DOES THE HALACHAH FOLLOW OUR MISHNAH?
(Rav): Our Mishnah is wrong (regarding the opinion of R. Yosi), because a Beraisa teaches differently.
(Beraisa - R. Yosi): An Androginus is a species unto himself. Chachamim did not conclude if he is a male or female.
Objection: Rather, we should rely on the Mishnah and say that the Beraisa is wrong!
Answer: In the Mishnah, R. Yosi agreed with R. Shimon. In the Beraisa, R. Yosi speaks alone. This shows that he retracted from what he said in the Mishnah. (Nimukei Yosef - if the Tana of the Beraisa held that R. Shimon agrees with R. Yosi, he would have cited both of them. Rather, he holds that R. Shimon argues. (He did not need to explain R. Shimon, for the Mishnah did. He just comes to teach that R. Yosi retracted - PF.))
(Shmuel): The Halachah does not follow the Beraisa, for the Mishnah teaches differently.
Question: Shmuel should say the opposite, that the Halachah follows the Beraisa against the Mishnah, since Shmuel is concerned for the opinion of an individual!
Answer: He is concerned only when this does not uproot a Mishnah.
PLACES WHERE THE HALACHAH FOLLOWS R. YOSI
(Bei Rav citing Rav): The Halachah follows R. Yosi regarding Androginus (like above) and grafting (this will be explained).
(Shmuel): The Halachah follows R. Yosi regarding birthpangs and Kidush (becoming Asur due to Kil'ayim).
Grafting - (Mishnah): In the year before Shemitah, we do not plant, insert shoots into the ground, or graft 30 days before Rosh Hashanah. If one did, he must uproot it;
R. Yehudah says, any grafting that is not absorbed within three days will never be absorbed;
R. Yosi and R. Shimon say, two weeks are required.
(Rav Nachman): The opinion that says 30 days requires 30 (days for absorption) and 30 (days before Rosh Hashanah due to Tosefes Shevi'is. Some Isurim of Shemitah apply to the end of the sixth year);
The opinion that says three days requires three (days for absorption) and 30 (days for Tosefes Shevi'is). The last opinion requires two weeks and 30 (days).
Shmuel taught that the Halachah follows R. Yosi regarding birthpangs and Kidush.
Birthpangs - (Mishnah) Question: For how long before a birth do we attribute blood that accompanies labor pains to the birth (so it does not make her Yoledes b'Zov)?
Answer #1 (R. Meir): It is for 40 or 50 days;
Answer #2 (R. Yehudah): It is from the beginning of the month of the birth;
Answer #3 (R. Yosi and R. Shimon): It is no more than two weeks.
Kidush - (Mishnah - R. Meir): If one draped his vine over his neighbor's grain, he forbids it and must pay;
R. Yosi and R. Shimon say, a person cannot forbid what is not his.
Question: How does Shmuel rule regarding Androginus?
Answer: Shmuel told Rav Anan that because of the Mishnah we do not rule like the Beraisa.
Question: How does Shmuel rule regarding grafting?
Answer: Shmuel told Rav Anan like the opinion that says three and 30 days.
Question: How does Rav rule regarding birthpangs?
This question is unresolved.
Question: How does Rav rule regarding Kidush?
Answer (Rav Yosef): Rav Huna said in the name of Rav that the Halachah does not follow R. Yosi.
Objection (Abaye): Why rely on that? Rav Ada said that Rav rules like R. Yosi!
Answer: Our question was according to Bei Rav, which refers to Rav Huna!
CHALITZAH OF A TUMTUM
(Mishnah): R. Yehudah says, a Tumtum (who was found to be a male... is like a Seris)....
Question (R. Ami): How will R. Yehudah explain the Tumtum of Biri? His covering was torn and he had seven children!
Answer: R. Yehudah says that he did not father those children.
(Beraisa - R. Yosi b'Rebbi Yehudah): A Tumtum does not do Chalitzah, lest he be torn and it is found that a Seris Chamah did Chalitzah.
Objection: Why is this the only concern? (Perhaps 'he' is a female!)
Correction: Rather, we are concerned lest he be torn and found to be a female, and even if he is a male, lest he be found to be a Seris Chamah.
Question: How is this different than R. Yehudah?
Answer (Rava): They argue about forbidding other brothers to do Yibum, and doing Chalitzah when there are no other brothers. (R. Yehudah holds that he definitely a female or a Seris Chamah, so in any case his Chalitzah has no effect.)
(Rav Shmuel bar Yehudah): One is Chayav Skilah for Bi'ah with an Androginus in either of his openings.
Question (Beraisa - R. Eliezer): One is Chayav Skilah for Bi'ah with an Androginus like with a male;
This applies to Bi'ah in the opening that even males have (the anus). One is exempt for Bi'ah in the place of his female genitals.
Answer: Rav rules like the following Tana.
(Beraisa - R. Simai): One is liable to be stoned for Bi'ah with an Androginus in either opening.
Question: What is R. Simai's reason?
Answer (Rava): "Do not lie with a male like lyings with a woman" refers to an Androginus, with whom one can lie in two ways.
Chachamim say, even though there are two ways to lie with him, "Es Zachar" teaches that one is liable only like with a (normal) male.
Question: What is Chachamim's source forbidding Mishkav Zachar with a regular man?
Answer: They learn from "V'Es" (Bach's text).
Question: What is the source that Bi'ah Lo k'Darkah with a woman is considered Bi'ah?
Answer: We learn from "(Mishkevei) Ishah".
(Rav Shizbi): R. Eliezer does not consider an Androginus to be a proper male, for if so an Androginus animal could become a Korban!
Question: How do we know that it cannot be a Korban?
Answer #1 (Beraisa): Any of the following birds (is Pasul for a Korban. If it was offered, it is a Neveilah (it died through Melikah, which is not Shechitah), so it) is Metamei one who eats it and his clothes:
A bird that had Bi'ah with a man;
One that was designated to be offered to idolatry or was worshipped;
One that was given to a harlot for her services or was exchanged for a dog;
A Tumtum or Androginus;
R. Eliezer says, if it was a Tumtum or Androginus his clothes do not become Tamei;
R. Eliezer says, wherever it says "Male" or "female" (e.g. by animal Korbanos), this excludes Tumtum and Androginus. The Torah does not specify the gender of birds, so Tumtum and Androginus are not excluded.