(c)What is the Tana coming to include when he says that everyone is eligible to declare a Temurah?
(d)Is one permitted to declare a Temurah?
(e)How do we know that?
1)
(a)One declares a Temurahs by stating - 'Zu Tachas Zu'.
(b)A woman - can do so too (See Tosfos Yom Tov).
(c)When the Tana says that everyone is eligible to declare a Temurah, he is coming to include - an heir who declares a Temurah on a Korban that his father designated in his lifetime (See Tosfos Yom Tov).
(d)Declaring a Temurah - is prohibited ...
(e)... since the Torah writes - "Lo Yamir".
2)
(a)What is the punishment for being Meimir?
(b)And what is the status of the original animal?
(c)Why is someone who is Meimir not Patur from Malkos due to the principle 'La'av she'Ein bo Ma'aseh, Ein Lokin alav'?
(d)Besides someone who swears, what is the other exception to the rule?
2)
(a)The punishment for being Meimir is - Malkos (See Tosfos Yom Tov).
(b)The original animal - retains its status.
(c)Someone who is Meimir is not Patur from Malkos despite the principle 'La'av she'Ein bo Ma'aseh, Ein Lokin alav' - since it is one of three exceptions to the rule.
(d)Besides someone who swears, the other exception is - someone who curses his friend using the Name of Hash-m.
3)
(a)Bearing in mind the Pasuk in Bechukosai "ve'Hayah hu u'Semuraso Yih'yeh Kodesh", why ought a Meimir to be Patur from Malkos?
(b)Then why is he Chayav?
(c)Besides Shutfin (partners) who else is not subject to the Asei (even though they are subject to the La'av)?
3)
(a)Bearing in mind the Pasuk in Bechukosai "ve'Hayah hu u'Semuraso Yih'yeh Kodesh", a Meimir to be Patur from Malkos - because it is a 'La'av ha'Nitak la'Asei'.
(b)He is nevertheless Chayav - because, bearing in mind that the La'av incorporates more than the Asei (as we shall now see), it is not a genuine 'La'av ha'Nitak la'Asei'.
(c)Besides Shutfin (partners) - a Korban Tzibur is also not subject to the Asei (their Tremurah does not take effect).
4)
(a)What does the Mishnah say about Kohanim and Yisre'elim?
(b)Why can a Kohen not be Meimir the Chatas and Asham that a Yisrael gives him to offer up on his behalf?
4)
(a)The Mishnah says that Kohanim and Yisre'elim - are subject to Temurah on their own respective Korbanos.
(b)A Kohen not be Meimir the Chatas and Asham that a Yisrael gives him to offer up on his behalf - because Temurah only takes effect on one's own Korban, and a live Chatas and Asham do not belong to the Kohen.
5)
(a)What did Rebbi Yochanan ben Nuri ask on the Tana who listed B'chor together with Chatas and Asham?
(b)What did Rebbi Akiva answer him?
(c)In reply to Rebbi Yochanan ben Nuri's query that, unlike Chatas and Asham, the Kohan acquires the B'chor whilst it is still alive, Rebbi Akiva quoted the Pasuk (that we cited earlier) "ve'Hayah hu u'Semuraso Yih'yeh Kodesh". What did he prove from there?
(d)What if the original owner of the B'chor declares a Temurah on it?
(e)Like whom is the Halachah?
5)
(a)Rebbi Yochanan ben Nuri queried the Tana who listed B'chor together with Chatas and Asham - inasmuch as there is no reason for Temurah not to take effect on a B'chor Beheimah (See Tosfos Yom Tov).
(b)Rebbi Akiva answered him - that B'chor is compared to Chatas ve'Asham, in that it too, is a gift to the Kohen.
(c)In reply to Rebbi Yochanan ben Nuri's query that, unlike Chatas and Asham, the Kohan acquires the B'chor whilst it is still alive, Rebbi Akiva cited the Pasuk (that we cited earlier) "ve'Hayah hu u'Semuraso Yih'yeh Kodesh" - which compares Temurah to the Hekdesh animal itself, which, in turn can only take effect in the house of the original owner.
(d)If the original owner of the B'chor declares a Temurah on it - it does indeed take effect.
(e)The Halachah is - like Rebbi Akiva.
Mishnah 2
6)
(a)Can one declare a Temurah on to ..
1. ... a sheep from a bull or vice-versa, or a goat from a sheep or vice-versa?
2. ... a female from a male or vice-versa?
3. ... a Ba'al-Mum from a Tamim or vice-versa?
(b)In connection with the latter ruling, what do we learn from the Pasuk in Bechukosai "Lo Yachlifenu ve'Lo Yamir oso ...
1. ... Tov be'Ra"?
2. ... O Ra be'Tov"?
(c)And what does the Tana learn from the word "be'Tov" (when it could have written "bo"?
6)
(a)One can declare a Temurah on to ..
1. ... a sheep from a bull and vice-versa, or a goat from a sheep or vice-versa, on to ...
2. ... a female from a male and vice-versa and on to ...
3. ... a Ba'al-Mum from a Tamim and vice-versa.
(b)In connection with the latter ruling, we learn from the Pasuk in Bechukosai "Lo Yachlifenu ve'Lo Yamir oso ...
1. ... Tov be'Ra" that - one can (technically, but not Halachically) declare a Tamim that is Chulin a Temurah from a Ba'al-Mum that is Kodesh.
2. ... O Ra be'Tov" that - one can declare a Ba'al-Mum Chulin a Temurah from a Tamim that is Kodesh.
(c)From the word "be'Tov" (when it could have written "bo"), the Tana learns that - only a Ba'al-Mum Hekdesh animal that was initially a Tamim (when it was declared Hekdesh) can make a Temurah, but not one that was initially a Ba'al-Mum.
7)
(a)What does the Tana Kama say about a case where someone declares ...
1. ... one animal Hekdesh against his two Hekdesh animals?
2. ... two animals Hekdesh against his one Hekdesh animal?
(b)What does Rebbi Shimon say, based on the Pasuk "ve'Hayah hu u'Semuraso Yih'yeh Kodesh"?
7)
(a)The Tana Kama rules that if someone declares ...
1. ... one animal Hekdesh against his two Hekdesh animals or ...
2. ... if he declares two animals Hekdesh against his one Hekdesh animal - the Temurah takes effect (See Tosfos Yom Tov).
(b)Based on the Pasuk "ve'Hayah hu u'Temuraso Yih'yeh Kodesh", Rebbi Shimon maintains that - it is only one animal against one that takes effect (See Tosfos Yom Tov).
Mishnah 3
8)
(a)What does the Tana Kama say about declaring a limb of a Chulin animal ...
1. ... a Temurah against the fetus of a Hekdesh animal or vice-versa?
2. ... or its fetus against an animal of Hekdesh or vice-versa?
8)
(a)The Tana Kama rules that if one declares a limb of a Chulin animal ...
1. ... a Temurah against the fetus of a Hekdesh animal (See Tosfos Yom Tov & Tiferes Yisrael) or vice-versa, or the limb ...
2. ... or its fetus against an animal of Hekdesh or vice-versa - the Temurah does not take effect.
9)
(a)On what grounds does Rebbi Yossi hold that if one is Meimir a limb of a Chulin animal, the Temurah takes effect?
(b)What does he learn from the Pasuk in Bechukosai "Kol asher Yiten mimenu la'Hashem Yih'yeh Kodesh la'Hashem"?
(c)Then why does he agree with the Tana Kama in the reverse case (where he declares a Chulin animal Hekdesh against the limb of a Hekdesh one?
(d)Like whom is the Halachah?
9)
(a)Rebbi Yossi hold that if one is Meimir a limb of a Chulin animal, the Temurah takes effect - in the same way as a limb that one declares Hekdesh becomes Hekdesh (as we shall now see).
(b)He learns from the Pasuk in Bechukosai "Kol asher Yiten mimenu la'Hashem Yih'yeh Kodesh la'Hashem" that - if one declares the leg of an animal Hekdesh, it takes effect and spreads to the rest of the animal (See Tosfos Yom Tov).
(c)He agree with the Tana Kama however, in the reverse case (where he declares a Chulin animal Hekdesh against the limb of a Hekdesh one) - since one limb does not have the power to make a Temurah.
(d)The Halachah is - like the Tana Kama.
Mishnah 4
10)
(a)How much Chulin must there be to be Mevatel a Sa'ah T'rumah that falls into it?
(b)The Mishnah says that Meduma is only Medame'a proportionately. What is 'Meduma'?
(c)What does the Tana now mean?
(d)In the same vein, what does the Mishnah mean when it says that a dough that has become Mechumetz is only Mechametz according to the Cheshbon?
10)
(a)A hundred Sa'ah of Chulin - is Mevatel a Sa'ah of T'rumah that falls into it.
(b)The Mishnah says that 'Meduma' - (a mixture of a Sa'ah of T'rumah and less than a hundred Sa'ah of Chulin into which it falls) is only Medame'a proportionately.
(c)What the Tana now means is that - if a Sa'ah of T'rumah falls into less than a hundred Sa'ah of Chulin, and part of that Sa'ah falls into another batch of Chulin, it only requires a hundred times as much Chulin as the amount of T'rumah (contained in what fell) to be Mevatel it.
(d)In the same vein, when the Mishnah says that a dough that has become Mechumetz is only Mechametz according to the Cheshbon, it means that - if yeast of T'rumah causes a dough of Chulin to rise (thereby rendering it forbidden to Zarim), and some of the dough now falls into another dough of Chulin and causes it to rise, it only renders it Asur if the yeast alone was sufficient to cause it to rise.
11)
(a)The third case in the Mishnah discusses Mayim She'uvim (drawn water) that falls into a Mikvah containing Kasher water. How much drawn water must fall into a Mikvah containing less than forty Sa'ah to render it Pasul?
(b)It will not render it Pasul however, if it falls into it by means of Hamshachah. What is Hamshachah?
(c)The Mishnah now rules that Mayim She'uvim only renders the Mikvah Pasul according to the Cheshbon. How much Kasher water must the Mikvah contain for the Mayim She'uvim not to invalidate it, even via 'Hamshachah'?
11)
(a)The third case in the Mishnah discusses Mayim She'uvim (drawn water) that falls into a Mikvah containing Kasher water. Three Lugin of Mayim She'uvim that fall into a Mikvah containing less than forty Sa'ah - render it Pasul.
(b)It will not render it Pasul however, if it falls into it by means of Hamshachah - (if it first flows along the ground before falling into the Mikvah).
(c)The Mishnah now rules that Mayim She'uvim only renders the Mikvah Pasul according to the Cheshbon, meaning that, even via Hamshachah, it will not invalidate the Mikvah - only if the Mikvah contains at least twenty-one Sa'ah of Kasher water to begin with.
12)
(a)The Gemara however, explains 'according to the Cheshbon' with reference to the number of vessels that are used to pour the three Lugin of Mayim She'uvim into the Mikvah. From how many vessels may it fall into the Mikvah for the Mikvah to become Pasul?
(b)The author of this leniency is Rebbi Yosef ben Choni. What do the Chachamim say?
(c)Like whom is the Halachah?
12)
(a)The Gemara however, explains 'according to the Cheshbon' with reference to the number of vessels that are used to pour the three Lugin of Mayim She'uvim into the Mikvah, and the Mikvah will only become Pasul - if it falls into it from three or Keilim or less (See Tosfos Yom Tov).
(b)The author of this leniency is Rebbi Yosef ben Choni. According to the Chachamim - the Mikvah is Pasul even if it falls into the Mikvah from more than four Keilim.
(c)The Halachah is - like the Chachamim (See Tosfos Yom Tov).
Mishnah 5
13)
(a)In preparing the ashes of the Parah Adumah, at which point do they become 'Mei Chatas'?
(b)What must one therefore pour first into the K'li?
(c)What if one places the ashes before the water?
(d)Then why does the Torah write in Chukas "ve'Nasan alav Mayim Chayim ... "?
(e)Why, in any event, can the Torah not mean that one pours the water on to the ashes?
13)
(a)In preparing the ashes of the Parah Adumah, they become 'Mei Chatas' - when one places them into the K'li.
(b)Consequently - one must first pour the water into the K'li and then the ashes.
(c)If one pours the ashes before the water - it is Pasul.
(d)And the reason that the Torah write in Chukas "ve'Nasan alav Mayim Chayim ... " is - to teach us that after placing the ashes inside the K'li, one must mix them (with one's finger).
(e)In any event, the Torah cannot mean that one pours the water on to the ashes - since it adds the words "el Keli", indicating that one pours the water into the K'li and not on to the ashes (See Tosfos Yom Tov).
14)
(a)What is a 'Beis ha'Peras'?
(b)What area did Chazal decree Tum'ah?
(c)What does the Tana mean when he says ...
1. ... that one Beis ha'Peras does not make another Beis ha'Peras?
2. ... there is no T'rumah after T'rumah?
14)
(a)A 'Beis ha'Peras' is - a field in which one dug up a grave.
(b)The Chachamim decreed Tum'ah on an area of a hundred Amos from the grave in all directions (See also Tosfos Yom Tov).
(c)When the Tana says that ...
1. ... one Beis ha'Peras does not make another Beis ha'Peras, he means that - they only decreed on the one field in which the grave was found, and it is not necessary to examine the neighboring fields in case the plow transported bones to them as well.
2. ... there is no T'rumah after T'rumah he means that - if two partners designated T'rumah from their field one after the other, then neither T'rumah is valid (See Tosfos Yom Tov).
15)
(a)What is the reason for the previous ruling?
(b)The author of this Mishnah is Rebbi Akiva. What do the Chachamim say?
(c)Like whom is the Halachah?
15)
(a)The reason for the previous ruling is - because both partners indicated that they did not agree with the other's designation (and T'rumah that is taken without the consent of the owner is not valid).
(b)The author of this Mishnah is Rebbi Akiva. The Chachamim however, say that - if the first partner designated the average Shi'ur of one fiftieth, then his T'rumah is valid, whereas if he designated the miserly Shi'ur of a sixtieth, then the T'rumah of the second partner (too [See Tosfos Yom Tov, end of DH 've'Lo T'rumah achar T'rumah']) is valid.
(c)The Halachah is - like the Chachamim.
16)
(a)Based on the Pasuk "u'Temuraso Yih'yeh Kodesh", what does the Tana say about one Temurah making another Temurah?
(b)And what does he learn from the word "Hu" in the Pasuk "ve'Hayah Hu u'Temuraso Yih'yeh Kodesh"?
(c)What does Rebbi Yehudah learn from the word "Yih'yeh" in the same Pasuk?
16)
(a)Based on the Pasuk "u'Temuraso Yih'yeh Kodesh", the Tana rules that - one Temurah cannot make another Temurah.
(b)And from the word "Hu" in the Pasuk "ve'Hayah Hu u'Temuraso Yih'yeh Kodesh", he learns that - only the Hekdesh animal itself can make a Temurah, but not its baby.
(c)Rebbi Yehudah however, learns from the word "Yih'yeh" in the same Pasuk that - the baby of Hekdesh too can make a Temurah.
17)
(a)The Chachamim reiterate that Hekdesh can make a Temurah, but not the baby of Hekdesh and not a Temurah. What do they learn from the word "Yih'yeh"?
(b)What is the case of Shogeg?
(c)Why might we have thought otherwise?
(d)Like whom is the Halachah?
(e)What do the Chachamim say about making a number of Temuros against a Temurah ...
1. ... in one go?
2. ... one after the other?
17)
(a)The Chachamim reiterate that Hekdesh can make a Temurah, but not the baby of Hekdesh and not a Temurah. And from the word "Yih'yeh" they learn that - if one declares a Temuah be'Shogeg it takes effect ...
(b)... where he designates for example, a white animal when he intended to designate a black one.
(c)We might have thought otherwise - because by the initial Hekdesh we rule that 'Hekdesh be'Ta'us Lo havi Hekdesh'.
(d)The Halachah is - like the Chachamim.
(e)They concede however that - one can make a number of Temuros against a Temurah, both ...
1. ... in one go and ...
2. ... one after the other.
Mishnah 6
18)
(a)What does the Mishnah learn from the words "Beheimah bi'Veheimah" in the Pasuk "ve'Im Hamer Yamir Beheimah bi'Veheimah"?
(b)What dual Halachah does the Tana learn from the Pasuk "Lo Yamir oso" (in the singular)?
(c)And what does he learn from the fact that the Torah writes "Korban" in connection with Temurah?
18)
(a)The Mishnah learns from the words "Beheimah bi'Veheimah" in the Pasuk "ve'Im Hamer Yamir Beheimah bi'Veheimah" that - only animals can make a Temurah, but not birds and Menachos.
(b)The Tana learns from the Pasuk "Lo Yamir oso" (in the singular) that - a Tzibur and Shutfim cannot make a Temurah.
(c)And from the fact that the Torah writes "Korban" in connection with Temurah, he learns that - Korbanos Bedek ha'Bayis (See Tosfos Yom Tov) which are not called Kodshim, cannot make a Temurah either.
19)
(a)Rebbi Shimon learns some of the above rulings from Ma'aser Beheimah. On what grounds does he learn the Dinim of Temurah from Ma'aser Beheimah?
(b)What does he learn regarding Ma'aser Beheimah, from the word "lach" (in the singular [in the Pasuk in Korach "asher Yih'yeh lach)"?
(c)What does he also learn from there in connection with Temurah regarding Kodshei Bedek ha'Bayis?
(d)How does he reconcile this with the Pasuk in Matos "va'Nakrev es Korban Hash-m Ish asher Matza K'li Zahav", where we see that Kodshei Bedek ha'Bayis are called Korban?
(e)How do the Chachamim reconcile their statement earlier (that Bedek ha'Bayis is not called 'Kodshim') with that Pasuk?
19)
(a)Rebbi Shimon learns some of the above rulings from Ma'aser Beheimah (See Previous Tosfos Yom Tov & the current one) - because the Torah inserts the Din of Temurah there as well.
(b)Regarding Ma'aser Beheimah he learns from the word "lach" (in the singular [in the Pasuk in Korach "asher Yih'yeh lach)" that - only a Korban Yachid can make a Temurah.
(c)He also learns from there - that Kodshei Bedek ha'Bayis cannot make a Temurah either.
(d)He reconciles this with the Pasuk in Matos "va'Nakrev es Korban Hash-m Ish asher Matza K'li Zahav" (where we see that Kodshei Bedek ha'Bayis are called Korban) - by differentiating between Korban Hash-m and Korban Mizbe'ach.
(e)The Chachamim reconcile their statement earlier (that Bedek ha'Bayis is not called Korban') with that Pasuk - by differentiating between "Korban Hash-m" (which Bedek ha'Bayis is called) and 'Korban la'Hashem' (which they never are).
