1)
(a)Our Mishnah requires the Yisrael to give the Kohen five Sela'im in Yehudah bleached. How the Beraisa interpret this statement?
(b)The Tana also requires that one gives the Kohen five Sela'im of wool from which he can manufacture a small garment. What sort of garment is the Tana referring to?
(c)What is the source of this ruling?
(d)How will five Sela'im of wool suffice to manufacture the Avneit?
1)
(a)The Beraisa interprets the statement in our Mishnah requiring the Yisrael to give the Kohen five Sela'im in Yehudah bleached to mean that - he must give sufficient wool to the Kohen that, after the Kohen has bleached it, he is left with five Sela'im.
(b)The Tana requires that one gives the Kohen five Sela'im of wool from which he can manufacture a small garment - an Avneit (a belt [the smallest of the Bigdei Kehunah]) ...
(c)... since immediately following Reishis ha'Gez (in Parshas Shoftim) the Torah writes - "La'amod Leshareis".
(d)Five Sela'im of wool will suffice to manufacture the Avneit - only because it is made out of wool and linen (as we will soon see).
2)
(a)How does the Tana know that the Pasuk in Shoftim is referring to the Avneit and not to the Me'il (the cloak worn by the Kohen Gadol)?
(b)How do we query the Tana's Shi'ur? What garment does the Kohen Gadol wear that is smaller than the Avneit?
(c)What do we answer, based on the Pasuk (following "La'amod Leshareis") "Hu u'Vanav Kol ha'Yamim"?
(d)What problem does that create, even if the garment is the belt?
2)
(a)The Tana knows that the Pasuk is referring to the belt and not to the cloak (the Me'il worn by the Kohen Gadol) - because of the principle Tafasta Merubeh Lo Tafasta (meaning that when in doubt, it is better to adopt the smaller Shi'ur, which is included in the larger one, and cannot therefore be wrong).
(b)We query the Tana's Shi'ur of belt - seeing as the Pasuk might well be referring to the small woolen hat that the Kohen Gadol wears, over which the threads of the Tzitz are placed (and which is smaller than the belt).
(c)Based on the Pasuk (following "La'amod Leshareis") "Hu u'Vanav Kol ha'Yamim", we answer that - it must also be fit for the Kohen Hedyot to wear, which the woolen hat is not.
(d)The problem that creates, even if the garment is the belt, is that - the belt that the Kohen Gadol wears (which is made of wool and linen) is not the one that is worn by the Kohen Hedyot either, so why is it any better to establish our Mishnah by a belt than by a woolen hat?
3)
(a)What do we mean when we confine the problem to those who equate the Avneit of the Kohen Hedyot with the Avneit of the Kohen Gadol? What is then the problem?
(b)Why is there no problem according to those who hold that the Avneit of the Kohen Hedyot does not resemble that of the Kohen Gadol?
(c)How do we solve the problem?
3)
(a)When we confine the problem to those who equate the Avneit of the Kohen Hedyot with that of the Kohen Gadol, we mean that - the Avneit worn by the Kohen Hedyot during the year is the same as the linen one worn by the Kohen Gadol on Yom Kipur (though this is not the same one that the latter wears during the year).
(b)There is no problem according to those hold that the Avneit of the Kohen Hedyot does not resemble that of the Kohen Gadol - because that means that it is made of wool and linen, like that of the Kohen Gadol all the year round.
(c)We solve the problem - by saying Shem Avnet ba'Olam, meaning it is sufficient for the wool to suffice to produce an Avneit for the Kohen Gadol (during the rest of the year) and the fact that the Kohen Hedyot wears an Avneit too, satisfies the requirement of "Hu u'Vanav" (even though it is not the Avneit that contains wool).
4)
(a)According to Rav Chisda, if the owner shears one sheep at a time and sold it, he is Chayav Reishis ha'Gez. Why is that?
(b)What does Rebbi Nasan bar Hoshaya say?
(c)What do we extrapolate from our Mishnah, which exempts someone who purchases the wool from a Nochri from Reishis ha'Gez?
(d)Why does this pose a Kashya on Rebbi Nasan bar Hoshaya?
(e)How does Rav Chisda answer the Kashya (on behalf of his disputant)?
4)
(a)According to Rav Chisda, if the owner shears one sheep at a time and sells it, he is Chayav Reishis ha'Gez - because at the time that he shears it, it conforms with "Gez Tzoncha".
(b)Rebbi Nasan bar Hoshaya rules that - he is Patur, because at the time that the Shi'ur is completed, it is not "Gez Tzoncha" of the owner of the wool.
(c)We extrapolate from our Mishnah, which exempts someone who purchases the wool from a Nochri, from Reishis ha'Gez that - if the Nochri is Makneh him the sheep for its wool, he will be Chayav ...
(d)... even though after each shearing, the sheep is returned to the Nochri, so that it is not "Gez Tzono" (a Kashya on Rebbi Nasan bar Hoshaya).
(e)Rav Chisda answers the Kashya (on behalf of his disputant) - by establishing the case where the Nochri is Makneh him all the sheep until they have all been shorn.
5)
(a)We learned in our Mishnah that if Reuven sells his wool, but retains a Shi'ur Reishis ha'Gez, he alone remains Chayav to give Reishis ha'Gez. According to which Tana does Rav Chisda establish the Mishnah?
(b)The source for this is a Mishnah in Pe'ah, where, in a case where Reuven sells Shimon Kalchei Ilan (some trees together with the fruit) in his field, Shimon is obligated to leave Pe'ah on each tree. Why is that? Why does the Tana mention Kalchei Ilan?
(c)How does Rebbi Yehudah qualify the Tana Kama's ruling? In which case will Reuven remain obligated to leave Pe'ah on the entire field, even on the trees that he sold?
5)
(a)We learned in our Mishnah that if Reuven sells his wool, but retains a Shi'ur Reishis ha'Gez, he alone remains Chayav to give Reishis ha'Gez. Rav Chisda establishes the Mishnah - like Rebbi Yehudah ...
(b)... in a Mishnah in Pe'ah, where, in a case where Reuven sells Shimon Kalchei Ilan (some trees together with the fruit - since the field as such is a Sadeh Lavan [in which crops grow] and not a Sadeh Ilan) in his field, Shimon is obligated to leave Pe'ah on each tree - due to the fact that he did not acquire any land.
(c)Rebbi Yehudah qualifies the Tana Kama's ruling by confining it to - where Reuven did not retain any trees. Because where he did, the Pe'ah that he leaves in the corner of the field covers the trees too (even the ones that he sold).
6)
(a)On what grounds does Rava query Rav Chisda? What did Rav Chisda say about this very Mishnah (in Pe'ah) that explains why Reuven is Chayav?
(b)Then why is he not Chayav even if he did not retain any trees?
(c)Why can we not apply the same S'vara to Reishis ha'Gez in our Mishnah? What is the difference between the Pasuk "u've'Kutzrechem es K'tzir Artz'chem" and that of "Gez Tzoncha" (and not 'bi'Gezazchem")?
6)
(a)Rava queries Rav Chisda on the basis of Rav Chisda's own statement - establishing this very Mishnah (in Pe'ah) where Reuven already began to harvest his field (before he sold the trees), and he is Chayav on the entire field because at that point, he could have left Pe'ah on it all.
(b)Nevertheless, he is not Chayav if he did not retain any trees - because he no longer owns any fruit on which the Chiyuv should take effect.
(c)We cannot apply the same S'vara to Reishis ha'Gez in our Mishnah - because the S'vara there is based on the Pasuk "u've'Kutzrechem es K'tzir Artz'chem", connecting the obligation to leave Pe'ah with the actual harvesting of the field; whereas by Reishis ha'Gez, the Torah does not write 'bi'Gezazchem Tzoncha', but "Gez Tzoncha", implying that the Chiyuv only comes when the shearing is completed, and not when he begins to shear the sheep.
7)
(a)Rava therefore establishes our Mishnah like the Tana in the previous Perek 'Amar lo M'chor li B'nei Me'ehah ... , Nosnan le'Kohen ve'Eino Menakeh lo min ha'Damim ... '. Based on that Mishnah, why, where Reuven ...
1. ... retained the Shi'ur Chiyuv, is he obligated to give the Kohen Reishis ha'Gez?
2. ... did not retain the Shi'ur, is Shimon obligated to do so?
(b)Why, in the latter case, can we not attribute Shimon's Chiyuv to the fact that the Mitzvah lies with him?
(c)What is the basic difference between Rav Chisda's explanation and that of Rava?
7)
(a)Rava therefore establishes our Mishnah like the Tana in the previous Perek 'Amar lo M'chor li B'nei Me'ehah ... , Nosnan le'Kohen ve'Eino Menakeh lo min ha'Damim ... '. Based on that Mishnah, where Reuven ...
1. ... retained the Shi'ur Chiyuv, he is obligated to give the Kohen Reishis ha'Gez - because we assume that he did not sell Shimon the rights of the Kohen (but retained them himself).
2. ... did not retain the Shi'ur, Shimon is obligated to do so - for the same reason; because we assume that Reuven did not sell him the Kohen's rights.
(b)In the latter case, we cannot attribute Shimon's Chiyuv to the fact that the Mitzvah lies with him - because it is not "Gez Tzoncha".
(c)The basic difference between Rav Chisda's explanation and that of Rava is that - according to the latter, if Reuven were to stipulate that he sold Shimon even the right of the Kohen, then the Kohen would have no claim either in the Reisha nor in the Seifa, seeing as he sold it before the shearing was completed; whereas according to Rav Chisda, his stipulation would make no difference to the Halachah.
Hadran alach 'Reishis ha'Gez'
138b----------------------------------------138b
Perek Shilu'ach ha'Kein
8)
(a)We learned in our Mishnah that Shilu'ach ha'Kein, like Matanos and Reishis ha'Gez, applies in all circumstances but one. What is the sole exception?
(b)Which Chumrah does Kisuy ha'Dam have over Shilu'ach ha'Kein, besides the fact that it applies to Chayos as well as birds?
(c)What kind of geese and chickens are subject to Shilu'ach ha'Kein?
(d)And which kind of ...
1. ... doves are not subject to Shilu'ach ha'Kein?
2. ... birds are not subject to Shilu'ach ha'Kein?
8)
(a)We learned in our Mishnah that Shilu'ach ha'Kein, like Matanos and Reishis ha'Gez, applies in all circumstances - except to a Kodshim bird, which is Patur.
(b)Kisuy ha'Dam, besides applying to Chayos as well as birds - pertains to a bird that has been prepared, which Shilu'ach ha'Kein does not.
(c)Geese and chickens - that nested in an orchard are subject to Shilu'ach ha'Kein (but not those that nested in a house).
(d)
1. Doves are not subject to Shilu'ach ha'Kein - if they are brought up tame.
2. Birds are not subject to Shilu'ach ha'Kein - if they are of a Tamei species.
9)
(a)What do a Tamei bird sitting on the eggs of a Tahor one, and a Tahor bird sitting on the eggs of a Tamei one, have in common with regard to Shilu'ach ha'Kein?
(b)According to Rebbi Eliezer, a male Korei is subject to Shilu'ach ha'Kein. What is a Korei?
(c)What is the reason for his ruling?
(d)What do the Chachamim say?
9)
(a)Neither a Tamei bird sitting on the eggs of a Tahor one, nor a Tahor bird sitting on the eggs of a Tamei one - are subject to Shilu'ach ha'Kein.
(b)According to Rebbi Eliezer, a male Korei - a Tahor species of bird that sits on the eggs of other birds, is subject to Shilu'ach ha'Kein...
(c)... because it is accustomed to doing so, and is considered like the mother.
(d)The Chachamim say that - it is Patur from Shilu'ach ha'Kein (as will be explained in the Sugya).
10)
(a)Rebbi Avin and Rebbi Meyashe state that in all the Mishnahs of Kisuy ha'Dam, Oso ve'es B'no, Gid ha'Nasheh, Matanos, Reishis ha'Gez and Shilo'ach ha'Kein except for one, the Mishnah's insertion of ba'Aretz u've'Chutz la'Aretz and bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis is superfluous. One of them said it of one case, the other, of the other case. What is the basis of their Machlokes?
(b)Why is ba'Aretz u've'Chutz la'Aretz superfluous in most of the cases?
(c)Then why does the Tana need to insert it by Reishis ha'Gez? Whose opinion is he coming to preclude?
(d)Seeing as Rebbi Ilai learns Matanos from Reishis ha'Gez in this regard, why do we only mention the latter?
10)
(a)Rebbi Avin and Rebbi Meyashe state that in all the Mishnahs of Kisuy ha'Dam, Oso ve'es B'no, Gid ha'Nasheh, Matanos, Reishis ha'Gez and Shilo'ach ha'Kein except for one, the Mishnah's insertion of ba'Aretz u've'Chutz la'Aretz and bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis is superfluous. One of them said it of one case, the other one said it of the other - and there is no dispute in the matter.
(b)ba'Aretz u've'Chutz la'Aretz is superfluous in most of the cases - because seeing as the Mitzvos are not connected with Eretz Yisrael, why would we have thought otherwise?
(c)Nevertheless, the Tana needs to insert it by Reishis ha'Gez - to preclude the opinion of Rebbi Ilai who learns from Terumah that it does not apply in Chutz la'Aretz (as we learned earlier).
(d)Even though Rebbi Ilai learns Matanos from Reishis ha'Gez in this regard, we only mention the latter - because it is in that connection that he specifically stated the ruling.
11)
(a)And what makes it necessary to mention bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis by Oso ve'es B'no? Why might we have thought otherwise?
(b)Both Rebbi Avin and Rebbi Meyashe agree however, that wherever the Tana inserts 'be'Chulin u've'Mukdashin' (by Oso ve'es B'no) it is necessary to do so, except by Gid ha'Nasheh. Why is it ...
1. ... necessary to insert it by Oso ve'es B'no? Why might we have thought otherwise?
2. ... not necessary to insert it by Gid ha'Nasheh?
(c)But did we not establish the latter case by V'lados Kodshim, which does teach us a Chidush, as we explained in Perek Gid ha'Nasheh, so how can Rebbi Avin and Rebbi Meyashe describe it as superfluous?
11)
(a)What makes it necessary to mention bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis by Oso ve'es B'no is the fact that - Oso ve'es B'no is written in the Parshah of Kodshim, creating the impression that the Isur only applies when there are Kodshim, but not when there is no Beis-Hamikdash.
(b)Both Rebbi Avin and Rebbi Meyashe agree however, that wherever the Tana inserts be'Chulin u've'Mukdashin, it is necessary to do so, with the exception of Gid ha'Nasheh. It is ...
1. ... necessary to insert it by Oso ve'es B'no - because that is where it is written, as we just explained.
2. ... not necessary to insert it by Gid ha'Nasheh however - because why would we even think that when one declares the animal Hekdesh, the Isur of Gid ha'Nasheh will simply disappear?
(c)True, we establish the latter case by V'lados Kodshim, which does teach us a Chidush, as we explained in Perek Gid ha'Nasheh. Yet Rebbi Avin and Rebbi Meyashe describe it as superfluous - to teach us that one can leave the Mishnah as it is (by Kodshim itself), and even though there is no Chidush, it is no worse than ba'Aretz u've'Chutz la'Aretz and bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis which, as we explained, are also superfluous, and which the Tana only mentions because of the respective cases which are not.
12)
(a)In connection with our Mishnah ('be'Chulin Aval Lo be'Mukdashin'), what do we learn from the Pasuk in Ki Seitzei "Shale'ach Teshalach es ha'Eim ... "?
(b)What does Ravina extrapolate from there regarding a Tahor bird that killed a person?
(c)What problem do we have with Ravina's case? Why is it not practically viable?
(d)So how do we establish it?
12)
(a)In connection with our Mishnah ('be'Chulin Aval Lo be'Mukdashin'), we learn from the Pasuk "Shale'ach Teshalach es ha'Eim ... " that - a bird belonging to Hekdesh is not subject to Shilu'ach ha'Kein, because one cannot fulfill the Mitzvah of sending it away.
(b)Ravina extrapolates from there that a Tahor bird that kills a person - is not subject to Shilu'ach ha'Kein either (since it is has to be put to death).
(c)The problem with Ravina's case is that - seeing as such a bird is put to death by Beis-Din, how can it be in a tree with its young.
(d)So we establish it - where it just killed someone, and has not yet been taken 'into custody', though it is a Mitzvah for anyone who can, to do so, in order to enable the Mitzvah of "u'Bi'arta ha'Ra mi'Kirbecha" to be put into practice.