12TH CYCLE DEDICATION

BECHOROS BECHOROS 31 - Dedicated l'Iluy Nishmas Mrs. Lily (Leah bas Pinchas) Kornfeld, who passed away on 8 Av 5765. Dedicated by their daughter and son-in-law, Diane and Andy Koenigsberg and family. May her and her husband's love for Torah and for Eretz Yisrael continue in all of her descendants.

1)

REPENTANCE

(a)

Version #1 - Rashi - (Beraisa - R. Meir): If an Am ha'Aretz (or Kohen or Levi) originally did not accept a matter of Chaverus (or Leviyah or Kehunah, and now he agrees to accept everything), we never accept him;

(b)

Version #1A: R. Yehudah says, if he impoved his ways only in private, we do not accept him. If he repented (even) in public, we accept him;

(c)

Version #1B (of R. Yehudah): If he sinned in private (he did not descecrate Hash-m's name), we accept him. If he sinned openly, we do not accept them.

(d)

Version #2 - Tosfos - (Beraisa - R. Meir): If an Am ha'Aretz (or convert, Kohen or Levi) accepted Chaverus (or the Mitzvos, Leviyah or Kehunah, and did not fulfill it), and seeks to repent, we never accept (trust) him;

(e)

Version #2A: R. Yehudah says if (only) in private he returned to his sinful way, we do not accept him (for he is a deceiver). If he openly stumbled, we accept him;

(f)

Version #2B: If we saw him fulfill his acceptance in private (before he sinned), we accept him. If we saw him fulfill it (only) in public, we do not accept him. (end of Version #2)

(g)

R. Shimon and R. Yehoshua ben Korchah say in either case we accept him - "Shuvu Banim Shovevim."

(h)

(R. Yitzchak of Ako): The Halachah follows R. Shimon and R. Yehoshua.

(i)

(Beraisa): Initially, if a Chaver became a tax collector, he ceased to be considered a Chaver. Even if he ceased to be a tax collector, he would not be accepted for Chaverus;

1.

They retracted to say that if he ceased, he is like anyone else. (He can accept Chaverus.)

(j)

Chachamim needed to ask questions of Rav Huna bar Chiya (Rashi; R. Gershom - he fell sick; Maharsha - he needed money, so he became a tax collector). Rabah, Rav Yosef and 400 pairs of Chachamim were heading towards him; he prepared to receive them. They heard that he became a tax collector, and sent to him "you chose what you want. We will not come to you." He promised to quit his job.

(k)

Rav Yosef did not go to him, for the Beraisa says that even if he ceases, he is not accepted;

(l)

Rabah went to him, for Chachamim retracted to say that if he ceases, he is like anyone else.

2)

RULING ABOUT ONE'S OWN PROPERTY

(a)

(Beraisa): One may inspect (a Mum on) any Bechor, except for his own;

(b)

He may inspect (even) his own Kodshim (except for Bechor) or Ma'aser (Behemah), and rule about his own Taharos.

(c)

Question: In what case may one inspect any Bechor except for his own?

1.

One person may not check by himself. Three are needed!

(d)

Answer #1: He is one of three that check.

(e)

Rejection: If so, he would not be suspected! (He may be one of those who check his own animal.)

1.

(Mishnah): If Leah did Mi'un or Chalitzah in front of Reuven, he may marry her, because this requires a Beis Din. (We do not suspect the other judges!)

(f)

Answer #2: Really, he checks by himself, like Rav Chisda taught (elsewhere) that an expert is like three (regarding permitting vows);

1.

Here also, one expert may check a Mum.

(g)

He may inspect his own Kodshim (other than Bechor). He is not suspected, for he could retract his Hekdesh (like Hataras Nedarim) if he wanted;

(h)

He may inspect his own Ma'aser. He is not suspected, for he could have put Mumim in his entire herd before taking Ma'aser. (This is permitted, for they were Chulin at the time.)

(i)

He may rule about his own (Chulin) Taharos. He is not suspected, for even if they are Teme'im, he could eat them when he is Tamei.

PEREK KOL PESULEI HA'MUKDASHIM
3)

SELLING PESULEI HA'MUKDASHIM

(a)

(Mishnah): All Pesulei ha'Mukdashim may be slaughtered and sold in the Itliz (meat market), and weighed b'Litra\ (in units of even though this is a disgrace to Hekdesh), except for Bechor and Ma'aser, for the Hana'ah (benefit, i.e. money received for them) belongs to the owner;

1.

The Hana'ah of (other) Kodshim is Hekdesh. (It is used to buy a similar Korban.)

(b)

One may weigh meat of Bechor against meat (Rambam - of Bechor, to equate the portions; Rashi - of Chulin, of a known weight).

31b----------------------------------------31b

(c)

(Gemara) Question: What is the case (in which Hana'ah of Kodshim is Hekdesh)?

1.

It is not after redemption. Money received after Pidyon belongs to the owner!

(d)

Answer #1: It must be before Pidyon.

(e)

Question: If they are slaughtered, Pidyon will be impossible, for Ha'amadah and Ha'arachah (standing it up before a Kohen for appraisal) must be done first!

1.

There is no question according to the opinion that Ha'amadah and Ha'arachah do not apply to Kodshei Mizbe'ach. We ask only according to the opinion that they do apply.

(f)

Answer #2: Really, it is after Pidyon;

1.

When appraising them, the Kohen knows that they may be slaughtered and sold in the Itliz and weighed normally, so he sets a higher redemption price. This is Hana'ah for Hekdesh.

(g)

(Mishnah): Except for Bechor and Ma'aser, for the Hana'ah belongs to the owner.

(h)

Question: Granted, one may not sell Bechor in the Itliz, but one may sell it in his house;

1.

However, it is misleading to say that Ma'aser may not be sold in the Itliz. It may not be sold anywhere!

i.

(Beraisa): It says about Bechor "Lo Sifdeh." It may be sold (even) while alive;

ii.

It says about Ma'aser "Lo Yiga'el," it may not be sold alive or slaughtered, Tam or Ba'al Mum.

(i)

Answer (Rav Sheshes, based on a Beraisa): The Mishnah alludes to Ma'aser Behemah of orphans. It may be sold (privately in the house) to avoid a loss.

(j)

His servant, Rav Idi, said this in the Beis Medrash, without citing Rav Sheshes; when Rav Sheshes found out, he was upset.

(k)

Rav Sheshes: One who stings should be stung by a scorpion (i.e. excommunicated)!

(l)

Question: Why was Rav Sheshes upset?

(m)

Answer - Question (Rav Yehudah): How do we understand "Agurah b'Ohalcha Olamim"? Can one live in two worlds?

1.

Answer (Rav Yehudah): David requested that teachings be said in his name in this world (after his death);

2.

(R. Yochanan): If a teaching is said in the name of a deceased Chacham, his lips move (Tosfos Yeshanim - drip) in the grave.

3.

(R. Yitzchak bar Ze'iri): He learns from "v'Chikech k'Yein ha'Tov... Dovev Sifsei Yeshenim";

4.

His lips are like a bucket of grapes. If they are touched, they move (Tosfos Yeshanim - they exude juice).

4)

THE HETER TO SELL MA'ASAR BEHEMAH

(a)

Question: Which Beraisa did Rav Sheshes learn from?

(b)

Answer (Beraisa): Ma'aser Behemah of orphans may be sold;

1.

(The meat of) a slaughtered Ma'aser Behemah may be sold b'Havla'ah (together, for one price) with the skin, Chelev, Gidim and horns. (He sells these for an inflated price, and gives the meat for free with them.)

(c)

Question: What does this mean? (First it says that Ma'aser may be sold (normally), then it says that it may be sold only b'Havla'ah!)

(d)

Answer #1 (Abaye): A (slaughtered) Ma'aser Behemah of orphans may be sold b'Havla'ah.

1.

Inference: Ma'aser Behemah of adults may not be sold (even) b'Havla'ah.

2.

Question: Why is this different than an Esrog of Shemitah, which may be sold b'Havla'ah?

i.

(Mishnah): When one buys a Lulav from an Am ha'Aretz in Shemitah, the seller gives an Esrog for a gift, for one may not buy it. (We do not pay an Am ha'Aretz for Shemitah produce, lest he not treat the money with Kedushas Shemitah. One may buy the Lulav, for it is inedible, so it and the money paid for it have no Kedushah.)

ii.

Question: What can one do if the seller does not agree to give it for a gift?

iii.

Answer (Rav Huna): One buys it b'Havla'ah with the Lulav.

3.

Answer: Regarding an Esrog, the ruse is not evident, for the price charged for the Lulav is reasonable (Esrogim are relatively cheap);

i.

Regarding Ma'aser, the ruse is evident, for the meat is worth much more than the skin (and Chelev, etc.) No one would pay so much for skin alone.

(e)

Objection (Rava): If the Beraisa were all one clause, it would not say "Ma'aser Behemah"... and then repeat "Ma'aser Behemah"!

(f)

Answer #2 (Rava): It means that Ma'aser Behemah of orphans may be sold normally;

1.

A slaughtered Ma'aser of an adult may be sold b'Havla'ah with the skin, etc... .

(g)

(Rava): I learn from "(v'Lo Yemirenu... v'Im Hamer Yemirenu) v'Hayah Hu u'Semuraso Yihyeh Kodesh Lo Yiga'el" - just like Temurah applies while it is alive, also the Isur to sell it;

1.

Chachamim decreed against selling it after Shechitah, lest one sell it before Shechitah;

2.

They decreed only about what is (important and) commonly sold in the animal's lifetime (i.e. meat);

3.

Chachamim did not decree concerning orphans.

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