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ZEVACHIM 71
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[71a - 2 lines; 71b - 26 lines]

1) [line 2] B'MUKTZEH
A Muktzah is an animal that has been set aside ("Muktzah") to be used as an offering for Avodah Zarah. It is unfit to be brought as a Korban. In order to give an animal the status of a Muktzah, some form of action must be performed upon it for Avodah Zarah purposes. Mere speech (Hekdesh l'Avodah Zarah) is not sufficient.

2) [line 2] B'ESNAN (ESNAN)
An Esnan is an item given to a harlot for her wage, which may not be brought as a Korban, as stated in Devarim 23:19. For example, if a person gives a sheep to a harlot as her wage, she, or anyone else, may not designate that sheep as a Korban.

3) [line 2] U'MECHIR (MECHIR KELEV)
An animal that was exchanged for a dog may not be brought as a Korban, as stated in Devarim 23:19.


71b----------------------------------------71b

4) [line 1] B'YOTZEI DOFEN
(a) A child or animal born by a Caesarian birth is called a Yotzei Dofen (lit. it went out through the wall [of the abdomen]). Certain Halachos are associated with the Yotzei Dofen (see Background to Yevamos 84:1).
(b) If a person is Makdish a Yotzei Dofen, it does not get Kedushas ha'Guf (its body does not attain the sanctity of a Korban). It is similar to Ba'alei Mumin, animals that had a defect before they were sanctified. Their value is given to Hekdesh and the animal becomes Chulin.

5) [line 14] SHOR HA'NISKAL
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence is issued. There are three instances of a Shor ha'Niskal:
1. An animal that killed a person, as described in Shemos 21:28-31 and in Sanhedrin 2a.
2. A Rove'a or a Nirba, animals that had relations with a human, as described in Vayikra 20:15-16 and in Sanhedrin 2a. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).
3. At the time that the Torah was given, Har Sinai was off limits to all people (except for Moshe Rabeinu A"H) and even to animals and birds. Any animal or bird who stepped on the mountain was to be stoned, as described in Shemos 19:13 and in Sanhedrin 15b. This only applied during the year that the Torah was given; it does not apply today.
(b) In the above-mentioned situations of Shor ha'Niskal, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

6) [line 26] YAYIN NESECH
(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu Yein Nesicham" - "Those who ate the fat of their sacrifices, and drank the wine of their drink offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.
(b) The Chachamim prohibited the wine of a Nochri that was not poured as a libation (Stam Yeinam) out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah. Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).

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