[40a - 45 lines; 40b - 16 lines]

PEREK #5 YOTZEI DOFEN

1)[line 1]יוצא דופןYOTZEI DOFEN

(a)A child or animal born by a Caesarian section is called a Yotzei Dofen (lit. it went out through the wall [of the abdomen]). Certain Halachos are associated with the Yotzei Dofen:

(b)There is a Machlokes between Tana Kama and Rebbi Shimon as to whether a child who is a Yotzei Dofen causes its mother to have Yemei Tum'ah and Yemei Taharah after its birth. Tana Kama rules that it does not. Rebbi Shimon rules that a Yotzei Dofen has the status of a normal child with this respect.

(c)A firstborn Yotzei Dofen does not have a Din of a Bechor. A child will not require a Pidyon ha'Ben (see Background to Nidah 26:1b) and an animal will not be offered as the Bechor sacrifice (see Background to Bechoros 7:8). The next child or animal born to its mother is also not considered a Bechor, since the Yotzei Dofen exempts it from the Din of Bechor.

(d)If a person consecrates a Yotzei Dofen animal it does not get Kedushas ha'Guf (its body does not attain the sanctity of a Korban). It is similar to other animals that had a Mum (defect) before they were sanctified. Its value is given to Hekdesh and the animal becomes Chulin.

2)[line 4]בית החיצוןBAYIS HA'CHITZON- in the cervical canal (this is the opinion of Rebbi Yochanan, Daf 41b)

3)[line 6]תרומהTERUMAH (TERUMAH: ISUR ACHILASO B'TUM'AH)

(a)After a crop is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.

(b)A non-Kohen may not eat Terumah or Terumas Ma'aser. Even Kohanim and their families and slaves may not eat Terumah unless they and the Terumah are Tehorim (ritually pure). A Kohen who is Tamei who eats Terumah that is Tehorah is liable to Misah b'Yedei Shamayim, as is learned from the verse in Vayikra 22:9.

(c)If Terumah becomes Teme'ah, it may not be eaten, as the Torah states, "b'Chol Kodesh Lo Siga" (Vayikra 12:4). In addition, there is a Mitzvah to burn it (Shabbos 25a). The Rishonim argue whether this is a Mitzvah d'Oraisa or a Mitzvah d'Rabanan (see Background to Shabbos 23:44). The Kohanim may benefit from it while it is being burned, such as by using it as fuel for a fire (Shabbos 25b).

4)[line 7]נזדעזעו אבריוNIZDA'AZE'U EIVARAV- he felt the movement of Shichvas Zera from within his body

5)[line 7]אמהAMAH- the male organ

6)[line 13]כעין שהזריעה אמוK'EIN SHE'HIZRI'AH IMO- [a disintegrated embryo with no form,] similar to an ovum at the time it is fertilized

7a)[line 15]טומטוםTUMTUM

A Tumtum is a person whose genitals are covered with skin so that we do not know if he is a male or a female.

b)[line 16]אנדרוגינוסANDROGINUS

An Androginus is a hermaphrodite, a person with both male and female reproductive organs. There is a Machlokes as to whether an Androginus is a male, a female or a distinct gender.

8a)[line 27]לידה שלפני מלאתLEIDAH SHE'LIFNEI MELOS- the current birth with which the Gemara is dealing, after which she is observing Yemei Tum'ah and Yemei Taharah

b)[line 28]לידה שלאחר מלאתLEIDAH SHEL'ACHAREI MELOS- a birth after the completion of the Yemei Taharah of the first birth

9)[line 40]שכן אם בהמת קדשים פגול נותר וטמאSHE'KEN EM BEHEMAS KODSHIM PIGUL NOSAR V'TAMEI- this is a mnemonic device that stands for the topics that are in common between Kodshim and Bechor, as follows:

1.Em refers to the fact that the word "mother" is written in the verses of both Kodshim (Vayikra 22:27) and Bechor (Shemos 22:29).

2.Behemas Kodshim refers to the fact that an animal of Kodshim and a Bechor are both Kodshim.

3.Pigul refers to the fact that the prohibition of Pigul (see below, entry #22a) applies to both an animal of Kodshim and to a Bechor.

4.Nosar refers to the fact that the prohibition of Nosar (see Background to Kerisus 2:5) applies to both an animal of Kodshim and to a Bechor.

5.Tamei refers to the fact that the prohibition of Tum'ah (see Background to Me'ilah 7:11) applies to both an animal of Kodshim and to a Bechor.

10)[line 41]שכן פשוט זכר קדוש במתנהSHE'KEN PASHUT ZACHAR KASOSH B'MATANAH- this is a mnemonic device that stands for the topics that are in common between Kodshim and Adam (a person), as follows:

1.Pashut refers to the fact that an animal of Kodshim and a person may be any one of the offspring (whereas the Bechor is the firstborn).

2.Zachar refers to the fact that an animal of Kodshim and a person are not only males (whereas a Bechor is only the first male to be born).

3.Kadosh refers to the fact that an animal of Kodshim and a person are not born with intrinsic sanctity (whereas a Bechor is automatically sanctified upon --or prior to — birth).

4.b'Matanah refers to the fact that an animal of Kodshim and a person are not among the Matnos Kehunah (the twenty-four gifts given to the Kohanim — see Background to Bava Kama 110:23 — whereas a Bechor is given to a Kohen).

11)[line 42]הנך נפישןHANACH NEFISHAN- and these similarities (the similarities between Kodshim and Bechor) are actually greater in number (which sways the balance in many instances — see, for example, Sanhedrin 52a, 83a, Shevuos 34a and Menachos 74a)

12)[line 44]"זאת תורת העולה, היא העולה...""ZOS TORAS HA'OLAH, HI HA'OLAH..."- "[Command Aharon and his sons, saying,] 'This is the Torah of the burnt offering; it is the burnt offering, [burning on its bonfire upon the Mizbe'ach all night until the morning, and the fire of the Mizbe'ach shall be burning in it]'" (Vayikra 6:2) - Rebbi Yehudah rules that the words "Zos," "Hi" and "ha'Olah" constitute three "Mi'utim" (exclusions) that limit the scope of the verse. The Korban Olah is disqualified in three specific situations, to the extent that the limbs must be taken off the Mizbe'ach in the event that they were brought up there. The Gemara (here and Zevachim 27b) states that these three Mi'utim exclude the following cases:

1.When the animal was slaughtered at night

2.When the blood of the animal spilled from the neck of the animal to the ground rather than being cast on the Mizbe'ach. This disqualifies the blood from being cast on the Mizbe'ach. If, however, it was collected in a utensil and then it spilled to the ground, it can be gathered up and cast on the Mizbe'ach

3.When the blood of the animal was taken outside of the Azarah.

13)[last line]הרי אלו שלש מיעוטיןHAREI ELU SHELOSHAH MI'UTIN- these [three words] constitute three exclusions (see previous entry)

40b----------------------------------------40b

14)[line 1]שנשחטה בלילהSHE'NISHCHETAH BA'LAILAH

(a)The Torah sets specific times to do some of the Avodos of the Korbanos. For example, the Lechem ha'Panim (see Background to Menachos 94:14) must be placed on the Golden Table in the Beis ha'Mikdash specifically on Shabbos, etc. If these Korbanos were offered before their appointed times, they do not become sanctified since they are "Mechuserei Zeman," i.e. they need to have had more time elapse before they should have been brought.

(b)Similarly, the slaughter and offering of all Korbanos, as well as the Kemitzah of the Korban Minchah (see Background to Menachos 72:25-32) is only Kosher during the daytime, and not at night. If a Kohen slaughters an animal or does Melikah on a bird (see Background to Chulin 19:11) at night, it is likewise considered Mechusar Zeman, and is Pasul.

15)[line 1]שנשפך דמהSHE'NISHPACH DAMAH- when the blood of the animal spilled from the neck of the animal to the ground rather than being cast on the Mizbe'ach. This disqualifies the blood from being cast on the Mizbe'ach. If, however, it was collected in a utensil and then it spilled to the ground, it can be gathered up and cast on the Mizbe'ach

16)[line 1]שיצא דמה חוץ לקלעיםSHE'YATZA DAMAH CHUTZ L'KELA'IM - the blood of which went outside of the curtains (PESULEI KORBAN: YOTZEI)

(a)Yotzei is the term used when any parts of the Korbanos went out of their allotted boundaries before they were offered on the Mizbe'ach.

(b)The Azarah of the Beis ha'Mikdash corresponds to the Kela'im (curtains) of the Mishkan.

17)[line 2]אם עלתה תרדIM ALSAH TERED

"She'Im Alsah Tered" means "that if it went up, it must come down." There are certain sacrifices that are disqualified to the extent that even if they are brought up to the Mizbe'ach, they must be removed.

18)[line 5]הלןHA'LAN (PESULEI KORBAN: LINAH)

In the Beraisa quoted by our Sugya, Linah is the term used when blood of the Korbanos was not placed on the Mizbe'ach on the day that the Korban was slaughtered (RASHI) ("Linah" means to sleep overnight — see RASHI to Bereishis 24:23). It becomes disqualified and may never be cast on the Mizbe'ach. Nevertheless, if it was cast on the Mizbe'ach after sunset, it is not removed.

19)[line 5]היוצאHA'YOTZEI (PESULEI KORBAN: YOTZEI)

(a)Yotzei is the term used when any parts of the Korbanos were removed from their allotted boundaries before they were offered on the Mizbe'ach.

(b)The limbs of a Korban Olah that were removed from the boundaries of the Azarah after it was slaughtered are forbidden to be offered on the Mizbe'ach.

20)[line 5]הטמאHA'TAMEI (TUM'AS BASAR)

If an animal of Kodshim becomes Tamei, it is forbidden to sacrifice it on the Mizbe'ach.

21)[line 6]הנותרHA'NOSAR

(a)In the Beraisa quoted by our Sugya, Nosar is the term used when the meat of the Korban Olah was not placed on the Mizbe'ach on the day that the Korban was slaughtered (RASHI) ("Linah" means to sleep overnight — see RASHI to Bereishis 24:23). It becomes disqualified and may never be offered on the Mizbe'ach. Nevertheless, if it was offered on the Mizbe'ach, it is not removed.

(b)If any meat or blood of a Korban becomes Nosar, it must be burned. With regard to the Korban Pesach, the verse states, "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire" (Shemos 12:10). The repetition of the phrase "until the morning" signals that the verse is referring to the mornings of two different days, and can be understood as follows: "Do not leave any of the Korban Pesach over until the morning (which is Yom Tov). If anything is left over, on the following morning (which is Chol ha'Moed), it must be burned."

(c)The Torah warns us four times not to allow the meat of a Korban to remain past the time during which it may be eaten, each of which is counted as an individual Mitzvah. The first three apply to specific Korbanos (Korban Pesach, in Shemos 12:10 and SEFER HA'CHINUCH Mitzvah #8; Korban Pesach Sheni, in Bamidbar 9:12 and Sefer ha'Chinuch Mitzvah #382; the Chagigah that is brought with the Pesach, in Devarim 16:4 and Sefer ha'Chinuch Mitzvah #486). The fourth time this prohibition is written is with regard to the Korban Todah (Vayikra 7:15 and 22:30), which serves as the source for the prohibition of leaving over meat from any Korban after the allotted time (Sefer ha'Chinuch Mitzvah #142). (The Minchas Chinuch 8:5 suggests that the latter Lav applies even to the three Korbanos for which the Isur of Nosar is written explicitly; however the Acharonim reject his suggestion based on the Gemara in Zevachim 36a.)

22a)[line 6]שנשחט חוץ לזמנוNISHCHAT CHUTZ L'ZEMANO (PIGUL)

(a)A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam — see Background to Me'ilah 2:3) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified. Similarly, a Minchah that was offered with intentions of offering it (i.e. doing one of its essential Avodos) or eating it after its allotted time becomes disqualified.

(b)It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, Pigul Yiheyeh" - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).

(c)If a person eats a k'Zayis of Pigul b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes); the Lav for eating Pigul is learned from the verse of the Milu'im (Shemos 29:34). If he was not given Hasra'ah, he is Chayav Kares. If he eats it b'Shogeg (unintentionally), he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid) (SEFER HA'CHINUCH Mitzvah #144.)

b)[line 6]חוץ למקומוCHUTZ LI'MEKOMO

(a)A Korban that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam — see Background to Me'ilah 2:3) with the intention of eating it or offering it outside of the area designated for it becomes disqualified, and may not be eaten or offered on the Mizbe'ach. This is learned from the verse that repeats the prohibition of Chutz li'Zemano, slaughtering a Korban with the intention of eating or offering it after its allotted time (Vayikra 19:7).

(b)If a person intentionally eats from a Korban that was offered with the intention of Chutz li'Mekomo, he receives Malkus (lashes). If he eats from it unintentionally, he is exempt from bringing a Korban Chatas.

23)[line 7]שקבלו פסולין וזרקו את (דמן) [דמו]SHE'KIBLU PESULIN V'ZARKU ES (DAMAN) [DAMO]- and a sacrifice, the blood of which was collected by Pesulei Avodah, people who are disqualified to perform the Divine service

24)[line 7]הנתנין למעלה שנתנן למטה והנתנין למטה שנתנן למעלהHA'NITANIN LEMAILAH SHE'NESANAN L'MATAH VEHA'NITANIN L'MATAH SHE'NESANAN LEMAILAH

(a)The Mizbe'ach of the Azarah of the Beis ha'Mikdash was ten Amos tall. Halfway up the Mizbe'ach there was a Chut ha'Sikra (a red line) that divided it.

(b)Damim ha'Nitanin Lematah refers to the blood of the Korbanos that must be placed on the lower half of the Mizbe'ach. The Zerikos of the Olas Behemah and Chatas ha'Of, as well as all of the other Korbanos ha'Chitzonos, are performed on the lower half of the Mizbe'ach (below the Chut ha'Sikra).

(c)Damim ha'Nitanin Lema'alah refers to the blood of the Korbanos that must be placed on the upper half of the Mizbe'ach. The Zerikos of the Chatas Behemah and Olas ha'Of are performed on the upper half of the Mizbe'ach (above the Chut ha'Sikra).

(d)If the blood that was supposed to be placed above the Chut ha'Sikra was placed below it (or vice versa), the Korban is invalid. Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not removed.

25)[line 9]הנתנין בחוץ שנתנן בפנים והנתנין בפנים שנתנן בחוץHA'NITANIN B'CHUTZ SHE'NESANAN BIFNIM VEHA'NITANIN BIFNIM SHE'NESANAN B'CHUTZ

(a)If the blood that was supposed to be cast on the outer Mizbe'ach was sprinkled on the Mizbe'ach of Ketores in the Heichal, the Korban is invalid. Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not removed.

(b)If the blood that was supposed to be sprinkled on the Mizbe'ach of Ketores in the Heichal was cast on the outer Mizbe'ach, the Korban is Pasul. Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not removed.

26)[line 19]הפסח והחטאת ששחטן שלא לשמןHA'PESACH VEHA'CHATAS SHE'SHACHATAN SHE'LO LISHMAN

(a)If one of the four Avodos (see Background to Me'ilah 2:3) of a Korban Pesach or Chatas are performed she'Lo Lishmo, these Korbanos are invalidated, since the original "name" or designation of the Korban was "uprooted" (Akirah). All other Korbanos that are offered she'Lo Lishman are Kosher and may be offered on the Mizbe'ach. However, if a person was obligated to bring a particular Korban and it was brought she'Lo Lishmo, he must bring another sacrifice in its stead to fulfill his obligation (Mishnah Zevachim 2a).

(b)The law of Akiras Shem applies when the name of the Korban was uprooted intentionally. For example, a person declares that he will bring as a Shelamim, an animal that he designated as a Pesach or as an Olah. If, however, he mistakenly thought that this animal was a Shelamim, and he brought it as a Shelamim, the Amora'im argue as to whether the original name was uprooted from the Korban and it is considered a Korban that was offered she'Lo Lishmo or not. According to the opinion that "Akirah b'Ta'us Havya Akirah," the name of this Korban has been uprooted. According to the opinion that "Lo Havya Akirah," the Korban is completely kosher as if it was offered Lishmo, and the original name has not been uprooted (Menachos 49a).

27)[line 13]הרובע והנרבעHA'ROVE'A VEHA'NIRBA (HA'ROVE'A / HA'NIRBA)

(a)A Rove'a and a Nirba are animals that had relations with a human, as is prohibited in Vayikra 20:15-16. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).

(b)In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and is the corpse Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

28)[line 14]המוקצהHA'MUKTZAH

A Muktzah is an animal that has been set aside ("Muktzah") to be used as an offering for Avodah Zarah. It is unfit to be brought as a Korban. In order to give an animal the status of a Muktzah, some form of action must be performed upon it for Avodah Zarah purposes. Mere speech (Hekdesh l'Avodah Zarah) is not sufficient.

29)[line 14]הנעבדHA'NE'EVAD

(a)A "Ne'evad" refers to an animal that was "worshipped" as Avodah Zarah.

(b)Normally, an object that is worshipped as Avodah Zarah, e.g. an idol, becomes Asur b'Hana'ah — it is forbidden to derive any benefit from it (see Background to Chulin 89:31). There are, however, certain types of objects that do not become prohibited when they are worshipped or used in the service of Avodah Zarah. Animals do not become prohibits (Avodah Zarah 46a).

(c)Even though animals do not become Asur b'Hana'ah (as mentioned above), nevertheless they become invalidated from being used for holy purposes, such as being offered as a Korban. Even though they are not Asur b'Hana'ah, they are considered abhorrent to be used for a holy purpose (Avodah Zarah 46b-47a).

(d)Even though animals do not become Asur b'Hana'ah when worshipped as Avodah Zarah, nevertheless they do become Asur b'Hana'ah when they are worshipped with a physical action. Therefore, if one pours a wine libation on an animal that does not belong to him, or if one began to slaughter an animal to an idol, the animal becomes Asur b'Hana'ah even for ordinary uses.

30)[line 14]אתנןESNAN

An Esnan is an item given to a harlot for her wage, which may not be brought as a Korban, as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban.

31)[line 14]המחירHA'MECHIR (MECHIR KELEV)

An animal that was exchanged for a dog may not be brought as a Korban, as stated in Devarim 23:19.

32)[line 15]הכלאיםHA'KIL'AYIM (KODSHIM: KIL'EI BEHEMAH)

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. The term "Kil'ayim" can refer to many different types of forbidden mixtures. Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Bechoros 54:1), Kil'ei Zera'im (see Background to Chulin 114:25) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see below), and Charishah b'Shor va'Chamor (see Background to Kerisus 21:17). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Harba'ah and Charishah b'Shor va'Chamor.

(b)Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkus (lashes).

(c)Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa), but may not be offered as Korbanos.

33)[line 15]הטרפהHA'TEREIFAH (PESULEI KORBAN: TEREIFAH)

(a)A Tereifah is an animal that has acquired or was born with a fatal defect that will result in its death within a year ("Tereifah Einah Chayah"). There are some Tana'im and Amora'im who maintain that a Tereifah can live for more than a year ("Tereifah Chayah"). The signs of the Tereifos do not have logical reasons; rather, they are Halachos l'Moshe mi'Sinai (RASHI to Chulin 42a DH Naflah; see Insights to Chulin 42a).

(b)For a further discussion of the eighteen signs of Tereifos, see Background to Chulin 42:3.

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