BECHOROS 51 (4 Sivan) - Dedicated in memory of the family members of Mr. David Kornfeld (Rabbi Kornfeld's father) who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), his brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov, sons of Mordechai), his grandfather (Reb Yakov Mordechai ben Reb David Shpira) and his aunt (Charne bas Yakov Mordechai Shpira, wife of Reb Moshe Aryeh Cohen z'l).
1)
(a)Having taught us the Din of Manah Tzuri with regard to the thirty of an Eved, the fifty of Oneis and Mefateh, and the hundred of Motzi-Shem-Ra, why does the Mishnah need to add 've'Chulan be'Shekel ha'Kodesh be'Manah Tzuri'?
(b)Why might we have thought otherwise? What does the Torah write by Pidyon ha'Ben, Eved and Mefateh, but not by Oneis and Motzi-Shem-Ra?
1)
(a)Having taught us the Din of Manah Tzuri with regard to the thirty of an Eved, the fifty of Oneis and Mefateh, and the hundred of Motzi-Shem-Ra, the Mishnah needs to add 've'Chulan be'Shekel ha'Kodesh be'Manah Tzuri' to include Oneis and Motzi-Shem-Ra in the Din of Shekel ha'Kodesh (a Sela and not just a Dinar).
(b)We might have otherwise thought that - since the Torah does not specifically mention "Shekalim" (as it does by Pidyon ha'Ben, Eved and Mefateh), he does not need to.
2)
(a)Besides Shekalim, which other two exceptions are there to the rule that one is permitted to pay with goods as well as money?
(b)We learn that Shekalim must consist of a minted coin from the Mishnah in Shekalim, which permits mixing Darkonos (a large golden coin (exclusively]) with Shekalim). Why did the Chachamim permit this?
(c)From which Pasuk in Re'ei do we learn the restriction by Ma'aser Sheini?
(d)And what reason do the Chachamim give with regard to the two Ma'ah of Ra'yon?
2)
(a)Besides Shekalim, the two exceptions to the rule that one is permitted to pay with goods as well as money are - Ma'aser Sheini and the Olas Rei'yah on Yom Tov (which can only be redeemed with minted coins).
(b)We learn that Shekalim must consist of a minted coin from the Mishnah in Shekalim, which permits mixing Darkonos (a large golden coin (exclusively]) with Shekalim), which the Chachamim permitted - in order to facilitate their transportation to Yerushalayim.
(c)We learn the restriction by Ma'aser Sheini from the Pasuk in Re'ei - "ve'Tzarta ha'Kesef (which implies minted coins) be'Yad'cha".
(d)And the reason the Chachamim give with regard to the two Ma'ah of Ra'yon is - to avoid bringing bits of broken silver to the Azarah (which people may otherwise well do).
3)
(a)What does our Mishnah say about ...
1. ... redeeming a firstborn son with Avadim, Sh'taros, Karka or Hekdesh?
2. ... a father giving a Kohen a promissory note to pay him five Shekalim for Pidyon ha'Ben?
(b)What does the Tana extrapolate from there with regard to the Kohen returning the promissory note?
(c)And what does he say about a case where the father separates five Shekalim for Pidyon ha'Ben and then loses it?
(d)How do we learn this from the Pasuk in Korach "Kol Petter Rechem Yih'yeh lach ... Ach Padoh Sifdeh"? To whom was this Pasuk said?
(e)If the father gives the Kohen a promissory note for five Shekalim, which he duly pays, seeing as mid'Oraisa, he has fulfilled his obligation, why did the Rabbanan require hi to pay the money again?
3)
(a)Our Mishnah rules that ...
1. ... one cannot redeem a firstborn son with Avadim, Sh'taros, Karka or Hekdesh.
2. ... if a father gives the Kohen a promissory note to pay him five Shekalim for Pidyon ha'Ben - he is obligated to pay him, but his son is not redeemed until he does.
(b)The Tana extrapolates from there that - the Kohen is permitted to return the promissory note (See Tiferes Yisrael).
(c)He also rules that if the father separates five Shekalim for Pidyon ha'Ben and then loses it - he has not fulfilled the Mitzvah (he is Chayav Achrayus).
(d)We learn this from the Pasuk in Korach "Kol Petter Rechem Yih'yeh lach ... Ach Padoh Sifdeh" - which was said to Aharon, and which implies that the B'chor is only redeemed after the Kohen has received the five Sela'im.
(e)If the father gives the Kohen a promissory note for five Shekalim, which he duly pays, although mid'Oraisa, he ha fulfilled his obligation of redeeming his son, the Rabbanan decreed that he has to pay the money again - so that people should not think that it is permitted to redeem one's son with a promissory note alone (assuming the son to be redeemed already from that moment) or with a document which the father has, to claim a debt.
4)
(a)On what grounds do we establish our Mishnah not like Rebbi? What does Rebbi say one can and what one cannot redeem a B'chor with?
(b)From which Pasuk in Korach do both Rebbi and the Rabbanan learn their respective opinions?
(c)How ...
1. ... does Rebbi learn from "/u'Feduyav mi'ben Chodesh Tifdeh / be'Erk'cha Kesef Chameishes Shekalim / Tifdeh" to preclude documents?
2. ... do the Rabbanan preclude Karka, Avadim and Sh'taros from "/u'Feduyav mi'ben Chodesh / Tifdeh be'Erk'cha Kesef / Tifdeh"?
(d)On what basis do the Chachamim preclude from the P'rat ...
1. ... Karka?
2. ... Avadim?
3. ... Sh'taros?
4)
(a)We establish our Mishnah not like Rebbi, who rules that - one can redeem one's firstborn son with anything other than Sh'taros.
(b)Both Rebbi and the Rabbanan learn their respective opinions from the same Pasuk in Korach - "u'Feduyav mi'ben Chodesh Tifdeh be'Erk'cha Kesef Chameishes Shekalim Tifdeh".
(c)On the one hand ...
1. ... Rebbi learns from "/u'Feduyav mi'ben Chodesh Tifdeh / be'Erk'cha Kesef Chameishes Shekalim / Tifdeh" to preclude Sh'taros - by means of a Ribuy, Miy'ut and Ribuy (which includes everything except for the one thing that is least similar to the Miy'ut. On the other hand ...
2. ... the Rabbanan preclude Karka, Avadim, and Sh'taros from "/u'Feduyav mi'ben Chodesh / Tifdeh be'Erk'cha Kesef / Tifdeh" - with a K'lal u'P'rat u'K'lal (which precludes anything that is not similar to the P'rat.
(d)The Chachamim preclude from the P'rat ...
1. ... Karka - since, unlike coins, it is not moveable.
2. ... Avadim - because the Torah compares them to land.
3. ... Sh'taros - since unlike coins, they have no intrinsic value.
5)
(a)Ravina queries the reason that we attributed to Rebbi from a Beraisa which discusses the Machlokes between Rebbi and Rebbi Yossi b'Rebbi Yehudah, regarding piercing the ear of an Eved Ivri who wants to remain in his master's employ after his initial six years have terminated, based on the Pasuk "Velakachta es ha'Martze'a Venasatah be'Ozno u'va'Deles". What is a Martze'a?
(b)What does Rebbi Yossi b'Rebbi learn from there with regard to using a wooden peg, a thorn a needle, a borer or a metal pen to pierce the servant's ear?
(c)What then, may one not use?
(d)How does he learn this from the Pasuk?
5)
(a)Ravina queries the reason that we attributed to Rebbi from a Beraisa which discusses the Machlokes between Rebbi and Rebbi Yossi b'Rebbi Yehudah, regarding piercing the ear of an Eved Ivri who wants to remain in his master's employ after his initial six years have terminated, based on the Pasuk "Velakachta es ha'Martze'a - an awl, Venasatah be'Ozno u'va'Deles".
(b)Rebbi Yossi b'Rebbi learns from there that - one may use a wooden peg, a thorn a needle, a borer or a metal pen to pierce the servant's ear ...
(c)... but not ointment.
(d)He learns that from the Ribuy ("Velakachta [whatever is taken in the hand), Miy'ut ("es ha'Martze'a" [to preclude ointment]) and Ribuy ("Venasato be'Ozno").
6)
(a)What does Rebbi say?
(b)On what basis does he learn the Pasuk like that?
(c)To resolve the contradiction between Rebbi's two D'rashos, we cite a Beraisa of bei Rebbi Yishmael. What does bei Rebbi Yishmael say about the Pasuk in Re'ei that mentions "ba'Mayim" (two K'lalim) twice consecutively?
(d)And what do the Chachamim add to that?
6)
(a)Rebbi learns from the Pasuk - to include whatever is similar to an awl, which is made of metal.
(b)He learn the Pasuk - in the form of a K'lal u'P'rat u'K'lal.
(c)To resolve the contradiction between Rebbi's two D'rashos, we cite a Beraisa of bei Rebbi Yishmael, who explains that - when the Pasuk in Re'ei mentions "ba'Mayim" (two K'lalim) twice consecutively - it is considered a Ribuy, Miy'ut ve'Ribuy (rather than a K'lal u'P'rat u'K'lal).
(d)To which the Chachamim add that - this is the case wherever we find two K'lalim one next to the other.
7)
(a)The Tana lists Hekdesh together with Karka, Avadim and Sh'taros that one cannot use to redeem a B'chor Adam. What problem do we have with this?
(b)To solve the problem, how do we amend the Mishnah?
7)
(a)The problem with the Tana including Hekdesh together with Karka, Avadim and Sh'taros that one cannot use to redeem a B'chor Adam is that - seeing as Hekdesh does not belong to him, it is obvious that it is prohibited.
(b)To solve the problem, we amend the Mishnah to read - 've'Lo Hekdeishos (Nifdin) be'Chol Eilu' (meaning that one cannot redeem Hekdesh with Karka, Avadim and Sh'taros either.
51b----------------------------------------51b
8)
(a)What does Ula say about the ruling in our Mishnah which declares the B'chor not redeemed if the father gives the Kohen a promissory note even after he honors it?
(b)Then why did the Chachamim say that he is not?
(c)What are the two possible explanations of (Shema Yomru) Podin bi'Vechor?
8)
(a)Ula comments about the ruling in our Mishnah which declares the B'chor not redeemed if the father gives the Kohen a promissory note even after he honors it that - min ha'Torah the B'chor is redeemed ...
(b)... and the Chachamim ruled that he is not - in case people will say that one may redeem a B'chor with a Sh'tar ...
(c)... which can mean either that - in the above case, the B'chor is redeemed even if the father does not subsequently pay, or that one may redeem him with a Sh'tar-Chov that he has on his debtors.
9)
(a)When a Beraisa expert cited a Beraisa which ruled in the above case B'no Paduy le'che'she'Yiten, what did Rav Nachman comment? Like which of two Tana'im did he establish it?
(b)What title did they both share
(c)Who is it who disagrees with them?
(d)What is the Halachah?
9)
(a)When a Beraisa expert cited a Beraisa which ruled in the above case B'no Paduy le'che'she'Yiten, Rav Nachman commented that - the author is either Rebbi Yossi b'Rebbi Yehudah or Rebbi Elazar b'Rebbi Shimon ...
(b)... both of who shared the title - S'timta'ah (They are the author of many S'tam Mishnahs).
(c)It is the Chachamim - who disagree with them and ...
(d)... the Halachah is - Ein B'no Paduy.
10)
(a)What do we mean when we say Tanina le'Ha de'Tanu Rabbanan?
(b)What does the Beraisa say about someone who gives the five Sela'im of Pidyon B'chor to ten Kohanim ...
1. ... simultaneously?
2. ... one after the other?
(c)How is the former case possible?
(d)And what does the Tana say about a Kohen taking the money from the father and returning it?
10)
(a)When we say 'Tanina le'Ha de'Tanu Rabbanan', we mean - that the Mihnah has already taught us what we now learn in a Beraia.
(b)The Beraisa rules that someone who gives the five Sela'im of Pidyon B'chor to ten Kohanim either ...
1. ... simultaneously or ...
2. ... one after the other - is Yotzei.
(c)The former case is possible - where he puts five Sela'im in front of all ten and walks away.
(d)The Tana - permits a Kohen to take the money from a father and return it to him.
11)
(a)What did Rebbi Tarfon (who was a Kohen) used to do?
(b)What did the Chachamim initially say about him?
(c)What problem do we have with this?
(d)How do we amend their statement.
11)
(a)Rebbi Tarfon (who was a Kohen) - used to take the money from a father and return it to him.
(b)The Chachamim initially said about him that - he adhered to this Halachah.
(c)The problem with this is that - it implies that he adhered to this Halachah to the exclusion of all other Halachos.
(d)We therefore amend their statement to - 'He adhered to this Halachah, too'.
12)
(a)Rebbi Chanina too, used to return the five Sela'im. How did a man once intimate that he wanted the money back?
(b)What did Rebbi Chanina say to him?
(c)When he concluded that the man's son was not redeemed, he may have been referring to the assumption that he returned the money. What else might he have meant?
12)
(a)Rebbi Chanina too, used to return the five Sela'im. A man once intimated that he wanted the money back - by walking backwards and forwards in front of him.
(b)Rebbi Chanina told him that - he erred by not giving him the money to keep.
(c)When he concluded that the man's son was not redeemed, he was referring irrespectively as to whether he returned the money - or whether he did not.
13)
(a)If Resh Lakish initially learns the Din in our Mishnah that one is Chayav Acharayus by B'chor by means of a Gezeirah-Shavah, "Erech" "Erech" from Erchin, from which source does Rav Dimi Amar Rebbi Yochanan learn it via the Gezeirah-Shavah "Reikam" "Reikam"?
(b)What problem does Rav Papa have with these D'rashos?
(c)With regard to which Din learned earlier in the Mishnah do we therefore apply the Machlokes between Resh Lakish and Rav Dimi Amar Rebbi Yochanan?
13)
(a)Resh Lakish initially learns the Din in our Mishnah that one is Chayav Acharayus by B'chor by means of a Gezeirah-Shavah, "Erech" "Erech" from Erchin, whereas Rav Dimi Amar Rebbi Yochanan learn it via a Gezeirah-Shavah "Reikam" "Reikam" - from Olas Re'iyah.
(b)The problem Rav Papa has with these D'rashos is that - the Mishnah itself learns it from "Yih'yeh l'cha, Ach Padoh Sifdeh".
(c)We therefore apply the Machlokes between Resh Lakish and Rav Dimi Amar Rebbi Yochanan with regard to the Din learned in the Reisha that - one remains Chayav to pay the Kohen, even if the baby dies after thirty days.
14)
(a)What distinction does our Mishnah draw between a B'chor inheriting a double portion of the property of his father and of his mother?
(b)The Tana also rules that he does not inherit a double portion of the Sh'vach or of Ra'uy like Muchzak. What is meant by ...
1. ... Sh'vach
2. ... Ra'uy like Muchzak?
(c)And he applies the same two Dinim to Ishah bi'Kesubasah, Banos bi'Mezonoseihen and a Yavam. What is the case of ...
1. ... Ishah bi'Kesubasah?
2. ... Banos bi'Mezonoseihen?
3. ... Yavam?
(d)What final statement does the Mishnah make?
14)
(a)Our Mishnah rules that - a B'chor inherits a double portion of the property of his father but not That of his mother.
(b)The Tana also rules that he does not inherit a double portion of ...
1. ... the Sh'vach - any improvements that the brothers make in their father's property after his death or of ...
2. ... Ra'uy like Muchzak - property that is due to the father, but that he has yet to collect or to inherit.
(c)And he applies the same two Dinim to ...
1. ... Ishah bi'Kesubasah - property that a woman is entitled to claim for her Kesuvah but that is not worth the full amount until after the heirs improve it.
2. ... Banos bi'Mezonoseihen - where the husband has undertaken to feed the daughters of his wife from a previous marriage for five years), and ...
3. ... a Yavam - a double portion from the property of his deceased brother with whose wife he performed Yibum.
(d)The final statementthe Mishnah makes is - that All of them do not take the Sh'vach or of Ra'uy like Muchzak (which will be explained in the Sugya).
