Rav Shmuel bar Rav Yitzchak holds like Rava;

Question (Rav Shmuel): What is the source that Ma'aser Behemah of orphans may be sold normally?

Answer - Question: "Rak b'Chol Avas Nafshecha Tizbach v'Achalta Vasar (k'Birkas Hash-m Elokecha)" refers to something that is blessed (i.e. may be sold) only after Shechitah. What is it?

Answer: It refers to Ma'aser Behemah. (Surely, mid'Oraisa there is no distinction between orphans and adults. Rav Shmuel discusses orphans, for they may sell Ma'aser even mid'Rabanan.)

Question: One who may sell Ma'aser Behemah b'Havla'ah (i.e. orphans according to Abaye, and even adults according to Rava), may he sell it b'Havla'ah with the bones? (Perhaps the ruse is evident, for the bones are worth very little.)

Answer #1 (R. Chiya or R. Shimon b'Rebbi): It is permitted.

Answer #2 (The other of R. Chiya and R. Shimon b'Rebbi): It is forbidden.

Resolution #1: They do not argue. One forbids Havla'ah with bones of a small animal (they are useless). The other permits Havla'ah with bones of a large animal (they can be used to make Kelim).

Resolution #2: They do not argue. Each discusses his own area;

In the locale of the first opinion, bones were used to make Kelim. In the locale of the second opinion, they were not.

(Beraisa): It says about Bechor "Lo Sifdeh." It may be sold (even) while alive;

It says regarding Ma'aser Behemah "Lo Yiga'el." It may not be sold alive or slaughtered, Tam or Ba'al Mum.

Question: What is the source of this? ("Geulah" does not connote selling)!

Answer (Rav Chinena and Rav Dimi): It says "Lo Yiga'el" regarding Ma'aser Behemah and Cherem (a kind of Hekdesh that is given to Kohanim, and then it becomes Chulin). Just like Cherem may not be redeemed or sold, also Ma'aser.

Rav Nachman bar Yitzchak: We must say that the Gezeirah Shavah is Mufneh (i.e. "Lo Yiga'el" is not used for another teaching and it is extra, to be expounded). If not, we could challenge this;

We cannot learn Ma'aser from Cherem, for Cherem is more stringent than Ma'aser. Cherem can take effect on anything (even Hekdesh), whereas only Chulin (Rashi; Rashash - Tahor animals) can become Ma'aser.

Question: Which "Lo Yiga'el" is extra?

Answer #1A: "Lo Yiga'el" of Cherem is extra. Even without it, we would have learned from Ma'aser;

Ma'aser is Kodesh, and it cannot be redeemed. The same applies to Cherem;

Therefore, "Lo Yiga'el" of Cherem is extra, so we do not challenge the Gezeirah Shavah.

Rejection: We cannot learn Cherem from Ma'aser, for Ma'aser has a stringency. Its Kedushah causes mistaken Hekdesh to take effect on the ninth and 11th animals (if they were called "10th," and the real 10th was not called "10th")!

Answer #1B: "Lo Yiga'el" of Cherem is extra. We could have learned from Bechor:

Bechor is Kodesh, and it cannot be redeemed. The same applies to Cherem.

Rejection: We cannot learn Cherem from Bechor, for Bechor has a stringency. It is Kodesh from the moment it is born!

Answer #2: "Lo Yiga'el" of Ma'aser is extra. We could have learned from a Gezeirah Shavah "Ha'avarah-Ha'avarah" from Bechor;

Bechor is Kodesh, and it cannot be redeemed. The same applies to Ma'aser.

Question: We cannot learn Ma'aser from Bechor, for Bechor is Kodesh from the moment it is born!

Answer: "Ha'avarah" in the Parshah of Bechor is totally unnecessary, to teach that we do not challenge this Gezeirah Shavah.

Suggestion: We should learn that Bechor may not be sold from Cherem, from the Gezeirah Shavah "Lo Yiga'el-Lo Yiga'el"! (Even though it says "Lo Sifdeh" regarding Bechor, this is like "Lo Yiga'el," like we conclude below).

Rejection: This Gezeirah Shavah is not Mufneh. "Lo Yiga'el" in Parshas Ma'aser is extra, but not in Parshas Bechor (and we can challenge it. Cherem is more stringent than Bechor, for it can take effect on anything.)

Question: We say that "Lo Sifdeh" regarding Bechor forbids Pidyon (and the same applies to Ma'aser), making "Lo Yiga'el" regarding Ma'aser extra, to learn a Gezeirah Shavah from Cherem (to forbid selling, without challenging it);

Why don't we say that "Lo Yiga'el" regarding Ma'aser forbids Pidyon (and the same applies to Bechor), making "Lo Sifdeh" regarding Bechor extra, to learn from Cherem!

Answer: We learn "Ge'ulah" from "Ge'ulah," but not from Pediyah.

Question: A Gezeirah Shavah may be learned from a different word!

(Beraisa - Tana d'Vei R. Yishmael): "V'Shav ha'Kohen-u'Va ha'Kohen" (is a Gezeirah Shavah. It) equates the law (of a house with Tzara'as) when the Kohen (first) returns with when he comes (back a week later).

Answer: We may learn from a different word only if there is no word more similar to learn from.

Question: We should learn that Bechor may not be sold from Ma'aser (which is learned from Cherem) from the Gezeirah Shavah "Ha'avarah-Ha'avarah"!

Answer: "Cherem Hu" (teaches that one may not sell Cherem), but not Bechor.

Question: Why don't we expound "Cherem Hu", but not Ma'aser?

Answer: Regarding Ma'aser it says "Ge'ulah," just like regarding Cherem.

Answer #2 (to Question (1:k) - Rava): "Lo Yiga'el" of Cherem is extra. It need not teach that Cherem cannot be redeemed! (Tosfos says that Rashi fixed the text to say that "Lo Yimacher" is extra.)

If the Cherem was not yet given to Kohanim, it is Kodesh Kodoshim;

Once it is given to Kohanim, it is Chulin - "Kol Cherem b'Yisrael Lecha Yihyeh"!

Since we do not use it to teach about Cherem, we use it to teach about Ma'aser. (Since it already says "Lo Yiga'el" regarding Ma'aser, it comes to forbid selling it.)

Question: Why don't we use it to teach about Bechor?

Answer: We use it to teach about Ma'aser, for it says "Lo Yiga'el" regarding Ma'aser, just like regarding Cherem.

Answer #3 (Rav Ashi): "Lo Yiga'el" regarding Ma'aser means "it will not be sold."

Support (Rav Ashi, for himself): "(V'Lo Yemirenu... ) v'Hayah Hu u'Semuraso Yihyeh Kodesh Lo Yiga'el" - just like Temurah applies while it is alive, also "Lo Yiga'el";

Inference: Ge'ulah is forbidden while alive, but it is permitted after death.

Ge'ulah cannot refer to Pidyon. This cannot be done after death, for Ha'amadah and Ha'arachah are required!

Conclusion: "Lo Yiga'el" must mean "it will not be sold."

Question: This is like the opinion that Ha'amadah and Ha'arachah apply to Kodshei Mizbe'ach;

According to the opinion that they do not apply, how can Rav Ashi learn?

Answer: It is unreasonable that something cannot be redeemed while alive, but it can be redeemed after death.

Question: It is reasonable! While it was alive, it is too Kadosh to be redeemed. After death, it has less Kedushah, so it can be redeemed!

Answer: No. While it is alive, when its Kedushah is strong enough (in corresponding cases of most Kodshim, e.g. Pesulei ha'Mukdashim) to be Matpis Pidyono (to become Chulin, by transferring its Kedushah onto redemption money), nevertheless it (Ma'aser) cannot be redeemed;

After death, its Kedushah is too weak to be Matpis Pidyono. All the more so it cannot be redeemed!

Conclusion: "Lo Yiga'el" must mean "it will not be sold."

Question: Why didn't the Torah explicitly say "Lo Yimacher"?

Answer: Had it said "Lo Yimacher," one might have thought that one may not sell it, for that is treating it like Chulin, but it may be redeemed, for the money becomes Hekdesh;

Therefore, it says "Lo Yiga'el," to teach that it may not be sold or redeemed.

(Mishnah - Beis Shamai): A Kohen may not invite a Yisrael to eat Bechor (a Ba'al Mum);

Beis Hillel permit inviting even a Nochri.

(Gemara): Our Mishnah is like R. Akiva;

(Beraisa - Beis Shamai): Only Kohanim may be invited to eat Bechor;

Beis Hillel permit inviting Yisraelim;

R. Akiva permits even Nochrim.

Question: What is Beis Shamai's reason?

Answer: "U'Vesaram Yihyeh Lach (ka'Chazeh ha'Tenufah uch'Shok... )" - just like Chazeh v'Shok (the chest and thigh of Shelamim, which are Matnos Kehunah) are permitted to Kohanim and forbidden to Yisrael, also Bechor.