1)

(a)The prohibition of 'Oso ve'es B'no' applies - to the mother and its son or daughter ...

(b)... but not to the father (See Tosfos Yom Tov) - because "Oso ve'es B'no" implies a case where the baby is constantly attached to its parent.

(c)It applies even in Chutz la'Aretz, based on the principle that - Mitzvos which are Chovas ha'Guf (not connected to the ground), apply in Chutz la'Aretz, too.

(d)And the Mishnah only mentions it - because of the Seifa ''bein be'Chulin bein be'Mukdashin' (See also Tosfos Yom Tov).

2)

(a)The Tana teaches us that 'Oso ve'es B'no'applies even when the Beis-ha'Mikdash is not standing. We might have thought otherwise - because the Torah inserts it in the Parshah of Kodshim (as we will now see).

(b)He also teaches us that it applies both to Chulin and to Mukdashin - irrespective as to whether both animals are Hekdesh, whether they are Chulin, or whether one of them is Hekdesh and the other, Chulin.

(c)We know that it applies even to Mukdashin - since the Torah in Emor juxtaposes the Parshah of 'Oso ve'es B'no' to that of 'Shor va'Chesev O Eiz ... Yeratzeh le'Korban Isheh ... " (See Tosfos Yom Tov).

3)

(a)The Mishnah now goes into detail. The first case it discusses is someone who Shechts 'Oso ve'es B'no Chulin ba'Chutz' - outside the Azarah.

(b)For Shechting the second one he receives - Malkos.

(c)The animal however - may be eaten.

(d)The Mishnah only mentions it (Sh'neihem Kesheirim') - because on account of the Seifa ('Sheneihem Pesulim' [See Tosfos Yom Tov]).

4)

(a)In the previous ruling - it makes no difference as to which animal one Shechts first.

(b)We know this - because, in connection with Oso ve'es B'no, the Torah writes "Lo Sishchatu" (in the plural

(c)... and the same Din will apply - even if somebody else performs the second Shechitah (See Tosfos Yom Tov DH 've'ha'Sheini Sofeg ... ').

5)

(a)Next the Tana discusses a case where one Shechted both animals 'Kodshim ba'Chutz'. For the first one, he receives Malkos (because of Shechutei Chutz, for the second - Malkos (because of Oso ve'es B'no) ...

(b)... but not Kareis (on account of Shechutei Chutz), since its mother was Shechted on the same day, it is not eligible to be Shechted bi'Fenim on that day (in which case it is not subject to Shechutei Chutz and is therefore Mechusar Z'man).

(c)He learns it from the Pasuk in Acharei-Mos (in connection with Shechutei Chutz) "ve'el Pesach Ohel Mo'ed Lo Hevi'o" (See Tosfos Yom Tov), which implies that - the La'av of Shechutei Chutz only applies where he ought to have brought the animal bi'Fenim.

(d)He defines the status of both animals ...

1. ... in the current case and ...

2. ... where they are both Shechted bi'Fenim as - Pasul.

6)

(a)In the latter case, the Shochet is Chayav Malkos for Shechting ...

1. ... the first animal - because of Shechutei Chutz (seeing as every Chiyuv Kareis is subject to Malkos, provided he has been warned [See also Tosfos Yom Tov).

2. ... the second one - because of 'Oso ve'es B'no'...

(b)... but not for Shechutei Chutz - since he has only transgressed an Asei ...

(c)... namely, that of "ki Yirchak mi'mcha ha'Makom ... ve'Zavachta" (ve'I Atah Zove'ach be'Kituv Makom' [See Tosfos Yom Tov]).

7)

(a)Now the Tana discusses someone who Shechts the two animals 'Kodshim bi'Fenim'. He rules that ...

1. ... the Shochet of the first one is Patur - and that ...

2. ... the Korban is Kasher.

(b)For Shechting the second one - he receives Malkos for Oso ve'es B'no.

8)

(a)The Tana now discusses cases where the Shochet Shechts one of the animals inside, the other one, outside, specifically in the order that he presents them. In the case of 'Chulin ve'Kodshim ba'Chutz' (See Tosfos Yom Tov), the first animal is Kasher and the Shochet is Patur; the second one - is Pasul, and the Shochet receives Malkos for 'Oso ve'es B'no'.

(b)In the reverse case of 'Kodshim ve'Chulin ba'Chutz', the Shochet is Chayav Kareis for the first one and the animal is Pasul, whereas the second one - is Kasher.

(c)The Shochet receives Malkos - for both.

(d)Next on the Tana's list is Chulin ve'Kodshim bi'Fenim, where both animals are Pasul, and the second one is subject to Malkos for 'Oso ve'es B'no'.

(e)In the reverse case 'Kodshim ve'Chulin bi'Fenim', the first animal is Kasher and the Shochet, Patur. The second one - is Kasher, and the Shochet receives Malkos.

9)

(a)In the case of 'Chulin ba'Chutz u'bi'Fenim', the first animal is Kasher and the Shochet, Patur. The second one - is Pasul, and the Shochet receives Malkos.

(b)In the equivalent case by Kodshim ('ba'Chutz u'bi'Fenim'), the first one is Chayav Kareis and both animals are Pasul - and both are subject to Malkos (the first, for Kodshim ba'Chutz, the second, for 'Oso ve'es B'no'.

(c)In the final set of cases, 'Chulin bi'Fenim u'va'Chutz', the first animal is Pasul and the owner Patur (because it is only an Asei). The second one - is Kasher and the Shochet receives Malkos for Oso ve'es B'no'.

(d)In the equivalent case by Kodshim ('bi'Fenim u'ba'Chutz'), the first one is Kasher and the Shochet, Patur, the second one - is Pasul and the second receives Malkos for 'Oso ve'es B'no'.

(e)He is not Chayav Malkos for Shochet Kodshim ba'Chutz - because it is not eligible to be brought bi'Fenim, as we learned earlier.

10)

(a)The first three cases on the Tana's next list (in connection with 'Oso ve'es B'no') are 'Someone who Shechts and the animal is found to be a T'reifah, someone who Shechts to Avodah-Zarah and someone who Shechts a Parah Adumah'. What they all have in common is that - the animal may not be eaten.

(b)The last two cases are 'Someone who Shechts a Shor ha'Niskal or an Eglah Arufah'. For the Shor ha'Niskal to be included in this list, one must Shecht it - after Beis-Din have declared the animal Chayav Sekilah (at which stage it becomes Asur be'Hana'ah).

(c)For the Eglah Arufah to be included in the list, the Tana must hold that - it becomes Asur be'Hana'ah whilst it still alive (See Tiferes Yisrael).

11)

(a)Rebbi Shimon rules, in all of the above cases, that the Shochet is Patur from Malkos based on the principle - that Shechitah she'Einah Re'uyah Lo Sh'mah Shechitah (any Shechitah that does not permit the animal to be eaten is not considered a Shechitah [See Tosfos Yom Tov])'.

(b)The Chachamim hold - ' ... Sh'mah Shechitah', in which case one is Chayav in all the above cases.

(c)With regard to the cases of Shor ha'Niskal and Eglah Arufah, the Gemara concludes that - they must be erased, since Rebbi Shimon concedes that the Shochet is Chayav (See Tiferes Yisrael).

(d)The Halachah is - like the Chachamim.

12)

(a)In the case of ha'Shochet la'Avodah-Zarah, the Chachamim rule that the Shochet is Chayav only if he Shechts the first animal to Avodah-Zarah, but not if it is the second one - because in that case he is Chayav Misah, and cannot also receive Malkos ...

(b)... due to the principle - 'Kam leih bi'de'Rabah mineih (a person who is Chayav two punishments, receives only the stricter one)'.

(c)He will nevertheless be Chayav Malkos even in that case - if the witnesses warned him about 'Oso ve'es B'no', and not about Avodah-Zarah [See also Tosfos Yom Tov]).

13)

(a)The Mishnah rules that someone who, in a case of 'Oso ve'es B'no', inadvertently (See Tosfos Yom Tov) renders either the mother or the baby a Neveilah (See Tiferes Yisrael) - is Patur from Malkos.

(b)The same applies to ...

1. ... 'Nocher' - where one slaughters the animal by placing the knife in its vostrils and cutting it down to the neck, and ...

2. ... 'Me'aker' - where he rips the Simanim from their location and does not Shecht them.

(c)The Chachamim agree with these rulings - since no Kasher Shechitah has taken place.

14)

(a)The Mishnah rules that if two people purchase, one a cow, the other, its calf, the first purchaser has the right to Shecht first. The basis of this ruling lies in the fact that - the first purchaser had the right to Shecht the animal that he purchased before the seller, a right that he retains after the second purchaser buys the other animal (See Tosfos Yom Tov).

(b)In the event that the second person Shechts first, the Shechitah - is Kasher and he is allowed to benefit from what he did.

(c)A Shochet who Shechts first ...

1. ... the mother, and then her two babies on the same day, will receive - two sets of Malkos (since he transgresses a La'av with each of the two latter Shechitos).

2. ... the two babies, and then, the mother - will receive one set of Malkos (since he only performed one transgression).

3. ... the mother, then its daughter and then its granddaughter - will receive one set of Malkos for each of the two latter Shechitos, seeing as each time, he transgresses 'Oso ve'es B'no'.

15)

(a)According to the Tana Kama, if someone Shechts the mother, the granddaughter and then its daughter, he receives one set of Malkos - because, although he transgresses two La'avin 'Oso ve'es B'no' and 'B'no ve'Oso' - it is in effect, one La'av, one warning and one act.

(b)Nevertheless, according to Sumchus in the name of Rebbi Meir, he receives two sets of Malkos - since he has in fact, transgressed the La'av twice.

(c)Sumchus also argues - with the earlier ruling where one Shechted first the mother and then her two babies.

(d)The Tosefta, citing Sumchus, rules that someone who Shechts a mother and five babies on the same day - receives five sets of Malkos.

16)

(a)The Tana Kama obligates someone who sells an animal to inform the purchaser that he sold the animal's mother or baby earlier that day - on four occasions during the year.

(b)Two of those occasions are Erev Shemini Atzeres and Erev Pesach; the other two are - Erev Shavu'os and Erev Rosh ha'Shanah.

(c)On Erev Shemini Atzeres - because it is an independent Yom-Tov which was dear to them and on which they felt great Simchah.

(d)He does not also include Erev Succos - because everyone was too busy preparing their Succos and Arba Miynim to indulge in Shechitah (See Tosfos Yom Tov).

17)

(a)Rebbi ha'Gelili adds to the Tana'Kama's list - Yom Kipur in Galil ...

(b)... specifically in Galil - because in other areas of Eretz Yisrael they only ate the meat of fowl and fish on Erev Yom Kipur, but not of animals.

(c)Rebbi Yehudah confines the obligation to inform the purchaser to where there is no 'Revach', which some explain to mean that both animals are sold on the same day, but not if there is a day in between. Others explain that - when buying the second animal, the purchaser shows that he is keen to Shecht it today, but not if he doesn't (See Tosfos Yom Tov).

(d)The Halachah is - like Rebbi Yehudah, who is not coming to argue with the Tana Kama, but to explain his ruling.

18)

(a)In connection with Rebbi Yehudah's previous ruling, the Tana says that where the seller is selling the mother to a Chasan and the baby to the Kalah (See Tiferes Yisrael) - Rebbi Yehudah agrees that the seller must inform the purchaser even where there is Revach ...

(b)... and the same ruling will apply the other way round ...

(c)... since the Tana only ascribes the mother to the Chasan ... because, due to the fact that the Chasan makes a larger Se'udah than the Kalah, it is normal for him to purchase the larger animal, and not because it makes any difference.

(d)Either way, the reason for this ruling is - because it is obvious that, irrespective of the circumstances, they are going to Shecht them on the same day.

19)

(a)When the Tana says that on the four above-mentioned days one forces the butcher to Shecht against his will, he means that - even if there is only purchaser who wants to purchase a small piece of meat, he may not retract, but is obligated to Shecht the animal.

(b)The example the Mishnah gives is where the single purchaser only wants a Dinar's worth of meat - and the animal is worth a thousand Dinrim.

(c)Bearing in mind that the Mishnah is speaking where the purchaser already paid the Dinar, the reason for the ruling is - because, min ha'Torah money alone acquires the article for which one has paid.

(d)This ruling might prove detrimental to the purchaser - in the event that the animal dies, in which case he remains obligated to pay one Dinar.

20)

(a)On any other day of the year however, the seller is not forced to have his animal Shechted (because money does not acquire). Consequently, in a case where the few purchasers, who have already paid, do not make the Shechitah worthwhile - if the animal dies, he must bear the entire loss, and the purchasers can claim their money back.

(b)The Chachamim otherwise instituted that money should not acquire, only Meshichah - in case the purchaser pays for a storehouse of wheat, for example, which is in another town which catches fire. If money alone would acquire, the seller would not bother to put out the fire. Consequently, they instituted that the purchaser does not acquire the wheat until he performs Meshichah (after which he will presumably transport the wheat to his home-town [See Tosfos Yom Tov]).

21)

(a)The twenty-four hour period between the Shechitah of the mother and the baby begins - at nightfall.

(b)'Oso ve'es B'no' is juxtaposed next to - the Parshah of Kodshim (in Emor), leading us to believe that, like in the realm of Kodshim, the day begins with day-break.

(c)Based on the fact that the Torah uses the words "Yom Echad", we know that the day regarding 'Oso ve'es B'no' begins with nightfall (not like that of Kodshim) - on account of the Gezeirah-Shavah from the Creation (where the Torah also writes "Yom Echad".