(Beraisa): Shimon ha'Amsoni used to expound every "Es" in the Torah (to include something). For "you will fear Es Hash-m", he found nothing to include.

His Talmidim: If so, perhaps also the other occurrences of "Es" should not be expounded!

Shimon: Indeed, I retract them all! Just like I will receive reward for what I expounded (at the time, I believed that it was true), I will be rewarded for refusing to expound.

R. Akiva: "You will fear Es Hash-m" includes Chachamim.

(Mishnah): Eglah Arufah.

Question: What is the source for this?

Answer (d'Vei R. Yanai): Regarding it, it says "Kaparah (atonement)", just like regarding Kodshim (which are Asur b'Hana'ah).

(Mishnah): Birds used for Taharas Metzora.

Question: What is the source for this?

Answer (Tana d'Vei R. Yishmael): The Torah discusses Machshirim (things that permit) and Kaparos brought in the Mikdash and outside;

Inside, we do not distinguish Machshirim (Asham Metzora, which permits him to eat Kodshim) from Kaparos (other Ashamos, which atone);

Also outside, we do not distinguish Machshirim (birds of a Metzora, which permit him to enter walled cities) from Kaparos (Eglah Arufah; both are forbidden).

Question: When do the birds become forbidden?

Answer #1 (R. Yochanan): It is from when one is slaughtered.

Answer #2 (Reish Lakish): It is from Kichah (when they are bought or taken for Taharas Metzora).

R. Yochanan forbids from Shechitah, for Shechitah forbids it.

Reish Lakish forbids from Kichah. He learns from (a Gezeirah Shavah from) Eglah Arufah.

Just like Eglah Arufah is forbidden while it is alive, also birds of a Metzora.

Question: From when is Eglah Arufah forbidden?

R. Yanai: There is a time when it becomes forbidden. I forgot it.

Answer (Rabanan): It is from when it is taken down to the valley.

Suggestion: Just like Eglah Arufah is not forbidden from Kichah, we should say the same about birds of a Metzora!

Rejection: No. For Eglah Arufah, there is a later time for it to become forbidden while alive;

The Torah does not say anything else about the birds while they are alive. If they are not forbidden from Kichah, when will they become forbidden?!

Question (R. Yochanan - Beraisa): "You may eat every Tahor bird" includes the bird (of a Metzora) that is sent away;

"These you may not eat" includes the bird that is slaughtered.

If they were forbidden while alive, we would not need another verse to forbid after Shechitah!

Answer: One might have thought that it is like Kodshim, which are forbidden while alive and permitted after slaughter. The verse teaches that this is not so.

Question (Beraisa): If a bird was slaughtered and found to be Tereifah, another bird is taken to replace it. It is used with the other of the original two birds. One may benefit from the Tereifah.

If the birds were forbidden while alive, the Tereifah should still be forbidden!

Answer: The case is, we know that it was Tereifah from when the bird was taken (e.g. it has no liver, so it was never Kosher for Taharah of a Metzora).

Question (Beraisa - R. Yakov): If a bird was slaughtered without the required cedar, hyssop and scarlet thread, since the bird was set aside for the Mitzvah, it is forbidden;

R. Shimon says, since the Shechitah was not like required, it is permitted.

They argue only about whether or not an improper Shechitah is considered Shechitah. All agree that it is permitted while alive!

Answer: Indeed, they hold like R. Yochanan. Reish Lakish holds like the following Tana:

(Tana d'Vei R. Yishmael): The Torah discusses Machshirim and Kaparos brought in the Mikdash, and a Machshir and Kaparah brought outside;

Inside, we do not distinguish Machshirim (Asham Metzora) from Kaparos (other Ashamos);

Also outside, we do not distinguish Machshirim (birds of a Metzora) from Kaparos (Eglah Arufah. Both are forbidden while alive.)

(Beraisa): "You may eat every Tahor bird" includes the bird of a Metzora that is sent away. "These you may not eat" includes the Shechutah (the bird that is slaughtered).

Question: Perhaps the first verse permits the Shechutah, and the second verse forbids the one that is sent away!

Answer #1 (R. Yochanan): We never find that living beings are forbidden.

Question (Rav Shmuel bar Rav Yitzchak): If an animal was designated to be offered to idolatry, or if it was worshipped, it is forbidden while alive!

Answer: It is Pasul for a Korban. R. Yochanan meant that living beings are never forbidden to people.

Question (R. Yirmiyah): If an animal had Bi'ah with a human (and was sentenced to be stoned), it is forbidden while alive!

Correction: Rather, usually, living beings are not forbidden (so it is more reasonable to say that the Shechutah is forbidden).

Answer #2 (to Question (b) - Tana d'Vei R. Yishmael): "He will send it towards the field" equates the bird to a field;

Just like a field is permitted, also the sent bird.

Question: That verse teaches something else!

(Beraisa): "(He will send it towards the) field" he may not stand in Yafo and send it towards the sea, in Gavas and send it towards the wilderness, or outside the city and send it towards the city;

Rather, he stands inside the city and throws it outside.

Answer: R. Yishmael holds that the letter Hei ("ha'Sadeh") is extra to additionally teach that the sent bird is permitted.

Answer #3 (Rava): If the sent bird were forbidden, this would be a stumbling block for one who will find the bird (and eat it), unaware that it was used for a Metzora. Surely, the Torah would not do so!

(Mishnah): Hair of a Nazir.

Question: What is the source it is Asur b'Hana'ah?

Answer: "He will be Kodesh, he will grow the hair of his head" - his growth (of hair) will be Kodesh.

Question: If Hekdesh is exchanged for money (or Shavah Kesef), the Kedushah transfers to the money and the Hekdesh becomes permitted. This should apply also to the hair of a Nazir!

Answer: We read, his hair will be Kadosh (sanctified), not Kodesh (as Hekdesh).

(Mishnah): A firstborn donkey.

Suggestion: The Mishnah is not like R. Shimon.

(Beraisa - Rebbi Yehudah): One may not benefit from a firstborn donkey;

R. Shimon permits this.

Rejection (Rav Nachman): All agree that it is Asur b'Hana'ah after breaking its neck (our Mishnah discusses this. The Tana'im argue about while it is alive.)

(Mishnah): Meat (cooked) with milk.

Question: What is the source that it is Asur b'Hana'ah?

Answer (Tana d'Vei R. Yishmael): It says three times "you will not cook a kid in its mother's milk." These forbid eating the mixture, benefiting from it, and cooking it.

Our Mishnah is not like the following Tana:

(Beraisa - R. Shimon ben Yehudah): One may not eat meat cooked with milk, but one may benefit from it. It says "you are a holy nation to Hash-m" regarding meat and milk, and also regarding Tereifah meat;

Just like one may not eat a Tereifah, but he may benefit from it (the Torah allows giving it to dogs), also regarding meat and milk.

(Mishnah): Chulin ba'Azarah.

Question: What is the source that this is Asur b'Hana'ah?

Answer #1 (R. Yochanan): The Torah told us to slaughter Hash-m's animals (Korbanos) in His dwelling (the Mikdash), and our animals (Chulin) in our dwellings (everywhere else);

Just like if one slaughters His animals in our dwellings, they are forbidden, also if one slaughters our animals in His dwelling.

Suggestion: Just like one who slaughters His animals in our dwellings is Chayav Kares, also one who slaughters our animals in His dwelling!

Rejection: "He did not bring to the Mikdash... a Korban... he will be cut off" - Kares is for a Korban (slaughtered outside the Mikdash), not for Chulin ba'Azarah.

Objection: Since there is a stringency of Kodshim slaughtered outside (Kares) that does not apply to Chulin ba'Azarah, we cannot learn that Chulin ba'Azarah is Asur b'Hana'ah!

Answer #2 (Abaye): We learn from the repetition "he will slaughter it", "he will slaughter it", "he will slaughter it."

Question: Why are these verses needed?

Answer: It says "when you will be far from Hash-m's chosen place (and you will slaughter your animals)" - you may slaughter (your animals) only far from the Mikdash, but not in the Mikdash;

Question: This teaches only about unblemished animals, which could be Korbanos. What is the source that even blemished animals may not be slaughtered in the Mikdash?

Answer: They are also forbidden, for they are the same species as animals Kosher for Korbanos.

Question: What is the source that Chayos (wild animals) may not be slaughtered in the Mikdash?

Answer: They are also forbidden, for the Torah explicitly requires slaughtering them, like Beheimos.

Question: What is the source that birds may not be slaughtered in the Mikdash?

Answer: "He will slaughter it", "he will slaughter it", he will slaughter it" (forbids slaughtering Chayos and birds in the Mikdash, and forbids eating Chulin ba'Azarah).

Suggestion: Perhaps one may not slaughter, but if one slaughtered, one may eat it!

Rejection: "When you will be far from Hash-m's chosen place, and you will slaughter and eat" - you may eat only (Chulin) that you slaughter far from the Mikdash, but not what you slaughter in the Mikdash.