1)

STORES THAT PAY TAX TO IDOLATRY (cont.)

(a)

(R. Yochanan): One may not buy even from stores crowned with fruits;

1.

Benefit from idolatry is forbidden, and all the more so giving benefit to it!

(b)

Question (against Reish Lakish - Beraisa #1 - R. Noson): On the day that the idolatry pardons taxes, they announce 'anyone who honors the idolatry by putting crowns on his head and his donkey's head, he is exempt. Others are liable.' What should a Yisrael do?

1.

If he dons a crown, he benefits from (the smell of) the idolatry!

2.

If he does not don a crown, he benefits the idolatry (he pays tax to it)!

3.

Therefore, one who buys or sells in the fair of idolatry may not benefit from what he got;

i.

If he bought an animal, we cut its legs below the knee. Peros, clothing or Kelim are left to rot. We throw metal Kelim or (if he sold and received) money in the Dead Sea.

4.

Summation of question: The Beraisa forbids benefiting the idolatry!

(c)

Answer (Rav Mesharshiya brei d'Rav Idi): Reish Lakish holds that Chachamim argue with R. Noson, and he rules like Chachamim;

1.

R. Yochanan holds that all agree with R. Noson.

(d)

Question: A Beraisa argues with R. Noson (and R. Yochanan knew the Beraisa)!

1.

(Beraisa #2): One may go to a bazaar of Nochrim, and buy animals, slaves, houses, fields and vineyards;

2.

He may go to their courts (to get deeds of ownership), lest he lose the property;

3.

A Kohen may go to Chutz la'Aretz, even though this makes him Tamei mid'Rabanan, to plead his case;

4.

Similarly, he may become Tamei there (passing through) a cemetery for this.

5.

Objection: That is Tum'ah mid'Oraisa. Surely it is forbidden!

6.

Correction: Rather, he may become Tamei through a Beis ha'Pras (a field in which a corpse was plowed). Its Tum'ah is mid'Rabanan (perhaps the plow dragged bones and he will step on one).

7.

He may become Tamei (mid'Rabanan) to learn Torah or marry a woman.

8.

R. Yehudah says, if he can find a Rebbi here, he may not become Tamei to learn elsewhere.

9.

R. Yosi permits this, for perhaps he will learn better from the Rebbi there;

i.

Yosef ha'Kohen followed his Rebbi to Tzidon (in Chutz la'Aretz) to learn.

10.

(R. Yochanan): The Halachah follows R. Yosi.

(e)

Answer: The Beraisa agrees with R. Noson. One may not buy from a merchant, for the idolatry collects taxes from them;

1.

The Beraisa permits buying from a regular person, from whom they do not collect taxes.

2)

WHAT TO DO TO FORBIDDEN ANIMALS

(a)

Question: Beraisa #1 says that if one bought an animal, we cut its legs. One may not cause (unnecessary) pain to animals!

(b)

Answer (Abaye): "Es Suseihem Te'aker" (teaches that this is proper).

(c)

(Beraisa #1): If he bought an animal, we cut its legs below the knee.

(d)

Contradiction (Beraisa #3): (After the Churban) one should not make things Hekdesh or vow Erchin (an amount of money based on a person's age and gender) to Hekdesh;

1.

If one was Makdish, we ensure that no one will benefit from it as follows. We are Me'aker an animal. We leavePeros, garments or Kelim (in a place where no one will take them) to rot. We throw metal Kelim or money into the Dead Sea;

13b----------------------------------------13b

2.

'Ikur' means locking it up so it will starve to death.

(e)

Answer #1 (Abaye): We do not cut the legs of Hekdesh, for that would be disgraceful (the animal would survive a long time with cut legs).

1.

Question: We should slaughter it!

2.

Answer: Perhaps someone would come to eat it.

3.

Question: We should cut it into two halves!

4.

Answer (Abaye): "You will break their altars... Lo Sa'asun Ken la'Shem."

(f)

Answer #2 (Rava): We do not cut its legs, for that would look like blemishing Hekdesh.

(g)

Question: That is truly blemishing Hekdesh!

(h)

Answer: When the Mikdash stands, the animal is destined to be offered, it is blemishing Hekdesh;

1.

Nowadays that the animal cannot be offered, it is permitted (mid'Oraisa, and forbidden mid'Rabanan because it looks like blemishing Hekdesh).

(i)

Question: It should be forbidden mid'Oraisa, just like putting another blemish in a blemished Korban;

1.

Even though the Korban cannot be offered, one may not blemish it further!

(j)

Answer: A blemished Korban cannot be offered, but it is redeemed and we offer a replacement with the redemption money;

1.

Nowadays, we cannot offer the animal or its value (so mid'Oraisa one may blemish it).

(k)

Question (R. Yonah): What is the law regarding slaves? (Are we Oker them?)

1.

Surely, we do not harm Yisrael slaves. The question is about Nochri slaves.

(l)

Answer (R. Ila'i - Beraisa): We do not cause Nochrim or shepherds of small animals (who constantly steal by grazing their animals in others' fields) to die, nor do we save them. (I.e. we are not Oker Nochri slaves.)

3)

WHAT MAY WE BUY?

(a)

Question (R. Yirmeyah): The Beraisa permits buying slaves. Is this only Yisraelim, or even Nochrim?

(b)

Answer #1 (R. Zeira): Presumably, it is only Yisraelim. Why should we be lenient to allow buying Nochrim?

(c)

Answer #2 (Ravin): We may buy even a Nochri. He will become an 'Eved Kena'ani', who keeps the Mitzvos incumbent on women!

(d)

Objection (Rav Ashi): That does not explain why one may buy animals!

(e)

Answer #3 (Rav Ashi): Rather, one may buy animals for this is detrimental to the Nochri. This also justifies buying a Nochri slave.

(f)

R. Yakov bought a sandal (at a Nochri bazaar). R. Yirmeyah bought bread. Each rebuked the other 'Your Rebbi would not do so'!

1.

Each bought from a regular person, but thought that the other bought from a merchant.

2.

(R. Aba brei d'R. Chiya bar Aba): One may not buy from a merchant, for the idolatry collects taxes from them;

i.

One may buy from a regular person, for they do not collect taxes from him.

(g)

(R. Aba): Had R. Yochanan seen that here, the idolatry collects taxes from regular people, he would have forbidden that also!

(h)

Question: If so, why did R. Yakov and R. Yirmeyah buy?

(i)

Answer: The idolatry collects from regular people who always sell. They bought from regular people who do not normally sell.

4)

ITEMS UNIQUELY USED FOR IDOLATRY

(a)

(Mishnah): One may not sell the following to Nochrim (they will be explained in the Gemara): Itzterobelin, Benos Shu'ach, Petoteros, frankincense, and white chickens;

(b)

R. Yehudah permits selling a white chicken among many chickens;

1.

If one sells only a white chicken, he must cut off its leg;

2.

Nochrim do not offer to idolatry animals or birds missing a limb.

(c)

All other things are permitted if Stam, but forbidden if specified (this will be explained).

(d)

R. Meir forbids selling a good Dekel (date tree), Chatzav, and Niklas to a Nochri.

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