1)

THE SOURCE FOR WHICH HEKDESH MAY BE REDEEMED

(a)

(Rav Gidal): Reish Lakish learns from "v'He'erich ha'Kohen Osah Bein Tov u'Vein Ra";

1.

Question: In which Hekdesh do we not distinguish between Tov (Tam) and Ra (Ba'al Mum)?

2.

Answer: This is Bedek ha'Bayis.

3.

"Osah" teaches that only this needs Ha'amadah v'Ha'arachah, but Kodshei Mizbe'ach do not.

(b)

Question: According to R. Yochanan, what does "Osah" exclude?

(c)

Answer: It excludes a Ba'al Mum me'Ikaro.

(d)

Question: According to Tana d'Vei Levi, what does it exclude?

1.

(Tana d'Vei Levi - Beraisa): A Ba'al Mum me'Ikaro needs Ha'amadah v'Ha'arachah.

2.

(Levi's version of the Mishnah): Even a bird or Chayah requires Ha'amadah v'Ha'arachah.

(e)

This is left difficult.

(f)

(Rav Yehudah): R. Shimon learns from "v'He'erich ha'Kohen Osah Bein Tov u'Vein Ra" - the difference between good and bad is only in Kodshei Mizbe'ach;

1.

"Osah" excludes Bedek ha'Bayis.

(g)

Question: If the verse alludes to the difference between good and bad, it should say "Bein Tov l'Ra"!

(h)

This is left difficult.

2)

THE DIFFERENCE BETWEEN TAM AND BA'AL MUM

(a)

Question (Beraisa #1): If they died Tam, they are buried. If they died with Mumim, they are redeemed;

1.

This refers to Kodshei Mizbe'ach, but Kodshei Bedek ha'Bayis are buried whether or not they have Mumim.

2.

R. Shimon says, the law of Kodshei Mizbe'ach and Bedek ha'Bayis is the same. If they died Tam, they are buried. If they died with Mumim, they are redeemed.

(b)

This refutes R. Yochanan (who says that Chachamim require Ha'amadah v'Ha'arachah for Kodshei Mizbe'ach. We are thinking that in this Beraisa, Chachamim (the first Tana) exempt. It is a mere stringency to bury a Tam that died).

(c)

Answer (for R. Yochanan): The first Tana permits redeeming a Ba'al Mum me'Ikaro (it was never really Kodshei Mizbe'ach. However, if it became a Ba'al Mum after Hekdesh, it must be buried.)

(d)

Support: Presumably, this is correct. If the Beraisa discussed a Korban that later became a Ba'al Mum, R. Shimon would argue! (All agree that he requires Ha'amadah v'Ha'arachah for Kodshei Mizbe'ach!)

(e)

Conclusion: The Beraisa discusses a Ba'al Mum me'Ikaro (but Chachamim say that if a Korban became a Ba'al Mum, it must be buried).

(f)

Question: This refutes Reish Lakish (who says that Chachamim exempt Kodshei Mizbe'ach)!

(g)

Answer: Reish Lakish says that the Beraisa discusses a Korban that became a Ba'al Mum.

(h)

Question: If so, R. Shimon should argue (and say that it must be buried)!

(i)

Answer: Beraisa #1 is mistaken. Reish Lakish asked from a different Beraisa;

(j)

Question (against R. Yochanan - Beraisa #2): If they died, whether or not they have Mumim, they are buried;

1.

This refers to Kodshei Bedek ha'Bayis, but Kodshei Mizbe'ach are redeemed;

(k)

R. Shimon says, if they died Tam, they are buried. If they had Mumim, they are redeemed.

(l)

Answer (for R. Yochanan): The first Tana permits redeeming a Ba'al Mum me'Ikaro.

(m)

Support: Presumably, this is correct. If he discussed a Korban that later became a Ba'al Mum, R. Shimon would argue!

(n)

Suggestion: This refutes Reish Lakish!

(o)

Answer: Reish Lakish says that the Beraisa discusses a Korban that became a Ba'al Mum.

(p)

Question: If so, R. Shimon should argue!

(q)

Answer: Indeed, he argues about both! (Rashi - the Beraisa taught the argument only regarding Bedek ha'Bayis; R. Gershom - the correct text of the Seifa explicitly says that Kodshei Mizbe'ach are buried whether they died Tam or Ba'alei Mumim.)

(r)

Suggestion (R. Yirmeyah): According to Reish Lakish, Chachamim exempt Kodshei Mizbe'ach from Ha'amadah v'Ha'arachah, yet they permit redeeming Ba'alei Mumim that died, and we established this when they became Ba'alei Mumim after Hekdesh;

33b----------------------------------------33b

1.

This implies that we may redeem Kodshim to feed them to dogs!

(s)

Rejection (R. Zeira): No, the case is, they were slaughtered (we redeem them for people to eat).

1.

(Beraisa - R. Meir): If Kodshim became blemished and were slaughtered, they must be buried;

2.

Chachamim say, they are redeemed.

3)

WHAT NEEDS HA'AMADAH V'HA'ARACHAH?

(a)

Question (R. Yirmeyah): According to R. Shimon, who exempts Bedek ha'Bayis from Ha'amadah v'Ha'arachah, if a Tam died, why is it buried?

(b)

Answer (R. Zeira): This is a stringency, because it was fitting to be (sold for a Korban and) offered;

1.

(Beraisa): If one was Matfis a Tam for Bedek ha'Bayis, one may redeem it only in order to offer it for a Korban.

2.

Anything (Hekdesh) fitting for the Mizbe'ach must be offered on the Mizbe'ach.

(c)

Question (Rav Papa): R. Yochanan establishes the Beraisa to discuss a Ba'al Mum me'Ikaro. All agree that it does not need Ha'amadah v'Ha'arachah. A Mishnah refutes this!

1.

(Mishnah): If one was Makdish an animal with a Mum Kavu'a for any Korban (except for Bechor or Ma'aser), the following laws apply:

i.

After redemption, (if it will have a firstborn male,) Kedushas Bechor applies to it; Matanos must be given (when it is slaughtered); it becomes Chulin regarding shearing it and working with it (these are permitted); and its offspring and milk are permitted;

ii.

(Even before redemption), one who slaughters it outside (the Mikdash) is exempt. It cannot make Temurah;

iii.

If it died, it is redeemed.

2.

(Rav): This is like R. Shimon, who requires Ha'amadah v'Ha'arachah for Kodshei Mizbe'ach, and exempts Kodshei Bedek ha'Bayis.

i.

(Mishnah - R. Shimon): If Kodshei Bedek ha'Bayis died, they are redeemed.

3.

R. Shimon agrees that a Ba'al Mum me'Ikaro (of Kodshei Mizbe'ach that died) is redeemed.

i.

Question: What is his reason?

ii.

Answer: "Osah" excludes a Ba'al Mum me'Ikaro.

4.

Chachamim say that a Ba'al Mum me'Ikaro needs Ha'amadah v'Ha'arachah.

(d)

Answer (Abaye or Rava): The Chachamim Rav refers to are Tana d'Vei Levi (who explicitly requires Ha'amadah v'Ha'arachah for a Ba'al Mum me'Ikaro).

(e)

Question: If so, Rav should have said that our Mishnah is like R. Shimon and his opponent (the Chachamim who argue with him)!

(f)

Answer #1: Rav holds like Reish Lakish, who says that Chachamim require Ha'amadah v'Ha'arachah for Kodshei Bedek ha'Bayis, but not for Kodshei Mizbe'ach;

1.

The Reisha of that Mishnah says that if it died, it is redeemed (indeed, this is even like Chachamim). However, the Seifa says that if it (a Korban that later got a Mum) died, it is buried. This is only like R. Shimon.

(g)

Answer #2: Rav holds like R. Yochanan. Indeed, the correct text of Rav's teaching is "our Mishnah is like R. Shimon and his opponent."

4)

NIKBARIM AND NISRAFIM

(a)

(Mishnah): The following (Isurei Hana'ah) are Nikbarim (they must be buried):

1.

A miscarriage or Shilya (fetal sac) of Kodshim;

2.

An ox sentenced to be stoned, Eglah Arufah (a calf beheaded for atonement when a murdered corpse is found), Tziporei Metzora (a bird slaughtered for Taharah of a Metzora or of a house that had Tzara'as), hair of a Nazir, a firstborn donkey (that was not redeemed), meat cooked with milk, and Chulin slaughtered in the Mikdash;

3.

R. Shimon says, Chulin b'Azarah are buried. Likewise, a Chayah slaughtered in the Mikdash is buried.

(b)

The following are Nisrafim (must be burned);

1.

Chametz during Pesach, Tamei Terumah, Orlah, and Kil'ai ha'Kerem;

i.

(Rashi - regarding Orlah and Kil'ai ha'Kerem,) what it is normal to burn is burned, and what it is normal to bury (but cannot be burned) is buried.

ii.

We burn bread and oil of (Tamei) Terumah (and we may benefit from the fire).

2.

All Kodshei Doros slaughtered (with intent) Chutz li'Zemano or Chutz li'Mekomo;

3.

Asham Taluy (brought to atone for a Safek Kares, if the owner found out before Zerikah that indeed he did not sin);

4.

R. Yehudah says, Asham Taluy is buried.

5.

Chatas ha'Of ha'Ba Al ha'Safek (it is brought when in doubt);

6.

R. Yehudah says, it is cast into the Amah (a stream that flows through the Mikdash).

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