1)

(a)Now the Tana discusses the time-period that the owner is obligated to look after a B'chor before giving it to the Kohen. According to the Tana Kama, the time-period for a small-size animal is thirty days, for a large animal - fifty.

(b)We learn this from the fact that the Torah in Mishpatim juxtaposes the Pasuk "Kein Ta'aseh le'Shorcha le'Tzonecha" to "Mele'ascha ve'Dim'acha - (solid and liquid Bikurim) Lo Se'acher, B'chor Banecha Titen Li".

(c)We now learn ...

1. ... Shor (a large-size animal) from Bikurim - for which the owner is responsible from Pesach (when the fruit ripens) until Shavu'os (when the obligation to give it to the Kohen falls due (a total of fifty days [See Tos. Yom Tov DH 'Beheimah Dakah']).

2. ... Tzon (a small-size animal) from B'chor Adam - which falls due after thirty days.

(d)Rebbi Yossi obligates the owner to look after his firstborn lamb or goat for three months - because before that, due to the thinness of its teeth, it cannot eat grass and needs its mother to feed it (See Tos. Yom Tov).

(e)The Halachah is - like the Tana Kama.

2)

(a)The Tana forbids the owner to comply with a Kohen's request to give him the B'chor within the above time-period - because it looks as if the Kohen is taking the trouble off the owner's hands to encourage him to give his firstborn animals to him and not to another Kohen.

(b)The source for this ruling is - the Halachah forbidding a Kohen or a Levi to assist the owner in the granary, thereby encouraging him to give him T'rumos and Ma'asros.

(c)If the B'chor is a Ba'al-Mum, he permits it - since the animal may then be eaten immediately, and this is evidently what the Kohen wants to do.

(d)He permits it even if it is not a Ba'al-Mum - in the time of the Beis-ha'Mikdash, if it is a Tam (without a blemish) and he wants to bring it on the Mizbe'ach.

3)

(a)The Mishnah learns from the Pasuk in Re'ei "Lifnei Hash-m Elokecha Tochlenu Shanah be'Shanah" that - a B'chor must be eaten within the year ...

(b)... even if it is a Ba'al-Mum (See Tos. Yom Tov).

4)

(a)The Tana permits a Kohen to retain a B'chor that obtains a blemish ...

1. ... within the year of its birth - up to the end of twelve months (See Tos. Yom Tov).

2. ... after the year of its birth - up to thirty days (See Tos. Yom Tov).

(b)Seeing as one is obligated to eat a B'chor within its first year - the latter case must be speaking about nowadays, when the owner is obligated to look after the animal until it obtains a blemish.

5)

(a)Rebbi Yehudah permits a Kohen who Shechts a B'chor with a blemish, which he only shows to a Mumcheh (an expert [who declares it permanent]), only after the Shechitah, to eat it. Rebbi Meir - forbids it.

(b)Rebbi Yehudah concedes that it is forbidden with regard to a blemish in the eye - which, due to death-pangs, tends to change its appearance after it has died.

(c)The basis of their Machlokes therefore is - whether we decree other blemishes on account of a blemish in the eye (Rebbi Meir) or not (Rebbi Yehudah [See Tos. Yom Tov]).

(d)The Halachah is - like Rebbi Meir.

6)

(a)The Mishnah now discusses a B'chor that is examined by a person who is not a Mumcheh - someone who received permission to examine Bechoros from the Nasi or from the Beis-Din in Eretz Yisrael).

(b)Permission from the Rosh ha'Golah - will not suffice.

(c)Besides being knowledgeable in Torah she'bi'Kesav and Torah she'be'al Peh and being a Ba'al S'vara, knowing how to compare one thing to another and to extrapolate one thing from the other - a Talmid-Chacham must also be well-known to the public in order to Pasken in other matters.

(d)The owner is obligated - to bury the B'chor (See Tos. Yom Tov).

7)

(a)The (non authorized) person who permitted the B'chor to be Shechted pays the Kohen half of the price of the B'chor, if it is a large species of animal - a quarter, if is a small species.

(b)He pays ...

1. ... a half for a large species of animal - because there is no guarantee that the Kohen would have found a Mumcheh who would have permitted the B'chor, in which case it is a case of 'Mamon ha'Mutal be'Safek', where the guilty party pays half (See Tos. Yom Tov).

2. ... only a quarter for a small species - because in addition to the previous answer, permitting the B'chor to be Shechted spared the Kohen the tremendous bother of looking after it (as we explained in Mishnah 1).

8)

(a)If a Dayan renders a litigant who is Chayav, Patur, and one who is Patur, Chayav, or who declares Tahor what is Tamei or vice-versa, the Mishnah rules that - his ruling is valid and that he is Chayav to pay.

(b)According to the opinion that Dina de'Garmi - where someone causes a direct loss) is Chayav (See Tos. Yom Tov DH 'Mah she'Asah ... '), the above ruling is straightforward.

(c)Those who rule that Dina de'Gami is Patur will establish the Mishnah - where the Dayan caused the damage by actually taking the disputed article with his hands, as we will now explain.

(d)The case is clear-cut where he declared Chayav the litigant who is Patur. Where the Dayan declared ...

1. ... Patur the litigant who is Chayav - he takes the security from the creditor and hands it to the borrower.

2. ... Tamei what is really Tahor - he takes a Sheretz and throws it on the fruit.

3. ... Tahor what is really Tamei - he takes other Tahor fruit and mixes it with the fruit in question.

(e)If the Dayan who erred is a Mumcheh, he is Patur from paying - because the losing party can no longer claim that, since he is not an expert, he ought not to have issued a ruling.

9)

(a)When a cow was once brought before Rebbi Tarfon with the womb missing - he fed it to the dogs ...

(b)... because he Paskened that a cow with its womb missing is T'reifah.

(c)Todos the doctor however, attested to the fact that - no cow was allowed out of Alexandria without its womb removed, upon which Rebbi Tarfon realized that he had erred.

(d)They did that - in order to retain a monopoly over their cows (and Chazerim), which were top quality.

10)

(a)When Rebbi Tarfon exclaimed 'Halchah Chamorcha Tarfon!' Rebbi Akiva told him - that he was Patur, since he was a Mumcheh le'Beis-Din (as we explained earlier).

(b)This reason would have been necessary had it been a matter of Shikul ha'Da'as (logic that depends on the thinking of the Dayan). A more accurate definition of 'Shikul ha'Da'as' in this context is - where two Tana'im or Amora'im argue, and where, although no clear ruling has been issued as to the Halachah, the Minhag is like one of them.

(c)The reason that Rebbi Akiva gave was superfluous - since Rebbi Tarfon contravened a specific Mishnah.

(d)Bearing in mind that a Mumcheh is Patur from paying both by Ta'ah bi'Devar Mishnah and by Ta'ah be'Shikul ha'Da'as, the Halachic difference between them is that - if the Dayan erred in a D'var Mishnah, he is obligated to retract (See Tos. Yom Tov), whereas if he erred in Shikul ha'Da'as, his ruling stands.

11)

(a)The Mishnah rules that if someone gets paid to inspect Bechoros - the owner is not subsequently permitted to Shecht the animal based on his ruling ...

(b)... because we suspect that he only declared the animal a Ba'al-Mum in order to receive his wages.

(c)The exception is someone like Ila in Yavneh - who was a Chasid and was therefore beyond suspicion.

(d)The Chachamim were nevertheless not afraid that he might permit a B'chor in order to receive his wages - because, due to his expertise, he was paid even if he ruled that the animal was a Tam (not blemished [See Tos. Yom Tov]).

12)

(a)Ila was paid four Isarin for a small species of animal - and six, for a large one.

(b)The wage is higher for a large species of animal than for a small one - because of the additional trouble to cast the animal down and to tie it up.

(c)They allowed Ila to take wages even if the animal was a Tam so that he would not be suspected of ruling that an animal has a blemish in order to be paid.

(d)Based on this Mishnah, the Rambam rules that - either the Shochtim should not receive wages at all for Shechting, or they receive the same wages for an animal that is found to be a T'reifah or a Neveilah as one that is Kasher.

13)

(a)The Tana declares ...

1. ... the rulings of a Dayan who takes remuneration for Paskening, and ...

2. ... the testimony of a witness who takes money for testifying - invalid (See Tos. Yom Tov DH 'Dinav Beteilim').

(b)He learns the former from the Pasuk in Devarim "Re'ei Limadti eschem Chukin u'Mishpatim ka'asher Tzivani Hash-m" - which he interprets as 'Just as I (Moshe Rabeinu) taught you Torah free of charge, so too, should you teach others free of charge' (See Tos. Yom Tov DH ha'Noteil Sc'char ... ').

14)

(a)A Rosh Yeshivah in Germany - used to brazenly demand remuneration for writing Gitin.

(b)He would take - ten gold coins for writing a Get ...

(c)... which took him about half an hour to write.

(d)The men had no option but to pay - because they knew, that every Get that was written in his town had to have his permission.

(e)The witnesses would receive - two, at least one, gold coin each.

15)

(a)Based on our Mishnah, the Bartenura - considered those Gitin to possibly be invalid.

(b)The title he conferred upon the Dayan was that of - a Ganav and an Anas.

16)

(a)The Tana now discusses someone who takes remuneration for ...

1. ... sprinkling the water of the Parah Adumah on a person who is Tamei Meis.

2. ... or for sanctifying it (See Tos. Yom Tov, both DH's) - mixing it with ashes of the cow.

(b)He declared the water - cave-water (See Tos. Yom Tov).

(c)He refers to the ashes as Eifer Makleh - regular burned-out ashes.

17)

(a)If the expert who examined the B'chor (or the witness or the person who is being Mekadesh the water of the Parah Adumah) is a Kohen who was forced to accompany the owner of the B'chor to render himself Tamei (from eating Terumah) on his way to inspect the animal (See Tos. Yom Tov), the person who is taking him is obligated - to provide him with Chulin food and drink and with oil to anoint himself ...

(b)... since Chulin, which the Kohen is able to eat even when he is Tamei, is more expensive than Terumah.

(c)And if the expert is an elderly man - he must provide him with a donkey to ride on whilst traveling to inspect the B'chor.

(d)The Tana also permits him to take remuneration 'ke'Po'el Bateil' - how much a person who does hard work would be willing to accept to do work which is easier to perform but which pays less (See Tos. Yom Tov) ...

(e)... provided, in a case where the Dayan is sitting in a Din Torah between two litigants - he takes an equal amount from each litigant.

18)

(a)Despite the fact that a deer is not subject to the Bechorah, the Mishnah forbids purchasing even deer's meat from a Kohen who is suspected of making a blemish on his Bechorim - because deer's meat is red like that of a calf, and we suspect him of selling it as such.

(b)The Tana Kama also forbids buying from him - un-tanned animal skins.

(c)He permits purchasing them if they have been tanned- because he would not take the trouble of tanning something which he knows will be confiscated, should the Chachamim discover what he has done (See also Tos. Yom Tov).

19)

(a)Rebbi Eliezer permits buying from him the skin of a female animal - which cannot therefore be a B'chor, since it is discernable by its female organs.

(b)The Tana Kama nevertheless forbids it - since we suspect the Kohen of cutting out the male organ, causing it to resemble a female animal.

(c)When they ask him about the strange shape of the cut (See Tos. Yom Tov) - he will answer that the mice chewed it.

(d)The Halachah is - like the Tana Kama.

20)

(a)The Mishnah forbids buying from the suspect wool that has been ...

1. ... washed and 'Tzo'i' - cleaned from all dirt, but permits purchasing from him wool that has been ...

2. ... spun or that has been manufactured into a garment (See Tos. Yom Tov) ...

(b)... due to the trouble involved in achieving this (as we explained in 18c).

(c)The former case is nevertheless forbidden - because, seeing as the trouble involved in achieving it is minimal, the owner will be willing to take the risk.

21)

(a)The Mishnah now discusses someone who is suspected of transgressing the Sh'mitah - with regard to selling Sh'mitah produce.

(b)One is forbidden to purchase flax (See Tos. Yom Tov & Tiferes Yisrael) from him - up to the time that it has been combed.

(c)It is permitted (for the reason mentioned in the earlier questions) to purchase from his flax once it has been woven or spun.

(d)When the Tana adds flax that has been woven (in spite of having already permitted flax that has been spun), he is referring to - flax that has been twisted into chains, which is similar to weaving and which does not require spinning.

22)

(a)One is similarly forbidden to purchase produce from a person who is suspected of selling Terumah as Chulin. Rebbi Yehudah forbids purchasing from him even water and salt - because of a K'nas (a fine).

(b)Rebbi Shimon - confines the prohibition to anything that is connected to T'rumos and Ma'asros (See Tos. Yom Tov) ...

(c)... to include - the innards of fish that have been mixed with oil (See Tos. Yom Tov DH 'Rebbi Shimon Omer').

(d)The Halachah is - like Rebbi Shimon.

23)

(a)The Mishnah rules that one may purchase ...

1. ... produce that is subject to Ma'aser Sheini during the six-years prior to the Sh'mitah, from someone who is suspected of transgressing the Sh'mitah (See Tos. Yom Tov) and ...

2. ... Sh'mitah produce from someone who is suspected of transgressing Ma'aser Sheini.

(b)The purchaser is nevertheless obligated to - separate D'mai (See Tos. Rebbi Akiva Eiger).

(c)The reason that someone who is suspected of the one is not suspected of the other is because each one has a Chumra that the other one does not have (which the transgressor may well respect). The Chumra that ...

1. ... Ma'aser Sheini possesses that Sh'mitah does not is that - it may only be eaten in Yerushalayim.

2. ... Sh'mitah possesses that Ma'aser Sheini does not is that - once Sh'mitah produce becomes forbidden, it cannot be redeemed, whereas Ma'aser Sheini can.

24)

(a)The Tana now rules that someone who is suspect on Sh'mitah or on Ma'aser Sheini - is automatically suspect on Taharos ...

(b)... which is obvious - since whereas Sh'mitah and Ma'asros is basically an Isur d'Oraysa, eating Chulin be'Taharah (See Tos. Yom Tov) is only de'Rabbanan (in which case one is more likely to treat it lightly).

(c)Consequently, someone who is suspect on Taharos - is not automatically suspect on Sh'mitah and Ma'aser Sheini.

(d)The side ramifications of being suspected of any of the above are that - one may neither judge or testify in court.