1)

HOW AN ANIMAL BECOMES MU'AD (Yerushalmi Perek 4 Halachah 2 Daf 19a)

îúðé' ùåø ùäåà îåòã ìîéðå åàéðå îåòã ìùàéðå îéðå îåòã ìàãí åàéðå îåòã ìáäîä îåòã ì÷èðéí åàéðå îåòã ìâãåìéí ìîéï ùäåà îåòã ìå îùìí ðæ÷ ùìí åìîéï ùàéðå îåòã ìå îùìí çöé ðæ÷

(a)

(Mishnah): If an ox that is Mu'ad to gore oxen and it is not Mu'ad to gore other animals, or it is Mu'ad to gore people and it is not Mu'ad for animals, or it is Mu'ad to gore small animals and it is not Mu'ad for big animals - for what it is Mu'ad, it pays full damage, and for what it is not Mu'ad, it pays half damage.

àîøå ìôðé ø' éäåãä äøé äåà îåòã áùáúåú åàéðå îåòã áéîåú äçåì

(b)

Talmidim (to R. Yehudah): (What is the law of) an ox Mu'ad to gore on Shabbos, and it is not Mu'ad during on weekdays?

àîø ìäï áùáúåú îùìí ðæ÷ ùìí åáéîå' äçåì îùìí çöé ðæ÷

(c)

R. Yehudah: It pays full damage for goring on Shabbos, and half-damage on a weekday.

îàéîúé äåà úí îùéçæåø áå ùìùä éîé ùáúåú:

1.

When does it become Tam again? It is after it refrains [from goring on] three [consecutive] Shabbosos.

âî' îëéåï ùäøâ àãí àçã àéðå îåòã.

(d)

(Gemara) Question: Once it killed a person is it not [killed immediately, like] a Mu'ad? (How can an animal become Mu'ad for people?)

øá àîø áùäøâ ùìùä òëå''í.

(e)

Answer (Rav): It killed three Nochrim.

øáé éåñé áï çðéðà àîø ëùøãó ùìù øãéôåú åäï îùòøéï ùéù áøãéôúå ðâéçä ùàí éöà áéåí äøàùåï åðâç ùååøéí áùðé åðâç ëìáéí áùìéùé åðâç çæéøéí òì éãé ùìùä îéðéï ìùìùä éîéí îäå ùéòùä ùåø îåòã.

(f)

Question (R. Yosi ben Chanina): If it chased three times, and we estimate that there is goring in its chasing - it went out on the first day and gored oxen, and on the second day it gored dogs, and on the third day it gored pigs, through three species in three days, does it become Mu'ad? (This is not answered.)

éöà áéåí äøàùåï åðâç áùðé ìà éöà áùìéùé éöà åðâç åëå'

(g)

Question: If it went out on the first day and gored, and on the second day it did not go out, and on the third day it went out and gored... [what is the law? Do we assume that had it gone out on the second day, it would have gored?]

ééáà áúôìåâúä ãøá àãà áø àçååä åãøá äåðà

(h)

Answer: Rav Ada bar Achavah and Rav Huna argue about this;

ãàéúôìâåï ðãä ùáã÷ä òöîä áéåí øàùåï áã÷ä åîöúä èîà áùðé ìà áã÷ä áùìéùé áã÷ä åîöúä èîà

1.

They argued about a Nidah who checked herself on the first day [of Zivah] and found herself Tamei, and on the second day she did not check, and on the third day she checked herself and found herself Tamei;

øá àãà áø àçååä áùí øá ðéãä ååãàé øá äåðà áùí øá àîø ðãä ñô÷.

2.

Rav Ada bar Achavah citing Rav said that she is a Vadai Nidah (really, Zavah. We assume that had she checked herself on the second day, she would have found herself Tamei.) Rav Huna citing Rav said that she is a Safek Nidah (really, Zavah).

àîø øá äåðà úîï äåéðà áøéùà åáñéôä åáàîöòéúä. àéùúàìéú ìøá åàîø ñô÷ àéùúàìú ìøá åàîø ååãàé çæø åàîø ñô÷ åøá [ãó éè òîåã á] àãà áø àçååä ìà äåä úîï àìà ëã îø ååãàé.

3.

Rav Huna: I was there the first time [they asked Rav about this], I was there the last (third) time, and I was there the middle (second) time. This was asked of Rav and he said Safek, it was asked of Rav and he said Vadai, and [he retracted again and] he said Safek. Rav Ada bar Achavah was there only when Rav said Vadai.

øá éøîéä áùí øá àîø äéìëúà ëø' îàéø áúîä åëø' éåãä áäåòãä.

(i)

(R. Yirmeyah citing Rav): The Halachah follows R. Meir regarding a Tam, and it follows R. Yehudah regarding becoming Mu'ad;

[ãó èæ òîåã á (òåæ åäãø)] (äåéðï ñáøéï îéîø - îäø''à ôåìãà îåç÷å) îàé èòîà ãø' éåãä

(j)

Question: What is R. Yehudah's reason [that an animal can be Mu'ad on Shabbosos]?

îëéåï ãå çîé ìåï ìáåùéï ð÷ééï òåã äåà îùðä ãòúéä:

(k)

Answer: Since it sees people wearing clean clothes, this changes its temperament. (We explained this like MAHARA FULDA.)

1.

Note: During the week, it sees people who work in the fields, and their clothes get dirty. We could have answered that on Shabbos it does not work, but this would not answer for animals that never work, e.g. sheep, goats, calves...