KASHRUS FOR TESTIMONY
Answer: Testimony is different. "Oh Ra'ah... Im Lo Yagid" teaches that it depends only on being Kosher at the time of seeing and testifying.
Question: What do we learn from "v'Hu"?
Answer (Beraisa) Suggestion: If one saw a throng of people and witnesses were among them, and he said "I impose an oath on you that you will testify for me if you know testimony", perhaps they are liable!
Rejection: "V'Hu Ed" exempts. He must specify the witnesses.
Suggestion: Perhaps even if he said "(I impose an oath on) you who are standing here," they are exempt!
Rejection: "V'Hu Ed" is Mechayev, since he specified the witnesses.
ASSETS THAT DO NOT MAKE ONE AN ASHIR
(Mishnah): The law of Korbanos is different...
Question: If Ploni's father died, leaving him a fortune, Ploni is an Ashir!
Answer (R. Avahu): It means, even if he was going to inherit from his father (he brings Korban Oni).
Objection: This is obvious!
Answer: The case is, his father was Goses (about to die);
One might have thought that since most Gosesim die, it is as if he already died. The Mishnah teaches that this is not so.
Question: The Mishnah says 'even if his ship is coming in with a fortune.' If so, he is an Ashir (even though the money is not here yet)!
Answer (Rav Chisda): The case is, he does not own the cargo. He rented the ship to others.
Question: They owe him the rent! (Therefore, he is an Ashir!)
Answer: Rental is not due until the end of the rental.
Question: He is an Ashir because he owns a ship!
Answer: Our Mishnah is like R. Eliezer:
(Mishnah - R. Eliezer): If a farmer owes Erchin, we let him keep his yoked animals. (He gives Erech Oni. He need not sell them, for his income depends on them.) If a donkey-driver owes Erchin, we let him keep his donkey. (Similarly, we leave to Ploni his ship, for for his income is from renting it out.)
WHAT DETERMINES ERCHIN
(Mishnah): The years (that determine the Erech) are according to the Nidar:
If a Yeled (someone between 20 and 60) was Ma'arich an elder (above 60), he pays the Erech of an elder. If an elder was Ma'arich a Yeled, he pays the Erech of a Yeled.
Erchin is according to (the gender of) the Ne'erach;
If a man was Ma'arich a woman, he pays the Erech of a woman. If a woman was Ma'arich a man, she pays the Erech of a man.
The Erech is paid according to (the age at) the time of the Erech:
If Reuven was Ma'arich someone less than five (or 20) years, and (before paying) the Ne'erach completed five (or 20) years, Reuven pays according to the time of the Erech.
(Gemara - Beraisa): (Vows of) Damim are equated to Erchin regarding two things:
A cheap estimation of a pearl. (If it sells for 30 here, it is considered to be worth 30, even if he could sell it for 50 in the city. This affects Heseg Yad and one who vowed to give its value to Hekdesh);
Limbs are judged bi'Chvodo. (If a vital limb was Ne'erach or Nidar, the Erech or Damim of the entire person must be given.)
Suggestion: Perhaps we should equate Erchin to Damim also to evaluate them according to the time of payment! (Rashi - surely, Damim is according to the time of payment, for it is according to the Nidar's slave value. Beis Din did not see the Nidar at the time of the vow, only when the Noder comes to pay! Tosfos - we expound this from a verse.)
Rejection: "K'Erkecha Yakum" teaches that he pays according to the time of the vow. (Tosfos Yom Tov - this verse is written regarding Sedeh Achuzah. We do not need it to teach about Sedeh Achuzah, so it teaches about Erchin.)
THE YEARS OF ERCHIN
(Mishnah): (A Ne'erach on) the 30th day is like before the 30th day (he has no Erech). During the fifth year is like before the fifth year. (The Erech is like under five years.) During the 20th year is like before the 20th year;
"V'Im mi'Ben Shishim Shanah va'Ma'alah" teaches about all other years. During the 60th year is like before 60 (only Shishim va'Ma'alah, i.e. after 60 years are completed, is like after 60). The same applies to years five and 20.
Objection: It is a stringency to consider during the 60th year like before 60 (this obligates paying the biggest Erech). We cannot learn to years five and 20, for then it is a leniency!
Answer: We learn from a Gezeirah Shavah "Shanah- Shanah" from year 60 to years five and 20. During the year is like before the year, whether this is a stringency or leniency.
R. Eliezer says, one does not enter the next age bracket until a month and a day into the next year.
(Gemara): We must say that the Gezeirah Shavah is Mufneh (both words are extra, therefore we do not challenge the Gezeirah Shavah). If not, we would challenge it like in the Mishnah! (We would not learn a leniency from a stringency.)
Answer: Indeed, this is true. There was no need to repeat "Shanah" every time.
Suggestion: Our Mishnah is unlike Rebbi, who says that "Ad" (until) does not include (the ending point, as follows):
(Beraisa) Suggestion: Perhaps "mi'Yom ha'Rishon Ad Yom ha'Shevi'i" (one who eats Chametz from the first day of Pesach until the seventh gets Kares) does not apply to days one and seven!
We find so regarding a Metzora. He becomes Tahor if the Tzara'as spreads "mi'Rosho v'Ad Raglav", and this does not include the head or the legs.
Rejection: "Ad Yom ha'Echad v'Esrim la'Chodesh ba'Arev" (teaches that there is Kares also for the seventh day).
Rebbi says, we need not learn from another verse. Yom Rishon and Yom ha'Shevi'i are included (because it says "Ad").
Rejection: Our Mishnah is even like Rebbi. The connotations of the verses contradict each other, therefore we cannot learn from them;
It says "mi'Ben Chodesh v'Ad Ben Chamesh Shanim." (This should include the fifth year like less than five). It says also "mi'Ben Chamesh v'Ad... "! (This implies that the fifth year is like more than five.)
(Beraisa): "Mi'Rosho v'Ad Raglav" does not include the head or the legs.
Question: What is the source of this?
Answer #1: Simanim of Tum'ah of (Tzara'as of) the head (e.g. fine yellow hairs) are different than those of the foot (white hairs);
Answer #2: Tzara'as does not apply to the head and foot, for we cannot fulfill "l'Chol Mar'e Einei ha'Kohen." (R. Gershom - they cannot be seen at the same time. Rashi - he cannot see the scalp under the hair, nor between the toes. Shitah Mekubetzes - the sole is not seen, for one is always stepping on it.)
(Mishnah - R. Eliezer): One does not enter the next age bracket until a month and a day into the next year.
(Beraisa - R. Eliezer): It says (regarding Erech of an elder) l'Ma'alah, like it says regarding (counting) Leviyim (Rashi; Tosfos - Pidyon ha'Ben);
Just like there, we require a month and a day, also here. ('Above 60' means a month and a day after 60 full years.)
Suggestion: There, "l'Ma'alah" only adds one day to what is explicitly written (a month). We should say the same here!
Rejection: If so, the Gezeirah Shavah would not teach anything.
THINGS THAT MUST BE FULL YEARS
(Beraisa): All of the following are full years me'Es l'Es:
The years specified for (certain) Korbanos;
The year in which one may redeem a house sold in a walled city;
The two years one must wait before redeeming a field that he sold;
The six years that an Eved Ivri serves;
The years of a boy or girl. (This will be explained.)
Question: What is the source for the years of Korbanos?
Answer (Rav Acha bar Yakov): "Keves Ben Shenaso" teaches that it must be in its first year. (It need not be in the same calendar year, i.e. from Rosh Hashanah until Rosh Hashanah.)
Question: What is the source for the year to redeem a house?
Answer: "Ad Tom Shenas Mimkaro" is the year of its sale.
Question: What is the source for the years before redeeming a field?
Answer: It says "b'Mispar Shnei Sevu'os Yimkar Lach." ("Shnei" is extra, for Sevu'os connotes two. It) teaches that all the harvests of the two years are included, even if there are three. (I.e. he bought the field laden with produce, and twice harvests what he himself grew, and it ripened in the same season.)
Question: What is the source for the six years of an Eved Ivri?
Answer: "Shesh Shanim Ya'avod uva'Shevi'is" teaches that he also works in the seventh (calendar) year (if he was sold in the middle of a calendar year).
(Beraisa): The years of a boy or girl must be full.
Question: What does this refer to?
Answer #1 (Rav Gidal citing Rav): It refers to the years of Erchin.
Answer #2 (Rav Yosef): It refers to the Mishnayos in Perek "Yotzei Dofen" (in Maseches Nidah, which discuss the ages for Nedarim and relations).
Abaye (to Rav Yosef): Do you argue with Rav Gidal (regarding the Halachah)?
Rav Yosef: No. We agree that all of these must be full years. (We argue only about what the Beraisa refers to.)
Support: Rav Gidal must agree. He cited Rav, who says that all the years in Perek Yotzei Dofen are full!
Question: Why didn't Rav Gidal say that "boy or girl" refers to the years in Yotzei Dofen?
Answer: Presumably, it resembles everything else in the Beraisa, in which the years are explicit in the Torah.
Question: Why didn't Rav Yosef say that the Beraisa refers to Erchin?
Answer: If so, it should have said "Zachar Oh Nekevah," the phrase used in the Parshah of Erchin.