12TH CYCLE DEDICATION

BECHOROS 57 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

1)

(a)The Mishnah writes that all animals enter the pen to have Ma'aser taken from them except for five. Three of the five are Kil'ayim (born from a sheep and a goat), T'reifah and Yotzei Dofen (one born by caesarian section). What are the other two?

(b)What is the definition of 'Yasom'?

(c)What does Rebbi Yehoshua say?

1)

(a)The Mishnah writes that all animals enter the pen to have Ma'aser taken from them except for five: il'ayim (born from a sheep and a goat), T'reifah, Yotzei Dofen (one born by caesarian section) - Mechusar Z'man (before the eighth day) and Yasom ...

(b)... one whose mother died or was Shechted before it is born.

(c)According to Rebbi Yehoshua - as long as the baby is born before the mother's skin has been removed, it is subject to Ma'aser.

2)

(a)In the Pasuk in Emor "Shor O Kesev O Eiz ... "), what do we learn (in connection with their subjectivity to Kodshim) from the words ...

1. ... "Shor O Kesev"?

2. ... "O Eiz"?

3. ... "ki Yivaled"?

4. ... "Vehayah Shiv'as Yamim"?

5. ... "Tachas Imo"?

(b)What does Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah learn from the ...

1. ... Gezeirah-Shavah "Tachas ha'Sheivet" (in connection with Ma'aser Beheimah) "Tachas Imo"?

2. ... same Gezeirah-Shavah but the other way round (Kodshim from Ma'aser)?

2)

(a)In the Pasuk in Emor "Shor O Kesev O Eiz ... "), we learn (in connection with their subjectivity to Kodshim) from the words ...

1. ... "Shor O Kesev" - 'P'rat le'Kil'ayim'.

2. ... "O Eiz" - 'P'rat le'Nidmeh'.

3. ... "ki Yivaled" - 'P'rat le'Yotz'ei Dofen'.

4. ... "Vehayah Shiv'as Yamim" - 'P'rat le'Mechusar Z'man'.

5. ... "Tachas Imo" - 'P'rat le'Yasom'.

(b)Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah learns from the ...

1. ... Gezeirah-Shavah "Tachas ha'Sheivet" (in connection with Ma'aser Beheimah) "Tachas Imo" - that the same applies to Ma'aser Beheimah.

2. ... same Gezeirah-Shavah but the other way round - that T'reifah is not subject to Kodshim just like it is not subject to Ma'aser (since it cannot walk into the pen, as we learned earlier).

3)

(a)How many pairs of animals does the Beraisa include in the Chiyuv Ma'aser Beheimah based on the word 'all' in our Mishnah?

(b)If four of the cases are an animal that raped, one that has been designated for idolatry, one that one gave to a prostitute for her services and a Tumtum, what are the remaining four?

(c)What does Rebbi Shimon ben Yehudah in the name of Rebbi Shimon say about Tumtum and Androginus?

(d)What problem do we have with the Tana of our Mishnah, bearing in mind that all the cases listed in the Beraisa are disqualified from the realm of Kodshim?

3)

(a)Based on the word 'all' in our Mishnah, the Beraisa includes - four pairs of animals in the Chiyuv of Ma'aser Beheimah.

(b)If four of the cases are an animal that raped, one that has been designated for idolatry, one that one gave to a prostitute for her services and a Tumtum, the remaining four are - an animal that was raped, one that was actually worshipped, one that was exchanged for a dog and an Androginus.

(c)Rebbi Shimon ben Yehudah in the name of Rebbi Shimon - precludes Tumtum and Androginus too from the realm of Ma'aser.

(d)The problem with the Tana of our Mishnah, bearing in mind that all the cases listed in the Beraisa are disqualified from the realm of Kodshim is - that if he learns the Gezeirah-Shavah "Tachas" "Tachas", then he ought to preclude them too; whereas if he doesn't, from what is his source for precluding the list in the Mishnah.

4)

(a)We conclude that the Tana of our Mishnah holds of the Gezeirah-Shavah ("Tachas" "Tachas"). Then on what basis does he not preclude Tumtum and Androginus from the realm of Ma'aser (based on the Pasuk in Emor " ... ki Moshchasam bahem Mum bam")?

(b)The basis for this is a Tana de'bei Rebbi Yishmael. What does Tana de'bei Rebbi Yishmael say based on the Pasuk ...

1. ... in Bereishis " ... ki Hishchis Kol Basar es Darko al ha'Aretz"?

2. ... in Va'eschanan "Pen Tashchisun Va'asisem lachem Pesel Temunas Kol Samel ... "?

4)

(a)We conclude that our Mishnah holds of the Gezeirah-Shavah ("Tachas" "Tachas"), and the reason that it does not preclude the cases in the Beraisa from the realm of Ma'aser is - because the Torah specifically includes them, based on the Pasuk in Emor " ... ki Moshchasam bahem Mum bam" (as we shall now see).

(b)The basis for this in turn, is a Tana de'bei Rebbi Yishmael, who learns from the Pasuk ...

1. ... in Bereishis " ... ki Hishchis Kol Basar es Darko al ha'Aretz - that the term Hashchasah applies to D'var Ervah (immorality).

2. ... in Va'eschanan "Pen Tashchisun Va'asisem lachem Pesel Temunas Kol Samel ... " - that it also applies to Avodah-Zarah. Wherever the Torah uses the term 'Hashchasah', it implies either Z'nus (immorality) or Avodah-Zarah.

5)

(a)What principle emerges from these two D'rashos?

(b)How does this tie up with the Pasuk that we quoted earlier " ... ki Moshchasam bahem Mum bam"?

(c)From where do we know that Ma'aser Beheimah applies even to a blemished animal?

(d)How does this now explain the Tana's omission of Tumtum and Androginus from the list in our Mishnah?

5)

(a)The principle that emerges from these two D'rashos is - that wherever we find a Lashon of 'Hashschasah' in the Torah, it pertains either to a D'var Ervah or to Avodah-Zarah.

(b)This ties up with the Pasuk that we quoted earlier " ... ki Moshchasam bahem Mum bam" inasmuch as - wherever a blemish does not disqualifies, neither does a D'var Ervah or Avodah-Zavah.

(c)We know that Ma'aser Beheimah applies even to a blemished animal - from the Pasuk in Bechusai "Lo Yevaker bein Tov le'Ra ... ".

(d)Consequently, the Tana's omits Tumtum and Androginus from the list in our Mishnah - because, since a Ba'al-Mum is not Pasul, all cases connected with D'var Ervah or Avodah-Zarah are not Pasul either.

6)

(a)This explains 'Rove'a , Nirva and Esnan (D'var Ervah), and 'Muktzah ve'Ne'evad' (Avodah-Zarah). But why is M'chir Kelev not included in the list of animals that are disqualified?

(b)What is then the basis of the Machlokes between the Tana of our Mishnah (who does not disqualify a Tumtum and Androginus) and Rebbi Shimon ben Yehudah (who does)?

(c)What is the reason of ...

1. ... the Tana Kama?

2. ... the latter?

(d)From where does he know that it extends to Ma'aser, too?

6)

(a)This explains 'Rove'a , Nirva and Esnan (D'var Ervah), and 'Muktzah ve'Ne'evad' (Avodah-Zarah). M'chir Kelev is not included in the list of animals that are disqualified - because the Torah compares to Esnan.

(b)The basis of the Machlokes between the Tana of our Mishnah (who does not disqualify a Tumtum and Androginus) and Rebbi Shimon ben Yehudah (who does) is - whether they are a Safek (the Tana Kama) or an independent species (Rebbi Shimon).

(c)The reason of ...

1. ... the Tana Kama is - because Mah Nafshach, a Safek is either one or the other, and both are subject to Ma'aser Beheimah.

2. ... the latter is - due to the fact that the Torah requires Kodshim to be either a male or female.

(d)And he learns that it extends to Ma'aser Beheimah from a Binyan Av from Kodshim.

7)

(a)In another Beraisa, the Tana Kama (Rebbi Elazar Ish K'far Bartosa in the name of Rebbi Yehoshua) requires all animals to enter the pen to be Ma'sered except for two. Which two?

(b)What does Rebbi Akiva say that he heard from Rebbi Yehoshua?

(c)Like which Tana cited earlier doe Rebbi Akiva hold?

(d)What problem do we have with the Tana Kama?

(e)Why is T'reifah not really a problem?

7)

(a)In another Beraisa, the Tana Kama (Rebbi Elazar Ish K'far Bartosa in the name of Rebbi Yehoshua) requires all animals to enter the pen to be Ma'sered except for - Kil'ayim and T'reifah.

(b)According to Rebbi Akiva Rebbi Yehoshua - also included Yotzei Dofen, Mechusar Z'man and Yasom ...

(c)... like the Tana of our Mishnah.

(d)The problem with the Tana Kama is 'Mah Nafshach, if he holds of the Gezeirah-Shavah ("Tachas" "Tachas"), why does he not also preclude the latter three, whereas if he doesn't, from where does he learn Kil'ayim and T'reifah.

(e)T'reifah is not really a problem - because we know it from the Pasuk ("Kol asher Ya'avor Tachas ha'Sheivet") itself (since some T'reifos are unable to do that).

8)

(a)We conclude that the Tana Kama too, learns Kil'ayim from the Gezeirah-Shavah, and that he holds by Yotzei Dofen like Rebbi Shimon and by Mechusar Z'man like Rebbi Shimon ben Yehudah. What does Rebbi ....

1. ... Shimon say about Yotzei Dofen?

2. ... Rebbi Shimon ben Yehudah say about Mechusar Z'man?

(b)Why does his first answer not go like Rebbi Yochanan? How does Rebbi Yochanan qualify Rebbi Shimon's ruling Yotzei Dofen?

(c)And, bearing in mind that the Tana Kama is quoting Rebbi Yehoshua, how does he explain the fact that a Yasom is not disqualified from Ma'aser?

8)

(a)We conclude that the Tana Kama too, learns Kil'ayim from the Gezeirah-Shavah, and that he holds by Yotzei Dofen like ....

1. ... Rebbi Shimon, who says - that has the same Din as a regular baby (as we learned in the previous Perek)., and by Mechusar Z'man like ...

2. ... Rebbi Shimon ben Yehudah, who says - that Mechusar Z'man enters the pen to be Ma'asered (Ibid.).

(b)His first answer does not go like Rebbi Yochanan - in whose opinion, Rebbi Shimon's ruling in this regard does not pertain to Kodshim.

(c)And, bearing in mind that the Tana Kama is quoting Rebbi Yehoshua, he explains the fact that a Yasom is not disqualified from Ma'aser - by establishing it where the skin is still intact, and Rebbi Yehoshua simply follows his own reasoning (at th end of our Mishnah).

57b----------------------------------------57b

9)

(a)What did Rebbi Yishmael ben Sasriel from Orkas Leveinah tell Rebbi that they used to do regarding a sheep that died just before giving birth?

(b)What did Rebbi comment?

(c)And what did he mean when he stated that the Chazirim in his town had six hundred thousand scales on its Beis-Hemses?

(d)What did the same Tana say about a cedar-tree that fell in his town? How many wagons side by side rode across it as it lay flat on the ground?

9)

(a)Rebbi Yishmael ben Sasriel from Orkas Leveinah old Rebbi that they used to - strip the coat of wool from a sheep that died just before giving birth, and covered the baby that was subsequetly born, and it lived.

(b)Rebbi commented - that this was clearly the reason of Rebbi Yehoshua in our Mishnah.

(c)And when he stated that the Chazirim in his town had six hundred thousand scales on its Beis-Hemses, he meant - that the innermost leaves of lettuce in his town numbered six hundred thousand.

(d)The same Tana said that when a cedar-tree fell in his town - sixty wagons side by side rode across it as it lay flat on the ground.

10)

(a)He also spoke of a bird (a bar Yuchni) that dropped a gigantic- size egg. How many ...

1. ... cities did it destroy?

2. ... cedars did it break?

(b)What does the Pasuk say in Iyov that poses a Kashya on Rebbi Yishmael ben Sasriel's statement?

(c)How does Rav Ashi answer the Kashya?

10)

(a)He also spoke of a bird (a bar Yuchni) that dropped a gigantic- size egg, which ...

1. ... destroyed sixty cities and ...

2. ... broke three hundred cedars.

(b)The Pasuk in Iyov describes - how the bar Yuchni is able to carry a huge size egg without dropping it, posing a Kashya on Rebbi Yishmael ben Sasriel's statement.

(c)Rav Ashi answers - that the egg in question was spoilt and could not hatch.

11)

(a)What does the Mishnah mean when it says that there are three G'ranos for Ma'aser Beheimah each year?

(b)Rebbi Akiva gives the three G'ranos as 'Pras ha'Pesach, P'ras ha'Atzeres and P'ras ha'Chag'. What does 'Pras' mean?

(c)What is the Torah-law regarding Shechting and eating new-born animals before Ma'aser Behemah has been taken?

11)

(a)When the Mishnah says that there are three G'ranos for Ma'aser Beheimah each year, it means - that the Chachamim fixed three official times for Ma'aser Beheimah.

(b)Rebbi Akiva gives the three Geranos as 'Pras ha'Pesach, P'ras ha'Atzeres and P'ras ha'Chag'. 'Pras' means 'half', as the Gemara will explain.

(c)Min ha'Torah - one is permitted to Shecht and eat new-born animals before Ma'aser Behemah has been taken.

12)

(a)According to Rebbi Elazar and Rebbi Shimon, the three G'ranos take place on the first of Nisan, the first of Sivan and the twenty-ninth of Ellul. What does the Mishnah comment on this last date?

(b)What is the reason for the prohibition?

12)

(a)According to Rebbi Elazar and Rebbi Shimon, the three G'ranos take place on the first of Nisan, the first of Sivan and the twenty-ninth of Ellul. The Mishnah comments on this last date - that in reality, it ought to be on the first of Tishri, only they brought it forward one day, since one is not permitted to Ma'aser on Rosh ha'Shanah ...

(b)... since it entailed slapping a blob of paint on every tenth animal's back.

13)

(a)What date does Rebbi Meir give as 'Rosh ha'Shanah for Ma'aser Beheimah?

(b)What are the ramifications of this ruling?

(c)What does ben Azai say about the all the lambs that are born in Ellul?

(d)With which of the earlier Tana'im does the ruling of the Mishnah concur, that all the animals that are born between the first of Tishri and the twenty-ninth of Ellul?

13)

(a)Rebbi Meir gives the date of 'Rosh ha'Shanah for Ma'aser Beheimah as the first of Ellul.

(b)The ramifications of this ruling are - that one cannot mix animals that have been born before that date together with those that are born after it in the same pen.

(c)What does ben Azai rules that all the lambs that are born in Ellul - must be Ma'asered independently.

(d)The ruling of the Mishnah that all the animals that are born between the first of Tishri and the twenty-ninth of Ellul - concurs with Rebbi Elazar and Rebbi Shimon who declare the first of Tishri as Rosh ha'Shanah for Ma'aser Beheimah.

14)

(a)What does the Mishnah rule in a case where five animals are born before ...

1. ... Rosh ha'Shanah and five after it?

2. ... the Goren and five after it?

(b)What is then the purpose of the three G'ranos that the Chachamim fixed?

(c)What if one did sell or Shecht an animal after the time of the Goren before having Ma'asered the animals?

14)

(a)The Mishnah rules in a case where five animals are born before ...

1. ... Rosh ha'Shanah and five after it - that the two cannot combine.

2. ... the Goren and five after it - that they can.

(b)... and the purpose of the three G'ranos that the Chachamim fixed is - to discourage selling or Shechting one's animals once those dates arrive ...

(c)... though if one did sell or Shecht an animal after the time of the Goren before having Ma'asered the animals - one has not transgressed.

15)

(a)We ask why the Chachamim fixed three G'ranos for Ma'aser Beheimah, and why on the three dates specified in our Mishnah. How does ...

1. ... Rabah bar Shiloh answer the first question?

2. ... Rebbi Tanchum b'reih de'Rav Chiya Ish K'far Ako answer the second?

(b)What is the point of decreeing times for the Goren, whilst still allowing the people to sell and Shecht the animals anyway?

(c)Why did they refer to the three times as 'G'ranos'?

15)

(a)In answer to the question as to why the Chachamim fixed ...

1. ... three G'ranos for Ma'aser Beheimah, Rabah bar Shiloh answers - that they correspond to the sheep that give birth early, those that give birth at the regular time and those that give birth late.

2. ... specifically those dates, Rebbi Tanchum b'reih de'Rav Chiya Ish K'far Ako answers - so that there should be many animals available for the Olei Regel, who are on their way to Yerushalayim for Yom-Tov.

(b)The Chachamim decreed times for the Goren, whilst still allowing the people to sell and Shecht the animals anyway - because the people will happily comply, in order to perform a Mitzvah with their money before selling and eating the animals.

(c)They refered to the three times as 'G'ranos' - due to the similarity to the Mitzvah of Ma'asering the corn (min ha'Torah) which took effect in the granary, and which transformed the corn into Tevel.

16)

(a)How does Rebbi Yossi b'Rebbi define 'P'ras' (in its current context)?

(b)How does Rebbi Avahu translate it?

(c)To explain what fifteen days is a half of, we cite a Beraisa in connection with asking about Hilchos Pesach and Darshening them. What does ...

1. ... the Tana Kama say there?

2. ... Raban Shimon ben Gamliel hold?

16)

(a)Rebbi Yossi b'Rebbi define 'P'ras' (in its current context) - as not less than fifteen days.

(b)... and which Rebbi Avahu translates as 'half'.

(c)To explain what fifteen days is a half of, we cite the Beraisa,which obligates asking about Hilchos Pesach and Darshening them prior to Pesach ... according to ...

1. ... the Tana Kama - thirty days.

2. ... Raban Shimon ben Gamliel - fifteen.

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