CAN BA'ALEI CHAYIM BECOME NIDACHIM?
(R. Elazar citing R. Oshaya): If an Ashir transgressed Tum'as Mikdash, and was Makdish a Kan (he wanted to bring a Korban Oni), since it is Nidcheh (disqualified, he cannot bring it now), it is (permanently) Nidcheh (even if he will become an Oni).
We learn three laws from this;
Dichuy applies to Kedushas Damim;
Ba'alei Chayim (living creatures) can be Nidachim;
Dichuy from the start is considered Dichuy. (Rashi - normally, a bird cannot have Kedushas Damim, for it cannot be redeemed! Here, since it was never fit for the Korban, it has Pidyon. Rosh (in Shitah) - it cannot be redeemed. Since it does not have Kedushas ha'Guf, it is called Kedushas Damim.)
Question (Rav Ukva bar Chama - Beraisa): If one was Makdish a female for (Korban) Pesach, it grazes until it gets a Mum. Its (redemption) money is used to buy (a valid) Pesach;
If it gave birth to a male, the child grazes until it gets a Mum. Its money is for Pesach;
R. Shimon says, the child itself is offered for Pesach.
Inference: (From R. Shimon) we learn that Ba'alei Chayim are not Nidachim, (If the mother were Nidcheh, her child would be Nidcheh. Rosh - we are thinking that in this case, Chachamim say that Migo (since) the female gets Kedushas Damim, it gets Kedushas ha'Guf, and R. Shimon does not say this Migo. Birds have no Kedushas Damim, Chachamim agree that they do not get Kedushas ha'Guf. We have no source to say that they argue and say that Ba'alei Chayim are Nidachim in such a case.)
Answer (Bei R. Oshaya): We know that R. Shimon holds that Ba'alei Chayim Ein Nidachim (even when they have Kedushas ha'Guf) and the lottery (of the goats of Yom Kipur) is not Me'akev. Our law is like Chachamim (of the above Beraisa, or in many Mishnayos, who say that Ba'alei Chayim (with Kedushas ha'Guf) are Nidachim):
(Beraisa - R. Shimon): If one of the goats died, we take a replacement for it. We do not need a new lottery.
SPECIFYING A KAN
(Rav Chisda): A Kan becomes Mefurash (specified, which bird is the Chatas and which is the Olah) only at the time the owner bought it, or (if he did not specify at the time) when the Kohen offers it.
(Rav Simi Bar Ashi): He learns from "v'Lokchah Shtei Sorim... " and "v'Osah ha'Kohen... " (Both verses say that one is for Chatas, and one is for Olah.) The owner decides which is for which at the time of purchase, or the Kohen decides at the time of Hakravah.
Question (Beraisa): "V'Asahu Chatas" - the Goral (lottery) fixes one of the two goats of Yom Kipur to be a Chatas, but Shem (calling it a Chatas) does not (and the Kohen does not. The Kal va'Chomer does not address the Kohen making it a Chatas, e.g. through Avodah. There is no mention of the Kohen in this Beraisa in Kidushin and in Chulin, nor in the Meforshim, apparently this should be deleted.)
One might have made a Kal va'Chomer. Shem causes a bird to be a Chatas, but Goral does not. Goral causes a goat to be a Chatas, all the more so Shem should work!
The verse teaches that this is not so.
Summation of question: Presumably, the case of Shem is like that of Goral. It is not at the time of purchase, nor at the time of Hakravah!
Answer (Rava): It means that Goral does not work for birds even at the time of purchase or Hakravah, but Shem works at these times. Goral works for goats not at the time of purchase or Hakravah, all the more so Shem should work at these times!
The verse teaches that this is not so.
Question (Beraisa): If an Oni transgressed Tum'as Mikdash, and was Makdish money for a Kan, and became rich, and (later - Shitah deletes this) said "these coins are for my Chatas (ha'Of), and these are for my Olah," he adds to the Chatas money to buy an animal. He may not use the Olah money.
Here, his Perush was not at the time of Hekdesh or Hakravah, and he may use only the Chatas money! (This shows that his Perush took effect.)
Objection (Rav Sheshes): The Beraisa is mistaken. It says (or implies) that he was Mefaresh after he became rich, but R. Elazar taught in the name of R. Oshaya that if an Ashir brought a Korban Oni for Tum'as Mikdash, he was not Yotzei. (Therefore, surely, an Ashir cannot be Mefaresh.)
Correction (Rav Sheshes): The Beraisa should say that he was Mefaresh while he was still poor.
Answer #1 (Rav Sheshes): (Since in any case we must fix the Beraisa,) we fix it to say that he was Mefaresh at the time of Hekdesh.
Question: R. Chana said that R. Oshaya taught that if an Ashir brought a Korban Oni for Tum'as Mikdash, he was Yotzei (just like our text of the Beraisa). How can he answer?
Answer #2 (text of Bach): Instead of "(he was Makdish, became rich,) and then said... ," it should say "(he became rich,) and later was Makdish and said... ."
Question (Beraisa): If a Metzora Oni brought a Korban Ashir, he was Yotzei. If a Metzora Ashir brought a Korban Oni, he was not Yotzei.
(Presumably, the same applies to every Oleh v'Yored,) This refutes R. Chana!
Answer: Metzora is different, for it says "Zos". (An Ashir must bring this).
Question: If so, also a Metzora Oni who brought a Korban Ashir should not be Yotzei!
Answer: "Toras" includes this:
(Beraisa): "Toras" teaches that if a Metzora Oni brought Korban Ashir, he is Yotzei.
Suggestion: Perhaps if a Metzora Ashir brought Korban Oni, he was Yotzei!
Rejection: "Zos" excludes this.
Question: We should learn from Metzora (that if an Ashir brought Korban Oni for any Oleh v'Yored, he was not Yotzei)!
Answer: "V'Im Dal Hu v'Ein Yado Maseges" teaches that a Metzora Ashir is not Yotzei with Korban Oni, but an Ashir who transgressed Tum'as Mikdash is Yotzei with Korban Oni.
PAIRS THAT ARE REALLY EQUAL
(Mishnah - R. Shimon) Suggestion: The Torah (almost) always mentions lambs before. Perhaps this is because lambs are preferable!
Rejection: "(V'Hevi Korbano Se'iras Izim... ;) v'Im Keves Yavi Korbano l'Chatas" (in one place the Torah mentions goats first. This) teaches that they are equal.
Suggestion: The Torah (almost) always mentions Torim (Turim) before Yonim (doves). Perhaps this is because Torim are preferable!
Rejection: "Yonah Oh Sor l'Chatas" teaches that they are equal.
Suggestion: The Torah (almost) always mentions the father before the mother. Perhaps the Mitzvah to honor a father is greater than the Mitzvah to honor a mother!
Rejection: "Ish Imo v'Aviv Tira'u" teaches that these Mitzvos are equal (regarding their reward);
However, Chachamim taught that the Mitzvah to honor a father takes precedence (if she is still married to him), because also she is obligated to honor him.
The same applies to learning Torah. If a son succeeded to learn from a Rebbi (Rambam - most of his Chachmah is from the Rebbi), his Rebbi has precedence (to return his lost object, to redeem him, to help him unload) over the father, because also the father must honor the Rebbi.
(Gemara - Beraisa): The Azarah cried out four times:
It screamed to expel Chofni and Pinchus, the sons of Eli, for they polluted the Heichal (through their sins);
It screamed for the gates to rise to allow Yochanan ben Nadvoi to enter and eat Kodshim;
He used to eat four Sa'im (almost 50 liters) of birds for dessert. (In Pesachim, the text reads 40 Sa'im. Rashi explains that he and his huge household consumed them);
All his days, there was never Nosar (leftover Kodshim) in the Azarah.
It screamed for the gates to rise to allow Elishama ben Pikai, a Talmid of Pinchas, to enter and serve as Kohen Gadol. (He was a Tzadik in a family of strongarms);
It screamed for the gates to rise to expel Yissachar of Kefar Barkai, who honored himself and disgraced Kodshim.
Question: What did Yissachar do?
Answer: He would wrap his hands in silk during the Avodah (so they will not get dirty. This is a disgrace to the Avodah, and is a Chatzitzah that invalidates the Avodah.)
Question: What was his punishment?
Answer: The king Yanai and the queen were debating which are better, sheep or goats. They called Yissachar. Since he offers them every day, he should be an expert!
Yisachar: If goats were better, they would be brought for the Tamid! He condescendingly waved his hand while saying this.
Yanai: Since he waved his hand, his right hand will be cut off!
Yissachar bribed the officer (commanded to cut off his hand) to cut off the left hand instead. When Yanai found out, he ordered to cut off also his right hand.
Rav Yosef: Blessed is Hash-m, who gave Yisachar proper recompense (in this world)!
Rav Ashi: Didn't Yisachar know our Mishnah?!
(Mishnah) Suggestion: Perhaps lambs are (almost) always mentioned before goats because they are preferable!
Rejection: .".. V'Im Keves Yavi" teaches that they are equal.
Ravina: He did not know even Chumash! It says "Im Kesev... ; Im Ez" (our text - regarding Shelamim, the Torah shows no preference for either; Rashi's text - "v'Im Keves Yavi... ")
(R. Elazar): Chachamim increase Shalom in the world - "v'Chol Banayich Limudei Hash-m v'Rav Shelom Banayich";
We read Banayich (your children) like 'Bonyaich' (your builders, i.e. Chachamim).