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Zevachim 75
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Today's daf is working daf iron hey and
we are at the two dots about 15 lines
from the bottom of daf iron dalet amud
bet.
So, the first Mishnah
in the eighth perek perek kol as vochen
which is not a long Mishnah in kol as
but it's a very long Mishnah in echos
discussed an idea we have animals that
are possible like voya and they were
necessary with animals that are mutar
like voya. So, you have zvochen kasherin
and now within this mix of zvochen
kasherin an animal that's possible like
krovah got mixed up. The Mishnah
discussed the possible share and this go
what you do. One of the ameisois and
then the Mishnah says that if the animal
that got mixed up was a shur shin the
baal zera or roiva v'neirvah muktzah
neivah esnan machir kal ein treifah
yoitzai doifein due to the fact is yiru
achrei astablished. The Gemara begins
with a technical question. Bishleimah
mikulu lo yodeia. I understand all the
aforementioned in the Mishnah how would
be possible to have a taruf? So, you had
a an animal that's a yoitzai doifein
which means it was born Caesarean. Now
it got mixed up with zvochen kasherin.
You look at the taruvos of animals you
have no way of knowing which animal was
the kasher and which animal is the
pasul. As a result, you have a taruvos
question. You have a question of bitul
barur and kol d'parish meiruvah barur.
But ela haitrei fei chidami but it's
treifah isn't that something that you
should be able to discern? Isn't that
something you should be able to see?
Yedaya laisi v'lichlei if you see an
animal do a bedika and see if the animal
is a treifah, just take it out. And iloi
yada d'leimi no yada d'yarif. Man of
shuch, either you see the treifah then
take it out and if you don't see the
treifah then what are you worried about?
Amidei Rebbi Yanai. Ach v'may as k'dei
k'dei ariv n'kuvas achos b'n'kuvas
chazeiv. You saw two animals that both
had a hole
in an area that would technically render
the treif. Stating that one of them got
this hole through a za'ev, a wolf, the
other one from a thorn. The one that has
the hole via the za'ev is a treif. The
one that has the nekuba sakit, that got
it from a thorn, is not a treif. And you
don't know which one is which. As a
result, you have an issue. You're right.
If there was only one animal that had a
this
nekiv
and you know this one treif, so you know
which one is the treif. Just pull it out
and now the rest of the taruvus is going
to be kosher. But there are two animals
that have a nekiv and you know that only
one of them is a treif. As a result, you
have an issue. said I have
been a fool. It's possible for an animal
to be a treif without it having any
distinguishing
symptoms. And that is if an animal
falls, an animal that's nefula could
sometimes be a treif. So what happened
was the treif that's in this taruva is
became a treif
through nefila. You can't notice it.
That's why you have a taruvus issue. But
the mara says is that true when an
animal falls and is a treif, there is an
exam that you can give this animal and
depending on whether it passes the exam
or fails the exam, you'll know if it's a
treif. Nefula nami livitko. Why don't
you do a bitiko? So the mara says
on the treif ace even if this animal
gets up, so it looks like it's healthy,
you still have to wait 24 hours. Holcha
even if it walks treif there's a bitiko
that needs to be done. The bottom line
is that Rish Lakish holds that an animal
that falls, it's not so simple to just
do a bitiko. As a result, it didn't have
any external
characteristics that would tell us that
it's a treif. We know this a treif.
There's no way of doing a bitiko either.
As a result, you have an issue.
The third shot how it's possible to have
a treif that's in the side of the
taruvus. Again, the question is can't
you see it? Going the Arab of a treif,
it's talking about there wasn't a treif,
but the child of a treif.
The time of the year is treif.
You know how to be mark of the blood
treif. on the mizbeach. You know, so the
Gemara had a very basic question. The
question was, how is it possible to have
a taruvos of a treyfa and animals that
are not treyfas? A treyfa something that
by definition you should be able to see.
It should have some external
characteristic trait that should tell us
it's a treyfa. So, just notice the
treyfa, pull it out of taruvos, and the
rest should be kosher. So, the Amora'im
had to go search for eitzos, for heichi
temtzos, akimtos to try to understand
the mishna why this is an issue. And the
Gemara gave three akimtos. One was that
there was an animal that had a nekiv,
that was the treyfa, but there was more
than one animal that had a nekiv, and
the other animal or other animals, their
nekiv didn't come in a way that would
make it a treyfa. It was a nekivas
sakois. It came from a thorn. As a
result, there's no way of knowing which
one is the treyfa. A second shot the
Gemara said was ben afula. So, we're
talking about where the treyfa fell.
Again, it fell, that's what made it a
treyfa, but it's not like there's a
nekiv, there's not something you can
notice. Alternatively, when the mishna
says treyfa, it's using the word treyfa
loosely. It means psul treyfa, but
really it's the vlad of a treyfa. The
The animal itself is not a treyfa. It's
the child of a treyfa. A child of a
treyfa gets the yichus of its parent in
the sense that it too gets dinay treyfa,
but being that it's physically not a
treyfa, there's no way of noticing it.
Says the Gemara, why did Eicha Mayra
pick the shot that he said? Kulhu Rebbi
Yanai le Amri. All the Amora'im didn't
want to say the first shot Rebbi Yanai,
that the teretz is that there was more
than one animal that had a nekiv because
ben nekivas sakois the juices made it
din. Because the Amora'im must have held
that you can tell the difference between
an animal that has a nekiv that came
through a koits and an animal that has a
nekiv that came from a zaiv. What's the
difference? Hai mashich, one is longer.
Hai ogol, the other one is more round.
Kveish Lokish le Amri, they don't want
to learn like Kveish Lokish because Amri
of the inei tzu chameish leish halacha,
ein tzu chabedika because they hold that
when an animal falls, it's actually
there's a way to know whether or not the
animal is a treyfa or not. Let it get
up, let it walk. So, being that there's
a way to know whether or not the animals
are treif, so that would not be a reason
for us to have a a safek now and have a
taruvis, cuz let all the animals get up
and walk and the one that can't walk,
the one that can't stand, that must be
the treif. And if it could walk, it
could stand, that means even though it
fell, it's not a treif. Kol Reb Yumi
didn't want to learn Reb Yumi cuz Reb
Yumi was making the mission that's
talking not about a treif but rather
about a blood treif, which is Rebbi
Eliezer. Rebbi Eliezer like didn't want
to learn Rebbi Rebbi Eliezer. Why not?
Cuz Rebbi Eliezer, we know what Shamuti
is, a lochis will put in cherem. We'll
see more about Rebbi Eliezer later in
the daf. But Rebbi Eliezer is mikame de
Beis Shammai. Bottom line is three
different shittin and an explanation why
the respective Amora'im picked their own
and didn't want to learn the other
Mission continued and said what
happens if you have a taruvis of
animals, all of which are kosher to go
on the mizbei'ach, stating that they are
animals that belong to different people.
Said the mission, it said kachin be
kachin nim de minoi. So the kohein had
two oiles that he had to be makriv. He
had two chatois that he had to be
makriv. Two ashams that he had to be
makriv. And now the korbanos got mixed
up, so he doesn't know which one is
Reuvein's, which one is Shimon's.
Mission said it's not a problem. Why
isn't it a problem? He could be makriv
both of them. Stam
stam is b'shma. So even though there's a
locha of shinu ba'alim, so that if the
kohein would have in mind the wrong
owner while he was bringing the korban,
it would render the korban posul, but
you don't have to have in mind the wrong
one. Fact, you don't even have to have
in mind the right one like Pesachim
spoke out of the mission. Just don't
have in mind anything. Stam is k'lishma,
stam is kosher. So be makriv both oiles,
be makriv both chatois, it's not going
to be an issue. Freight the Gemara with
a technical problem. Reb Boi Smicha. One
of the mitzvos, one of the shiyurei
mitzvos that was done when a korban was
brought was smicha. Only the korban
would go, the samach yadoi the kol
kochoi, he would lean his entire weight
and his entire body on the korban
before the korban was brought. Who did
the smicha? The ba'alim had to be the
one to do the smicha. If we don't know
who the owner is, there's no way to do
smicha. And by the way, you can't take
both ba'alim and have them do smicha on
both animals. You know why? Because
smicha is a double-edged sword. There's
a mitzvah to do smicha, but if you don't
have a mitzvah smicha, you're actually
not allowed to do smicha on an animal.
Because when you do smicha b'chol kocha,
you're being mena from kochi. And that's
not something you're allowed to do
either. So, it's a mamon of shach. You
have to know who the right owner is in
order to do smicha. And the ba'alim has
to do smicha. So, the ta'anis the Gemara
kochi and the kochi and the mena says
the mishna, "What's the big deal? Just
bring both korbanos. What are you
worried about? You don't know who the
owner is?" Stam as lishma. Yeah, that's
all good from the lishma perspective,
but what happened to mitzvah smicha? So,
what are you going to tell me? Smicha is
not my active anyways. But, the way the
rishonim explain it's a pretty long
ta'anis, but the way the re- very long
ta'anis, the way the rishonim explain is
that being that if you are makriv both
korbanos, you're going to be mevatal
mitzvah smicha b'yadim. Wouldn't it make
more sense to pull a year who actually
studied, be poider the two animals,
buy new kochi with the money, and then
be makriv those korbanos l'chatchila?
It's true smicha is not my active, but
at the end of the day, bringing a carbon
without smicha is sort of a b'dieved.
So, why are we going l'chatchila and
bringing the carbon in a b'dieved?
That's the Gemara's kasha. Amora Yosef
Amora Yosef said the carbon nashim we're
talking about where the owner of these
korbanos were women. As a result, a
woman doesn't have a mitzvah smicha.
It's true, a man has a mitzvah smicha,
but a woman does not have a mitzvah
smicha. Says the Gemara, "Abu korban
nashim Abu korban nashim." In other
words, you're trying to say, says the
Gemara to Abu Yosef, that when it comes
to a korban nashim, this halacha
wouldn't be true because we're not going
to go l'chatchila and be mevatal mitzvah
smicha. Is there a ba'aya? Ba'aya asks
Abu Yosef a kasha from the following
braisa. "Korban yochid and sar Abu
korban yochid we're talking about Abu
korban yochid got mixed up." What
happens in a kasha?
an oil and an oil just to keep it
simple. Or if the carbon is
big carbon or two carbon which they got
mixed up. So you had an oil carbon and
another oil carbon they both got
confused. A khatis carbon and another
khatis carbon both got confused. Or if
the carbon carbon
or a carbon and a carbon got mixed up.
Rashi says
so you know see which is a carbon it's a
khatis
this year of a lion which is a a khatis
carbon or oil or oil. You had a regular
oil carbon that a wanted to bring with
carbon top which is an oil carbon. So
whether it's a carbon
or a carbon even a carbon carbon so what
do you do? So you have these two carbon
khatis. So the is you could do the
the carbon
the
when it comes to time to do this
nice and done
each one you give
in the case with the both
you going to do a regular
on the carbon which in the case when
they're both
you going to do and
but the point is it's going to be nice
and done with
me nice and done with me
if you burn only one from each one it's
fine. That's based on the first mission
that all carbon besides for the
me but she does
but all carbon besides for the me this
carbon
all you need to do is is do one
then I don't even know what
what does that mean? So if you look in
in the in the we shouldn't grapple to
understand
but the but the most simple is that just
like if they were both
if you
if they were
if you gave four
from all four meaning
you also bottom line is the price of
discusses a very straight forward case
where there was a
with carbon
the two animals got mixed up you now
have an opportunity the coin wants to go
and he wants to be market this carbon,
what do you do with this Rica? So like a
hero bring down with my tone eyes for
each carbon. If it's a hot on the dollar
kind of is if it's an oil stain should
have a
But the effort one is going to be okay.
I made my mom what is this kitchen table
kind that's only if they got mixed up
while they were alive. I don't know what
to do but let's say the street that
happened and then afterwards they got
mixed up. Noise and have a my tone noise
me Cuba. Then what you supposed to do is
is take the whole time reverse as we'll
see in a moment the assumption is is
that the blood got mixed up. It wasn't
just chocolate but the dam got mixed up.
So you take four my tone noise from the
tower of voice and you could be nice and
with each my tone noise you're being
nice so
for both carbon noise that are in this
tower of voice. You have two hot toys
that are necessary in this
dam right now. You do four and we cut
healer not with the other we cut healer
you're going to be nice so both hot toys
even though it's it's one striker for
each. That's fine. Meaning you're doing
four for two carbon noise. Really you
should need eight for two carbon noise.
The carrots is then the one striker the
one that Cena is going to work for both
carbon noise. So that's my tone noise me
Cuba nice so being that with the other
you don't have to do four but the other
all you have to do is one. So so too but
the other if you do one it's going to
work for both hot toys. Ready have a day
every says no it's not so simple. Right
in the my tone noise me Cuba the other
day was like share Then lots of you have
to look at how much blood one of them is
bad. There's a sheer of how much time
has to go on the way.
Zrica has a sheer. We never spoke about
a sheer Zrica. Is there a sheer how much
time we spoke about the my coin and and
the mountain and and shall I even call
my so discuss the lot
how long cuz about Zrica the my show but
that the coin had while he was doing the
Zrica but is there a sheer? Is there a
lot of how much time there has to be?
That's this rabbit. Rabbit says yes we
have to there is a sheer and you have to
make sure if you want one Zrica to work
for two carbon noise conceptually that's
okay. I don't have a problem with that.
You just have to make sure that there's
going to be enough time. Good. What do
we want from this price? So I can tell
you the price I had had
live carbon noise that got mixed up with
it a yachid by yachid, whether it was a
yachid by tzibur, whether it was a
tzibur by tzibur. And it says yachid
with a tzibur, we lumped together the
yachid and the tzibur. It's machura.
Tain is the gemara mat tzibur gabri af
yachid gabri. Who participates in the
carbon tzibur? Only men. Women do not
participate in the carbon tzibur. The
possuk says it's because the carbon
tzibur was paid for by the machatzis
hashekel and only men contributed to the
machatzis hashekel. Women did not
contribute to the machatzis hashekel. So
who are the baalim of a carbon tzibur?
It's the men. So when we discuss the
carbonois tzibur, the owners are men. So
l'chura when the braisa discusses a
carbon yachid and it's a carbon yachid,
we're probably discussing a similar case
where the owner is a man. And still
there's a halacha that if it was
nisarev, you can go ahead and and be
makriv it. What's the kasha? What
happened to smicha? Rebbe Yossi said
that when our mishna said kotzin
bikotzin min b'mino, the halacha is you
can be makriv it stoma and you have no
problems. Rebbe Yossi made it clear that
we're talking about carbon noshin
because we're never going to allow
l'chatchila to go be mevatal the mitzvas
smicha. Here I have a m'furash braisa
and I know this braisa is talking about
men. How? Mishna doesn't mention the
word men. But what the mishna does do,
it equates a carbon yachid that was
nisarev with a carbon yachid to a carbon
tzibur that was nisarev with a carbon
tzibur or a carbon yachid that was
nisarev with a carbon tzibur. Point is
we're talking about carbon yachid,
carbon tzibur. The owners of a carbon
tzibur are men. Women cannot be an owner
of a carbon tzibur. So l'chura doesn't
it make sense to be consistent and say
that the owners of the carbon yachid are
men as well? Bottom line is you have a
carbon that has a mitzvas smicha and
still if it was nisarev while it was
alive, there's an eitza l'chatchila how
to go ahead to do the shchita kabala,
yochin zrika. Omar Rabba, Rabba said it
is braisa. Ham mitratz to here. This is
something that the gemara often does.
And a logic that you have to be familiar
with. The gemara says you're asking a
kasha from this brysa. This is a this is
a problem brysa. Meaning it's not a
perfect brysa. You can only ask kashas
from brysa's that were vetted out, that
were edited properly, that we know have
good mesorah, that every word, every
syllable in this brysa is meduyak. Such
a brysa you can ask a kasha from. But
anytime there's a little bit of a a of a
slippery slope within a brysa where you
can tell that this brysa needs a little
bit more editing, can't ask kashas from
brysa's like this. And Rava said you're
asking a kasha from such This is not a
brysa that tracks. This is not a a
meyushevdigga brysa. This brysa has
issues. I'll prove it to you. The Tani
cuz the brysa is contrasting between
where the taruva is happening, where the
animals were alive, versus when the
taruva is happening when the animals
were already shochal. Now, what was the
emphasis when the animals were already
shochal? Now that there was a taruva so
the halachas were different. The point
was we had to speak it out cuz it wasn't
a first in the brysa. It means you did
the shchita, you did the kabala, you did
the halacha. Meaning the animals are
already the the and and you took the dam
of both respective korbanos and you
mixed them together. That's where you
had this new halacha that you don't have
to do four from each. There is no four
from each. You could just do four.
According to Rebbe you have to make sure
there's a shiur. So it says it the Rava
diktani the brysa said medvar mamurim
k'chinus chaya al medvar shchutem like
malichai malishchutem. The point of the
brysa is not chaim and shchutem. What
was the point in the brysa? Were the dam
nisayiv
or what was the dam nisayiv? Elo hachi
kom. You have to say that's the shaila.
That it meaning we need to edit the
brysa. So let me show you Rava says how
I'm going to edit the brysa and you're
not going to have a kasha on Rebbe Yosi.
The medvar mamurim the way the brysa
reads is chinus shchutem k'ein chaim
because when it says the medvar muksha
shchutem doesn't mean it was literally
shchutem. Cuz it was literally shchutem
you'd run into a smicha problem. It's
talking about where I'm sorry, when it
says that it wasn't shochal it doesn't
mean literally that it wasn't shochal.
Cuz if it wasn't you run into
what it means is what the dams mix or
what the dams not mix meaning
but if the dams were mixed up
prices two cases are not one where the
animals are alive and the other one is
when the animals were already at the and
the dams got mixed up. The two cases of
the prices one when the
and the dams didn't get mixed up and the
other one where the and the dams did get
mixed up. That's what we're contrasting
with the dams mixed or with the dams not
mixed but
if the animals were alive this price
would have been true because the price
is talking about a carbon and notion
even though it doesn't say it but being
that the carbon volume is a is a man so
presumably the carbon
in this price is volume is also a man.
The bottom line is if the animal was
alive and the owner is a man that would
have been true like said because you
would need it. But the price is not
discussing with animals but doesn't the
price to make a between and and
by definition means the animals alive.
What we mean is in case
we mean in one case the dams were mixed
and the other case the dams were not
mixed again like Robert said this is not
a
thing of price so we have to add a
little in order to understand the price
which is precisely why Robert said what
you can't ask any questions of Joseph in
this price.
He said that what happens again you have
two
oilers two
hot
oilers carbon
carbon and now the dams all got mixed
up. So if you have two hot oilers the
dams got mixed up. Pick one case. Now
the oilers and he needs to do this
so to the price the
says just do four oilers on the four
corners of the
and you're going to be fine.
Why is that enough? Because there are
two carbons each is going to work for
both carbons. Robert says that's so
possible that you can do
one z'rika of a two carbonas. There's a
sheer of how much time there has to be
in a z'rika. So, Rebbe said, "Roy in a
samatana. We have to analyze the amount
of blood that's going on in the
mizbeach." If yesh b'kiday u'kiday
If there's enough blood for two z'rikas,
then it's takka kosher. Then what if
there's not enough blood for two
z'rikas, psula? Then it's going to be a
psul. Rebbe said, "Rebbe I swore this
Rebbe really holds that there's a sheer
of how much time has to go on the
mizbeach in order to have a kosher
z'rika." But time we're going to learn
this. Oh, my Rebbe. Rebbe said, "The
divrei Rebbe Eliezer, according to Rebbe
Eliezer." Now, who's this Rebbe Eliezer?
So, Rashi says, "This is Rebbe Eliezer
that we're going to have later in the
massekhta. It's a Rebbe Eliezer
massekhes Parah where Rebbe Eliezer says
that if you had the mei chatas, that's
the mayim chayim that was mixed together
with the efer of the parah adumah to
prepare this mixture now that's going to
go on the person that's tamei tumas meis
to make him tahor. What happens if this
mei chatas was nisareh with mayim psul?
So, there's a taruves. So, Rebbe Eliezer
has an eitzah. Again, Rashi tells you
you could wait until daf pei to really
understand the the the details and the
oimek of shittas Rebbe Eliezer. But for
now, Rebbe Eliezer holds that just
because you have psul mayim that was
nisareh with the mayim chayim, that in
and of itself doesn't disqualify the
mayim for parah adumah. So, says Rebbe,
"According to this shittas Rebbe
Eliezer, that you could have a taruves
of good mayim and bad mayim
for the efer for the parah adumah. Hazal
kashyu with that. It must be that Rebbe
Eliezer holds that there's no sheer of
how much mayim there needs to be from
the mayim chayim with the efer of the
parah. Because if there's a sheer of how
much mayim you have to have in every
taruves, shouldn't we be concerned that
maybe there isn't the sheer the
requisite sheer of the mayim chayim? Let
the mayim psul mess up in the sense that
now when I'm spritzing water, I don't
know if it's mayim psul or mayim
chayim." And Rebbi said in Rebbi Eliezer
there must be a premise, and that is
that there is no share. There's no
share, and as long as there's a
turup, as long as there's a a mashu,
that's enough for it to be kosher.
Additionally,
another thing that you see in Rebbi
Eliezer that has a mix of kosher, mix of
possel, is also okay. That just because
there's mine possel that was misaired,
that in and of itself is not an issue.
Again, two khidushin that the Gemara is
going to discuss later, that's more
relevant when you learn in Maseches
Parah. But for now, the Gemara just
wants one thing. The Gemara said that
Rebbi was medayek on Rebbi Eliezer, that
Rebbi Eliezer holds there's no share of
how much mayim you need when you do the
hazah
onto the person that's tamei meis. If
that's the case, tied to the Gemara,
shouldn't Rebbi be consistent, and Rebbi
also that there's no much there's no
share of how much dam there has to be
when you're doing the zerikah on the
mizbei'ach? If there's no share of how
much mayim you have to have, shouldn't
there be no share of how much dam?
They're both hazahs. In one case you're
being mazeh from the mayim in the eighth
of the parah adumah on the tamei meis,
and in one case you're being mazeh from
the dam on the mizbei'ach. So why here
does Rebbi hold there's a share, here
Rebbi holds there's no share? So the
Gemara says, very simple, either you
could say the drash Rebbi Eliezer holds,
Rebbi never said he holds that way. What
was Rebbi Eliezer's lashon? What was
Rebbi's lashon? Amar Rebbi, "The divrei
Rebbi Eliezer." Okay, according to Rebbi
Eliezer there's a share. And then in the
Gemara, if you want to
argue that the two should be told each
other is that Rebbi would hold that but
that according to Rebbi Eliezer there's
also no share when it comes to zerikah.
But this whole idea hazah kosher
metaharas was holding Rebbi Eliezer's
opinion. Hazah kosher metaharas is shani
too. One is discussing parah adumah, the
other one is discussing zerikah. Who
said that these two things are going to
be told each other is that excel? So
before we go right there, just three
short ha'aros
related to some of the things that we
just discussed. Number one, so we had an
the Gemara began with a kasha. The kasha
was, kosher with kosher bemeinoi, so the
halachah is that the kohein is makreh
v'od korbanos, they're both oilos,
what's What's difference? They both go
to the mat mikhtas sikrah, they're both
shnei shnei arbah, they both have to be
connected the
they both have a dinner of
they both have a
right. Oh, what's the problem? You don't
know who the owner is.
Some of them are smart. It's not a
problem. It's not going to be an issue.
But the asks the
what happened to
isn't an issue? And even though is not
but you don't go
what's my alternative option? The
alternative option is let these animals
graze, let them get a
people the animals then take the money
buy new
and bring those to
knowing who the with the that was the
question. said
carbon right the mission is talking
about a carbon that the owner of the
carbon is a woman being that the owner
of the carbon is a woman therefore there
is no women
so women if they bring carbon always had
no
what about a woman that brings a carbon
and wants to do
can she do
or can she not do
at first glance they'll tell me okay
it's a nice it's a
but the truth it's not a this is a
this is a Torah this is a
and believe it or not that in the answer
to this question is a
to a tremendous amount of relevant rate
so in
but just the
and that is one of the many places that
this is mentioned in is
that
and the is discussing a woman doesn't
have a
of
because is a that is
what if a woman wants to blow it
maybe even wants to hear
let's say a woman wants to blow that's
what the mission of the is discussing
could a woman blow
or could a woman not blow and the
makes a
from a
that
that if a woman would want to blow we'd
stop it you can't blow I don't mean a
woman being
a
a congregation with
that's a whole another story I'm talking
about a woman who wants to blow for
herself she says she knows there's a
mitzvah of shofar and she wants the blue
shofar. Could she or could she not? So
the Gemara makes a deyak in the Mishna
that it's mashma that she can't. But
says the Gemara it's also simple. Really
it's totally a machlokes. What's the
machlokes? Says the Gemara the tan in
the braysa "Daber el benei Yisrael" and
right afterwards the Torah says there's
a mitzvah of smicha on a korban. Zogt
the Gemara "Benei Yisrael daber benei
Yisrael somechin ve'ein benos Yisrael
somechos." Devey Rebbi Yehuda. Rebbi
Yehuda holds that if a woman wants to do
smicha, she cannot do smicha. Rebbi Yosi
and Rebbi Shimon and Rebbi Yosi and
Rebbi Shimon say "Nosnin somechos
reshus." She doesn't have to do smicha.
"Daber benei Yisrael" means doesn't have
to do but if she wants to do it, she's
allowed to do it. Now there was a
machlokes gedolei atanaim. Rebbi Yehuda
holds that if a woman wanted to do
smicha she wasn't allowed to do smicha.
Rebbi Yosi and Rebbi Shimon both said
that if a woman wants to do smicha, she
could do smicha. Says the Gemara this
shaila of whether or not a woman
can blow shofar and cannot blow shofar
is totally in this machlokes tanayim
whether a woman can do smicha or a woman
cannot do smicha. In other words, the
way the Gemara understands this shaila
of smicha is it's not a specific local
regional question related to smicha.
This is a
a shaila of international consequences.
And that is anytime a woman is patur
from doing a mitzvah, if she now wants
to do the mitzvah, can she do the
mitzvah or can't she not do the mitzvah?
Says the Gemara according to Rebbi
Yehuda that holds that a woman's not
allowed to do smicha, a woman can't blow
shofar either. Now the reason a woman is
patur from smicha was "Daber benei
Yisrael v'lo benei Yisrael." The reason
a woman is patur from shofar shaila is
because the mitzvah is "Ish ish" not
"Gever gever." It's not the same reason.
But the principle is the same. That a
woman is patur, can she or can't she
not? Rebbi Yehuda's shita is she cannot.
Whereas according to Rebbi Yosi and
Rebbi Shimon that says "Nosnin somechos
reshus," they just don't have a chiyuv
but if they want to they could. There's
no reason a woman shouldn't be able to
blow shofar either. Says Tosfos and this
is also a very long Tosfos and this
Tosfos comes up many places in Shas that
the Gemara the sugya began with a stam
Mishna. There was a Stam Mishna where
the Gemara made a deyak that a woman is
not allowed to blow shofar. If that's
the case, at first glance you should
walk away saying that the halacha is
like Rebbi Yehuda. A woman can't blow
shofar, a woman can't do mitzvah, a
woman cannot do any mitzvah that she's
not obligated to do. Any mitzvah that
she's patur. So if a woman wants to sit
in a Sukkah, you'd have to tell her,
"Sorry, can't sit in a Sukkah. You sit
in the dining room, we're going to sit
in the Sukkah. We're going to do what we
do."
That would be the pashut. It's a Stam
Mishna, right? Stating that, says
Tosfos. "Omer Rebbi Yosi Tanha." I
forgot the Stam Mishna could be Rebbi
Yehuda. Even though the Stam Mishna is
like Rebbi Yehuda that a woman can't
blow shofar, halacha is like Rebbi Yosi.
The halacha is like Rebbi Yosi. "Dinei
Mukayim." What Tosfos means is a lashon
of Gemara in Maseches Gittin, perek
Gomer, where the Gemara says the halacha
is always like Rebbi Yosi. "U'maiseira."
And Tosfos says, "I'll find you stories
in Shas where you find that women were
mekayem mitzvos that they weren't
obligated to do." Tosfos says, "Eiruvin
daf vov amud alef, Michal bas Shaul
hoisa manachas tefillin." Michal bas
Shaul used to wear tefillin, even though
women are patur from wearing tefillin.
"Ishto shel Yona hoisa oila l'regel."
Yona's wife used to be oila l'regel.
Bottom line is, Tosfos as a segues into
a very, very long discussion, can women
be mekayem mitzvos asei she'lo zman
grama or not? And Tosfos says that even
though it would be very tempting to walk
away from Rosh Hashanah amud alef and
say that a woman is not allowed to be
mekayem a mitzvah asei she'lo zman
grama. A woman can't blow shofar, it's a
Stam Mishna. But, says Tosfos, "I bring
you maiseira from places in Shas that
that's not the halacha." What about does
she make a bracha? So that's what Tosfos
says right here. "K'ilu machlokes is
between the Rambam and the Rambam
whether women make brachos when they're
mekayem mitzvos asei she'lo zman grama
or not. But either way, this is where it
comes from. The shaila is, what would be
the big deal? A woman is patur from a
mitzvah mitzvah asei she'lo zman grama.
So now she wants to Actually, she
doesn't have to blow shofar. She wants
to blow shofar. Why do we care so badly?
A woman doesn't have a chiyuv to do
smicha. She wants to do smicha. A woman
doesn't have to sit in a Sukkah. She
wants to sit in a Sukkah. What should be
the issue? So the answer is that most
Rishonim say that the whole discussion
of a woman not being allowed to
do a mitzvah that she's parted from
doing is only no gear where there's
double edge sword with an invoice that
comes along with this mitzvah. For
example, we're learning the Sugya of
Smicha. So, if a woman would go ahead
and do Smicha, so it's true. You on the
one hand you'll argue there's a mitzvah
to do Smicha, but here's the counter
argument. The counter argument is is
that when you lean the whole on an
animal, so you're benefiting from an
animal that's hectic. You'll be mild to
hectic. That's not something that you're
allowed to do. That's not something
you're allowed to do. So, every time
there's a discussion say the Rishonim of
a woman
doing a mitzvah that she's parted from
doing it's always in the context where
there's a side issue in the mitzvah.
It's just that there's a mitzvah. So, a
woman who's parted from doing the
mitzvah, maybe she's not allowed to do
it because of the side issue. But, let's
say you would have a mitzvah that has
Then it could
be in that case it wouldn't be a
problem. Like sitting in a Sukkah. Is
there a side issue from sitting in a
Sukkah? So, that's already a big
discussion. We learned the beginning of
the second Perek of Maseches Sukkah.
There's tremendous ray that I think we
spoke out when we were in Maseches
Sukkah at the time. She took it from a
small Zuzovsky and
but the bottom line is is that you would
have to sit down and analyze each
mitzvah that has no
and if you could come up with a side
issue, then you can argue maybe a woman
shouldn't be able to do it. But, if
there's no side issue in
say the Rishonim there's no stating that
there's a Rashi in Rosh Hashanah Gimel
and this Rashi is in Maseches Eruvin in
a few places where Rashi says, "You know
what the title of the Gemara is? That a
woman shouldn't be able to
You know why there's a sheet that says
that a woman's not allowed to do Smicha?
Cuz if a woman doesn't have a mitzvah to
do Smicha and she does Smicha she's over
Bal Tosif. Anytime a person's not to do
a mitzvah and they do the mitzvah,
there's a Bal Tosif. Rashi says this in
a few places in Shas. There's going to
be a a Bal Tosif. This Rashi means a Bal
Tosif
not a Bal Tosif
either way that's the first part. The
second part is is that we mentioned over
here that a Korban Sevor, a Korban
Musaf, who is the Balim of a Korban
Sevor? The Balim of the carbon C board
is only men. Women are not bylam of
carbon carbon C board. Only men are We
said the Shabbas Parsha. The reason is
is because how do you pay for the carbon
C board? It was paid for by the
machatzis hashekel. It's a mishna in
masechtas Keilim, right? The mishna says
in masechtas Shekalim that only men
contributed to the machatzis hashekel.
Women were parted from machatzis
hashekel. So if a woman is parted from
machatzis hashekel, she she has no
chelek in the carbon C board. If she has
no chelek in the carbon C board, so
based on that she can't be the bylam of
the carbon C board. Spoken about many
times that this is what Rebbe Akiva
Eiger in Teshuvos Siman Tes and Rebbe
Akiva Eiger also in Igros Moshe Siman
Kuf Lamed Beis brings from the Besamim
Rosh a chiddush halacha. He says that's
the case. Even though the Machaber
paskens that women are chayev in
tefillah, it's in Meforshei Halacha in
Shulchan Aruch that women are chayev in
tefillah. Eruvin Chaim Siman Kuf Vav Sif
Katan Aleph stating that says Rebbe
Akiva Eiger women would be parted from
davening Mussaf. Because tefillas Mussaf
is k'neged the carbon Mussaf. The carbon
Mussaf was a carbon C board. The carbon
C board was paid for by the machatzis
hashekel. Women are parted from
machatzis hashekel. Only men were
considered the bylam of the carbon C
board. How do I know that? It's from the
Gemara in Ein Yaakov. There's many
Gemaras, but this is one. The Gemara we
just learned. So based on this Gemara
right here and other Gemaras says Rebbe
Akiva Eiger it should come out that a
woman should be parted from davening
Mussaf. The kasha developed to ask from
Rebbe Akiva Eiger is if that's the case,
then the mishna also says that a katan
didn't contribute to machatzis hashekel.
And many rishonim say the definition of
katan really in machatzis hashekel was
me ben esrim shana u'ma'ala like the
pasuk says in Parshas Ki Sisa. The same
20 and older that contributed to the
machatzis hashekel in the times of Moshe
Rabbeinu. Only those were chayev in
machatzis hashekel in those days. So if
you're less than 20 years old, you're
not a chayev in machatzis hashekel. If
that's the case, anyone that's less than
20 should also be parted from davening
Mussaf. That's already a That's already
a very big chiddush. Some want to be
machmir and say there's an inyan not to
send someone that's less than 20 years
old to daven for Yom Kippur carbon C
board the
Mussaf. This is already that we've
spoken about in the past. But the Ein
Base Medrash Beis Yisrael chiddush and
that is is that there's a very important
flaw in the Yad Yehudah in masechtas
Berachos
daf
chof amud beis. And that's the makor
that discusses women whether they chiyuv
in tefillah or they're not chiyuv in
tefillah. It's a mishna. The mishna says
noshim v'avodim u'ktanim kturin
mikriashma u'min hatfillin v'chiyuvin
b'tefillah u'v'mezuzah u'v'birchas
hamazon. Think there's some great in
that mishna. So, the mishna says that
women are patur from kriashma and
fillin. They're chiyuv in tefillah.
They're chiyuv in mezuzah. And they're
chiyuv in birchas hamazon. Sukt the
gemara.
Chiyuvin b'tefillah. Why? D'rachmei no.
Because tefillah is rachamei.
What is tefillah? You're asking Hakadosh
Baruch Hu for rachamim. And women are
shiyach to rachamim. Just like men are.
Says the gemara stating that m'aud
detaima I would have thought holy shivah
erev uboker v'tzohorayim. Being that
with regards to tefillah it says when
are you supposed to daven? At night, in
the morning, in the afternoon. And where
does it say this? K'mitzvah she
sa'asheis mangaruma. You would have
thought it's a mitzvah she sa'asheis
mangaruma. K'moshma. Meaning the gemara
is saying that really you need to speak
out that women are chiyuv in tefillah.
Because the women would have mean they
should be patur. The havah minah is it's
a mitzvah she sa'asheis mangaruma. Being
that it's a mitzvah she sa'asheis
mangaruma you daven in the morning,
afternoon, and night. That's a classic
mitzvah she sa'asheis mangaruma. So, you
would think that women should be patur.
K'moshma lon it's rachamei. A poshut
shiyach is that even though it's a
mitzvah she sa'asheis mangaruma but
being that it's rachamim still the
halacha is that women are going to be
Says the Nadvirna Rebbe though all
tefillah is a rachamim. With the
exception of one. Musaf. Musaf is not
rachamim. Shacharis is rachamim. Mincha
is rachamim. Maariv is rachamim. But
musaf is connected to the korban musaf.
That's the whole idea of tefillas musaf
is in the shalom aleichem u'v'seinu.
Says the Nadvirna Rebbe it's not
rachamim. If it's not rachamim then you
have to have the m'aud detaima of the
gemara. It's a mitzvah she sa'asheis
mangaruma. Mitzvah she sa'asheis
mangaruma they will not be patur. But
really the gemara held that tefillah
should be a mitzvah she sa'asheis
mangaruma. No,
it's rachamim. Says the Nadvirna Rebbe
in his slach on that gemara broches daf
chof that being that this is not
rachamim it's for that reason that women
are going to be patur. I saw uh uh in
the Sefer Ish Yisrael. So, it brings an
af kaminah between Rav Akiva's reason
why women are patur, and why the and the
Nezer HaBehudah's reason why women are
patur. Meaning, Rav Akiva and the Nezer
HaBehudah couldn't took in
contemporaries and two gedolei Yisrael.
They were both mechaven to the same
chiddush. That even though the Mechaber
paskens that women are chiyuv in
tefillah, but they're patur from
tefillas mussaf. Rav Akiva said because
mussaf tefillas mussaf is connected to
the korban mussaf, which was paid for by
the machatzis hashekel, women had no
chelek in the machatzis hashekel, the
women are patur from tefillas mussaf.
Now, the Nezer came from a different
angle. He said that the Gemara held
tefillas mussaf is a mitzvas asseh
shezman gerama, not because it's
rachame. Mussaf is not rachame. Meaning,
so he said an af kaminah al halacha
would be, what about mussaf on Rosh
Hashanah? Mussaf on Rosh Hashanah is
kullei rachamin. That's the it's the
tefillah of of Rosh Hashanah. It's
mallei rachamin. According to the Nezer
HaBehudah, that the whole reason that
women are patur from mussaf is because
it's not rachame. That's true mussaf on
Rosh Chodesh. That's true mussaf on
Shabbos. But mussaf on Rosh Hashanah,
how can you tell me it's not rachame?
But according to Rav Akiva, that at the
end of the day, tefillas mussaf has a
connection to the korban mussaf. The
korban mussaf on Rosh Hashanah was also
paid for by the machatzis hashekel. So,
if women had no chelek in the korban
mussaf on Rosh Hashanah, that even
though there's so much rachame in this
tefillah, it doesn't matter. At the end
of the day, they're going to be patur.
They're not going to have a chelek in
it. Just one other ha'arah, one other
chiddush in this in Beis Medrash for lay
chiddush. And that is Nezer HaBehudah
says that really you can argue that I'm
saying what if a woman wants to daven
mussaf? Let's say she wants to. So, I'm
saying the chiddush of Nezer HaBehudah,
that even though women are chiyuv in
tefillah, they're patur from mussaf
because really it's a mitzvas asseh
shezman gerama, not because it's
rachame. Over here it's it's not
rachame. But let's say a woman wants to.
Could she or or could she not? It's
totally really in the first ha'arah that
we spoke out. This whole shailah, the
shailah of whether or not women could be
mekayem a mitzvas asseh shezman gerama
even though they're not obligated to or
not. But we know the halacha of course
is that women do. Right? A woman A
woman's allowed to be mekayem a mitzvas
asseh shezman gerama. But says Nezer
HaBehudah, I have a different shailah.
Because the know there's a major
and it's a
what a woman makes a
when she's
when you
it's all
that's what
it's all
on the side that a woman doesn't make a
when she's
so she's going to sit in a she doesn't
make a
cuz it's true she could be
but no
so no based on that maybe she shouldn't
be able to have either because the whole
of is
so the whole
of is and a woman can't make a when
she's
so even though she's allowed to be
even though she's from that standpoint
why not have a
if I could
sit in a I could have a I'll tell you
why because that's good according to the
that hold you a lot of
but if I can't make a
then I shouldn't be able to have a
so maybe this is a very big there's no
problem with a woman making a
that she's not to make that's not the
point if a woman's allowed to be kind of
then in theory she's able to make a
either
you know what the issue is when you make
a you say
the problem is the word
that's the issue I mean that a woman's
from a so she cannot say the word
if she can't say the word
that's where she's tripping up that's
where she has an issue time is the lady
over here there's no
when you have a you don't say
being that you don't say
it's for that reason there's not going
to be a problem just one final note and
you can't go by this without speaking
out another wrinkle to this beautiful
thesis and that is that we mentioned a
that the said in the context of this is
really last week's
but
but the
we've spoken about many times from the
in his
so he wrote a it's called
and it's really is
to his
on on and he begins with a well-known
the says the whole thing Rabbeinu went
up to Shamayim to mikabel the Torah,
shama kol Hakadosh Baruchu sh'osek
b'Parshas Parah Adumah." You heard
Hakadosh Baruchu's voice, and Kavyochol
Hashem was learning. And he was learning
Maseches Parah. And he said over halacha
in the name of Rabbi Eliezer, a halacha
with regards to the age of how old the
Parah Adumah has to be. "Amal lifnei
Ribono shel Olam, he rotsin sheyeitzei
m'chalatzai." He davened to Hashem, "I
should be zocheh that Rabbi Eliezer
should come from me." Amal es what he
had to say. "Talmud Chacham sheyeitzei
m'chalatzai." "Sh'neimar, "B'shem El
Eliezer." Pasuk says, "B'shem El
Eliezer." You're right, Eliezer. Of
course not the same Rabbi Eliezer. It's
a Medrash Pliah. But the bottom line is,
that's what the that's what the psukta
says. And and the Radal goes on to say
that it's it's interesting that if you
learn Maseches Parah, you're going to
find that the Tanna Rabbi Eliezer is
mentioned disproportionately. He counts
21 times that you have the Tanna Rabbi
Eliezer. And not just that, ordinarily
Rabbi Eliezer was makpid like Rabbi
Shimon, he was a machmir. But the
exception of three Rabbi Eliezer's in
Maseches Parah, every Rabbi Eliezer
there is meikel. And he has this whole
thesis. But the bottom line is, that was
the greatness of Rabbi Eliezer. Parah
Adumah is a machshavah amukah min
ha'amukos. Even HaMelech couldn't
fully grasp the sugyos of Parah. It was
so beyond him. And but Rabbi Eliezer
did. And that was this hispa'alus that
Moshe Rabbeinu had when he hears
Hakadosh Baruchu saying over Torah in
the name of Rabbi Eliezer, he was he was
blown away. "He rotsin sheyeitzei
m'chalatzai." The bottom line is, that's
the great Rabbi Eliezer. But here's the
chiddush. He says one beautiful thing.
Says he's a He found another psukta.
It's also B'Midbar Rabbah. So it's a
Medrash in two places. The Medrash says,
quote, "D'varim sh'lo niglu l'Moshe,
things that weren't revealed to Moshe,
niglu l'Rabbi Akiva v'chaveiro." They
were nisgala to Rabbi Akiva v'chaveiro.
Says the Radal, he thinks that that
Medrash, what's it referring to? Do the
things Rabbi Akiva knew? Rabbi Akiva
v'chaveiro that Moshe Rabbeinu didn't
know? He thinks it's the topic of Parah
Adumah. The topic of Parah Adumah that
Chazal say so many times is a machshavah
amukah min ha'amukos. Even Moshe
Rabbeinu didn't really know. Rabbi
Eliezer knew. Rabbi Akiva v'chaveiro is
referring to who? It's referring to
Rebbe Eliezer. Rebbe Eliezer was
Khaveiro of Rebbe Akiva even though
Rebbe Eliezer was Rebbe Akiva's Rebbe.
Akiva referred to him Khaveiro. He
discusses that and he says if you go
through Maseches Parah it is not Rebbe
Akiva. It is not Rebbe Akiva, Rav
Nehemiah, Rebbe Yehudah, all the Tanaim
that you find throughout Shas, you don't
really find. Now they knew Parah Adumah
and that's why it's Rebbe Akiva and
Khaveiro but they only knew because they
were Mekabel from their Rebbe, Rebbe
Eliezer. But it all came through the
conduit. Who was the person that was
able to understand Parah? It was Rebbe
Eliezer. He taught it to us and we have
a Hassagah in his Talmidim certainly had
Hassagah in it.
But it all came from Rebbe Eliezer and
that's the Divrei HaShem Niglu LeMoshe,
Niglu LeRebbe Akiva VeKhaveiro. Moshe
Rabbeinu hears a Maimar from Rebbe
Eliezer and HaShem tells Moshe that even
though true maybe you are Mechadeish to
it, but Yichud it's it's someone that
that's going to come from you. Bottom
line that's Rebbe Eliezer and Halachos
of Parah and on that note we'll finish
the Daf. Doctor Yumarah Vayiten Misarvu
Bechoros and Maseos what happens if two
Kotzim were Misarvu not Min BeMinai but
in this case it was Min BeShe
Einai Einai. So what do you do now? A
Chatas and an Olah. Chatas is Dam
Lemalah, Olah is Dam Lematah.
The Chazois, Zrikos it's a whole
different Hakafah. So what are you
supposed to do now? So the Mishnah says
you have to let both animals graze. You
have to wait until they get a Mum. You
sell both of the animals. You take the
money you buy a Chatas and an Olah. What
if the animals aren't worth the same
amount of money? Let's say one animal is
worth $1,000 other one is $500. So are
you going to and you don't know which
was the Chatas which was the Olah? So
you buy a $1,000 Chatas and a $500 Olah
or a $1,000 Olah and a $500 Chatas? You
have to buy a $1,000 Chatas and a $1,000
Olah and whoever patched up he's the one
that's going to have to pay the
difference. He's the person you send the
bill to. But the bottom line is you're
going to end up buying a $1,000 Chatas,
$1,000 Olah. This is all if none of the
animals were either a Bechor or Ma'aser
Behemah. If one of the animals was
Bechor or Ma'aser Behemah, so there's an
added wrinkle the Mishnah said. The
added wrinkle is is that you're not
allowed to sell a you're not allowed to
sell myse bechor. So possibly the Torah
is now letting us sell. And being that
you can't sell them, so you don't have
the eitzah where do they get them all
and then sell both animals? Cuz you're
now allowed to sell both. Now, what if
it was an oila and a bechor? So you
could sell the oila, you can't sell the
bechor. So what do you do? You wait for
the oila and the bechor to both get a
mum.
Follow the steps. After they both get a
mum, you sell the oila.
The problem is is you don't know which
one is the oila. So you have to assume
the more expensive one is the oila. So
if it was a thousand and a five hundred,
you have to assume it
it was a it was more expensive one. So
you're going to now be poideh the oila.
Again, you're being poideh the oila.
You're going to take a thousand dollars
now and buy a new carbon oila to replace
the oila. The oila that you were poideh
is now chulin. It's to mix together with
the bechor and you're going to have to
now leave them cuz again, you can't sell
both. And now let them both go to chulin
cuz the bechor you're now allowed to
sell. So you can now treat this taruvah
as as if they're both bechor. That's
what you have to do. And you follow the
rules of the bechor. Now, the good news
is is that uh you're allowed to eat a
bechor. That's a baal mum. So it's not
the end of the world. It's not so bad.
But the point is you can't sell both,
let them both be chulin, do whatever you
want, and now the the kedushah was
transferred to the money and now figure
out what you do with the money. In this
case, when one of them was a bechor that
you cannot be poideh, the option of
selling both isn't a viable option. As a
result, you have no choice but to only
sell one. Says the Gemara, Amar Rabbi
Berachya
um Rabbi Berachya said,
In the
bechor of Beis Shammai, in machlokes um
the nidah, so the halacha is that a
bechor has kedushah.
A bechor is a carbon. Right? When you
think of a bechor in the times of the
Beis Hamikdash, there's really two
components to it. There was a there was
a carbon component, there was the
cheilev that went to the gavoha, and
then there was the matanas kunos. One of
the chof daal matanas kunos. The it went
to the kohein. You gave it to the
kohein. The kohein had an obligation to
bring it to
the Beis Hamikdash, to bring it as a
carbon, and and he was able to eat the
he was able to eat the basar. There's
one big chiddush that you have in bechor
that don't have anywhere else in
kodshim. The Gemara says that in many
times. And that is ordinarily once an
animal has a mum, there's no dinei
hachrava, there's no dinei nesina. A
bechor ba'al mum still has a mitzvas
nesina. The kohen gets to keep the
bechor ba'al mum. Not just that, once it
has a mum, it has a lesser degree of
kedusha, but there is some level of
kedusha nonetheless.
Beis Shammai said that
a bechor that's a ba'al mum, the halacha
is you're not allowed to give a nidah to
it. So even though a bechor ba'al mum
has a lesser kedusha, so for example, a
zar is allowed to eat it, and certain
temei'im are allowed to eat it, but a
nidah is not allowed to eat it. What's
unique about a nidah is she's like a
zavah or a zavah, she has a tum'ah
hayotzei'es migufah, which has a very
special place in halacha, it's
considered a tum'ah chamurah. So even
though there are people that ordinarily
can't eat kodshim, a bechor ba'al mum
they're allowed to eat. But Beis
Shammai's shitah is that you're not
allowed to be meichal a bechor ba'al mum
to a nidah. Clearly the Gemara is
saying, "Mah hu?" What if somebody has
temurah? So you have a temurah of a
bechor ba'al mum, can you give it to a a
nidah or not? So the bechor ba'al mum
itself, not. What about the temurah? So
the Gemara says another shailah, "Bechor
ein lo niftar." We know that a bechor
even a ba'al mum you can't be poider.
Oh, we just said that's our mishnah. A
bechor even a ba'al mum you can't be
poider. "Temurah say mah hu?" What about
the temurah of a bechor ba'al mum? It
takes on the life of a bechor. Could you
be poider it or not? "Bechor ein lo
nishkal balitrah." The kohen wants to
sell the bechor, so he's not allowed to
sell it in the shuk. So ordinarily
somebody wanted to sell meat, so they
would go to the shuk and they would put
it on this weight, think of them as
nayim, elo, right? You'd put the meat on
one side, you'd put a weight on the
other side, so they'd be able to know
b'dyuk how much this meat weighs, so
you'd be able to maximize the amount of
money that you're going to get from
selling this this piece of meat. A
bechor, a kohen is not allowed to sell
his basar with this litrah. It's
considered a bizayon, a zilzul for the
flesh. You can't do it, even if it's a
mum. Even if the bechor had a ba'al mum,
it doesn't matter. Lesser kedusha, you
still can't sell it. The shailah is,
baal mum ain lo nishkal ba litra.
T'muras What about the t'mura of a baal
mum?
Lesser kedushas, one step less. If
there's a mum, it's even the t'mura.
Could I sell it ba litra? Could I not?
Omar Rava, so Rava said, Tanya, I'll
bring you a rai braisa says, baal mum
has a mum. We need
to deal with a baal mum.
What is the t'mura? This t'mura? The
t'mura
What does it mean? Checkmate. It says
clearly, t'mura
What does it mean? It means a need to
can't eat it. You can't be poyel it. And
it means it's nishkal ba litra. But R'
Akiva asked a different shaila.
This is why it's in our sugia. What
would be if a kohen had a baal
mum and he decided to donate his baal
mum to Beis Hamikdash? So he has a baal
mum and he now decided to donate his
baal mum to Beis Hamikdash, to the
construction of the Beis Hamikdash.
Can't go on the mizbei'ach, obviously,
it has a mum. But he wants it to go to
Beis Hamikdash. What's hekdesh going to
do? They're going to sell it. And when
they sell it, they're going to take the
money and they're going to invest in the
in the maintenance of the Beis
Hamikdash. The shaila is, when hekdesh
now sells it, ma'asheh yishkal ba litra.
Are they allowed to sell it
in this way, where you put it on the
miznayim, to get the maximum value of
it, or you're not allowed to? What's the
shaila? The shaila is that why is a
kohen not allowed to do it? Meaning, if
you have a kohen has this piece of meat
and he wants to sell it. So the piece of
meat is worth $100. If he just sells it,
you know, based on people's best guess,
he's going to get $90. That's right. If
he could put it on the miznayim and show
that it's really $100, then he's going
to get $100. So the kohen is losing $10
by not putting it on the miznayim. But,
staying that it's hekdesh, and we're not
going to allow the kohen to make an
extra $10 at the expense of hekdesh. But
over here, tiny is the gemara, who's the
beneficiary of the proceeds of this baal
mum? The kohen was makdish it to Beis
Hamikdash. So now the beneficiary is
going to be hekdesh. So maybe you could
sell it on this litra. Meaning, even
though there's a bazillion, but being
that hectish will gain the profit from
it, maybe it's Kadaya little
bazillionness to to make a few dollars.
Tiny
Ralph could the hectish audit? What's
more important? Making money or you
doing
the
or maybe not being
an age-old question. Says the
Tush man, the Mishnah said that if
there was an oil for example and it was
with
us
you actually start we have to wait till
all the animals get up. Boom. The
what does it mean
doesn't mean that if there's then wants
to sell it they can't sell it the
literal. That's the
of the
but the says
and they both said even if you're right,
even if when the price is says
what it means is is that you're not
allowed to sell it.
You're not allowed to sell it in this
way. This
says the but I don't think it's a
because
fish
what do you Mishnah it's a similar
situation in our Mishnah right now
hectish owns these animals so hectish is
losing out and still it says
you have to follow the
which means this
so you're you're telling me that hectish
is going to lose out and still you can't
sell it the literal. But the wants to
say that over there
the thing that's going to lose is the
oil. It's the other animal that was
missariv. So it could be you don't have
a right to be missal one animal to
profit for another animal. But over here
over here where it's all in the same
animal I'm going to profit from this
animal by being missal on this animal.
Maybe over here it would be okay. So
even though there is a it is a it's not
a perfect
I'll ask you another question. wanted to
know if you're allowed to sell a carbon
with this
lishka with this mishka belitra into
profit for hectic.
Kind of obvious but I have an if that's
the case maybe you should be able to be
paid a as well. I mean we know you're
not allowed to be paid a
maybe you should be able to be paid a
but I don't even know what I'm talking
about.
So new new
if someone's not this
maybe you should be able to be paid it
as well. I mean if you're entertaining
the side that you could sell it in this
ocean of
maybe you should be able to pay this as
well but the says
you ask me a question
of course you can. I love
I mean says going back to the original
again if a coin had this carbon. So if
you wanted to sell it he wouldn't be
able to sell it in the way people
ordinarily sell meat. Now he was
could
sell it in that way. So the says he is
the real question
as far as like
we are
as if the element over here he gave him
his rights his rights were limited in
the sense that he couldn't sell it in
this way being that his rights were
limited in the fact that he can't sell
it in that way hectic
won't be able to sell in that way
either. We'll just end with one last
order. And that is mentioning this
you're not allowed to sell the that's
what the mission says. So if you have a
for example it's a different
because you can't be paid even if it has
a
you're not allowed to be paid there's an
issue to be paid
interesting. You know why it's
interesting? Because it's in sharp
contrast to a
other. I mean you are discussing
the one that was what do you do with the
other? It's just the opposite kind of
other
and what are you supposed to you're
supposed to be paid that's what
is paid means paid so the father the
child goes. He's paid instead of this
child remaining
of so to speak he redeems him for five
he finds
kind of a kiss and and he goes and he's
paid up. He's paid up this He's paid up
this child. So, it's funny that when it
comes to a behavior of the Torah says
lice sister in contrast to all other
cultures where there's a pidyon. But
when it comes to Adam, here is just the
opposite. I'll just tell you one
interesting that I saw in the safer
Moshe. That's from Moshe and he brings
from the safer dark game Moshe who said
that what's
So, you have this You have a child, your
firstborn of a car. He's a She's a
literally. What's the first thing you
do? The first thing you do is you pay
them. You remove his kosher. It seems so
sacrilegious. Just the opposite.
Wouldn't it make more sense to allow him
to keep his kosher and raise this child
as a
Why are you removing the kosher of this
child? He said an unbelievable hair. He
said that in our religion, we need to
work for the
that we're going to achieve and nothing
is supposed to be handed to a person on
on a silver spoon. And we're supposed to
work for things. And that's the message
of the car. The message of that this
child was born a
realize that if somebody gives you
that is not going to have such a It's
not going to get you far in life. What
do you mean? Let the child just be a Let
him grow up a What kind of is he going
to be? Because he was the firstborn
child, he was a and
there's something special about him. No,
no, no. It doesn't work that way. The
only way has a
The only way it remains is when it's
when it's worked for. When it's
something that's achieved through a
through a
When you work for something, then you
have a But when you don't work for
something, you don't have a and he says
perhaps the perfect the perfect paradigm
for that is the
as they're traveling through the midbar.
As we go through these
The they're traveling in the midbar and
they had seen unbelievable
at
and then again they had seen
and the minute there was any slip up
whatsoever, they started complaining.
How do you reconcile those two things?
It doesn't make any sense. On the one
hand, you have a nation that so much
had
and then again you have a nation that
the minute something is a little
imperfect, something isn't right, they
start complaining. He says, "Imagine
this. Imagine this." One of the
complaints that the Yidden had was is
they turned to Moshe Rabbeinu and they
say, "You know, we remember when we were
in Mitzrayim, we had cucumbers, we had
Right? We had good food." He says, "Stop
suffering, Yirmeyahu Hanavi. You're
sitting around and he's complaining to
Hashem. I remember the days, you know,
when when I had cucumbers and
You can't even say it with a straight
face. It seems so silly. And here you
have the Yidden that are
They're They reached greater
of Yirmeyahu, greater than
Ben Buzi. And yet they're complaining
over pettiness, over silliness. What's
the
The is very simple. Yirmeyahu Hanavi,
you know why you can never fathom it?
Because he achieved his on his own
merit. Not Yirmeyahu Hanavi was about
and he was
and he lived a life of making good
decisions, decisions of
decisions of
He became so by
became Yirmeyahu. You're right. Someone
on that is not possible.
We remember the
It's not But the Yidden never worked for
anything. We got a gift. promised
Avraham,
that
and that one day that they would stand
by
and be
and they would see
So like this
and all the
that took place in all these that took
place. That was all but it was given to
them. They got it on a silver platter.
Easy come, easy go. That's a reality.
And that's the message. The message of
is that
is that a child is born into this world,
he's born with it's very nice. He's a
but the first thing we do is we remind
them that things that come easy don't
have a and if I'm going to give it to
you on a silver platter, it's not going
to get you that far in life. In order to
achieve a person has to work and when it
works on it, that's when it really does
have a and if I'm going to give it to
you on a silver platter, it's not going
to get you that far in life. In order to
achieve
a person has to work and when it works
on it, that's when it really does have a
kill.