KIDUSHIN 56 (6 Kislev) - Dedicated in honor of the Yahrzeit of Eliezer ben Reb Shraga Feivel Marmorstein, by his nephew, Mr. David Kornfeld, who Mr. Marmorstein raised like his own child after the Holocaust.

1)

(a)The Beraisa forbids the purchase of an animal with the money of Ma'aser Sheni. To which location does this prohibition refer?

(b)What do we learn from the Pasuk in Re'eh "v'Tzarta ha'Kesef b'Yadcha ... "?

(c)What other reason might there be to explain the prohibition?

1)

(a)The Beraisa forbids the purchase of an animal with the money of Ma'aser Sheni outside Yerushalayim.

(b)We learn from the Pasuk in Re'eh "v'Tzarta ha'Kesef b'Yadcha" that Ma'aser Sheni money must be taken to Yerushalayim, and not used to purchase animals before one gets there.

(c)Alternatively, the prohibition is mid'Rabanan a decree in case the animal becomes weak as a result of the trip.

2)

(a)If one did purchase an animal with Ma'aser Sheni money b'Mezid, the Tana validates the transaction, and the animal is taken to Yerushalayim and eaten there. What does one do if he redeemed it b'Shogeg? What does 'b'Shogeg' mean in this context?

(b)How does Rebbi Yehudah qualify the Din regarding someone who redeemed the animal b'Mezid?

(c)If his intention is to transfer the money of Ma'aser Sheni to Chulin, then Rebbi Yehudah rules 'bein b'Shogeg, bein b'Mezid Yachzeru Damim li'Mekomam'. What is the reason for this in the case of ...

1. ... Shogeg?

2. ... Mezid?

(d)If he intends to transfer the Ma'aser money to Chulin, how can we say 'bein b'Shogeg ... '?

2)

(a)If one did purchase an animal with Ma'aser Sheni money b'Mezid, the Tana validates the transaction, and the animal is taken to Yerushalayim and eaten there. If he redeemed it b'Shogeg (without realizing that the money was money of Ma'aser Sheni), the money must be returned to the purchaser.

(b)Rebbi Yehudah qualifies the Din regarding someone who redeemed the animal b'Mezid by restricting it to where he expressly purchased the animal to bring as a Shelamim, but not if he redeemed it in order to transfer the money to Chulin.

(c)In the event that he did, then Rebbi Yehudah rules 'bein b'Shogeg, bein b'Mezid Yachzeru Damim li'Mekomam'. The reason for this in the case of ...

1. ... Shogeg is because it is a Mekach Ta'us (an invalid sale).

2. ... Mezid because we penalize the seller.

(d)If he intended to transfer the money of Ma'aser Sheni to Chulin, we could not say 'bein b'Shogeg ... '. However, when we say 'he intended ... ' we really mean that he deliberately purchased a Chulin animal (which automatically transfers the Ma'aser to Chulin).

3)

(a)How does Rebbi Elazar reconcile this Rebbi Yehudah ('Yachzeru Damim li'Mekomam'), with Rebbi Yehudah in our Mishnah, who says (regarding Ma'aser Sheni) 'be'Mezid Kidesh'?

(b)What does the Mishnah in Ma'aser Sheni say about purchasing a non-Kosher animal, Avadim or land with Ma'aser money? Is there any difference between whether he did it in Yerushalayim or outside?

(c)What happens if someone did so, in spite of the prohibition?

(d)Assuming that a regular woman does not know that Ma'aser Sheni does not go out to Chulin on account of her, any more than an ordinary person does not know that it does not go out to Chulin through a non-Kosher animal, Avadim or land - how do we adjust Rebbi Elazar's interpretation of 'be'Mezid Kidesh' in our Mishnah?

3)

(a)Rebbi Elazar reconciles this Rebbi Yehudah ('Yachzeru Damim li'Mekomam'), with Rebbi Yehudah in our Mishnah, who says (regarding Ma'aser Sheni) 'be'Mezid Kidesh' by suggesting that a woman knows that the money of Ma'aser Sheni does not go out to Chulin on account of her. Consequently, she is bound to take it to Yerushalayim and spend it there.

(b)The Mishnah in Ma'aser Sheni says that one may not purchase a non-Kosher animal, Avadim or land with the money of Ma'aser Sheni, even in Yerushalayim.

(c)If someone did so in spite of the prohibition he is obligated to designate the equivalent amount of money and transfer the Kedushah of the Ma'aser Sheni money (wherever it is) onto it.

(d)Assuming that a regular woman does not know that Ma'aser money does not go out to Chulin on account of her, any more than an ordinary person does not know that it does not go out to Chulin through a non-Kosher animal, Avadim or land, we adjust Rebbi Elazar's interpretation of 'be'Mezid Kidesh' in our Mishnah by establishing it by a woman who is the wife of a Talmid-Chacham, who does know.

4)

(a)The Mishnah in Ma'aser Sheni says 'Im Lakach, Yochal k'Negdan'. How does Shmuel establish the Mishnah, to explain why the Tana does not say 'Yachzeru Damim li'Mekomam', like the Tana of the Beraisa of 'Ein Lokchin Beheimah ... '?

(b)On what grounds do we object to the reasoning that (there where the seller did not flee) we penalize him (rather than the purchaser) on the grounds that 'It is not the mouse that steals, but the hole!'

(c)Then on what grounds do we penalize specifically the seller?

4)

(a)The Mishnah in Ma'aser Sheni says 'Im Lakach, Yochal k'Negdan'. To explain why the Tana does not say 'Yachzeru Damim li'Mekomam', like the Tana of the Beraisa of 'Ein Lokchin Beheimah ... ' Shmuel establishes the Mishnah when the seller fled together with the money.

(b)We object to the reasoning that (there where the seller did not flee) we penalize him (rather than the purchaser) because 'It is not the mouse that steals, but the hole!' on the grounds that if there was no mouse, what harm could the hole do?'

(c)We conclude that we penalize specifically the seller because we always penalize the person who is holding the Isur (which in this case, is the Ma'aser-Sheni money).

56b----------------------------------------56b

5)

(a)Our Mishnah states 'ha'Mekadesh b'Orlah, bi'Kil'ei ha'Kerem, b'Shor ha'Niskal ... 'Einah Mekudeshes'. What do all of these have in common?

(b)Why, if he sells them and betroths her with the money, is the betrothal valid?

(c)We learn the Isur Achilah of Orlah from the Pasuk in Kedoshim "Arelim Lo Ye'achel". What do we learn from "va'Araltem Orlaso"?

(d)What kind of Hana'ah does the Isur of Orlah incorporate?

5)

(a)Our Mishnah states 'ha'Mekadesh b'Orlah, bi'Kil'ei ha'Kerem, b'Shor ha'Niskal ... 'Einah Mekudeshes'. What all of these have in common is that they are all Isurei Hana'ah.

(b)If he sells them and betroths her with the money, the betrothal is valid because the Isur is not transferred to the money.

(c)We learn the Isur Achilah of Orlah from the Pasuk "Arelim Lo Ye'achel". From "va'Araltem Orlaso" we learn the Isur Hana'ah.

(d)The Isur Hana'ah of Orlah incorporates painting with dyes extracted from the shells of Orlah and using them as fuel.

6)

(a)How, by way of acronym, does Chizkiyah Darshen the Pasuk in Ki Setzei (written in connection with Orlah) "Pen Tikdash ha'Mele'ah"?

(b)On what grounds do we refute Rav Ashi's acronym 'Pen Yiheyeh Kodesh'?

6)

(a)Chizkiyah Darshens the Pasuk "Pen Tikdash ha'Mele'ah" by way of the acronym 'Pen Tukad Esh', to teaches us that Orlah is Asur b'Hana'ah.

(b)We refute Rav Ashi's acronym 'Pen Yiheyeh Kodesh' on the grounds that, if Orlah is derived from Hekdesh, the Isur should be transferable into money, whereas we learned in our Mishnah that it is not.

7)

(a)Seeing as it is obvious that a stoned ox is forbidden to eat, what do we learn from the Pasuk ...

1. ... "Lo Ye'achel Es Besaro"?

2. ... "u'Ba'al ha'Shor Naki"?

(b)How does Shimon ben Zoma, in a Beraisa, interpret this latter phrase?

7)

(a)Seeing as it is obvious that a stoned ox is forbidden to eat, we learn from the Pasuk ...

1. ... "Lo Ye'achel Es Besaro" that even if one Shechted it after Beis-Din ruled that it had to be stoned, it is forbidden to eat.

2. ... "u'Ba'al ha'Shor Naki" that it is Asur b'Hana'ah, too.

(b)Shimon ben Zoma, in a Beraisa, interpret this latter phrase 'like one person says to another "So and so went 'Naki" (clean) from his property, and has no benefit from it whatsoever'.

8)

(a)Rebbi Avahu Amar Rebbi Elazar says that "Lo Ye'achel, Lo Sochal and Lo Sochlu" (wherever they occur) incorporate an Isur Hana'ah. Based on this Derashah, how do we propose to establish "u'Ba'al ha'Shor Naki" differently than before?

(b)Had we accepted this proposal, we would use "u'Ba'al ha'Shor Naki" for something else (as we shall see shortly). But what would we gain by accepting it?

(c)How do we refute the proposal? Why would Rebbi Avahu's principle not apply in that case?

(d)Why is that? What should the Torah have written (or not have written), had it meant to forbid Hana'ah only?

8)

(a)Rebbi Avahu Amar Rebbi Elazar says that "Lo Ye'achel, Lo Sochal and Lo Sochlu" (wherever they occur) incorporate an Isur Hana'ah. Based on this Derashah, we propose to establish "u'Ba'al ha'Shor Naki" where the owner Shechted the ox after it was stoned (and was forbidden to eat anyway.

(b)Had we accepted this proposal, we would use "u'Ba'al ha'Shor Naki" for something else (as we shall see shortly). On the other hand we would extrapolate that had the animal been Shechted rather than stoned, it would be Mutar b'Hana'ah.

(c)We refute the proposal however, on the grounds that Rebbi Avahu's principle only applies where "Lo Ye'achel" incorporates an Isur Hana'ah together with an Isur Achilah, but not where it refers to an Isur Hana'ah only.

(d)This is because, had the Torah wanted to forbid only Hana'ah it would have written "Lo Yehaneh", or even "Lo Ye'achel", but it would have omitted "Es Besaro".

9)

(a)According to the latter explanation, what do we learn from "Es Besaro"?

(b)On what grounds do we reject the suggestion that "u'Ba'al ha'Shor Naki" comes to forbid the animal if he Shechted it with a sharp strip of cane (which is a kind of stoning), but not if he Shechted it with a knife?

(c)What does the Beraisa say about a piece of rock, a piece of glass and a strip of cane? What do they have in common?

9)

(a)According to the latter explanation, we learn from "Es Besaro" that even though he turned the animal into flesh [by slaughtering it], it is still forbidden.

(b)We reject the suggestion that "u'Ba'al ha'Shor Naki" comes to forbid the animal when he Shechted it with a sharp strip of cane (which is a kind of Sekilah), but not if he Shechted it with a knife on the grounds that the Torah does not distinguish between a knife and a strip of cane, and that both are therefore considered a proper Shechitah.

(c)The Beraisa permits slaughtering with a piece of rock, a piece of glass and a strip of cane.

10)

(a)Now that we learn both the Isur Achilah and the Isur Hana'ah from "Lo Ye'achel", what do we learn from "u'Ba'al ha'Shor Naki"?

(b)Why would we have otherwise thought that the skin is permitted?

(c)One of the two other things that we may learn from "u'Ba'al ha'Shor Naki" is that if a Shor Tam (that has not yet gored three times) kills a man, the owner is not obligated to pay half the value of the dead man (instead of the full value that he would have had to pay for the same damaged performed by a Shor Mu'ad [which already gored on three other occasions). What is the second thing?

(d)According to them, from where will we learn the prohibition of deriving benefit from the skin?

10)

(a)Now that we learn both the Isur Achilah and the Isur Hana'ah from "Lo Ye'achel", we learn from "u'Ba'al ha'Shor Naki" 'Hana'as Oro' (that one may not even derive benefit from the animal's skin).

(b)We would have otherwise thought that it is permitted because the Pasuk "v'Lo Ye'achel Es Besaro", implies that the skin is permitted.

(c)One of the two other things that we may learn from "u'Ba'al ha'Shor Naki" is that if a Shor Tam (that has not yet gored three times) kills a man, the owner is not obligated to pay half the value of the dead man (instead of the full value that he would have to pay for the same damaged performed by a Shor Mu'ad [which already gored on three other occasions). The second thing is that if the ox gores a pregnant woman, killing the unborn fetus, the owner is not obligated to pay the husband for the babies, as he would have had to do, had a person killed it.

(d)According to them, we will learn the prohibition of deriving benefit from the skin from the word "Es Besaro", from which Chazal Darshen 'Es ha'Tafel li'Besaro' (what is secondary to the flesh).

11)

(a)What do those who learn Hana'as Oro from "u'Ba'al ha'Shor Naki" learn from "Es Besaro"?

(b)Why did Rebbi Shimon ha'Amsuni (or Nechemyah ha'Amsuni) desist from Darshening every "Es" in the Torah?

(c)What did he reply when his Talmidim asked him what would happen to all the "esim" that he had Darshened until then?

(d)What did Rebbi Akiva Darshen from "Es Hash-m Elokecha Tiyra"?

11)

(a)Those who learn Hana'as Oro from "u'Ba'al ha'Shor Naki" learn nothing from "Es Besaro" (because they do not Darshen the word "Es").

(b)Rebbi Shimon ha'Amsuni (or Nechemyah ha'Amsuni) desisted from Darshening every "Es" in the Torah when he arrived at the Pasuk in Va'eschanan "Es Hash-m Elokecha Tiyra" (because he did not know whom to place on a par with Hash-m, in this regard).

(c)When his Talmidim asked him what would happen to all the "esim" that he had Darshened until then he replied that just as he would receive reward for what he had Darshened until then, so too, would he receive reward for withdrawing all the Derashos that he had made until then.

(d)Rebbi Akiva Darshened from "Es Hash-m Elokecha Tiyra" to include Talmidei-Chachamim, whom one must fear just as much as one fears Hash-m.

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