Mishnah 1
1)
(a)What does the Mishnah say about someone who purchases the firstborn fetus of a cow belonging to a Nochri or who sells his own firstborn fetus to a Nochri?
(b)Why is the latter forbidden?
(c)And what if he goes into partnership with a Nochri in a cow or if he is Mekabel it from him (or vice-versa)?
(d)From which Pasuk in Bamidbar do we learn these rulings?
1)
(a)The Mishnah rules that if someone purchases the firstborn fetus of a cow belonging to a Nochri or who sells his own firstborn fetus to a Nochri - is Patur from the Bechorah.
(b)The latter is forbidden - because of the prohibition of selling a large species of animal to a Nochri (as we explained in the previous Perek).
(c)The same initial ruling applies to a person who goes into partnership with a Nochri in a cow or who is Mekabel it from him (or vice-versa).
(d)We learn these rulings from the Pasuk in Bamidbar - "Hikdashti Li Kol B'chor be'Yisrael" 've'Lo be'Nochri' (as we explained at the beginning of the previous Perek).
2)
(a)We already learned that Kohanim and Levi'im are Patur from Pidyon Peter Chamor. The Mishnah declares Levi'im subject to the Bechorah of his Kasher animal. What about Kohanim?
(b)What does the Tana say about Kohanim and Levi'im concerning the Din of Pidyon ha'Ben?
2)
(a)We already learned that Kohanim and Levi'im are Patur from Pidyon Peter Chamor. The Mishnah declares both Levi'im - and Kohanim subject to the Bechorah of their Kasher animals (See Tos. Yom Tov) ...
(b)... but not to the Din of Pidyon ha'Ben.
Mishnah 2
3)
(a)All Kodshim whose blemishe precedes the Hekdesh and which hav been redeemed are subject to Bechorah and Matanos (See Tos. Yom Tov). On what condition does the Mishnah permit shearing the wool of a sheep or working with the cow of such an animal?
(b)What about their babies and their milk?
(c)What if someone Shechts them ba'Chutz?
3)
(a)All Kodshim whose blemishes precedes the Hekdesh and which have been redeemed are subject to Bechorah and Matanos (See Tos. Yom Tov). The Mishnah permits shearing the wool of a sheep or working with the cow of such an animal - provided one first redeems it, and the same applies to ...
(b)... their babies and their milk - which are permitted once they have been redeemed.
(c)If someone who Shechts them ba'Chutz - he is Patur.
4)
(a)What will be the Din if someone declares a Temurah on the above?
(b)What does one do if they die?
(c)What are the two exceptions that cannot be redeemed?
4)
(a)If someone declares a Temurah on the above - it is not effective and ...
(b)... if they die - they may be redeemed (See Tiferes Yisrael).
(c)The two exceptions with regard to all the above-mentioned rulings are - B'chor Beheimah and Ma'aser Beheimah (See Tiferes Yisrael), both of which cannot be redeemed.
Mishnah 3
5)
(a)The Mishnah now discusses a case where the Hekdesh preceded the (permanent) blemish, and which is subsequently redeemed. Note, this case, like the reverse case in the previous Mishnah, was already discussed in Chulin (See Tiferes Yisrael). What is the Din regarding ...
1. ... Bechorah and Ma'aser?
2. ... shearing the wool of a sheep and working with a cow?
(b)What will be the Din regarding all the issues mentioned in this Mishnah assuming the animal has a passing blemish before the Hekdesh?
(c)And what is the Din with regard to ...
1. ... their babies and their milk?
2. ... Shechutei Chutz, in the event that someone Shechts them outside the Azarah?
(d)Finally the Tana rules that they are subject to Temurah. What if they die?
5)
(a)The Mishnah now discusses a case where the Hekdesh preceded the (permanent) blemish, and which is subsequently redeemed. (Note, this case, like the reverse case in the previous Mishnah, was already discussed in Chulin [See Tiferes Yisrael]). The animal ...
1. ... is Patur from the Bechorah and from Ma'aser.
2. ... may not be shorn if it is a sheep or worked with if it is a cow.
(b)The same Din will apply regarding all the issues mentioned in this Mishnah should the animal have a passing blemish before the Hekdesh.
(c)The Din with regard to ...
1. ... their babies and their milk is that - they are forbidden.
2. ... Shechutei Chutz, in the event that someone Shechts them outside the Azarah is that - he is Patur.
(d)Finally the Tana rules that they are subject to Temurah, and that, should they die - they must be buried.
Mishnah 4
6)
(a)The Tana exempts the babies of Tzon Barzel that a Yisrael receives from a Nochri from the Din of B'chor. What is 'Tzon Barzel'?
(b)What does the Tana say about the babies of the babies?
(c)And what does he mean when he talks about standing the babies in the place of their mother?
(d)What is then the Halachah?
(e)Why is that?
6)
(a)The Tana exempts the babies of Tzon Barzel that a Yisrael receives from a Nochri from the Din of B'chor (See Tos. Yom Tov). 'Tzon Barzel' is - where the Nochri assesses the animals that he gives to the Yisrael, which the Yisrael must pay him for the next ten years, during which time they will share all the babies that are born (See also Tiferes Yisrael).
(b)The Tana rules however that the babies of the babies - are subject to the Bechorah.
(c)And when he says that if he stood the babies in the place of their mother - he means that he authorized the Nochri to take a baby in place of one of the mothers that died ...
(d)... in which case, the babies of the babies are Patur, too ...
(e)... because, since the Nochri now has rights over one generation further down the line, one additional generation becomes Patur from the Bechorah (See Tos. Yom Tov).
7)
(a)In the previous case, what does the Tana Kama say about the babies babies babies?
(b)What does Rabban Shimon ben Gamliel hold?
(c)What is his reason?
(d)Like whom is the Halachah?
7)
(a)In the previous case, the Tana Kama rules that the babies babies babies - remain subject to the Bechorah.
(b)Rabban Shimon ben Gamliel holds that - they are Patur, even after ten generations ...
(c)... because whatever the Nochri finds, he will take (as compensation for the dead animal).
(d)The Halachah is - like the Tana Kama.
Mishnah 5
8)
(a)What is the Din regarrding a ewe that gives birth to a firstborn that resembles a goat, or vice-versa?
(b)How do we learn this from the Pasuk in Korach "Ach B'chor Shor"?
(c)On what condition will the baby nevertheless be subject to the Bechorah?
8)
(a)If a ewe gives birth to a firstborn that resembles a goat or vice-versa - it is not subject to the Bechorah.
(b)We learn this from the Pasuk in Korach "Ach B'chor Shor", which implies - that both the mother and the baby must be 'oxen' (See Tos. Yom Tov).
(c)The baby will nevertheless be subject to the Bechorah - if it has some signs that pertain to the mother's species (See Tos. Yom Tov).
Mishnah 6
9)
(a)Based on the Pasuk in Bo (in connection with the Bechorah) "ha'Zecharim la'Hashem", what does Rebbi Yossi ha'Gelili say about a case where an animal gives birth to twins, both of which stick out their heads simultaneously?
(b)What do the Chachamim mean when they say 'I Efshar'?
(c)What is then the basis of their Machlokes?
9)
(a)Based on the Pasuk in Bo (in connection with the Bechorah) "ha'Zecharim la'Hashem", in a case where an animal gives birth to twins, both of which stick out their heads simultaneously Rebbi Yossi ha'Gelili rules that - they must both be given to the Kohen.
(b)When the Chachamim say 'I Efshar', they mean that - it is impossible for two babies to be born at exactly the same moment (See Tos. Yom Tov).
(c)The basis of their Machlokes is - whether 'Efshar Letzamtzem' (it is possible for two things to occur simultaneously [Rebbi Yossi ha'Gelili) or not (the Chachamim).
10)
(a)According to Rebbi Tarfon, in the current case the Kohen picks the better one. Why is that?
(b)What does Rebbi Akiva mean when he says 'Meshamnin beinehen'?
(c)On what basis does he disagree with Rebbi Tarfon?
(d)Like whom is the Halachah?
10)
(a)According to Rebbi Tarfon, in the current case the Kohen picks the better one - because we assume that it was the one to emerge first.
(b)When Rebbi Akiva says 'Meshamnin beinehen', he means that - the Kohen and the owner have the same rights, only it is the owner who claims 'the fatter animal' (from the word 'Shamein').
(c)He disagrees with Rebbi Tarfon - on the basis of the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah'.
(d)The Halachah is - like Rabbi Akiva.
11)
(a)In the current case, according to Rebbi Akiva, on what condition is the Kohen permitted to eat the animal that he received?
(b)Why does he not bring it on the Mizbe'ach?
(c)What does the owner do with the second animal?
(d)Why can he not eat it immediately?
11)
(a)In the current case, according to Rebbi Akiva, the Kohen is permitted to eat the animal that he received - provided it first obtains a blemish.
(b)He does not bring it on the Mizbe'ach - because the Mishnah is referring to nowadays, when the Beis-ha'Mikdash is not standing (See also Tos. Yom Tov).
(c)The owner - lets the second animal romp in the field until it obtains a blemish ('Ro'eh'), before eating it (according to the Dinim of a B'chor) ...
(d)... because it is a Safek B'chor.
12)
(a)Still in connection with the same case, on what basis does ...
1. ... the Tana Kama obligate the owner to give the Kohen the Matanos from the second animal?
2. ... Rebbi Yossi declare him Patur?
(b)Like whom is the Halachah?
12)
(a)Still in connection with the same case ...
1. ... the Tana Kama (See Tos. Yom Tov) obligates the owner to give the Kohen the Matanos from the second animal - because 'Mah Nafshach' it goes to the Kohen, either as Matanos or together with the rest of the animal as a B'chor.
2. ... Rebbi Yossi declares him Patur - because he considers it as if the Kohen has already received it and then gave it back to the owner (See Tos. Yom Tov).
(b)The Halachah is - like Rebbi Yossi.
13)
(a)Should one of the animals die, bearing in mind Rebbi Tarfon's earlier ruling (that the Kohen takes the nicer animal), why does he say here that the Kohen and the owner divide the remaining animal?
(b)What does Rebbi Akiva say?
(c)Like whom is the Halachah?
13)
(a)Should one of the animals die, in spite of Rebbi Tarfon's earlier ruling (that the Kohen takes the nicer animal), he says here that the Kohen and the owner divide the remaining animal - because he retracted from that ruling (See Tos. Yom Tov).
(b)Rebbi Akiva - applies the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah', in which case the Kohen receives nothing.
(c)The Halachah is - like Rebbi Akiva.
14)
(a)On what grounds does the Mishnah finally rule that, in a case where the animal gives birth to both a male and a female baby, the Kohen receives nothing?
(b)Why will even Rebbi Tarfon (who argued in the Reisha) agree with this ruling?
(c)What is the owner nevertheless obligated to do with the male baby?
14)
(a)The Mishnah finally rules that, in a case where the animal gives birth to both a male and a female baby, the Kohen receives nothing - because the female may have ben born first.
(b)Even Rebbi Tarfon (who argued in the Reisha) will agree with this ruling - because whereas there one of the babies definitely belongs to the Kohen, here it is possible that he had no claim at all (See also Tos. Yom Tov).
(c)The owner however, is nevertheless obligated to - apply the Din of Ro'eh, and to eat it only after it becomes blemished.
Mishnah 7
15)
(a)What does the Mishnah rule in a case where two ewes give birth for the first time ...
1. ... to two males?
2. ... to a male and a female?
3. ... to two males and a female?
(b)According to Rebbi Tarfon, the Kohen may take the nicer baby. What does Rebbi Akiva say?
(c)What does the owner do with the other one?
(d)The Tana Kama declares it subject to Matanos. What does Rebbi Yossi say?
15)
(a)The Mishnah rule in a case where two ewes give birth for the first time ...
1. ... to two males that - the owner must give both of them to the Kohen ...
2. ... to a male and a female that - he gives the male to the Kohen, and ...
3. ... to two males and a female that - he gives one male to the Kohen.
(b)According to Rebbi Tarfon, the Kohen may take the nicer baby. Rebbi Akiva again says - 'ha'Motzi me'Chavero, alav ha'Re'ayah'.
(c)The owner applies - the Din of 'Ro'eh' to the other one.
(d)The Tana Kama declares it subject to the Matanos. According to Rebbi - the owner is Patur from Matanos (See previous Mishnah).
16)
(a)If one of the babies dies, Rebbi Tarfon rules that the Kohen and the owner divide it. What does Rebbi Akiva say
(b)And what does the Mishnah finally rule assuming that the two animals give birth ...
1. ... to two females and a male?
2. ... to two males and two females?
16)
(a)If one of the babies dies, Rebbi Tarfon rules that the Kohen and the owner divide it. Rebbi Akiva says - 'ha'Motzi me'Chaveiro alav ha'Rayah' (and the owner is Patur from paying anything).
(b)The Mishnah finally rules, assuming that the two animals give birth ...
1. ... to two females and a male or ...
2. ... to two males and two females - that the owner is Patur.
Mishnah 8
17)
(a)What does the Mishnah rule in a case where two ewes give birth, one for the first time; the other, not for the first time, to two males?
(b)According to Rebbi Tarfon, here too, the Kohen may take the nicer one (See Tos. Yom Tov). What does Rebbi Akiva say?
(c)The second baby is subject to 'Ro'eh', and according to the Tana Kama also to Matanos. What does Rebbi Yossi say?
(d)On what principle does he base his ruling?
(e)What does Rebbi Meir say?
17)
(a)In a case where two ewes give birth, one for the first time; the other, not for the first time, to two males - the Mishnah requires the owner to give one of them to the Kohen.
(b)According to Rebbi Tarfon, here too, the Kohen may take the nicer one (See Tos. Yom Tov). Rebbi Akiva says -'Meshamnin beinehen' (as we learned in Mishnah 6).
(c)The second baby is subject to 'Ro'eh', and according to the Tana Kama, also to Matanos. Rebbi Yossi rules - that it is not ...
(d)... because 'Any animal whose exchange is in the hands of the Kohen, is Patur from Matanos'.
(e)Rebbi Meir says - that it is Chayav (like the Tana Kama [See Tiferes Yisrael]).
18)
(a)Should one of the babies die, Rebbi Tarfon says 'Yachloku'. What does Rebbi Akiva say?
(b)What if the two animals give birth to a male and a female?
18)
(a)Should one of the babies die, Rebbi Tarfon says 'Yachloku', Rebbi Akiva holds - 'ha'Motzi me'Chavero, alav ha'Re'ayah'.
(b)If the two animals give birth to a male and a female - the owner is Patur.
Mishnah 9
19)
(a)Rebbi Tarfon and Rebbi Akiva now argue over a baby that is a Yotzei Dofen and the one that is born next is born naturally. What is a 'Yotzei Dofen'?
(b)Rebbi Tarfon subjects both animals to 'Ro'eh'. What does Rebbi Akiva say about ...
1. ... the Yotzei Dofen?
2. ... the baby that is born next?
(c)What is the basis of their dual Machlokes?
(d)What is Rebbi Akiva's reason for the latter ruling?
(e)Like whom is the Halachah?
19)
(a)Rebbi Tarfon and Rebbi Akiva now argue over a baby that is a Yotzei Dofen - a baby that is born by caesarian section) and the one that is born next is born naturally.
(b)Rebbi Tarfon subjects both animals to 'Ro'eh'. Rebbi Akiva rules that both ...
1. ... the Yotzei Dofen and ...
2. ... the baby that is born next - are not firstborn.
(c)The basis of their dual Machlokes is - whether a baby that is the first to be born might be considered a B'chor, even though it is not a B'chor Rechem, and vice-versa (Rebbi Tarfon) or not (Rebbi Akiva [See Tos. Yom Tov]).
(d)Rebbi Akiva's reason for the latter ruling is - because it is not the first to be born.
(e)The Halachah is - like Rebbi Akiva.
