Question: What does R. Yehudah say about Yemei Tohar for a birth Toch Melos?

R. Yehudah ignores a birth Toch Melos regarding Korban, since she was not yet able to offer the Korban for the first birth. However, it is considered a birth regarding Tum'ah. Tum'ah due to the birth interrupts Yemei Tohar, and Yemei Tohar will extend until the end of Melos from the latter birth;

Or, perhaps R. Yehudah is only stringent (to count from the first birth, to be Mechayev more Korbanos), but he is not lenient (to extend Yemei Tohar! Aruch la'Ner - Rashi explains that surely he gives Yemei Tohar. We ask only whether he is more lenient than Chachamim, and says that Melos of the latter birth interrupt (and are not counted towards) Melos of the first, so Yemei Tohar extend past 80 days from the first birth. Or, perhaps he holds like Chachamim, Melos of the latter do not interrupt the former.)

Answer #1 (Rav Huna of Sura - Beraisa): We offer Korban Pesach for a Yoledes on day 40 (after birth) for a boy, or day 80 for a girl (the last day of Melos).

Question: She is Teme'ah! (Even at night she will be Mechusar Kipurim, and forbidden to eat Kodshim.)

Answer #1 (Rav Chisda): (The case is, she gave birth to twins on different days. We discuss day 40 or 80 from the latter birth.) The Beraisa is R. Yehudah, who ignores the second birth;

If he ignores it only regarding Korban, but considers it a birth regarding Tum'ah, the question remains!

Conclusion: R. Yehudah ignores the birth also regarding Tum'ah.

Rejection: Really, he considers it a birth regarding Tum'ah;

Answer #2 (to Question (b:1)): The Beraisa discusses Pesach ha'Ba b'Tum'ah. (When most of Yisrael are Teme'im, we may offer and eat Korban Pesach b'Tum'ah.)

Question: She may not eat from Pesach ha'Ba b'Tum'ah! (Only Tum'as Mes is permitted.)

(Mishnah): The following may not eat Pesach ha'Ba b'Tum'ah -- Zav, Zavah, Nidah or Yoledes.

Answer: They may not eat before they immerse, but they may eat after immersing (even though they are Mechusrei Kaparah).

Question: If so, why does the Beraisa discuss day 40? The same applies from day eight! (If anyone Tamei (mid'Oraisa) immerses, until nightfall he is a Tevul Yom. All agree that he is forbidden to Terumah and Kodshim.)

Answer: The Tana holds that Tevul Yom d'Zav (a Zav who immersed) k'Zav (he is still considered a Zav in some ways, including Pesach ha'Ba b'Tum'ah. What we say here about Zav applies also to Yoledes.)

Question: If so, also on day 40 she may not eat! (She is Mechusar Kipurim until day 41. Since Tevul Yom d'Zav k'Zav, presumably also Mechusar Kipurim d'Zav k'Zav.)

Answer: The Tana holds that Mechusar Kipurim d'Zav is not k'Zav.

Question: Rava holds that Mechusar Kipurim d'Zav k'Zav. How can he explain the Beraisa (unlike Rav Huna)?

Answer (and Answer #3 to Question (b:1) - Rav Ashi): The Beraisa discusses a miscarriage on day 40 from conception of a male, or day 80 for a female;

It is like R. Yishmael, who says that a male is formed on day 41 (from conception), and a female on day 81. (Tum'as Yoledes does not apply to a miscarriage before this time. The Seifa permits offering Pesach on day 80 for a female. This is unlike Chachamim, who hold that both are formed on day 41.)

Question: Surely, she bled when she miscarried. (Even if there is no Tum'as Yoledes,) she is Nidah (so cannot eat Pesach at night)!

Answer: She gave birth without blood.

Question: If so, what is the Chidush?

Answer: One might have thought that any birth or miscarriage is accompanied by blood (even if no blood was found, we assume that it became lost). The Tana teaches that this is not so.

Answer #2 (to Question 1:a - Rav Shemayah - Beraisa) Suggestion: (Yemei Tohar are "v'Shishim Yom v'Sheshes Yamim" for Yoledes Nekevah, and "u'Shloshim Yom u'Sheloshes Yamim" for a male.) Perhaps "Shishim" days of Tohar (for a girl) can be consecutive or separated (i.e. if Tum'as Yoledes interrupts in the middle)!

Rejection: "Yom" - just like a day is uninterrupted (it is all Tahor or all Tamei), the 60 days must be uninterrupted.

Question: Who is the Tana of the Beraisa?

It cannot be Chachamim. They count Yemei Tohar from the latter birth. Surely Yemei Tohar cannot be separated!

Answer #1: It is R. Yehudah.

Summation of answer: R. Yehudah holds that Yemei Tohar must be consecutive (we do not complete the remaining Yemei Tohar (for the first birth) after the second. The only Yemei Tohar afterwards are for the second birth);

He is stringent (to count Melos from the first birth to obligate a Korban for the third birth), but he is not lenient (to complete the remaining Yemei Tohar).

Rejection (and Answer #2 to the last question): Really, it is Chachamim;

The case is, she gave birth to (miscarried) a male within Melos of a female. (The Tana teaches that Yemei Tohar must be consecutive. They end 80 days after the first birth. There is no compensation for seven Yemei Tohar "lost" due to Tum'as Yoledes for the male.)

Question: (The Halachah recognizes a miscarriage only if it is at least 41 days from conception. Surely conception was at least 14 days after the first birth. (Until then, Tum'as Yoledes forbids relations.) Chachamim give Yemei Tohar for the second birth (ending 40 days after the birth). They must end (more than 94 days after the first birth,) after the proposed compensation (for the lost days of Tohar, on days 81-87. The question is irrelevant!)

Answer: The case is, she was pregnant with twins. She gave birth to a girl, and then a boy (e.g.) 20 days into Yemei Tohar for the girl. (Yemei Tohar for the boy end on day 74, before those for the girl);

One might have thought that she gets the full 66 Yemei Tohar for the girl, i.e. until day 87 (to compensate for the seven days lost to Tum'as Yoledes);

"Yom" teaches that this is not so. Just like a day is uninterrupted, the 60 days must be uninterrupted.

Answer #3 (to Question 1:a - Abaye - Beraisa) Suggestion: Perhaps "Sheloshim" days of Tohar (for a boy) can be consecutive or separated! (The only way to give birth within Melos of a boy is if she was pregnant with twins, and a boy was born first.)

Rejection: "Yom" teaches that just like a day is uninterrupted, the 30 days must be uninterrupted.

Question: Who is the Tana of the Beraisa?

It cannot be Chachamim. They count Yemei Tohar from the latter birth. Surely Yemei Tohar cannot be separated!

Answer: It is R. Yehudah. (The Beraisa teaches that there is no compensation after day 40 for the days lost due to Tum'as Yoledes.)

Summation of answer: He is stringent, he is not lenient.

Support (and Answer #4 - Rav Ashi - Beraisa) Suggestion: Perhaps "Sheshes" (the last six) days of Tohar (for a girl) can be consecutive or separated! (E.g. she gave birth within the last six days of Yemei Tohar. Perhaps there is compensation for the lost Yemei Tohar after Tum'as Yoledes for the latter birth ends, more than 80 days after the first birth.)

Rejection: "Shishisim" teaches that just like the 60 days must be uninterrupted, the six days must be uninterrupted.

Question: Who is the Tana of the Beraisa?

It cannot be Chachamim. They count Yemei Tohar from the latter birth. Surely Yemei Tohar cannot be separated!

Answer: It is R. Yehudah.

Summation of answer: He is stringent, he is not lenient.

(Mishnah): The following bring Oleh v'Yored:

One who swore falsely Shevu'as ha'Edus or Shevu'as Bituy (he swore to do (or not do) something, and did not fulfill it. Some obligate even for false oaths about the past);

A Tamei person who entered the Mikdash or ate Kodshim;

A Yoledes, and a Metzora. (Below, we adopt the text of Shitah Mekubetzes.)

(Gemara - Beraisa #1): Some (who must bring Oleh v'Yored) bring like an Oni (one or two birds in place of one or two animals) or like an Ashir;

Others bring (like an Ashir, like an Oni, or) Dalei Dalos (like a very poor person, a Minchah in place of birds).

Yoledes (and Metzora) bring like an Ashir or Oni. One who transgressed Shevu'as ha'Edus, Shevu'as Bituy or Tum'as Mikdash v'Kodashav brings like an (Ashir,) Oni, or Dalei Dalos.

(Beraisa #2): Some bring one (Korban) in place of one. Some bring two in place of two. Some bring two birds in place of one. (This entire Beraisa will be explained);

This teaches that Asiris ha'Eifah (the Minchah brought in place of birds) may be bought for a Perutah.

A Yoledes brings Chatas ha'Of (in any case,) and (if she is poor she brings for her Olah one in place of one, i.e.) a bird in place of a lamb;

A Metzora Oni brings (for Olah and Chatas two in place of two, i.e.) two birds in place of two lambs;

For Shevu'as ha'Edus, Shevu'as Bituy or Tum'as Mikdash v'Kodashav, an Oni brings two birds in place of one sheep. Dalei Dalos brings Asiris ha'Eifah in place of the birds.

(Beraisa #2): This teaches that Asiris ha'Eifah may be bought for a Perutah.

Question: What is the source of this?

Answer (Beraisa): If one said "Alai (it is incumbent on me to bring) a Korban for a Sela," he brings a lamb, for this is the only Korban that can be brought for a Sela (four Dinarim).

Question: What is the source of this?

Answer: Since it says that a (second year) ram for an Asham is bought for two Sela'im, it follows that one must (Tosfos - l'Chatchilah) spend at least a Sela for a yearling lamb.

(Mishnah): The price dropped to a quarter of a silver Dinar for a Kan.

Since the Torah is lenient for an Oni, his Korban costs a 16th of an Ashir's. Dalei Dalos costs a 16th of an Oni's Korban.

Question: An Oni's Korban costs a quarter Dinar, 48 Perutos. It follows that Dalei Dalos is a 16th of this, i.e. three Perutos. The Beraisa said that it is one Perutah!

Answer: The Tana learns from a poor Yoledes. She brings one bird (which costs 24 Perutos) in place of a (one-Sela) lamb, one part in 32 of an Ashirah's Korban.

Question: Granted, we learn from Yoledes that Korban Oni can be just 24 Perutos. However, wherever Dalei Dalos applies, an Oni brings two birds in place of a lamb, a 16th of the price;

It follows that Dalei Dalos must be at least a 16th of 24 Perutos, i.e. one and a half Perutos!

Answer (Rava): The Tana learns entirely from a poor Yoledes. She brings a bird for 1/32nd of the (price of the) Korban it replaces. Likewise, Asiris ha'Eifah of Dalei Dalos is 1/32nd of the (cheapest) price of Korban Oni.

Question: If so, Asiris ha'Eifah may be bought for three quarters of a Perutah!

Answer: Letter of the law, that should be correct. However, it is improper to pay less than a Perutah for a Korban.

(Mishnah): Shifchah (Charufah) is unlike all other Arayos regarding punishment and Korban:

The Korban for all other Arayos is a Chatas. For Shifchah, it is an Asham;

Version #1 (Rashi): The Korban for all other Arayos is a female (goat or lamb). For Shifchah it is a male (ram);

Version #2 (R. Gershom): All other Arayos apply to a male (of the same status as the female). Shifchah applies to females (but not to male slaves. Others delete this clause from the text.)

Regarding all other Arayos, lashes and Korban apply equally to the man and woman. Regarding Shifchah, she is lashed (if Mezid), but not he. He brings a Korban, but not she;

Regarding all other Arayos, one is liable for Ha'arah (the first stage of relations), and one is liable for each act of relations (but not for Shifchah);

A stringency of Shifchah over Arayos is that he is Chayav (Korban) for Mezid like for Shogeg.