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Bechoros Daf 32

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CJ Kramer

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All right, today is Daf Lamed Beis. Tuesday is Daf, and yesterday we had started the new perek contrasting selling Sulyan Mikdashim, meaning Hegdish that gets a mum, that you are allowed to sell it in the store and with weights. The Lashon is Itznum Karnba Itlis and Itz Nishkal in Belitra. And that's even though there's a perceived Bizayon with selling it in this way, but since, as the Gemara explained, Hegdish makes the most money by doing that, we want Hegdish to make the most money. But this is contrasted with Bikurim Ma'aser, because Bikurim Ma'aser, since it's Haniasun Labaylim, and you don't have the heter of Hegdish making the money, therefore we're not allowed to sell it in the Itlis and you're not Nishkal in Belitra. Problem was that we had a problem with Ma'aser, cuz when do you ever sell the Ma'aser in the first place? We have a Drasha of Lay Sifta. And to that, the Gemara had said that Rav Sheishes went to sleep with the Kasha, woke up with the Terutz, and he had a Braisa that said it was talking about Yesomim, where the Apatropus that will sell on behalf of the Yesomim is allowed to sell that Ma'aser. Okay, so that's where we got up to yesterday, and now the Gemara wants to know, what is that Braisa that Rav Sheishes is referring to? And we're going to pick it up 17 lines from the bottom of Lamed Aleph Amud Beis. My Braisa, De'ei Tanya, cuz the Braisa says, Ma'aser Beheima Shel Yesomim, Mochrin Osei, they may sell it. U'Ma'aser Beheima Shel Shachtai, and once you've Shachted Ma'aser Beheima, Mavli'i Ba'airai, Ba'achelbai, Ba'agidai, Ba'akarna. You're allowed to be Mavli'i the meat in the sale of its air, its chelev, gidai, and karnaim, cuz those parts are not the edible parts, therefore they lack that Kedusha, and you're allowed to sell them. And the Chidush of the Braisa is you're allowed to actually inflate that cost and be Mavli'i the basar within it. So Prak the Gemara, Mai Kama? Explain to me this Braisa. First we're saying the Braisa could be sold without any kind of limitations, and then we're saying you have to use Havla'a, which sounds like there is a limitation on the sale of it. Am Rabaiya, Achi Kama, Ma'aser Beheima Shel Yesomim, Mochrin Osei Ba'avla'a. That's when you're allowed to use the Havla'a, when you're doing it for Yesomim. Prak the Gemara, Machlafta Gadol Ba'avla'a Lo. It sounds like a non-yasim, which could actually be a yasim, but the yasim's all grown up right now, so we don't give him halachas of a yasim, there's no coolas of a yasim. Then he wouldn't be able to use the Havla'a. Ai, Mishnah Meheicha Ba'a? Ai, what's the difference between this Braisa and the and the Mishnah in Maseches Sukkah that says, Al Lo Yikach Lulav Mechavero Bishvi'is. If you buy a lulav and esrog during the shmita year when you're not allowed to do business with perish Vias and the person who's purchasing is an am are it's so nice and lay esrog by Matana. Give him the esrog as a Matana with fish in a rush like a fish Vias because he can't pay for it because he can't do business with fish Vias to go Paris. And there was a cash on that mission that later on to lead to labor Matana. What happens with the maker doesn't want to give it to the am are it's as a Matana my. How can he get that esrog? The am are of who know my belief allowed to make esrog by lulav. All you need to do is charge a little extra for the lulav and and you're being my belief that cost to the esrog into it. So clearly it's multi to do have law by the day race of perish Vias. So why wouldn't you also be allowed to do it with a miser be him that's owned by the grown up Yos I'm and for the Gamara the because has some lame by the esrog the have law is not so much that you're selling an esrog and therefore we could be more make up but by the miser be him much more so it's clear that you're selling the busser. So that's all of bias understanding of the brisa that we're talking about the miser be him of Yos I'm on my way I'm came miser be him a trades in the low lowly. Why did the brisa say miser be him twice meaning the miser be him of Yos I'm and then we had miser be him can also be sold with the have law. It sounds like we're introducing a new idea in the second case of the brisa. So Robert doesn't like what a bias is and different shot have he called a mar miser be him a shall you say him my friend I say kid arcade without have law or miser be him at the gold shot guy in the second have law that says that my belief about have law by be getting a kind of you could do the have law but you can't sell the meat in a normal way. So we're even more make up according to Robert. You can more or sell it out right if you're Yos I'm and you can always use have law for everybody else. On my way Robert mean I mean a lot and how would I know that the cuz Gabby miser be him it says in a higher who say you have you go out that you can't do tomorrow with miser be him with another animal. And this is the post that teaches us that you're not allowed to sell miser be him as well. So the fact that we're make a because tomorrow with Mecha tells us that they're the same. So I say tomorrow when does miser actually succeed in making a tomorrow that's only make I'm because once the miser has already been shot in you can't swap it out with another animal and therefore the same thing would be Lagabe selling Ma'aser Behema. A Mosse Ainayim Negel, when can't you sell it? That's only Mehayim. But all the Shita and the Konomi Negel, you could sell it. The Rabbanan Degozel Achashrita, the whole thing was a Din DeRabbanan that Ma'aser Behema cannot be sold after Shrita. Why? Otu Lifnei Shrita. And therefore Rava was saying that the whole Braisa is talking about a Shying a Shachtan an animal that the whole Issur of selling it is only an Issur DeRabbanan. And therefore the Braisa is saying, "When it's the Yisoymim, we can waive that Issur DeRabbanan and you can actually sell it in the regular way." And if you're not a Katan Yisoymim and you're actually an adult, well then you could sell it Al Yedei Havla. But Rava still has some explaining to do. Because the whole Issur of selling the Ma'aser Behema after it's Gishachtan is only Otu selling it, which is Issur DeOraisa while it's still alive. And therefore it should be parallel to the Issur DeOraisa. And just like this Issur DeOraisa is the whole animal, so the Din DeRabbanan should also be the whole animal. So Zuk Rava, it's going to depend on what parts of the animal. Because the Bar Nishum Mehayim, Lagabe the parts of the animal which is Nishum, meaning it's evaluated when the animal is alive, which is a reference to the Bussar which gives the animal its whole value while it's alive, then Gozel Rabbanan. And therefore Achashrita Zatu Lifnei Shrita. Moving over to an olive, Dover She'einan Nishum Mehayim, the parts of the animal that are not even part of the additional value of the animal, which is a reference to the Air. Because it has no real value while the animal is alive. It only has its own new independent value after the Shrita. So Lo Gozel Rabbanan. And therefore after the Shrita, the Rabbanan agree Matter that sale cuz there's no Chashash anymore that it would be sold before the Shrita. Uvi Yisoymim and Lagabe Ma'aser Behema that belongs to the Yisoymim Mukmin Rabbanan Ala DeOraisa, which is even going to be Matter the Gishachtan a Ma'aser to be sold straight out. The offer of Shmuel Bar Rav Yitzchak Sover Lalah the Rava. He just has a different Muker. De'amar Rav Shmuel Bar Rav Yitzchak Binayan LaMa'aser Behema Shel Yisoymim Shemayim Eis Okey Dark Eye without any Havla. She'id Ne'emar Rak Bechol Avos Nafsho Tizbach Ve'achalta Bussar. That the Behema only gives you this Bracha Nach DeShrita. So is there a Dover She'ein Ba'i Bracha Mehayim Ela La'achashrita? Have you ever seen a Ma'aser Behema because any other Katchan DeRabbanan can give Bracha even when they're alive because you can sell them. Okay, but getting back to the Braisa that said that the Ma'aser that was good shocked and could be sold all you have all these other parts of the animal and now can I be my the busser when you're selling the bones of the animal? Can I sell the bones for a higher price to be my the cost of the meat?" So, it just depends on the case. What kind of animal we're talking about because the bones of larger can be used as actual tools. Rashi says you can make handles of axes, etc. So, since they are enough, they can actually now be busser or it depends on the location whether or not they make tools out of these kinds of goofer. Lo but however lo the so as we said there's a between the mice are in the but the point that we're taking out is that the is a reference to the measure of my sir. I mean I mean of the number the number so you have just like by the of being paid a there's also an issue to sell it so I have also by my sir there's also an issue to sell it in order to make a good they have to be available these words one of them is taught for its own and the other one has to be free. are on everything whereas my sir doesn't have that because I look at the is that you can even put on things that already been let's say you took an animal that was an and made it as a to then he has to pay the that amount of extra by bringing this so the is asking they are and there's one of them is and I'll show you how let's say we would skip the by the and the and learn it from the of. from the that condition and and and therefore it's just free up for the to tell me that is also to be sold so to my also to be sold. Because when you make my series because you're counting that 10th animal but let's say you made a mistake and you actually made the ninth as the 10th and you made the 10th into the ninth and you made the 11th as the 10th all of them become that's how it works but doesn't have that special that exists by my sir and therefore maybe I would say that is needed by for its own context and not for the Ella that maybe you don't need to have that maybe that condition and therefore that's how we have the but I have a different whereas you don't have such a by so that's why that's why I would need for its own context and not for the Ella it shouldn't say my you have a you have a make the of the that says and I should have that so you have this you have my condition and so And therefore because of it would be because the because we already had where is condition but it's not the but cry it's an extra word locking down this between and my sir so we can learn my sir from the and therefore by my sir is available and for the to connect my sir to that just like can't be sold so to my sir can't be sold. We should make a between the or you goil the it's interesting it's a different word, but it means the same thing of redemption. So, let's make that zeyar shava of gu'ula gu'ula from charamim. To which the Gemara says, "Demay ser mufni, but de bichar lay mufni." The loy goil is not available by bichar. Fract the Gemara, "U may chos this de loy sifta de bichar le gufay u de may ser laf nuyay?" Maybe you say the other way around, "De ayma de may ser le gufay and de bichar laf nuyay." Cuz lechari can go either way. To which the Gemara answers, "Danan gu'ula me gu'ula v'ain danan pidyan me gu'ula." As we pointed out, it's a different word of loy sifta and and loy goil. Fract the Gemara, "May nafka mina?" Why does it have to be the same word? As we find plenty times whenever the Gemara is talking about zeyar shavas, it doesn't have to be the same word. Cuz hatana devey Rebbi Yishmael v'shav kayna bay kayna. Zuy shiva zuy biya. Means essentially the same idea and therefore you can make zeyar shava. To which the Gemara says, "Well, okay, but hani milay haychi de lecha de dumiyay. You can say such a thing where you could be lax about the strictness of the zeyar shava when there's no other word like that first word. Aval echa de dumiyay, but when you have another word that's exactly the same like by loy goil, by charamim, by mayser behema. Me de dumiyay yalfina." Okay, but fract the Gemara, "Aval loy leif bichar havara havara me mayser?" Maybe we should learn out the limud that bichar can't be sold because of the zeyar shava of havara havara. De ha mayser nami Gemara gu'ula gu'ula me charamim. Just like the issur of mayser behema was already learned from charamim by the zeyar shava of gu'ula gu'ula, let's do the havara havara me mayser. Fract the Gemara, "Me d'rachmana gabay charamim hu?" There is a unique mi'ut de dafka hu cuz the pasuk says, "Kol charam kodesh kodashim hu la Shem." But hu v'loy bichar. So, Rebbi Mayit bichar. So, mayser is takka ossur to be sold as we know from the zeyar shava between mayser and charamim. But hu is mamayit mayser to bichar from this zeyar shava of havara havara. Fract the Gemara, "V'ayma hu v'loy mayser?" Maybe we shouldn't make a zeyar shava from charamim to mayser. We should make charamim to bichar. And therefore, what would the hu say? It would limit from bichar to mayser. Fract the Gemara, "Mayser gu'ula ka maysay." Cuz the Torah is telling us the issur of being paid to the mayser animal using the word gu'ula as it does with the parsha of charamim. So, we'd rather make the limud of charamim to mayser and the hu to be mamayit to bichar. But Rava amar a different malach loy goil de charamim loy tzarich. You don't even need loy goil by Haram him because I'm going to learn the issue of selling the Haram from these things that were made into a Haram where should they be if they're still in the ratio of the original owner they are Hegdish and the shaft to me for it can't be redeemed anyway and once it was given to the coin you don't need to do it anymore because as soon as the Haram comes to the coins ratio it becomes cool and the coin can sell to whoever he wants the time you like the braces says Haram and cause munching a bit by limb but not the coin once you give it to the coin cool and the mission so the turning over to the base you go out the cost of so that's his like idea to know the issue by my sir for a thing tomorrow aim it to nail in your back maybe this extra positive you're saying is extra we should learn that the car is going to be awesome so I'm for the car my sir go to my say the use the word like it does by Haram him because it has the same word of the as opposed to the low yield like it says by the car so so far we've got two to tell me that you can't sell a hammer of my sir now the machine a third low yield the my sir low yield my car that's how we touch the low yield as a low yield my car I'm a machine you know I mean a lot they have saved because the says you can low yield the tires in my cash tomorrow to my sir saying that the two are the same this is the car very similar to what it said earlier and I must say tomorrow so when can it actually work that a my sir hammer can actually become tomorrow that's my time so that same issue should only be by being paid a living my sir hammer and I must say ain't a when are you not allowed to do it it's my time but it will be for a thing tomorrow a boy a mother of a what you can't do after it's dead and therefore you can't learn the talking about actual of a my sir hammer else my man you go low yield my car it must mean that when we say low yield go we're talking about my car and not an actual which you couldn't do because of the inability of a mother of a well that's going to depend for the Gamara. Hanich le manda amar kashim is bech lo hoya bechlal Hamad of Baraka. Ela manda amar kashim is bech lo hoya bechlal Hamad of Baraka may kel memar. So, if the Gamara a non hoya kamli and me ika to mecha le mifrik ula acher shita mifrik. Do you ever find a behema that you can't be paid up when it's alive but you can only be paid up after it's dead? Because any animal has a mum that you can't be paid up before shita you certainly wouldn't be able to be paid it after shita. And therefore loya goel has to be talking about mecha and since loya goel has to be talking about mecha you can't understand the pasuk literally. But al ama lifrik the Gamara, maybe the Torah is only asering the pedia of a miser behema when it's alive and not nach shita. And I'll tell you why that makes sense because mecha the alima kedusha say, while it's alive it has a bigger kedusha le mifrik you can't be paid it. But lacha shita the akali kedusha say, you've pushed down the kedusha nach shita then maybe that's when only could be mifrik. Like the Gamara le kol the chein hu. It's a that you certainly should not be able to be paid it. The gishakta in a miser behema. Uma mecha the olam le mitzvas pidyan while it was alive it was strong enough that there was what to be paid it. It was more paid able you could transfer that kedusha because there's a very strong kedusha there. And it's still le mifrik so lacha shita the loyal mitzvas pidyan now you have less to work with over here mifrik no way. Al ish mamina loya goel loya macher who must mean that the taich of loya goel means loya macher. Well, like the Gamara lecha loya macher just say loya macher in the pasuk. Every Gamara because e kasav rachmana loya macher have amina is the bunehu de le mizdabein. Maybe you're not allowed to sell it because the oven of the so there's a rationale why I wouldn't be able to sell it. I will be parukei mifrik maybe I could redeem it. The ilay dam of lehegdish right al ya day this pedia something is happening rachmana loya goel the loya is the bunei mizdabein loya parukei mifrik that both the sale and the pedia will both be aser. And we're going to pick it up with the mishna sham for tomorrow.