1)

HEKDESH OF A FETUS

(a)

Question (Mishnah): (Initial) Hekdesh of limbs and fetuses takes effect, but they cannot become Kodesh through Temurah.

1.

We cannot say that this refers to fetuses in Kodshim, they are automatically Kodesh!

(b)

Answer: It means that (initial) Hekdesh of limbs and on fetuses takes effect, (and because this is Mekadesh the entire animal,) Temurah can take effect on the animal - Rashi; Tosfos' text deletes this) but Temurah of a limb (of Chulin on a Korban) does not take effect;

1.

Temurah does not take effect on a fetus in a Korban.

(c)

Question - Inference: Temurah on fetuses inside Kodshim does not take effect, but after they are born, it would take effect! (A Mishnah teaches unlike this.)

1.

(Mishnah): Temurah does not take effect on Vlados Kodshim.

(d)

Answer: The Mishnah is like R. Yehudah.

(e)

Question: It cannot be like R. Yehudah, for he holds that if one is Makdish a limb, the entire animal does not become Kodesh.

(f)

Answer: The Mishnah refers to a limb whose removal would make the animal Tereifah.

(g)

Suggestion: Tana'im argue about whether a fetus can become Kodesh:

1.

(Beraisa #1): If one slaughtered a Chatas and found a four-month (non-viable) fetus inside, only male Kohanim may eat it, in the Azarah, for one day and a night;

2.

(Beraisa #2): Anyone may eat it, (at any time, but only) outside of the Azarah (for it is Chulin).

(h)

Rejection #1: (The Beraisos discuss Vlados Kodshim.) Tana #1 holds that Vlados Kodshim become Kodesh in the womb. Tana #2 holds that they are not Kodesh until they are born.

(i)

Rejection #2: One Tana taught both Beraisos. In Beraisa #1, he was Makdish a pregnant animal. In Beraisa #2 it became pregnant after he was Makdish it. (The Tana holds that Vlados Kodshim become Kodesh when they are born.)

(j)

Version #1 Question (Mishnah - R. Eliezer): The following animals do not become Kadosh and are not Mekadesh other animals:

1.

Tereifah, Kil'ayim, Yotzei Dofen, Tumtum and Androginus.

2.

(Shmuel): They do not become Kadosh through Temurah, and (even if they are Kedoshim) they are not Mekadesh other animals through Temurah.

3.

(Beraisa - R. Meir) Question: Since they are not Kedoshim, how could they make Temurah?

4.

Answer: He was Makdish an animal, and then it became Tereifah. He was Makdish a fetus, and then it was born Yotzei Dofen.

5.

Summation of question: This shows that Hekdesh of a fetus takes effect!

(k)

Answer: Indeed, Bar Pada agrees that Hekdesh of a fetus (in a Tam mother) takes effect. They argue about Hekdesh of a fetus in a Ba'al Mum;

1.

Bar Pada holds that since the mother does not get Kedushas ha'Guf, also the fetus does not become Kodesh;

2.

R. Yochanan considers them like two animals. Since the fetus is Tam, it becomes Kodesh.

(l)

Version #2 (some delete this entire version from the text) Question (Mishnah - R. Eliezer): The following animals do not become Kadosh and are not Mekadesh:

1.

Tereifah, Kil'ayim, Yotzei Dofen, Tumtum and Androginus.

2.

The only case of Kil'ayim, Tumtum and Androginus is Vlados Kodshim, according to R. Yehudah, who says that Vlados Kodshim make Temurah.

3.

Inference: These Pesulim do not become Kodesh in the womb, but regular fetuses do!

(m)

Answer (Abaye): Bar Pada agrees that Hekdesh of a fetus in a Tam mother takes effect. They argue about Hekdesh of a fetus in a Ba'al Mum;

1.

Bar Pada holds that since the mother does not get Kedushas ha'Guf, the fetus gets only Kedushas Damim;

2.

R. Yochanan holds that Ubar Lav Yerech Imo. Even though the mother does not get Kedushas ha'Guf, the fetus does.

2)

HEKDESH OF A LIMB

(a)

(Mishnah - R. Yosi): If one is Makdish the leg of a Chulin animal...

11b----------------------------------------11b

(b)

(Beraisa - R. Meir and R. Yehudah) Suggestion: Perhaps if one says "the leg of this animal is an Olah", the entire animal becomes an Olah!

1.

Rejection: "Kol Asher Yiten Mimenu la'Shem Yihyeh Kodesh" teaches that only part of the animal is la'Shem (Kodesh).

2.

Suggestion: Perhaps the animal can become Chulin (through redemption)!

3.

Rejection: "Yihyeh (it will be) Kodesh."

4.

Conclusion: Rather, it is sold to one who must bring an Olah. The money is Chulin, except for the value of the limb that was Hukdash.

5.

Question (R. Yosi and R. Shimon): What is the source that if one says "the leg of this animal is an Olah", the entire animal becomes an Olah?

6.

Answer: "Kol Asher Yiten Mimenu la'Shem (even if only part was Hukdash) Yihyeh (it will be totally) Kodesh."

(c)

(Beraisa): It is sold to one who must bring an Olah.

(d)

Question: One who vowed to bring an Olah must Makdish and bring an entire animal. The buyer was not Makdish the leg. It is as if his Korban is Chaser!

(e)

Answer (Rava): The case is, the buyer had vowed to bring a Korban "b'Chayeha" (enough that could live. He never accepted to bring a complete animal. Some explain that he accepted to pay a Zuz for an Olah.)

(f)

(Rav Chisda): R. Yehudah admits that if one was Makdish a limb whose removal would make the animal Tereifah, the entire animal becomes Kodesh;

(g)

(Rava): He admits about a limb whose removal would make it Neveilah.

(h)

(Rav Sheshes): He admits about a limb vital to life. (Its removal would kill the animal.)

(i)

Question: What do Rav Chisda and Rava argue about?

(j)

Answer: They argue about whether or not a Tereifah can live. Rav Chisda holds that it cannot, and Rava holds that it can.

(k)

Question: What do Rava and Rav Sheshes argue about?

(l)

Answer: They argue about R. Elazar's law;

1.

(R. Elazar): If the thigh and its cavity were removed, the animal is a Neveilah.

2.

Rava holds like R. Elazar. Rav Sheshes disagrees.

(m)

Question (Beraisa - Rebbi): R. Yehudah's opinion is Nir'eh (correct) regarding a non-vital limb. R. Yosi's opinion is Nir'eh regarding a vital limb.

1.

We understand "R. Yehudah's opinion is Nir'eh regarding a non-vital limb". Surely, they argue about this;

2.

"R. Yosi's opinion is Nir'eh regarding a vital limb" shows that they argue even about a vital limb. This refutes all three Amora'im!

(n)

Answer: The Beraisa is abbreviated. Rebbi means 'R. Yosi's opinion is Nir'eh (appears correct) to R. Yehudah (i.e. R. Yehudah agrees with him) regarding a vital limb';

1.

R. Yehudah argues only about a non-vital limb. (In that case, R. Yehudah's opinion is Nir'eh to me (Rebbi).)

(o)

Question (Rava): Does R. Yosi hold that if one is Makdish a limb of a bird, the entire bird becomes Hekdesh?

1.

He learns from "Kol Asher Yiten Mimenu la'Shem Yihyeh Kodesh". This applies only to Behemos;

2.

Or, perhaps it applies to any Korban!

(p)

This question is unsettled.

(q)

Question (Rava): (According to R. Yosi,) if one was Makdish a limb for Kedushas Damim, what is the law?

1.

Do we say since the limb gets Kedushas Damim, it gets Kedushas ha'Guf, and once it gets Kedushas ha'Guf, it spreads to the whole animal?

2.

Or, perhaps we say only one Migo!

(r)

Answer: We can learn from Rava himself!

1.

(Rava): If one was Makdish a male (Kedushas Damim) to buy an Olah, it itself is offered for an Olah.

(s)

Rejection: There, there is only one Migo. Perhaps we do not apply Migo twice. (Shitah Mekubetzes asks that this was the whole question! He answers that the answerer understood that the question was whether we say since it gets Kedushas Damim, it gets Kedushas ha'Guf. Rava explained that he asked whether we apply Migo twice.)

3)

HEKDESH OF PART OF AN ANIMAL

(a)

Question: If one was Makdish a limb, may one shear it?

(b)

Suggestion: We can learn from the following Beraisa:

1.

(Beraisa): ("V'Lo Sagoz Bechor Tzonecha",) but you may shear a Bechor belonging to you and others (Nochrim, since it is not all Kodesh).

(c)

Version #1A - Rejection: We cannot learn from there. There, it did not get Kedushah at all. Here, the limb got Kedushah. (The question was according to R. Yehudah.)

(d)

Version #1B (Shitah) Rejection: We cannot learn from there. There, the entire animal did not get Kedushah. Here, the entire animal becomes Kodesh (according to R. Yosi. According to R. Yehudah, we cannot learn for the following reason.)

(e)

Version #2 - Rejection: We cannot learn from there. There, he could not be Mekadesh the entire animal. Here, he could Mekadesh the entire animal! (end of Version #2)

(f)

Question (Abaye): If one was Makdish an animal's skin, may he work with the animal? (Rashi - he did not ask about shearing it, for surely that is permitted. It does not weaken the skin. R. Gershom - surely it is forbidden, for it weakens the skin.)

(g)

Answer (Rava - Beraisa): If one said "the fetus inside this animal is an Olah", one may shear the animal. One may not work with it, for this weakens the fetus. (Likewise, it weakens the skin!)

(h)

Rejection (Abaye): (Perhaps) the Beraisa forbids mid'Rabanan. (I ask whether one is lashed mid'Oraisa for working with it.)

(i)

Question (Rava): If the Beraisa discusses Isurim mid'Rabanan, it should forbid also shearing!

(j)

Answer (Abaye): Chachamim decreed only against working, for this weakens the fetus.

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