1)TRANSFERRING OWNERSHIP OF KORBANOS (cont.)
(a)Question (Ula or R. Oshaya): If Shimon designated money for his Pesach and Reuven designated a lamb, how can the Kedushah of Hekdesh transfer to something that is already Hekdesh, so that the money is Chulin in Reuven's hand?!
(b)Abaye: I initially had my own answer to this question - but I defer to R. Oshaya, who would answer differently! (If the question was asked by R. Oshaya, perhaps we must say that Abaye defers to R. Hoshaya - indeed, the text in Temurah cites R. Hoshaya.)
1.R. Oshaya said that Beraisa #2 (below) is like Rebbi [who considers Pesach to be the owner's property, for one does not totally Makdish it] - it discusses Minuy of a harlot on a Pesach [in exchange for her services].
(c)Answer #1 (based on R. Oshaya): Beraisa #1 is Rebbi - the money becomes Chulin because its Kedushah transfers to the Pesach, which was not fully Kodesh!
(d)(Abaye): I would have said that Beraisa #2 discusses Kodshim Kalim, and it is like R. Yosi ha'Gelili who considers them to be the property of the owner!
1.I would not have said that it discusses Pesach, for one does not make Kedushas Pesach conditional - it is totally Kodesh, one cannot give it for a gift.
2.However, Rebbi holds that people Makdish money conditionally [that it will be like Chulin given as a gift in exchange for Minuy].
(e)Answer #2 (Abaye's initial answer): Beraisa #1 is Rebbi; the money is Chulin because people Makdish it conditionally.
(f)We cannot establish Beraisa #1 like R. Yosi ha'Gelili, for it says that a sale of an Olah or Shelamim does not take effect (a Shelamim is Kodshim Kalim, R. Yosi ha'Gelili holds that one owns it and can give it)!
(g)Question: What is this teaching of R. Oshaya?
(h)Answer (Mishnah): (Esnan Zonah (the hire of a harlot) and Mechir Kelev (something exchanged for a dog) are Pasul for Korbanos.) If Korbanos were given for an Esnan, they are Kesherim; if Chulin birds were given, they are Pesulim;
1.Suggestion: A Kal va'Chomer should permit birds! A Mum is Posel a Korban, yet the Pesulim of Esnan and Mechir do not take effect on a Korban - a Mum does not Posel a bird, all the more so Esnan and Mechir should not take effect on it!
2.Rejection: "L'Chol Neder" includes birds (Esnan and Mechir apply to them).
3.(Beraisa #2) Suggestion: A Kal va'Chomer should teach that Esnan and Mechir take effect on Kodshim!
i.A Mum does not Posel a bird, yet Esnan and Mechir take effect on it - a Mum is Posel a Korban, all the more so Esnan and Mechir should take effect on it!
4.Rejection: "L'Chol Neder" excludes something already Nadur (made Hekdesh, i.e. Kodshim).
5.Inference: If not for the verse, Esnan would take effect on Kodshim.
6.Question: [Kodshim belong to Hash-m -] one cannot forbid something that he does not own [regarding Isurim that depend on ownership, e.g. giving an Esnan]!
7.Answer (R. Oshaya): The Beraisa discusses Minuy of a harlot on a Pesach, it is like Rebbi:
i.(Beraisa): "V'Im Yim'at ha'Bayis mi'Hyos mi'Seh" - [if the household is lacking,] sustain it through the Seh (sell shares of the Pesach) - this is permitted to get money for food, but not for Mekach (this will be explained);
ii.Rebbi says, one may sell shares of Pesach or Chagigah even for Mekach, and the money is Chulin - Yisraelim are Makdish their Pesachim with this intent.
(i)(Rabah or R. Zeira): All agree that one may sell shares in order to buy wood to roast Pesach - since it is a need of Pesach, it is like Pesach itself;
1.They argue about selling to buy Matzah and Maror - Chachamim consider this like eating something else; Rebbi considers it like Pesach, since they must be eaten with Pesach.
(j)(The other of Rabah and R. Zeira): They also agree about Matzah and Maror - since they are needed for Pesach, they are like Pesach itself;
1.They argue about selling to buy a garment - Chachamim expound "Mi'Hyos mi'Seh" like 'Hachayehu l'Seh' (sustain the needs of the Korban), Rebbi expounds Hachaye (sustain) yourself from the Seh.
(k)Question: Abaye said that if not for R. Oshaya, he would have established Beraisa #2 like R. Yosi ha'Gelili, who considers Kodshim Kalim to be the property of the owner, but not Pesach, for one does not make Kedushas Pesach conditional;
1.In the Beraisa Rebbi explicitly says 'Yisraelim Makdish their Pesachim with this intent'!
(l)Answer: It means that Yisraelim are Makdish the money for their Pesachim with this intent.
2)SLAUGHTER FOR ONE WHO WILL BE TAHOR AT NIGHT
(a)(Mishnah): We slaughter Pesach for a Zav who has seen two emissions, on the seventh day [from the second emission]; if he saw three emissions, we slaughter for him on the eighth day [even before he brought birds - he may bring them after Pesach].
(b)We slaughter for a Shomeres Yom k'Neged Yom [on the morrow of when she saw, i.e. if she saw one day we slaughter] on her second day; if she saw two days, we slaughter on her third day;
(c)We slaughter for a Zavah on her eighth day.
(d)(Gemara - Rav): We slaughter and Zorek for a Tevul Yom or a Mechusar Kipurim, but not for one who is Tamei Sheretz;
(e)(Ula): We slaughter and Zorek even for one who is Tamei Sheretz.
(f)Question: According to Rav, we slaughter for a Tevul Yom because he will be able to eat at night - also a Tamei Sheretz will be able to eat at night [if he immerses before dark]!
(g)Answer: The Tamei Sheretz needs to do an action [to become permitted], whereas the Tevul Yom becomes permitted automatically [at dark].
(h)Question: Rav says that we slaughter for a Mechusar Kipurim, even though he needs [to do an action, i.e.] to bring his Korban for Kaparah!
(i)Answer #1: The case is, he has the birds in his hand [he is ready to offer them].
1.Question: Likewise, we should slaughter for a Tamei Sheretz who is right in front of a Mikveh!
2.Answer #1: We are concerned lest he will not immerse.
3.Objection: If so, we should also be concerned lest the Mechusar Kipurim not bring his Kaparah!
(j)Answer #2 (to Question (h)): Rather, the case is, he gave the money for the birds to Beis Din - this is like Rav Shemayah:
1.(Rav Shemayah): (In the Mikdash there was a box for Kinim - a Mechusar Kipurim would put four Zuz in the box, Kohanim would offer Chatas ha'Of and Olas ha'Of for every four Zuz inside.) There is a Chazakah that the Beis Din of Kohanim does not leave [the Mikdash] until they finish [offering birds bought with] all the money in the box.
(k)Question: Rav holds that mid'Oraisa we may slaughter and Zorek for a Tamei Sheretz - mid'Rabanan we do not, lest he not immerse;
1.But Rav said that if Yisrael was half Tehorim and half Temei'im, we Metamei one person with a Sheretz to make the majority Temei'im, so everyone can bring Pesach together b'Tum'ah;
2.If mid'Oraisa we may slaughter for a Tamei Sheretz, he is like a Tahor!
(l)Answer #2 (to Question (i:1)): Indeed, Rav holds that mid'Oraisa we may not slaughter for him - he learns from "Ish Ish Ki Yihyeh Tamei la'Nefesh;"
1.Suggestion: This discusses a Tamei Mes on his seventh day which is Erev Pesach [who did not immerse yet] - this is just like a Tamei Sheretz, and the Torah says that he may not bring Pesach Rishon!
(m)Question: What is the source that this is so?
(n)Answer: He holds like R. Yitzchak, who says that the people who could not bring Pesach [in the Midbar] had become Tamei for a Mes Mitzvah (an unattended corpse), and their seventh day [on which they could complete Taharah] was on Erev Pesach;
1.He learns from "V'Lo Yachlu La'asos ha'Pesach ba'Yom ha'Hu" - but they would have been able to bring it the next day, and the Torah says that they could not bring Pesach Rishon!
(o)Question (Mishnah): We slaughter Pesach for a two-emission Zav on his seventh day.
1.Suggestion: The case is, he did not yet immerse - likewise, we slaughter and Zorek for a Tamei Sheretz.
(p)Answer: No - the case is, he already immersed.
(q)Question: If so, what is the Chidush?
(r)Answer: It teaches that even though he is not Tahor until night, since this happens automatically, we slaughter for him.
(s)Support (Seifa): If he saw three emissions, we slaughter for him on the eighth day.
1.If the Reisha discusseses slaughtering for a two-emission Zav after immersion, one might have thought that we slaughter for him because he becomes Tahor automatically, the Seifa teaches that we slaughter even before he brought his Kaparah;
2.But if the Reisha discusseses before immersion, even though he is fully Tamei and requires an action to become Tahor, all the more so we slaughter for a three-emission Zav on day eight, for he immersed on day seven and has a mere remnant of Tum'ah!
(t)Rejection: No - the Reisha discusseses before immersion;
1.One might have thought that we slaughter for him because he can Metaher himself, but we do not slaughter on day eight, because his Taharah depends on Kohanim [offering his birds], we are concerned lest they will neglect to do so - the Mishnah teaches that this is not so.
3)WHEN WE MAY SLAUGHTER FOR A NIDAH OR ZAVAH
(a)(Mishnah): We slaughter for a Zavah [on her eighth day].
(b)Version #1 (A recitor of Beraisos): We slaughter for a Zavah on her seventh day.
(c)Objection (Rav Ada bar Ahavah): We cannot slaughter for a Zavah on her seventh day! Even according to the opinion that permits to slaughter and Zorek for a Tamei Sheretz only permits because he will be able to eat at night - but a Zavah cannot eat until the morrow, when she brings her Kaparah!
(d)Correction: Rather, we slaughter for her on her eighth day.
(e)Objection: This is obvious!
(f)Answer: One might have thought that since she is Mechuseres Kaparah, we do not slaughter for her - the Mishnah teaches that this is not so, like Rav Shemayah [above].
(g)Version #2 - Ravina - (A recitor of Beraisos): We slaughter for a Nidah on her seventh day.
(h)Objection (Rav Ada bar Ahavah): We cannot! A Nidah cannot immerse until the night after her seventh day, she is a Tevul Yom and cannot eat until the night after that!
(i)Correction: Rather, we slaughter for her on her eighth day.
(j)Objection: This is obvious - we can slaughter for a Zavah on her eighth day, even though she is Mechuseres Kaparah, all the more so for a Nidah who is not!
(k)Answer: It teaches that we slaughter for a Nidah on day eight, to teach that we may not on day seven:
1.(Beraisa): Anyone who needs to immerse may immerse during the day - the only exceptions are a Nidah and Yoledes, who immerse at night (this is their first opportunity).
(l)(Beraisa) Suggestion: Perhaps a Nidah may immerse during the day!
(m)Rejection: "Shiv'as Yomim Tihyeh v'Nidasah" - [this is extra, to teach that] she is Nidah for seven full days.
(n)Yoledes is equated to Nidah ("Ki'Mei Nidas Devasah Titma").