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BAVA METZIA 90

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PAST DEDICATION
BAVA METZIA 90 (3 Av) - dedicated l'Iluy Nishmas Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, by his daughter Diane Koenigsberg and her husband Dr. Andy Koenigsberg. May his love for Torah and for Eretz Yisrael persevere in all of his descendants.

SUMMARY

The prohibition to muzzle an animal doesn't apply to a cow that is threshing grain in order to remove the outer peel after it has been soaked in water and dried out in an oven. (1)
 
The prohibition to muzzle an animal doesn't apply to a cow that is threshing grain which is Terumah or Ma'aser. (2)
 
Although the prohibition of muzzling doesn't apply after the Gmar Melachah for Ma'aser or for Terumah and Ma'aser, however because of Mar'is ha'Ayin he should hang a basket to its neck and put in it a handful of produce of the type it is threshing.
 
R. Shimon Ben Yochai says Karshinim shall be placed in the basket because Karshinim is good for the animal.
 
A non-Jew who threshes with the animal of a Jew and the owner instructed him to muzzle the animal it is not a transgression of muzzling an animal.
 
A Yisrael who threshes with the muzzled animal that belongs to a non-Jew transgresses the prohibition of muzzling an animal.
 
If the animal is threshing Gidulei Terumah (Terumah that was replanted) the prohibition of muzzling applies. (3)
 
Gidulei Tevel and Gidulei Ma'aser Sheni is Chulin. (4)
 
R. Yehudah holds Ma'aser Sheni is Mamon Hedyot, while R. Meir holds it is Mamon Gavohah it belongs to Hekdesh.
 
Yochanan Kohen Gadol voided the Viduy on Ma'asros because Ezra penalized the Leviyim and gave the Ma'aser to the Kohen and it is no longer possible to say 'and I also gave it to a Levi'.
 
Yochanan Kohen Gadol decreed that someone who buys produce from an Am ha'Aretz must separate Ma'aser and Terumas Ma'aser mi'Safek, but it is not necessary to separate Terumah because the Am ha'Aretz certainly separated Terumah.
 
If wheat is bad for the animal and makes it ill it is permitted to muzzle the animal while it is threshing the wheat.
 
R. Chidka holds that the prohibition of neutering an animal applies even to Bnei Noach and therefore if a person has a non-Jew neuter his animal it is a transgression of 'Lifnei Iver (do not place a stumbling block in front of a blind man).
 
If you have a non-Jew neuter your animal for you the Rabanan penalize you and you must sell the animal.
 
You may sell the animal to your son if he is a Gadol; however it is a Machlokes if you may sell the animal to your son who is a Katan.
 
If two people both had their animal stolen and neutered by non-Jews they may trade their animals with each other instead of selling the animals.
 
If a thorn gets stuck in the mouth of the animal and it can't eat or if a lion or the offspring of the animal is outside the field and the animal will not eat as a result it is a Safek if the owner is obligated to remove it so that the animal will eat.
 
If the animal is very thirsty and will not eat as a result it is a Safek if the owner must give it to drink and it is a Safek if the owner may spread a hide over the grain so that the animal will not eat.
 
A person who is renting out his animal for threshing may starve his animal so that it will eat a lot when it threshes.
 
A person who rents an animal may spread out a lot of straw in the field so that the animal will not eat while threshing.
 
It is forbidden to muzzle an animal outside the field and than bring the animal to the field while it is still muzzled.
 
If someone muzzles an animal and his friend comes along and threshes with it only the person who threshed with it is Chayav.
 
If someone pairs up an ox and a donkey and attaches them to a wagon and his friend comes along and drives the wagon only the wagon driver is Chayav.
 
If someone verbally muzzles an animal or someone verbally leads an ox and a donkey together R. Yochanan says he is Chayav, while Reish Lakish says he is Patur. (5)

A BIT MORE

1. The prohibition to muzzle an animal only applies if the animal is working on produce prior to the Gmar Melachah for Ma'aser and in this case it is after the Gmar Melachah for Ma'aser.
 
2. The Terumah and Ma'aser was separated before the grain was threshed and it is unusual for an animal to be threshing Terumah and Ma'aser and the Pasuk which prohibits muzzling the animal is referring to regular grain which is Tevel and not to Terumah and Ma'aser.
 
3. Even though Gidulei Terumah is Terumah however it is only Terumah d'Rabanan and therefore the Isur of muzzling an animal which is Isur d'Oraisa applies.
 
4. Gidulei Tevel is Chulin and may be eaten an Achilas Arai (a transient Achilah) until the Gmar Melachah of Ma'aser and if it is replanted after the Gmar Melachah of Ma'aser even though it was already forbidden to be eaten an Achilas Arai now that it replanted he may eat it again an Achilas Arai.
 
5. He screams at the animal every time it wants to eat and thus he is verbally muzzling it, or he screams at the ox and donkey to encourage them to move it is regarded as a Ma'aseh according to R. Yochanan and he is Chayav.

BRIEF INSIGHT

MUZZLING AN ANIMAL
 
Although the prohibition of muzzling doesn't apply after the Gmar Melachah for Ma'aser and the prohibition doesn't apply for Terumah and Ma'aser, however because of Mar'is ha'Ayin he should hang a basket to its neck and put in it a handful of produce of the type it is threshing. R. Shimon Ben Yochai says Karshinim shall be placed in the basket because Karshinim is good for the animal. The Ritva explains that if three or four Kavim of produce is placed in a basket around the animal's neck which is the amount that the animal usually eats there is no prohibition of muzzling the animal at all even for produce that is not Terumah ro Ma'aser. If the animal is threshing Terumah or Ma'aser since it is only a concern of Mar'is ha'Ayin he is not obligated to put in the basket four Kavim and it is sufficient to put in a handful of produce from the type that it is threshing. R. Shimon Ben Yochai who says that Karshinim shall be placed in the basket is not arguing with the Tana Kama, he is explaining that according to the Tana Kama even though he may not place a different type of produce in the basket other than the produce that the animal is working on however he may place Karshinim in the basket.

QUICK HALACHAH

AMIRAH L'NACHRI
 
If someone tells a non-Jew to muzzle my animal and plow with it [is forbidden] because telling a non-Jew to do something that is forbidden for you to do is prohibited regarding all Isurim just like Shabbos. If a thorn gets stuck in the mouth of the animal or if a lion or its offspring is placed outside the field or if it is thirsty and he doesn't give it to drink or if he spreads a hide on the produce so that it will not eat it is forbidden but there is no Chiyuv Malkus. (Shulchan Aruch CM 338:6)

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