1)

(a)The Mishnah permits one to 'cheat' (Ma'arimin [See Tosfos Yom Tov]) regarding a B'chor Beheimah before it is born - by declaring it an Olah (See Tosfos Yom Tov) should it turn out to be a male.

(b)Kedushas Olah overrides the Din of B'chor - because Kedushas B'chor only takes effect after it is born ('Kadosh me'Rechem' [See Tosfos Yom Tov]).

2)

(a)The Tana adds that if the owner declares 've'Im Nekeivah, Zivchei Shelamim', then he brings the baby as a Shelamim. This cannot pertain to a firstborn fetus - since a female animal does not have the Kedushah of a B'chor.

(b)It must therefore pertain - to the fetus of a Chatas ...

(c)Kedushas Shelamim overrides the Kedushas Chatas of the mother - because here too, the Kedushah of the mother only takes effect on the baby after it is born.

(d)The owner would want to do this - in order to avoid the baby having to die.

(e)Finally, in a case where the owner declares 'Im Zachar, Olah; Im Nekeivah, Shelamim', the Tana rules that - if the mother gives birth to male and female twins, then the male baby is brought as an Olah (See Tosfos Yom Tov & Hagahos Rashash) and the female, as a Shelamim.

3)

(a)If, in ...

1. ... the first case in the previous Mishnah, the animal gives birth to two male babies - the owner must bring one of them as an Olah and use the proceeds of the other one, which he sells, to purchase a second Olah (See Hagahos ha'Rashash).

2. ... the second case, it gives birth to two female babies - he does the same thing, only switching Olah for Shelamim.

(b)These cases must be speaking where the mother is a Chulin animal - because if it was Hekdesh, then the second baby would be an Olah (in the first case) and a Shelamim (in the second), like their respective mothers.

4)

(a)In a case where the mother gives birth to a Tumtum or an Androginus (See Tiferes Yisrael), Rabban Shimon ben Gamliel rules that - Kedushah does not take effect on the babies (See Tosfos Yom Tov).

(b)According to the Chachamim - it adopts the Kedushah of its mother.

(c)The Halachah is - like the Chachamim.

5)

(a)Rebbi Meir rules in a case where someone declares on a pregnant animal ...

1. ... 'V'ladah shel Zu Olah ve'Hi Shelamim' - 'Devarav Kayamin' (and the baby is an Olah).

2. ... 'Hi Shelamim u'Veladah Olah' - that the baby is a Shelamim ...

(b)... because when he said 'Hi Shelamim', the V'lad is automatically a Shelamim too, and he cannot retract.

(c)Rebbi Meir's rulings are based on the principle - 'T'fos Lashon Rishon'.

(d)The principle 'be'Havayasan hein Kedoshim ve'Lo be'Me'ei Iman' is not applicable here - because it is confined to a Kodshim animal that became pregnant after it was declared Kodshim, whereas in this case, the animal was already pregnant at the time of the declaration (See Tosfos Yom Tov).

6)

(a)In the latter case of Rebbi Meir, assuming that he initially meant to declare the V'lad an Olah, Rebbi Yossi says, that - his words are effective (and the V'lad is an Olah).

(b)He will concede that the V'lad is a Shelamim however - if he intended to change his mind.

(c)Rebbi Yossi's ruling is based on the principle that 'Af bi'Gemar Devarav Adam Nitfas'.

(d)The logic behind the principle is that - since a person cannot possible make the two statements simultaneously (as he intended), we accept them both as if he had.

(e)Rebbi Yossi does not apply the principle of 'Toch k'dei Dibur' (which allows a person to retract within the period tat it takes to say 'Shalom aleichem Rebbi u'Mori') - because this is one of the six exceptions to that rule, as we will now see.

7)

(a)If we divide the six exceptions to the principle of 'Toch k'dei Dibur' into three pairs, besides ...

1. ... Makdish one cannot retract - from Meimar (declaring a Temurah) ...

2. ... Megadef (cursing Hash-m Kevayachol) - from Oveid Avodah-Zarah ...

3. ... Mekadesh (betrothal) - from Megaresh.

(b)In the Machlokes between Rebbi Meir and Rebbi Yossi in both this Mishnah and the next, the Halachah is - like Rebbi Yossi.

8)

(a)In a case where someone declares 'Harei Zu Temuras Olah u'Temuras Shelamim', Rebbi Meir repeats his previous ruling. We amend the words 'u'Temuras Shelamim' - to 'Temuras Shelamim'

(b)Unless the owner actually changed his mind, Rebbi Yossi rules - 'Devarav Kayamin' ...

(c)... and after grazing in the meadow until it obtains a Mum, the animal must be sold and half the proceeds used to purchase an Olah and the other half, to purchase a Shelamim.

(d)For both Kedushos to take effect, we must add that - the Olah and the Shalamim on which he is being Meimir were standing in front of him at the time of the declaration.

9)

(a)If, as Rebbi Yossi says, the owner intended both Kedushos to take effect, the reason that he said the word 'Temuras' twice is because he thought that if he said 'Temuras Olah u'Shelamim' - the animal would become a Temurah, but would not go on the Mizbe'ach ...

(b)... though he was not correct in thinking that (See Tosfos Yom Tov).

10)

(a)The Mishnah rules that if someone declares ...

1. ... 'Zu Temuras Zu', or ...

2. ... 'Zu Tachas Zu or 'Zu Chalipas Zu' - his declaration is effective, but that if he says ...

3. ... 'Zu Mechuleles al Zu' - it is not ...

(b)... because 'Mechuleles' implies that the Hekdesh goes out to Chulin (which a Kodshim animal that is Tamim does not).

(c)'Zu Mechuleles al Zu' will take effect however - if the Hekdesh animal is a Ba'al-Mum.

(d)It is effective even if the second animal is worth less than the first one - based on the principle 'Hekdesh Shaveh Manah she'Chil'lah al Shaveh P'rutah, Mechulal'.

11)

(a)In the previous case, the Rabbanan nevertheless obligate him - to pay the difference in value between the first and second animal.

(b)He is not Chayav to do so mi'd'Oraysa - because the Din of Ona'ah (overcharging) does not apply to Hekdesh ...

(c)... based on the Pasuk in B'har "ve'Lo Sonu Ish es Achiv" - from which we extrapolate "'Achiv" 've'Lo 'Hekdesh'.

12)

(a)If the owner declares 'Harei Zu ...

1. ... Tachas Chatas' or 'Tachas Olah' - his words are ineffective, but if he declares ...

2. ... Tachas Chatas Zu' or 'Tachas Olah Zu' (See Tosfos Yom Tov) - they take effect.

3. ... Tachas Chatas' or 'Tachas Olah, she'Yesh li b'Soch ha'Bayis' - his words are effective provided he actually has one.

(b)We learn the first two rulings from the Pasuk in Bechukosai "Lo Yachlife*nu* ve'Lo Yamir oso" - which teaches us that he must have a specific Hekdesh animal there for the Temurah to take effect on.

(c)Moreover, in the second case - the initial Hekdesh animal must be in front of him when he makes his declaration.

(d)And the Tana finally says that, in a case where the owner declares on a Beheimah Teme'ah or on a Ba'alas-Mum ...

1. ... 'Harei Eilu Olah' - his words are ineffective.

2. ... 'Harei Eilu le'Olah' - he must sell them and with the proceeds, he must purchase an Olah.