TOSFOS DH CHUTZ
úåñôåú ã"ä çåõ
(SUMMARY: Tosfos explains why the sale is valid despite his reneging on the condition.)
åà"ú ëé à"ì ò"î ãàîøéðï ðåúðï ìëì ëäï ùéøöä à"ë äî÷ç áèì ùìà ðúï ìå äáäîä àìà ò"î ùéäéå äîúðåú ùìå
Question: When he says "on condition" and we say that he may give them to the Kohen of his choice, this should mean that the transaction is invalid, as he only gave him the animal on condition that the Matanos will be his!
åé"ì ãîééøé ùäúðå ùéäéå äîúðåú ùìå åàí ìà éúï ìå ìà éäéä äî÷ç áèì
Answer #1: The case is where they made a condition that the Matanos should be his, and that even so if he does not give it to him, the transaction will not become invalid.
àé ðîé äåé ëîå îúðä òì îä ùëúåá áúåøä ùäøùúå úåøä ìéúðí ìëì îé ùéøöä
Answer #2: Alternatively, it is like a condition against the Torah (and therefore the condition is invalid while the sale remains valid), as the Torah allowed him to give it to the Kohen of his choice.
TOSFOS DH D'MAR
úåñôåú ã"ä ãîø
(SUMMARY: Tosfos explains the question and answer of our Gemara.)
àéï ìôøù ãøá àéú ìéä ãøá çñãà åòí äøàùåï ã÷àîø øá äééðå àôé' òí äøàùåï
Observation: One cannot explain that Rav holds like Rav Chisda, and when he says, "with the first one" he means even with the first one.
ãà"ë ìøá àñé äãéï òí äùðé åìà òí äøàùåï áâæì åìà ðúééàùå äáòìéí åáà àçø åàëìå
Question: If this is correct, according to Rav Asi he could only claim from the second one and not the first one in a case where a person stole and the owner did not have Yiush, and then another person came and ate it.
ãäà ìéëà îàï ãôìéâ ùìà éåëì ìâáåú îï äøàùåï äâåæì åáàçø ùàëìå äåà ãàéëà ãìéú ìéä ãøá çñãà
Question (cont.): Nobody holds that he cannot collect from the first person who stole and that one can only collect from the one who ate it, because they do not agree with Rav Chisda.
àìà éù ìôøù àéôëà ãøá ìéú ìéä ãøá çñãà ãäãéï ãå÷à òí äèáç åøá àñé àéú ìéä ãøá çñãà åäãéï àó òí äìå÷ç
Explanation: Rather, the opposite is correct. Rav does not agree with Rav Chisda, as he holds that the Kohen must only deal with the butcher. Rav Asi agrees with Rav Chisda that he can deal with either one.
åãçé ãë"ò àéú ìäå ãøá çñãà åáîúðåú ëäåðä ðâæìåú ÷à îéôìâé ãøá ñáø ðâæìåú åäãéï òí äèáç äééðå àó òí äèáç ëøá çñãà åøá àñé ñáø ãäãéï ãåå÷à òí äìå÷ç ìôé ùäîúðåú àéï ðâæìåú åäåé àéôëà îîàé ãäåä áòé ìîéîø îòé÷øà
Explanation (cont.): The Gemara pushes this aside by saying that everyone agrees with Rav Chisda. The argument is regarding whether Matnos Kehunah can be stolen. Rav holds they can as per the opinion of Rav Chisda, and therefore his issue is with the butcher, meaning even with the butcher. Rav Asi holds that his claim is specifically from the buyer since the Matanos are not in fact stolen. This is the opposite of what the Gemara originally thought.
åúéîä ãáîàé ÷à îééøé àé áùàéï îúðåú áòéï äà àîøéðï áøéù ôéø÷éï ãîæé÷ îúðåú ëäåðä àå àëìï ôèåø
Question: This is difficult, as what is the case? If the Matanos are not extant, we said in the beginning of the chapter that one who damages Matnos Kehunah or eats them is exempt!
åàí äí áòéï äéëé ÷àîø ãáãøá çñãà ÷à îéôìâé äà îùîò áøéù äâåæì áúøà (á"÷ ãó ÷éà:) ãäéëà ãäí áòéï ìéëà îàï ãôìéâ àãøá çñãà àìà ãåå÷à ëùàëìï ãúðé øáé àåùòéà äâåæì åîàëéì àú áðéå ôèåøéï îìùìí äðéç ìôðéäï âæìä ÷ééîú çééáéí ìùìí àéï âæìä ÷ééîú ôèåøéï ëå'
Question (cont.): If they are extant, how can the Gemara say that they argue regarding Rav Chisda's law? The Gemara implies in Bava Kama (111b) that where they are extant, nobody argues on Rav Chisda! This only applies when they were eaten, as Rebbi Oshiya states that if someone steals and feeds his children, the children do not have to pay. If he put what he stole in front of them and they ate it, they must pay. If what was stolen is no longer extant, they do not have to pay etc.
åôøéê ìéîà úäåé úéåáúà ãøá çñãà îùîò ãìîàï ãôìéâ òìéä àúé ùôéø ããå÷à àéï âæéìä ÷ééîú ôèåøéí àáì áâæìä ÷ééîú çééáéí ìùìí åö"ò
Question (cont.): The Gemara (ibid.) asks, this should be a strong question on Rav Chisda's law! This implies that there is no question on whoever argues on Rav Chisda's law, as they are only exempt when what was stolen is no longer extant. However, if what was stolen is extant, they are obligated to pay! This requires further study.
TOSFOS DH U'REMINHI
úåñôåú ã"ä åøîéðäé
(SUMMARY: Tosfos explains that Reish Lakish is also asking his question from the opinion of the Rabbanan in the Mishnah.)
îøáðï ðîé ôøéê ãìà ôìéâé øáðï àìà îùåí ãñáøé ãúçúåðéí åãàé ðîìéí ëðñåí äéìëê äí ùì áòä"á äà àí äéå ñô÷ äéå îåãéí ãäåé ì÷è ëîå òìéåðéí ùñô÷ ì÷è ì÷è
Explanation: The question of Reish Lakish is from the opinion of the Rabbanan as well. The Rabbanan only argue because they understand that the ants certainly gathered whatever is there. This is why that grain belongs to the landowner. This implies that if it would be unclear how the grain got there, they would agree that it is Leket just like what is on top, as possible Leket is ruled to be Leket.
134b----------------------------------------134b
TOSFOS DH REISHIS
úåñôåú ã"ä øàùéú
(SUMMARY: Tosfos asks how the opinion that says an animal is Tevel before Matanos are taken off can be reconciled with Rebbi Chiya's statement.)
úéîä ìîàï ãàéú ìéä ìòéì (ãó ÷ìá:) ãîúðåú èáìé ìéúðé ðîé îúðåú ìçéåá ÷åãí ùäåøîå åìôèåø àçø ùäåøîå äîúðåú ãäåå ùìå ëé äéëé ãúðé ááëåø áäîä èîàä ìçéåá åìôèåø
Question: This is difficult according to the opinion earlier (132b) that says that before one takes Matanos the meat is Tevel. It should also say that one must be stringent in a doubt regarding Matanos before the Matanos were taken, and he can be lenient after the Matanos were taken as it is now his! This is just as it lists the firstborn of an impure animal (i.e. donkey) as both a case where one must be stringent and where one may be lenient.
TOSFOS DH PIKAH
úåñôåú ã"ä ôé÷ä
(SUMMARY: Tosfos explains the definition of "Pikah" in our Mishnah.)
äéà èáòú äâãåìä ùòùåéä òâåìä ëôé÷ä
Explanation: It is the round ring (of tissue surrounding the trachea, known in anatomy as the cricoid cartilage), which is round like a type of weight (used in knitting).
TOSFOS DH HA'ZEROA
úåñôåú ã"ä äæøåò
(SUMMARY: Tosfos differentiates between Gid ha'Nasheh and Matanos.)
àôéìå ìøáðï ããøùé ôø÷ âéã äðùä (ìòéì ãó öå:) äéøê ãôùéè àéñåøéä áëåìéä éøê äëà îåãå ãìà ùééê ìîãøù äëé
Explanation: Even the Rabbanan who derive (96b) from "the thigh" that the prohibition spreads through the entire thigh will agree that one cannot make the same derivation here.
TOSFOS DH DORSHEI
úåñôåú ã"ä ãåøùé
(SUMMARY: Tosfos defines the word "Chamuros" in our Gemara's context.)
ôéøù áòøåê áùí øá ñòãéä âàåï ëîéï äîòùä ãáìùåï àøîé îäå çîøê îä îòùéê
Explanation: The Aruch explains in the name of Rav Saadyah Gaon that this means one who is making something, as in Aramaic the question "What is Chamorcha?" means "What do you do?"