1)

CHILUL B'MEZID

(a)

(Mishnah #1): If an animal was found (in any direction) outside Yerushalayim, no further than the distance from Yerushalayim to Migdal Eder, if it is a male, it is (treated as) an Olah. If it is a female, it is (treated as) a Shelamim.

(b)

Question: A male could also be a Shelamim!

(c)

Answer #1 (R. Oshaya): The case is, the finder accepts on himself to bring the Korban that the one who lost the animal needed to bring;

1.

The Mishnah means that if it is a male, we are also concerned lest it is an Olah.

2.

The Mishnah is like R. Meir, who says that one can be Mechalel Kedushas ha'Guf (something used for Avodah in the Mikdash) b'Mezid.

(d)

Question: Kedushas ha'Guf cannot become profaned!

1.

(Mishnah #2): The only case of transgressing Me'ilah repeatedly with the same item is with a Korban or Kli Shares (they are never profaned as long as can be used for Avodah).

2.

If Reuven rode on a Korban, then Shimon, and then Levi, all transgressed Me'ilah;

3.

If they all drank from a gold Kli Shares, all transgressed Me'ilah.

(e)

Answer: Mishnah #2 is like Rebbi Yehudah. Mishnah #1 is like R. Meir.

(f)

Question: We can infer R. Meir's opinion from Rebbi Yehudah's!

1.

Rebbi Yehudah holds that Hekdesh is Mischalel b'Shogeg, but Kedushas ha'Guf is never Mischalel. R. Meir holds that Hekdesh is Mischalel b'Mezid, but presumably he agrees that Kedushas ha'Guf is never Mischalel!

(g)

Answer: Rebbi Yehudah said that Kedushas ha'Guf is never Mischalel, for he holds that Chilul is only b'Shogeg;

1.

R. Meir holds that Chilul applies when intends to do so. This can apply even to Kedushas ha'Guf!

(h)

Question (against R. Oshaya): Perhaps R. Meir holds that intent for Chilul helps for Kedushas Damim (something not used for Avodah; Hekdesh will sell it) and Kodshei Kodoshim (for these are totally Hash-m's);

1.

We have no source that he says so about Kodshim Kalim (e.g. Shelamim)!

(i)

Answer (R. Yakov): A Kal va'Chomer teaches that all the more so, Me'ilah applies to Kodshim Kalim!

1.

(Rav Chama bar Ukva): R. Meir holds that Me'ilah applies b'Mezid, but not b'Shogeg, both for Kodshei Kodoshim and Kodshim Kalim.

2.

A Kal va'Chomer teaches this. If Kodshei Kodoshim are profaned, all the more so Kodshim Kalim!

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

(j)

Objection (to R. Oshaya - R. Yochanan): Should one transgress b'Mezid (to profane the animal) to help the one who lost it?!

(k)

Answer #2 (R. Yochanan): Rather, the finder waits until the animal gets a blemish. He brings a male and a second animal, and stipulates. (If the lost animal was an Olah, it is redeemed onto the first animal, and the second animal is a voluntary Shelamim. If the lost animal was a Shelamim, it is redeemed onto the second animal, and the first animal is a voluntary Olah.)

2)

POSSIBILITIES FOR A MALE

(a)

(Mishnah): If a male is found, (we are concerned lest) it is an Olah.

(b)

Question: Perhaps it is a Todah!

(c)

Answer: Indeed, he brings also a Todah.

(d)

Question: Loaves must be brought with a Todah!

(e)

Answer: Indeed, he brings also loaves.

(f)

Question: Perhaps it is a Korban Asham!

(g)

Answer: (Most) Ashamos must be two years old. The case is, (we can tell that) a yearling animal was found.

(h)

Question: Perhaps it is an Asham of a Metzora or a (Tamei) Nazir (which are yearlings)!

(i)

Answer: Those are rare. We are not concerned lest the animal was one of them.

(j)

Question: Perhaps it was a Korban Pesach!

(k)

Answer: People are careful with the Korban Pesach before Pesach (they would not lose it);

1.

After Pesach, it becomes a Shelamim (and we are concerned for this)!

(l)

Question: Perhaps it is a Bechor, or Ma'aser Beheimah!

(m)

Answer: Bechor or Ma'aser Beheimah is not redeemed. After it gets a Mum, it is eaten with restrictions (one may not sell it in the market, or weigh it). These restrictions apply to (a blemished Korban that was redeemed, and hence to) the found animal!

3)

POSSIBILITIES FOR A FEMALE

(a)

(Mishnah): If it is a female, (we are concerned lest) it is a Shelamim.

(b)

Question: Perhaps it is a Todah!

(c)

Answer: Indeed, one also brings a Todah.

(d)

Question: Loaves must be brought with a Todah!

(e)

Answer: Indeed, he brings also loaves.

(f)

Question: Perhaps it is a Chatas!

(g)

Answer: A Chatas is at most one year old. The case is, (we can tell that) the animal found was more than a year old.

(h)

Question: Perhaps it is a Chatas that was not offered within its first year!

(i)

Answer: That is rare. We are not concerned for it.

(j)

Question: If a yearling (female) animal is found, what is the law?

(k)

Answer (Beraisa - Chananya ben Chachinai): (If one finds) a yearling female goat (or lamb, it) is a Chatas.

(l)

Objection: We cannot offer it. Perhaps it is not a Chatas!

(m)

Answer (Abaye): We are stringent, lest it is a Chatas. We lock it in a pen, and it dies on its own.

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