1)

WHEN IS AN ESNAN CONSIDERED PASUL?

(a)

Answer: The Beraisa is like R. Elazar, who says that if a man had Zenus with an unmarried woman, she becomes a Zonah. (Presumably, just like R. Elazar is stringent about what makes a Zonah, he is stringent about when Esnan is Pasul.)

(b)

Question: If the Beraisa is like R. Elazar, it should disqualify an Esnan given to an unmarried woman!

(c)

Answer: There is a Chidush to disqualify an Esnan from a Kohen Gadol to a widow;

1.

Version #1 (Rashi): Had it mentioned an unmarried woman, we might have thought that only such cases of Esnan are Posel, but not if she is forbidden to him. The Beraisa mentions a widow to teach that this is not so.

2.

Version #2 (Tosfos): We might have thought that Esnan is Pasul only if such a Bi'ah forbids a woman to a Kohen due to Zonah. The Beraisa mentions a widow to teach that this is not so.

(d)

(Mishnah - Rebbi): Similarly, if Reuven told Shimon "take this lamb... (and your Shifchah will sleep with my slave)"...

(e)

Question: A Shifchah is permitted to a slave! (Why do Chachamim disqualify?)

(f)

Answer #1 (Rav Huna): Reuven means 'she will have relations with me.' "Slave" is a euphemism.

(g)

Objection: If so, why does Rebbi permit it?

(h)

Answer #2 (Shmuel bar R. Yitzchak): She will have relations with Reuven's Eved Ivri;

(i)

Question: A Shifchah is permitted to an Eved Ivri!

(j)

Answer: The case is, the Eved does not have a wife and children;

1.

(Beraisa): A master may give a Shifchah to his Eved Ivri (to have relations with her) only if the Eved has a wife and children. (Bartenura - Rebbi is Machshir because he permits a Shifchah even to an unmarried Eved Ivri. Alternatively, since the Isur of Shifchah was (in general) permitted to an Eved Ivri, even when it is not permitted, what is paid is not considered Esnan Zonah.)

2)

MECHIR KELEV

(a)

(Mishnah) Question: What is the case of Mechir Kelev (something traded for a dog)?

(b)

Answer: Reuven told Shimon "take this lamb in exchange for this dog." (The lamb is Pasul for a Korban.)

(c)

Similarly, if partners divided, and Levi took 10 sheep and Yehudah took nine sheep and a dog, Levi's sheep are all Pesulim, and Yehudah's sheep are Kesherim.

(d)

Esnan of a dog (Ploni gave a lamb to the dog's owner in exchange for sleeping with the dog) and Mechir Zonah (a lamb traded for a Shifchah, whom he buys for a Zonah) are Kesherim;

1.

"Sheneihem" teaches that two of them (Esnan Zonah and Mechir Kelev) are Pesulim, but not four. (Esnan Kelev and Mechir Zonah are Kesherim.)

(e)

Offspring of Esnan Zonah and Mechir Kelev are Kesherim. "Hen (they)" are Pesulim, but their offspring are not.

(f)

(Gemara - Beraisa): Mechir Kelev is Chalifas (something traded for a) dog - "Timkor Amcha... v'Lo Ribis bi'Mechireihem." ("Mechir" is spelled with a "Ches," which is not interchangeable with "Chaf," therefore the Gemara needed to show that it refers to a sale. We explain according to the Gra's text of Rashi.)

(g)

Suggestion: Perhaps ("Esnan" also applies to Kelev, i.e.) the Torah forbids (Esnan Zonah, and) the Esnan and Mechir of a Kelev!

(h)

Rejection: "Sheneihem" are Pesulim, but not three.

(i)

Suggestion: We meant that perhaps Mechir Kelev is (just) Esnan Kelev!

(j)

Answer: If so, the verse should have said "Esnan Zonah v'Kelev";

1.

Rather, it says "Esnan Zonah u'Mechir Kelev" to teach that Mechir is Chalifas.

(k)

(Mishnah): Similarly, if partners divided...

(l)

Question: We should be able to pick one of Levi's sheep to be in exchange for the dog, and the rest will be Kesherim!

(m)

Answer: The case is, the dog is worth more than one of Levi's sheep. Each of Levi's sheep is worth slightly more than each of Yehudah's;

1.

In all, the nine sheep of Levi that correspond to Yehudah's nine, they compensate for the extra value of the dog. Each is partially in exchange for the dog.

(n)

(Mishnah): Esnan Kelev and Mechir Zonah are Kesherim.

(o)

Question (Rava of Parzakiya): What is the source that Zenus does not apply to a dog? (If a man paid to sleep with a dog (Rashi; Tosfos - he paid a Zonah to sleep with his dog), the Esnan is valid.)

30b----------------------------------------30b

(p)

Answer (Rav Ashi): If it applied, the Torah would have disqualified "Esnan Zonah v'Kelev."

(q)

Support (Beraisa) Question: What is the source that Esnan Kelev and Mechir Zonah are Kesherim?

1.

Answer: The Torah disqualifies two (Esnan Zonah and Mechir Kelev), but not four.

2.

Offspring of Esnan Zonah and Mechir Kelev are Kesherim. "Gam Sheneihem" are Pesulim, but their offspring are not.

(r)

(Rava): The Vlad of a Nirva or Noge'ach is Pasul for a Korban (if it was pregnant at the time), for also the fetus was party to the bestiality or goring.

1.

Version #1: The Vlad of a Muktzeh or Ne'evad is valid for a Korban. Only the mother was designated or worshipped.

2.

Version #2: The Vlad of a Muktzeh or Ne'evad is Pasul for a Korban. The idolaters appreciate the increased volume due to the fetus.

(s)

(Rav Achdevoy): If a man was Mekadesh a woman with Peresh (intestinal fluids) of a Shor ha'Niskal (an ox sentenced to be stoned), she is Mekudeshes. If he was Mekadesh with Peresh of a calf offered to idolatry, she is not Mekudeshes. We can learn from reasoning or verses:

1.

Reasoning - those who offer calves to idolatry prefer a fatter sacrifice. It is important, therefore it is forbidden like the calf;

i.

Peresh of Shor ha'Niskal has no value, so it is not forbidden with the ox.

2.

Verses - regarding idolatry, it says "v'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem" (even the Peresh);

3.

Regarding Shor ha'Niskal, it says "v'Lo Ye'achel Es Besaro" - the meat is forbidden, but not the Peresh.

3)

WHAT BECOMES FORBIDDEN?

(a)

(Mishnah): If money was given for an Esnan, it is valid (to buy Korbanos);

(b)

If wine, oil, Soles or anything offered on the Mizbe'ach was given, it is Pasul.

(c)

If (animal) Korbanos were given, they are Kesherim. If birds were given, they are Pesulim.

1.

Suggestion: A Kal va'Chomer should permit birds! A Mum invalidates a Korban, yet the Pesulim of Esnan and Mechir do not apply to it. A Mum does not invalidate a bird, so all the more so Esnan and Mechir should not invalidate it!

2.

Rejection: "L'Chol Neder" includes birds. (Esnan and Mechir apply to them.)

(d)

The offspring of any animal invalid for a Korban is Kosher for a Korban;

(e)

R. Eliezer says, offspring of a Tereifah may not be offered.

(f)

R. Chanina ben Antigionus says, if a Kosher calf nursed from a Tereifah, it may not be offered (Rambam - that day).

(g)

If any Kodshim became Tereifah, it may not be redeemed, for (it is forbidden to Yisrael, and) we may not redeem Kodshim to feed them to dogs.

(h)

(Gemara - Beraisa #1): If a Zonah received wheat, olives or grapes, and she made them into flour, oil or wine, they may not be offered;

(i)

Contradiction (Beraisa #2): They may be offered.

(j)

Resolution (Rav Yosef - Beraisa #3): Beis Shamai forbids, and Beis Hillel permits. (Beraisa #1 is like Beis Shamai, Beraisa #2 is like Beis Hillel);

1.

Beis Hillel expounds "Hem" (they are forbidden), but not their offspring, and not Shinuyeihem (what they are transformed into);

2.

Beis Shamai expounds "Hem," but not their offspring. "Gam" includes Shinuyeihem.

3.

Question: What do Beis Hillel learn from "Gam"?

4.

This is left difficult.

(k)

(Beraisa - R. Elazar): "Beis Hash-m Elokecha" excludes Parah Adumah. (It is not offered in the Mikdash, therefore an Esnan is Kosher for it);

(l)

Chachamim say, this comes to include gold plating for the Heichal. (An Esnan may not be used for it.)

(m)

Question: Who are these Chachamim?

(n)

Answer (Rav Chisda): They hold like R. Yosi bar Yehudah:

1.

(R. Yosi bar Yehudah): If gold was given for an Esnan, it may not be used to plate even the back of the Heichal.

(o)

(Mishnah): If Korbanos were given, they are Kesherim.

(p)

(Beraisa) Suggestion: A Kal va'Chomer should teach that (the Pesulim of) Esnan and Mechir take effect on Kodshim!

1.

A Mum does not invalidate a bird, yet Esnan and Mechir invalidate it. A Mum invalidates a Korban, all the more so Esnan and Mechir should invalidate it!

(q)

Rejection: "L'Chol Neder" excludes something already Nadur (made Hekdesh, i.e. Kodshim).

(r)

Inference: If not for the verse, Esnan and Mechir would invalidate Kodshim.

(s)

Question: One does not own Kodshim! (He cannot trade them or give them for an Esnan.)

(t)

Answer (R. Hoshaya): The Beraisa discusses Korban Pesach. It is like Rebbi;

1.

(Beraisa): "V'Im Yim'at ha'Bayis mi'Heyos mi'Seh" - (if the household is lacking,) sustain it through the Seh (sell shares of the Korban Pesach). One may do so to get money for food, but not for Mekach (Rashi - business; R. Gershom - clothing);

2.

Rebbi permits selling shares of the Pesach or Chagigah (Shelamim) even to get money for Mekach, and the money is Chulin. Yisraelim are Makdish their Korbanos with this intent.

4)

VLADOS OF PESULIM

(a)

(Mishnah): Anything forbidden to the Mizbe'ach...

(b)

(Rav): The Vlad of anything forbidden to the Mizbe'ach is valid (for a Korban).

(c)

(Beraisa - R. Eliezer): It is forbidden.

(d)

Version #1 (Rav Huna bar Chinena): They argue about a pregnant animal that was Nirva:

1.

R. Eliezer holds that Ubar Yerech Imo (also the fetus was Nirva), and Chachamim hold Ubar Lav Yerech Imo;

2.

If an animal became pregnant after it was Nirva, all permit the Vlad.

(e)

(Rava): They argue about an animal that became pregnant after it was Nirva:

1.

R. Eliezer forbids Zeh v'Zeh Gorem (the Vlad comes from Isur (its mother is Pasul) and Heter (we assume that its father was permitted, like most animals). Chachamim permit Zeh v'Zeh Gorem.

2.

If a pregnant animal was Nirva, all forbid the Vlad.

3.

This is as Rava taught elsewhere;

i.

(Rava): The Vlad of a Nirva or Noge'ach is Pasul for a Korban (if it was pregnant at the time), for also the fetus was party to the bestiality or goring.

(f)

Version #2 (Rav Huna bar Chinena): They argue about a (pregnant) Hekdesh animal that was Nirva:

1.

R. Eliezer holds that this is a disgrace (even to the Vlad). Chachamim disagree;

2.

If it was Nirva when it was Chulin, all permit the Vlad.

(g)

(Rava): They argue about a (pregnant) animal that was Nirva when it was Chulin:

1.

R. Eliezer holds that this is a disgrace (even to the Vlad). Chachamim disagree;

2.

If it was Nirva when it was Kodesh, all forbid the Vlad.

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