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Bechoros Daf 2

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CJ Kramer

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All right, daf bay era of yipper daf as we get to begin this two-month journey of makus and we're going to start the ma talking about the mitzvah where the Tory tells us you ideally should be p the firstborn donkey with the sheep or the goat and if you don't then you have to kill the kamar but this kamar will be kadesh as soon as it comes out from its mother but that is only going to be true if it comes from a Jewishowned animal if it's a gish animal it's not going to as we're going to learn more about now there is a just to kind of keep in mind that the discuss this that it has to be a Jewish owned animal Is that because it can't be the G or because it needs to be the Jews? You can hear a right. Maybe the Gisha ownership is Mafia or it really has to be owned by then of course would be is there going to be by heer that would be telling that Shiloh. Okay. So let's say you buy this unborn which is still inside the mother animal from a guy. And now the mission is going to list a bunch of more cases which is going to have a similar outcome in let's say you sell your own unborn donkey to a guy which you're not allowed to do as we're going to learn more about because you can't sell any to a guy or somebody who goes into a partnership deal with a guy that you jointly own this donkey together or someone who's to take care of this from the guy. So really the guy is the owner of the animal and the yid is just taking the to deal with it. Or about nice and let's say the yid gives his donkey to a guy so that the guy should take care of it. In all those cases why because there was a whole long list in this Mishna which all seem to say the same. So Frank the garam call. Why do I need multiple cases to tell me the same that it has to be owned by aid? And for the if the Mishna only told me the first case of buying that unborn fetus from the guy, I might have thought it's only because he's bringing this uber to a mata of kadusha. Now when we say kadusha means more like a status. Now what's that status? Because as Rashi says he can't work with such an animal on chabas. So I might have thought that since the person did something positive because now he somehow has protected this futureb born animal that will not have to worry about shabas because of that positive activity. So there's no reason to punish this guy and therefore we could just be that the guy's ownership of the mother is mafia the kaducious Rashi calls it the mitzvah of it. We're not going to con him. Now the mubet is printed on the page over here. If you look at it he asks on rashi. What are you talking about? The lian kadusha wouldn't be shy to the fact that it can be shabas on chabas and also what are we to go ahead and buy up animals from gam in order to prevent them from working on chabas. Remember the animal has no problem working on chabas. It's the owner of the animal who can't work the animal. And the way the shittita understands the garment is because when you buy it from the guy now you're being into so that kind of a mile maybe that's a reason not to conson the person but back to the but if you're selling your own fetus of this to the according to rashi because the shabas and according to the because maybe inami he should have the and therefore he should have the and therefore even though there is going to be aur of the but the mness of having to give it to the kay we should still have him do one. The Mishna tells us that even this sale of the unborn is always going to be put. Okay, let's go to the third case now. The partnership with the guy. So now we need our Mishna to tell me not likely. What about the fourth case of of being the donkey from the to take care of it and for the okay? Why do I need that case? since in such a case really the whole animal is owned by the and therefore that's a real case where we should actually this owner and give the status of this because people will come to confuse it with another animal where the guy has no to it and therefore they could come out of therefore the mission tells us we don't do such a and he's still going to be putter because of the involvement of the guy we learned in the mission of does matter. This that we talk about the is of selling a to a guy is an animal that has broken legs because you can't work with it and therefore you don't have to worry about the whole problem. What's the whole problem? If you remember from the garnora because the whole problem is that the guy is going to do work with the animal on chabas and even though there's no problem with a guy doing work with this animal on chabas but if a yid was allowed to sell a behemagasa to a guy you might also come to rent or lend the animal to a guy and in that case the yid still is the owner. So when the guy go does the work with the animal on chabas the owner is now the animals do [clears throat] have to rest. So now getting back to our dinner is because the animal can't work and vis allows a horse because horses are not usually used for the kind of work that would be in the first place. horses are used to ride on them. That's only going to be avoid is only because the animal has this physical limitation and therefore can't do the work on chabas. So in the same way the can't do any work so maybe there should be noer. It's not normal for av and therefore it's going to be outside of the realm of our it is normal for the uber in its development to not be able to work and therefore it won't have that status of being a shoe if you sell your donkey's uber to a even though you weren't allowed to argue seems to be masking with the Mishna that you're not allowed to sell an Uber to a there you have your fracting that's What about what the mission then says that we don't see that argues over there? You're going to tell me, "Oh, vice he doesn't argue." We know that Huda argues in those cases. We're going to bring a Bryce Buffer that says Rauuda argues with that part of the Mishna. He of course argues it just doesn't say so in the Mishna. All right. Tash try to bring a ride from another Bryce which is going to speak out that which we just quoted. If you accept an animal from a guy and it gives birth, we assess the value of that newborn animal has to give half of that value to a because there's a here. He has to give his because as we need to keep in mind argues with our Mishna that the is not from and therefore if you have a with a half of it is to be given to the and if one gives his own animal to a to take care of it even though you're not allowed to do that because you're not allowed to give a to a guy you have to give to get it back even if it's going to cost up to 10 times its value but of you got to give the entire value of that animal to the cen turning over time. So my uber in that case, can't we say we're also talking about the Uber and we have a riot to which is lema and do is talking about the uber as opposed to the female mother. All right. So change it her value of the if the B is talking about the animal itself to the mother animal has to be talking about the the to give the entire value to the cayen. And there you have a it's user to give the uber to the guy. Even according to thean going to yave bea mabar leatuma. We're talking about giving the guy a pregnant animal to fatten it up. And the deal was that they're going to divide equally the profit the extra fattitude. that appreciation due to the fattening in addition to the Uber. So that kind of a mativ is certainly user because the is going to have a partial ownership in the mother animal and therefore deina because that's going to be a problem uber it gets rolled along with it but inamiuda in a regular case may not have a problem selling just the uber itself. It's only when it's agab the mother which was user now bring from the following is because it can't heal but will be an uber naturally will become healed because it will grow etc. So what do you see from the Bri saida that is taker to sell the uber to the guy according to and now we have a different lion of almost exactly the same thing as opposed to an independent it's more of a from our mission if you sell the Uber of the donkey to the guy even though he's not allowed to do that because we learned and since the mission says that an uber which is just like avur cannot be sold to a guy must be is not going like because love but uber Let's bring arrive from the review because the owns half and we're going according to distributor that you got to give it to the implying the Uber. Talking about the mother, the mother. So the second almost is exactly the same thing. It's just asking from the Mishna as opposed to having it as an independent question. Okay. More about the selling gases to a guy. Let's say I want to sell to a guy this of an Uber that will come. Do we also the to buy it back and that's going to be because selling because it's not going to get confused with a regular healthy animal. But to sell a regular healthy animal for its future ubers dos maybe oma maybe I'll tell you mash deam the shv has no sh to the original mer once it's done he's not retaining anything and despite the fact that it's such a final sale or huda still says it's going to be okay in mut let's say he retains the ownership of the animal but he's only selling the of the more of a reason that it stays by the id and therefore it should be mut to do it because he's not selling as much and likewise explains the boy raon well it's the sh according because why do they sell because at that point there's a finality. It's completely separated from the owner and therefore it looks like a real sale which is always user but a regular healthy animal for its Uber delay because it's still connected to the seller. So maybe because there's no confusion which cannot be confused with the sale of a regular healthy and therefore there's more of a reason to answer it. Is that the reason that the kazal asked the sale of avur because of this ivany the says the raon said to yudv the reason why they're selling this shva is because they're going to mate this shva with another animal and it's going to give birth so the whole reason that the raon as the shva because of the ultimate uber that it's going to have so clearly according to the raon the reason why they were assuring selling the shv is not because of the aluf but because of the ultimate uber So this is what were saying we hold that the whole problem of selling because with a healthy animal why are you going we're assuming the is because since the animal is not going to get healed from its legs are not getting better so therefore it's being sold for and you don't have to worry about people making a confusion with another healthy animal because it's going to get But let us but the shur can still give birth and they are going to mate it with another animal is not going to but rather keep it around for the purpose of breeding more animals and what to say back to the raon when she gives birth you can answer it meaning she's never going to give birth the isid so maybe there's over here between but that's the way to understand this dialogue between the raon and of course in notab There's no reason for problem. Let's bring a ride from Aramishna nice and if the kid gives his donkey to the guy to take care of it and it doesn't say anything about even though you weren't allowed to do it sounds like it's mut to do such a transaction even though the gy is going to have the in the animals vad because that's going to be the deal. So basically that should be a ria that you can sell the guy the of a future Uber to which the says based on that what are you gonna say if you go into a with a guy also didn't say that you're not allowed to do that you can't mix we don't want the guy to actually have to make because let's say they have a financial dispute and you're you're going to be making the guy swear and the guy is going to use if he deserves his name in the swearing which over here if you jump over to the typhus this is an important typhus regarding meaning at the time of tyus about the Christianity whether or not is considered classically in a deseat when the Mishna was talking about even though you're not allowed to do that it was only talking about the actual sale meaning the Mishna's second case but it also meant also on this why did the case of as opposed to the other cases that's the primary was talking about and not these other cases but in it applies to the other cases as well this is where we get to call it and sometime on Sunday I will post y kipper's daf