TEMURAH 21 (8 Av) - (8 Av) - Dedicated l'Iluy Nishmas Mrs. Lily (Leah bas Pinchas) Kornfeld, who passed away on 8 Av 5765, by her daughter and son-in-law, Diane and Andy Koenigsberg and family. May Lily and her husband's love for Torah and for Eretz Yisrael continue in all of their descendants.

1)

VLADOS TEMURAS ASHAM

(a)

Question (R. Avin bar Chiya - Mishnah - R. Elazar): (Temuras Asham and its) Vlados for all generations must be left to graze (Ro'eh) and get a Mum. We bring Olah with the proceeds from its sale.

1.

Inference: The Vlados themselves are not offered!

(b)

Answer (R. Avin bar Kahana): The case is, the Vlados are females. (Males could be offered.)

(c)

Question (R. Avin bar Chiya): Does the Mishnah discuss the case when all descendants for all generations are female?!

(d)

R. Avin bar Kahana: I give you a poor answer. Yes, that is the case.

(e)

(Text of the Gra, and possibly Rashi) Question: This implies that he had a better answer to give. What else could he answer?

(f)

Answer: Vlados Temuras Asham are different, for we are concerned lest one err (and offer them for an Asham).

2)

TEMURAH OF A BECHOR AND MA'ASER

(a)

(Mishnah): Temurah of Bechor or Ma'asar Behemah, and their Vlados for all generations are like Bechor and Ma'aser. They are eaten when they get a Mum;

(b)

Ba'alei Mumim of all Kodshim may be slaughtered and sold in the Itliz (meat market) and by weight, except for Bechor and Ma'aser. (This is because money received for Bechor and Ma'aser belongs to the owner, but money received for other Kodshim is used to buy a similar Korban.)

(c)

Ba'alei Mumim of all Kodshim and Temuros may be redeemed, except for Bechor and Ma'aser;

(d)

All Kodshim may be brought from Chutz la'Aretz, except for Bechor and Ma'aser;

1.

If a Tam was brought, it is offered; if a Ba'al Mum was brought, the owner eats it.

(e)

R. Shimon says, the reason (why they should not be brought) is because they can be eaten in Chutz la'Aretz (once they get a Mum), but other Kodshim remain Kadosh even with a Mum. (Even though they can be redeemed, one must buy another Korban with the Damim.)

(f)

Version #1 (Gemara - Rava bar Rav Aza) Question (Chachamim of Eretz Yisrael): If one blemished Temuras Bechor or Ma'aser, what is the law?

1.

Perhaps one is exempt, because they cannot be offered;

2.

Or, perhaps one is liable, because they are Kedoshim!

3.

Counter-question (Abaye): Why didn't you ask about blemishing a Teshi'i (an animal that left the pen ninth and was mistakenly called "Asiri (tenth)"? (Also it may not be eaten until it gets a Mum!)

4.

Answer (Abaye): Surely, the reason you didn't ask is because "Asiri" excludes a Teshi'i. (It is not offered, so one is not liable for blemishing it);

(g)

Answer (Abaye): Likewise, "Lo Sifdeh Kodesh Hem" excludes Temuras Bechor and Ma'aser!

(h)

Version #2 - Rav Nachman bar Yitzchak - (Rava bar Rav Aza) Question (Chachamim of Eretz Yisrael): If one blemished a Teshi'i, what is the law?

1.

Counter-question (Abaye): Why didn't you ask about blemishing Temuras Bechor or Ma'aser?

2.

Answer (Abaye): Surely, you didn't ask, because "Lo Sifdeh Kodesh Hem" excludes them;

(i)

Answer (Abaye): Likewise, "Asiri" excludes a Teshi'i!

3)

BRINGING BECHOROS FROM CHUTZ LA'ARETZ

(a)

(Mishnah): If a Tam was brought...

(b)

Contradiction (Mishnah): Ben Antignus brought Bechoros from Bavel. They did not permit him to offer them.

(c)

Resolution (Rav Chisda): Our Tana holds like R. Yishmael. the Tana of that Mishnah holds like R. Akiva. (We bring a long Beraisa in which (on 21b, after a brief interruption) R. Akiva expounds that we do not offer a Bechor from Chutz la'Aretz. R. Yishmael uses R. Akiva's verse for a different law, so presumably he permits offering it. In this entire discussion, "Ma'aser" refers to Ma'aser Sheni.)

(d)

(Beraisa - R. Yosi citing R. Yishmael) Suggestion: Perhaps nowadays (after the Churban) we may bring Ma'aser to Yerushalayim and eat it there!

1.

Question: A Mah Matzinu refutes this! Both Bechor and Ma'aser must be brought to Yerushalayim. Just like Bechor may be eaten only when the Mikdash stands, also Ma'aser.

2.

Answer: We cannot learn from Bechor, for its blood and Chelev must be put on the Mizbe'ach.

3.

Question: We learn from Bikurim! Bikurim and Ma'aser both must be brought to Yerushalayim - just like Bikurim may be eaten only when the Mikdash stands, also Ma'aser.

4.

Answer: We cannot learn from Bikurim, for they must be placed on the ground in front of the Mizbe'ach.

(e)

Rejection: "Va'Haveisem Shamah... (Masroseichem... u'Vechoros... )" equates Ma'aser and Bechor. Just like Bechor may be eaten only when the Mikdash stands, also Ma'aser.

1.

Question: Why couldn't we learn from the Tzad ha'Shavah of Bechor and Bikurim?

2.

Answer: We cannot learn from them, for both of them are put on or in front of the Mizbe'ach. This does not apply to Ma'aser.

3.

Question: What is the Tana's opinion (about the Kedushah of Yerushalayim)?

i.

If he holds that the Kedushah is permanent (i.e. even after the Churban), also Bechor is permitted nowadays! (Also the Kedushah of the Mikdash is permanent, so we could build the Mizbe'ach in its place and offer Korbanos)!

ii.

Version #1 (Rashi): If he holds that the Kedushah was not permanent (it is Batel after the Churban), he should be equally unsure about Bechor!

iii.

Version #2 (Tosfos): If he holds that the Kedushah was not permanent, also Ma'aser (that grew before the Churban) is forbidden even in Yerushalayim;

4.

Answer: He holds that the Kedushah was not (our text, Rashi; Tosfos - was) permanent. The case is, the Bechor's blood was thrown before the Churban, and the meat is intact after the Churban;

i.

The meat is equated to the blood. Just like the blood requires a Mizbe'ach (to be offered), also the meat (may not be eaten without a Mizbe'ach);

21b----------------------------------------21b

ii.

We learn Ma'aser from Bechor.

5.

Question: We do not learn from Kodshim from Kodshim (if the source itself was learned from elsewhere)!

i.

Always we may learn Lamed (a law learned from another source) from Lamed, except in Kodshim.

6.

Answer #1: That applies only to Kodshim. Ma'aser is Chulin.

7.

Question: This is like the opinion that it depends on whether the Lamed is Kodshim or Chulin;

i.

According to the opinion that it depends on the source from which we learn, how can we answer?

8.

Answer #2: Blood and meat are like one (it is as if meat was learned directly, without a Hekesh).

(f)

Suggestion (R. Akiva): Perhaps when the Mikdash stands, one may bring Bechor from Chutz la'Aretz and offer it!

(g)

Rejection: "V'Achalta Lifnei Hash-m Elokecha... Ma'asar Degancha... u'Vchoros Bekarcha v'Tzonecha" teaches that you bring Bechoros only from those places from which you bring Ma'aser (Eretz Yisrael).

4)

MA'ASER IS PERMITTED INSIDE THE WALL

(a)

(Continuation of Beraisa - Ben Azai) Suggestion: Perhaps Ma'aser may be eaten b'Chol ha'Ro'eh! (Here, Rashi explains that this is anywhere within sight of someone in Yerushalayim! The Rambam and Rashi elsewhere explain that this is a place from which one can see Yerushalayim.)

1.

Suggestion: We should learn from Bechor that it may not! Bechor must be brought Lifnei Hash-m, just like Ma'aser;

i.

Just like Bechor may be eaten only inside the wall of Yerushalayim, also Ma'aser.

2.

Version #1 (Our text) Rejection: We cannot learn from Bechor, for its blood and Eimurim must be put on the Mizbe'ach, but no part of Ma'aser goes on the Mizbe'ach!

3.

Version #2 (Rashi's text) Rejection: We cannot learn from Bechor, for only Kohanim may eat it, for two days and a night, but Ma'aser is permitted to Yisraelim, at any time! (end of Version #2)

(b)

Rejection: "V'Achalta... Ma'asar Degancha... u'Vechoros... ," equates Ma'aser to Bechoros;

1.

Just like Bechor may be eaten only inside the wall of Yerushalayim, also Ma'aser.

(c)

Question: Why would we think that Ma'aser may be eaten anywhere within sight?

(d)

Answer (Mishnah): The only difference between Shilo and Yerushalayim (regarding what may be eaten inside) is that Kodshim Kalim and Ma'aser were permitted b'Chol ha'Ro'eh of Shilo, but only within the walls of Yerushalayim;

1.

In both of them, Kodshei Kodashim may be eaten only within the Kela'im (i.e. in the Azarah).

2.

One might have thought that Ma'aser may be eaten b'Chol ha'Ro'eh of Yerushalayim, similar to Shilo. The verse teaches that this is not so.

(e)

(Beraisa - Others) Suggestion: A Bechor that was not offered in its first year should be Pasul like a blemished Korban!

(f)

Rejection: "V'Achalta... Ma'asar Degancha... u'Vchoros Bekarcha" equates Bechor and Ma'aser. Just like Ma'aser is not Nifsal if it is not eaten within the year, also Bechor.

(g)

Question: Tana'im (above) expounded this verse differently. What is their source for this law?

(h)

Answer: They learn from "Lifnei Hash-m Elokecha Sochalenu Shanah v'Shanah."

(i)

Question: What do Others learn from this verse?

(j)

Answer (Beraisa): ("Shanah v'Shanah" teaches that Bechor can be eaten in two years, i.e.) the last day of its first year (i.e. if it is offered that day) and first day of its second year teaches that Bechor is eaten for two days and a night.

(k)

Question: What is Chachamim's source that Bechor is eaten for two days and a night?

(l)

Answer: "Yihyeh Lach ka'Chazeh ha'Tenufah" (it is like Chazeh v'Shok of Shelamim).

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