà ÷úðé ùîà ðéîåç îùîò ãñô÷à äåà åà"ë àîàé àñåøä äùìéà áàëéìä ëùéöúä î÷öúä åéù òîä åìã
Question: Our Beraisa states that perhaps the fetus was squashed. This indicates that we are unsure whether or not this is the case. Why, then, should the placenta be forbidden to be eaten when some of it is "born" and there is a child along with it?
åäà ñô÷ ñôé÷à äåà ùîà àéï ëàï åìã àçø åàôé' àú"ì éù ëàï ùîà àéï áàåúå î÷öú øåáà åìã
Question (cont.): This should be a Sfeik Sfeika (double doubt causing it to be permitted)! Perhaps the placenta does not indicate another birth. Even if it does, perhaps the small part of the placenta that went out did not contain most of the stillborn!
åáñô"÷ ãááà ÷îà (ãó éà.) îùîò ãáñô÷ ñô÷à ùøé ããéé÷éðï îéðéä ãàéï î÷öú ùìéà áìà åìã äà éù î÷öú ùìéà áìà åìã äåä ìéä ìîùøé îñô÷ ñôé÷à
Question (cont.): In Bava Kama (11a), the Gemara implies that a Sfeik Sfeika would indeed permit eating the placenta. We deduce there from the statement, "There is no placenta with a fetus" that there can be a slight amount of placenta without a fetus. This indicates that we should permit it therefore due to this Sfeik Sfeika.
åé"ì ãááøééúà ã÷úðé ùîà äééðå áùìéà äáàä àçø äåìã åìòéì àééøé áùìéà äáàä ÷åãí åìã
Answer #1: The Beraisa that says that "perhaps" is referring to a placenta that came out after the fetus. The Mishnah is discussing a placenta that came out before the fetus.
àé ðîé àñåøä áàëéìä îùåí ãâæøéðï î÷öúä àèå øåáà ëãîñé÷ áá"÷
Answer #2: Alternatively, it is forbidden to be eaten because we decree that a minor part of it is forbidden due to most of it being forbidden, as we conclude in Bava Kama (ibid.).
TOSFOS DH SEMOCH
úåñôåú ã"ä ñîåê
(SUMMARY: Tosfos explains that our Gemara's case is not relative to an animal that might be having a Bechor.)
åäà ãúðï áô"â ãáëåøåú (ãó ëà:) áäîä âñä ùùôòä çøøú ãí äøé æä ú÷áø åðôèøä îï äáëåøä åìà àîøéðï éùìéëðä ìëìáéí îäàé èòîà ãäëà
Implied Question: The Mishnah in Bechoros (21b) states that if a cake of blood came out of a large animal, it should be buried and the animal is exempt from its next offspring having the status of a Bechor. We do not say that this cake should be thrown to the dogs for the reason that we state in our Gemara that it should be thrown to the dogs. (Why not?)
ãäúí ìà àîøéðï ú÷áø àìà ëãé ìôøñí ãðôèøä îï äáëåøä ëãàîø äúí
Answer: We only say that the cake should be buried there in order to publicize that the animal has been exempted from its next offspring being a Bechor, as stated in the Gemara there.
åîä ùàéï ãåçä ìåîø ùí ëï àìà îùåí ÷åùéà ãôøéê àø' çééà ãàîø åëé îàçø ãàéðä îèîàä áîâò åáîùà àîàé ú÷áø åîùðé ëãé ìôøñîä ëå'
Implied Question: The Gemara there only gives this answer due to the question asked there on Rebbi Chiya who says, "Being that it does not cause impurity by it being touched or carried, why should it be buried?" The Gemara answers, "in order to publicize etc." (It seems as if the Gemara would not have otherwise come to our conclusion.)
áìàå äëé ðîé äéä öøéê ìèòí ôøñåí àìà ãàãøáé çééà ìà ðéçà ìéä ëì ëê ùú÷áø îèòí ôøñåí ëéåï ãàôéìå éìãä ãáø ä÷ãåù ìà áòé ÷áåøä îùåí ãáèì
Answer: It would have come to this conclusion that the reason is to publicize etc. in any event. However, Rebbi Chiya apparently is not pleased with this reason, being that even if it did give birth to something that should be considered holy (i.e. a Bechor) it would not require burial being that it is nullified.
TOSFOS DH RUBA
úåñôåú ã"ä øåáà
(SUMMARY: Tosfos explains why our Gemara insists that most, not all, offspring of Mukdashim are buried.)
îùåí ãàéëà ðãîä ãìà ÷ãéù ÷àîø øåáà åìà ëåìä
Explanation: Being that a "Nidmeh" (an animal that does not look the same type of animal as its parents) cannot be considered holy our Gemara says, "most" not "all."
åà"ú åäà áåìã ÷ãùéí äëì ÷ãåù ëãîåëç áúîåøä áñåó ôø÷ (ëì ä÷øáðåú) (ãó éæ.) ã÷àîø àáì ëìàéí èåîèåí åàðãøåâéðåñ àé àúä îåöà àìà áåìãåú ÷ãùéí àìîà ëìàéí äðåìã îáäîä ÷ãåùä ÷ãéù
Question: Offspring of Kodshim are always considered holy, as is apparent from Temurah (17a)! The Gemara in Temurah (ibid.) says that one only finds Kilayim, a Tumtum, or Androginus as an offspring of Kodshim. This indicates that Kilayim (offspring from two different types of animals) that was born from an animal dedicated as a Korban is holy. Kal v'Chomer an animal that is a Nidmeh should be considered holy!
åë"ù ðãîä ëãîåëç áîøåáä (á"÷ òç.) ã÷àîø äùúà ëìàéí îøáä ìéä ðãîä îáòéà
Proof: This is as indicated by the Gemara in Bava Kama (78a) when it says, "Now that Kilayim are included, there is no question about a Nidmeh!"
åé"ì ãñåâéà ãäúí ëîàï ãàîø åìãåú ÷ãùéí áîòé àîï äï ÷ãåùéí åäëà ìîàï ãàîø áäåéúï äï ÷ãåùéí
Answer: The Gemara there is according to the opinion that offspring of Kodshim are holy in their mother's womb. Our Gemara does not agree with that opinion.
åäà ãðôì ÷ãåù äëà
Implied Question: Our Gemara understands a Neifel is holy (can be deemed a Bechor, despite the fact that when it comes out it will not survive).
äééðå îùåí ãéìôéðï îáëåø ã÷ãåù ááëåøä ëããøùéðï áëøéúåú îãëúéá ùâø
Answer #1: This is because we derive from a Bechor of an animal that it is considered holy when it comes out of the animal, as we derive in Kerisus (should read Bechoros 3a) from the Pasuk "Sheger" - "send (i.e. it was sent out of its mother)."
àé ðîé àôéìå ìîàï ãàîø áîòé àîï äï ÷ãåùéí ð÷è äëà øåáà îùåí ãàéëà ãîåú ãéåðä ãìà ÷ãéù [åò' äéèá úåñôåú æáçéí ôã: áã"ä åîåöéà åòåã ùí ÷éã. ñã"ä å÷ñáø]
Answer #2: Alternatively, even the opinion that offspring of Kodshim animals are holy in the womb will hold here that only most animals should be buried, being that there is offspring of an animal that looks like a pigeon which indeed will not be holy. [Analyze Tosfos in Zevachim 84b, DH "u'Motzi" 114a DH "v'ka'Savar."]