POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
PEREK YOTZEI DOFEN
1) YOTZEI DOFEN
(a) (Mishnah): If a woman gave birth Yotzei Dofen (through Caesarian section), she does not have Tum'as Yoledes nor Dam Tohar, and she does not bring a Korban;
(b) R. Shimon says, she is like a regular Yoledes.
(c) A woman becomes Teme'ah when blood (leaves the Makor and) enters the Beis ha'Chitzon (Prozdor), for it says "Dam Yihyeh Zovah bi'Vesarah" (even though the blood is still inside her);
(d) A Zav or Ba'al Keri does not become Tamei until the Zov or semen leaves his body.
(e) If a man was eating Terumah and felt semen moving, he should hold his Ever (to delay the emission of semen) until he swallows the Terumah.
(f) Any amount of Zov or semen is Metamei.
(g) (Gemara - Rav Mani bar Patish): Chachamim learn from "Ishah Ki Sazri'a v'Yaldah" that the Parshah of Yoledes applies only if the baby leaves the place of Hazra'ah (the birth canal);
1. R. Shimon expounds, even if she gave birth only to something (which liquefied, and is) like what she was Mazri'ah (her seed), she has Tum'as Yoledes.
(h) Question: What is R. Shimon's source that she is a Yoledes (due to a Yotzei Dofen)?
(i) Answer (Reish Lakish): He expounds "Seled" to include (Tum'as Yoledes for) a Yotzei Dofen.
1. Chachamim use it to include a Tumtum and Androginus;
2. One might have thought that "v'Yoldah Zachar... Nekevah" teaches that Yoledes applies only when a definite male or definite female is born. "Seled" teaches that this is not so. (The Mishnah (28a) says that the stringencies of Yoledes Zachar and Yoledes Nekevah apply. Or ha'Chayim - it is not a Torah Derashah regarding Androginus. Even though the Tana of the Mishnah is unsure if it is a boy or girl, the Torah had no Safek! The Gra deletes "Androginus" from this Drashah in Toras Kohanim.) Netziv asks that the mother should be Vadai Yoledes Nekevah, for "Seled" is written in that Parshah! Malbim (18) answers both questions. Had it said "v'Im Nekevah Hi," Tum'as Yoledes would depend on knowing the gender. Rather "Seled" teaches that Tum'ah depends only on the birth.)
3. R. Shimon learns like Bar Livai.
i. (Beraisa - Bar Livai): (Korban Yoledes is) "l'Ven" -- for any son, and "l'Vas" -- for any daughter.
4. Chachamim say, this obligates a Korban for every child (born after Meleis, the end of Yemei Tohar) of the previous, i.e. 40 or 80 days after a boy or girl), even if the second was born before she brought a Korban for the previous birth.
5. R. Shimon learns this from a different verse.
i. (A reciter of Beraisos): "Zos Toras ha'Yoledes" teaches that one Korban suffices for many children (born together);
ii. Suggestion: Perhaps one Korban suffices for a birth and Zivah!
iii. Objection: Surely, it does not. If a Yoledes ate blood or Chelev b'Shogeg, would one Korban suffice (for this transgression and the birth)?!
iv. Correction: Rather, perhaps one Korban suffices for two births, even if the latter was after Meleis!
v. Rejection: "Zos" (obligates a separate Korban for each).
6. Chachamim say, even though it says "Zos," it must say also "l'Ven Oh l'Vas";
i. Had it said only "Zos," one might have thought that separate Korbanos are brought only for births from separate pregnancies, but one Korban exempts all children from one pregnancy, even if one was born after Meleis of the other. (E.g. R. Chiya had twin sons. One was born at the beginning of the seventh month, and the other was born at the end of the ninth month);
ii. "L'Ven Oh l'Vas" obligates a separate Korban for a birth after Meleis of the previous one even in such a case.
2) CAN A YOTZEI DOFEN BE A KORBAN?
(a) (R. Yochanan): R. Shimon agrees that a Yotzei Dofen (animal) is invalid for a Korban.
(b) He learns a Gezeirah Shavah "Leidah-Leidah" from a Bechor (firstborn male animal. It is automatically a Korban), which applies only to "Peter Rechem" (the first to leave through the birth canal).
(c) Question: Why doesn't he learn the Gezeirah Shavah from human births? Yotzei Dofen is like a regular birth (regarding Tum'ah)!
(d) Answer #1: It is more reasonable to learn from Bechor, for the verse about Bechor mentions "Imo," just like a verse regarding (other) Kodshim.
(e) Objection: Kodshim pertain even to Pashut births (non-firstborns). It is more reasonable to learn them from human births, in which (the law of) Yotzei Dofen (it is like a regular birth) affects even Peshutim!
(f) Answer #2: Rather, it is more reasonable to learn from a Bechor, for it resembles Kodshim in the following ways:
1. The verses (teaching about them) mention "Imo," they are animals, they are Kodshim, and Pigul, Nosar and Tamei apply to them;
(g) Question: We should learn from people, for they resemble Kodshim in the following ways:
1. Yotzei Dofen pertains even to Peshutim, and to females that are born, they are not automatically Kodesh, and they are not given to Kohanim.
(h) Answer: There are more similarities to a Bechor.
(i) Support (R. Chiya brei d'Rav Rav Huna - Beraisa - R. Yehudah): "Zos Toras ha'Olah Hi ha'Olah" are three exclusions. They teach three Pesulim of Olah in which if the limbs which were brought up the ramp, we take them down. (We may not offer them, i.e. burn them on the Mizbe'ach.) The cases are-- it was slaughtered at night, the blood spilled, or the blood left the Azarah;
1. R. Shimon says, "Olah" connotes a valid Olah. (We offer its limbs and Chelev);
2. Question: What is the source to include the following Pesulim? (If the limbs and/or Chelev were brought up the ramp, we offer them);
i. It was slaughtered at night; the blood spilled, or left the Azarah, or was left overnight; the Korban (after Shechitah) left the Azarah or became Tamei; the meat (Tosfos - Emurim) became Nosar; it was slaughtered with intent Chutz li'Zemano or Chutz li'Mekomo; invalid Kohanim received or threw the blood; blood that should be put on top of the Mizbe'ach was put on bottom, or vice-versa; blood that should be put on the outer Mitzvah was put on the inner Mizbe'ach or vice-versa; a Pesach or Chatas was slaughtered Lo Lishmah.
3. Answer: "Zos Toras ha'Olah" gives one law for everything that is Olah (goes up) on the Mizbe'ach.
4. Suggestion: Perhaps we include an animal that was Rove'a or Nirva (it had Bi'ah with a woman or man), Muktzeh (designated for idolatry), Ne'evad (worshipped), Esnan (given for Bi'ah with a harlot), it was traded for a dog, a crossbreed, a Terefah, or Yotzei Dofen!
5. Rejection "Zos" excludes these.
6. Question: (The verses that include and exclude do not specify what to include or exclude.) Why do we include the former and exclude the latter, and not vice-versa?
7. Answer: Each of the former was properly Hukdash. The Pesul applies only to Kodshim;
i. The latter Pesulim can take effect on Chulin.