TOSFOS DH KIVAN
úåñôåú ã"ä ëéåï
(SUMMARY: Tosfos proves from our Gemara that if a goose or chicken runs away from its owner it is considered ownerless.)
ùîòéðï îäëà ãàååæéí åúøðâåìéí ùì çåìéï ùîøãå ááòìéäí åäìëå ìäï äåå äô÷ø åäîçæé÷ áäï æëä
Observation: We see from here that Chulin geese and chickens that rebel against their owner by running away are considered ownerless, and whoever takes them acquires them.
ãäà äëà äééðå èòîà ëéåï ãîøãå äåå äô÷ø åçééáéï áùìåç
Proof: This apparent from here, as the reason they are ownerless and are obligated in being sent away is because they rebelled (and ran away).
TOSFOS DH DAVKA MES
úåñôåú ã"ä ãå÷à îú
(SUMMARY: Tosfos notes that "dies" and "falls" does not have to be the case.)
ìàå ãå÷à ð÷è îú ãäà ùåø àôéìå ðâðá àå ðàáã ðîé çééá áàçøéåúå ùäåà ÷ãùé äîæáç åìøáé éåçðï ðôì ðîé ìàå ãå÷à
Observation: The Mishnah does not mean that the ox necessarily died, as the person is obligated to replace the ox even if it was stolen or it went lost since it is Kodshei Mizbe'ach. Similarly, according to Rebbi Yochanan, the house did not necessarily fall.
TOSFOS DH LEFI SHE'MATZINU
úåñôåú ã"ä ìôé ùîöéðå
(SUMMARY: Tosfos asks why Rebbi Nasan entertained that Erchin is the same as Hekdesh that is redeemed onto money.)
úéîä áàéæä ä÷ãù îééøé àé ãàîø äøé æä îàé àéøéà ãð÷è ìàçø ùðúçììå àôéìå ä÷ãù òöîå ðâðá àå ðàáã àéï çééá áàçøéåúå
Question: This is difficult. Which type of Hekdesh is this referring to? If he said, "This should be" why is the case after the items were redeemed onto money? One is not even responsible for Hekdesh itself (dedicated in this fashion) that is stolen or lost!
àìà òì ëøçê ãàîø òìé àó òì âá ãáä÷ãù âåôéä çééá áàçøéåúå ëéåï ùðúçìì àéðå çééá áàçøéåú äîòåú åàí ëï îä ÷àîø éëåì àó æä ëï äéàê ãåîä òøê ìä÷ãù ùðúçìì
Question (cont.): Rather, it must be referring to where he said, "It is upon me" even though one is responsible for such Hekdesh. However, once it is redeemed onto money he is not responsible for it. If so, why does Rebbi Nasan say, "One might think the same is true regarding this?" How can Erchin be compared to Hekdesh that is redeemed?
139b----------------------------------------139b
TOSFOS DH SHE'KISUY
úåñôåú ã"ä ùëñåé
(SUMMARY: Tosfos asks why the Mishnah did not state an obvious difference between Kisuy ha'Dam and Shiluach ha'Ken. )
úéîä àîàé ìà úðé ùëñåé äãí ðåäâ áæëøéí åð÷áåú åùìåç ä÷ï àéðå ðåäâ àìà áð÷áåú
Question: This is difficult. Why doesn't the Mishnah say that Kisuy ha'Dam applies to male and females, while Shiluach ha'Ken only applies to females?
TOSFOS DH B'DERECH
úåñôåú ã"ä áãøê
(SUMMARY: Tosfos discusses the inclusion of a nest at sea and the exclusion of a nest in the air.)
åà"ú àîàé àéöèøéê øéáåéà ì÷ï ùáéí ãàé îùåí ãëúéá òì äàøõ à"ë ìà ìéëúåá áãøê åìùúå÷ îòì äàøõ
Question: Why do we need a Pasuk to include a nest in the sea? If it is because the Pasuk says, "on the land" it simply should not say "on the way" nor "on the land!"
åîéäå òì äàøõ àéöèøéê ìîòåèé ðùø áùîéí
Answer: However, "on the land" is needed to exclude an eagle (carrying a nest while flying) in the heavens.
àáì ÷ùä ãà"ë îàé ôøéê áñîåê îöà ÷ï áùîéí äëé ðîé ãîçééá åîàé ÷åùéà äà ëúéá òì äàøõ
Question: However, this is difficult. If so, what is the Gemara's question later that if one finds a nest in the heavens he should be obligated in Shiluach ha'Ken? The Pasuk says "on the land!"
åðøàä ãôøéê ã÷ï áùîéí ðçééá îáãøê åîòì äàøõ ðîòè ùáéí áîä øàéú
Answer: It seems that the question is that a nest in the heavens should be obligated in Shiluach due to "on the way," and we should exclude a nest in the sea from "on the land." Why choose to do the opposite (exclude in the heavens and include in the sea)?
TOSFOS DH TA SHEMA
úåñôåú ã"ä úà ùîò
(SUMMARY: Tosfos proves that all other Pesukim with the word "bird" do not refer to non kosher birds.)
åà"ú åäà ëúéá (úäìéí éà) àéê úàîøå ìðôùé ðåãé äøëí öôåø
Question: Doesn't the Pasuk say, "How can they say to my soul that your mountain is flying away like a bird?" (This implies that a "Tzipor" can even refer to a non kosher bird!)
é"ì ãôùéèà ããåã ìòåó èäåø äéä îãîä òöîå åëï (ùí ÷ëã) ëöôåø ðîìèä îôç éå÷ùéí (éùòéä ìà) ëöôøéí òôåú
Answer: It is obvious that Dovid ha'Melech must have compared himself to a kosher bird. This is similar to the Pesukim "like a bird running from a trap of hunters" and "like birds flying away." (They must be referring to kosher birds, as they are referring to good people).
åà"ú åäà ëúéá (úäìéí ôã) âí öôåø îöàä áéú ãàééøé ðîé áèîà ãàèå èäåø îöà èîà ìà îöà
Question: Doesn't the Pasuk say, "Even a bird found a home?" This is referring to a non kosher bird as well, as why would we say that a kosher bird found a home but a non kosher bird did not?
åîéäå àôùø ãîééøé áèäåø ëãîåëç ñéôà ã÷øà ãëúéá åãøåø ÷ï ìä åöôåø ãøåø äéà èäåøä ëãîåëç áàìå èøéôåú (ìòéì ãó ñá.)
Answer: However, it is possible that this is referring to a kosher bird, as is apparent from the second part of the Pasuk that states, "And a Dror has a nest." A Dror is a kosher bird, as is apparent from the Gemara earlier (62a).
åäà ãëúéá (úäìéí ÷ã) àùø ùí öôøéí é÷ððå çñéãä åâå'
Implied Question: The Pasuk states, "That there birds will nest, a Chasidah etc. (A Chasidah is a non kosher bird. Doesn't this indicate that bird can refer to a non kosher bird?)
àôùø ãáëìì çñéãä äí ëì äèîàéí åöôøéí äééðå èäåøä
Answer: It is possible that the Pasuk cites Chasidah as an example of all non kosher birds, and it cites "birds" in reference to kosher birds (but Chasidah is not included in "birds").