Question: Are these the only places in which the Halachah follows R. Eliezer?!

(Mishnah - R. Eliezer): (When a woman falls to Yibum, her relatives are forbidden to the Yavam as if she was Mekudeshes to the Yavam.) If Rachel was an orphaned minor married mid'Rabanan to Reuven, and her sister Leah (an adult) was married (mid'Oraisa) to his brother Shimon, and Shimon died (without children), Rachel becomes forbidden to Reuven (as if Leah was married to him). We instruct Rachel to do Mi'un (retroactively annul her marriage, which permits Leah to do Yibum).

(Shmuel): The Halachah follows R. Eliezer.

Answer: Shmuel meant that the Halachah follows R. Eliezer only in four places in Seder Taharos. In other Sedarim, the Halachah follows him in additional places.

Support: Presumably this is correct, for Shmuel said that the Halachah follows R. Eliezer regarding Chalah:

(Mishnah - R. Eliezer): Even if one removed loaves from the oven and put them in a basket, they join (for the Shi'ur of one and a quarter Kavim of flour) to obligate separating Chalah.

Question: Why is Chalah a better proof than Mi'un?

Answer #1: We could have said that the Halachah follows R. Eliezer regarding Mi'un because (the Tana) R. Elazar agrees with R. Eliezer.

(Mishnah - R. Elazar): We instruct Rachel to do Mi'un (in a case very similar to R. Eliezer's case).

Rejection: Shmuel had to teach that the Halachah follows R. Eliezer and that it follows R. Elazar, for we cannot learn from one to the other!

Answer #2: We could have said that the Halachah follows R. Eliezer regarding Mi'un because R. Yehudah ben Bava agrees with him;

(Mishnah): R. Yehudah ben Bava testified about five laws for which he had a tradition:

We instruct girls to do Mi'un;

A woman can remarry based on one witness who says that her husband died;

A chicken was stoned in Yerushalayim because it killed a person;

Wine may be used for Nesachim 40 days after the grapes were pressed;

The morning Tamid may be offered until (the end of) the fourth hour of the day.

Suggestion: 'We instruct girls to do Mi'un' refers to two cases, of R. Eliezer and R. Elazar.

Objection: Perhaps it refers only to the case of R. Elazar. He said girls (plural) because the law applies to all girls in that situation!

Rejection (and culmination of support): If so, the next law should also use the plural, and say women may remarry... !

(R. Elazar): The Halachah follows R. Eliezer in four places (those that Shmuel taught).

Question (Mishnah - R. Eliezer): We instruct Rachel to do Mi'un.

(R. Elazar (the Amora)): The Halachah follows R. Eliezer.

Suggestion: Perhaps R. Elazar meant (like Shmuel) that the Halachah follows R. Eliezer only in four places in Seder Taharos.

Rejection (Mishnah #1): Shemitah and Bi'ur apply to the following and anything exchanged for them -- roses, henna (used to make dye), letom (an extract of chestnut or pine) and Ketaf (sap of balsam, a barren tree).

(R. Pedas, the son of R. Elazar): The Mishnah is like R. Eliezer, who considers sap like fruit.

(R. Zeira): Beware! Between the teachings of you and your father, you permit Ketaf! (However, the Halachah is that Shemitah applies to Ketaf.)

You say that only R. Eliezer, not Chachamim, considers sap like fruit, and your father says that the Halachah follows R. Eliezer in only four places!

If R. Elazar referred only to places in Seder Taharos, R. Pedas should have said so to R. Zeira!

Answer #1: Mi'un does not contradict R. Elazar's rule, because (the Tana) R. Elazar agrees with R. Eliezer.

(Mishnah - R. Elazar): We instruct Rachel to do Mi'un..

Rejection: R. Eliezer and R. Elazar discussed different cases. We cannot learn from one to the other!

Answer #2: Mi'un does not contradict R. Elazar's rule, because R. Yehudah ben Bava agrees with him.

Question (Mishnah - R. Akiva): (On Motzei Shabbos) we say Havdalah (in Shmoneh Esreh) as the fourth blessing by itself;

R. Eliezer says, we include it in (the blessing) Modim.

(R. Elazar): The Halachah follows R. Eliezer.

Answer (R. Aba): This does not contradict R. Elazar's rule, because R. Eliezer did not teach that Halachah himself. He merely cited R. Chanina ben Gamliel's opinion;

(Beraisa - R. Akiva): Havdalah itself is the fourth blessing;

R. Chanina ben Gamliel says, we include it in Modim.

Rejection: It is unreasonable to say that R. Eliezer cites R. Chanina ben Gamliel. R. Eliezer was much older than he!

Correction: Rather, this does not contradict R. Elazar's rule, because R. Chanina ben Gamliel agrees with him.

Question: R. Chanina ben Gamliel does not hold like R. Eliezer!

(Beraisa): On Yom Kipur night, there are seven Berachos in the Amidah, and we say Viduy (confession). The same applies to Shacharis, Musaf, Minchah and Ne'ilah;

On Motz'ei Yom Kipur, one may say seven Berachos that encompass the 18 (the fourth blessing "Havinenu" encompasses the usual 12 middle Berachos);

R. Chanina ben Gamliel says, in his fathers' name, that one must say all 18 Berachos, in order to say Havdalah in (the blessing) Chonen Da'as.

Answer (Rav Nachman bar Yitzchak): R. Chanina ben Gamliel himself holds like R. Eliezer. In the Beraisa he merely cites his father's opinion.

Question (R. Yirmeyah, of R. Zeira): How can you disagree with R. Pedas (who established Mishnah #1, which considers sap like fruit, to be R. Eliezer)?!

(Mishnah #2 - R. Eliezer): If sap of Orlah is used to curdle, it (the cheese) is forbidden. (This shows that R. Eliezer considers sap like fruit!)

Answer #1 (R. Zeira): Chachamim argue only about sap of the trunk. They agree that sap of fruit (unripe figs) is considered fruit.

(Mishnah - R. Yehoshua): I heard that if sap of leaves or roots was used to curdle, it is permitted. If sap of unripe figs was used, this is like fruit, and it is forbidden.

Answer #2: Chachamim argue with R. Eliezer only about fruit trees. They agree that sap of a barren tree is its fruit.

(Mishnah - R. Shimon): Shemitah does not apply to Ketaf;

Chachamim say, Shemitah applies to Ketaf. The sap is its fruit.

Suggestion: The Chachamim of this Mishnah are the same Chachamim who argue with R. Eliezer!

Rejection (an elder citing R. Yochanan): No, these Chachamim are R. Eliezer, who says that sap is the fruit.

Question: If so, why does he discuss sap of a barren tree? He considers even sap of fruit trees to be fruit!

Answer: He addresses Chachamim (R. Shimon) according to their reasoning:

I consider even sap of fruit trees to be fruit. Granted, you do not, but you should agree that sap of barren trees is considered fruit!

Chachamim do not distinguish.

(Mishnah): A Besulah is a girl who has never seen blood...

(Beraisa #1): If she was married and saw Dam Besulim, or if she saw blood due to giving birth (but never saw Dam Nidah) she is still a Besulah;

Besulah (for this Halachah) refers to Besulas Damim (she never saw Dam Nidah), but not one who still has Besulim (tokens of virginity).

Question (Beraisa #2, explained by Rav Kahana): There are three kinds of Besulos -- a human Besulah, Besulah land, and a Besulah sycamore tree;

A girl is a Besulah until she has relations. This is relevant to marrying a Kohen Gadol, and her Kesuvah. (A Besulah gets 200. A non-Besulah gets 100);

Land is Besulah until it is worked. This is relevant to Eglah Arufah (it may be beheaded there), and a sale (if the seller claimed that it is Besulah);

A sycamore is Besulah until it is pruned. This is relevant to a sale, and to Shemitah;

(Mishnah): One may not prune a Besulah sycamore tree in Shemitah, for this is considered work (that improves it).

According to Beraisa #1, there is a fourth Besulah, a Besulas Damim!

Answer #1 (Rav Nachman bar Yitzchak): The Beraisa (#2) does not list Besulos with an accompanying name. (Besulas Damim is not called (just) "Besulah".)

Answer #2 (Rav Sheshes brei d'Rav Idi): The Beraisa lists only Besulos that cease to be Besulos through an action. (A girl ceases to be a Besulas Damim automatically, when she becomes Nidah);

Answer #3 (R. Chanina brei d'Rav Ika): The Beraisa lists only Besulos that (once they cease to be Besulos) never revert to their original law. (A Besulas Damim will again be Dayah Sha'atah when she is old.)

Answer #4 (Ravina): The Beraisa lists only Besulos that buyers (or men marrying women) care about, but a man does not care whether or not his wife is Besulas Damim.

Objection (Beraisa - R. Chiya): Just like Se'or (sourdough) is good for (fermenting) a dough, blood is good for a woman;

(Beraisa - R. Meir): If a woman has much blood, it is a sign that she will have many children.

Correction: Ravina meant that the Beraisa lists only Besulos that people desire, but men shun Besulas Damim.

(Beraisa): If pebbles (or clumps of earth) come up when plowing (the earth does not crumble), the land is Besulah;

If shards of earthenware are found, it is not Besulah. If there is a big rock, it is Besulah.

(Mishnah): A pregnant woman is Dayah Sha'atah from the time the fetus shows.

Question: When is it considered that the fetus shows?

Answer (Sumchus): This is after three months. There is a hint, but not a proof - "va'Yehi kemi'Shelosh Chadashim" (people saw that Tamar was pregnant).

Question: That is a fine proof!

Answer: Some women give birth after nine months, and others after seven months. (The fetus always shows after a third of the pregnancy. From the verse, one might have thought that if the fetus shows after two and a third months, she is Dayah Sha'atah.)

(Beraisa): If a woman was assumed to be pregnant and saw blood, and miscarried a Ru'ach (nothing came out) or a nonviable fetus, she is Dayah Sha'atah. (The miscarriage does not prove that she was not considered pregnant);

There is a hint, but not a proof -- "Harinu Chalnu Kemo Yaladnu Ru'ach." (It is called pregnancy, even though it resulted in giving birth to a Ru'ach!)

Question: That is a fine proof!

Answer: The verse discusses men comparing themselves to pregnant women. (Perhaps the metaphor is not totally accurate.)