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1)

(a) A certain Talmid-Chacham asked Rava why, based on the Pasuk "Efrochim O Beitzim", our Mishnah does not exempt a nest containing only one egg from the Mitzvah of Shilu'ach.
What did he suggest that the Tana should then learn from "Kan"?

(b) What did Rava answer? What could the Pasuk then have dispensed with?

(a) What does our Mishnah appear to learn from the double Lashon "Shale'ach Teshalach"?

(b) What does the Tana say about someone who ...

1. ... wishes to take the mother and send away the babies?
2. ... returns the babies or the eggs to the nest and then the mother returns to the nest?

(c) A certain Talmid-Chacham asked Rava why "Shale'ach Teshalach" does not imply twice and no more.
What did Rava reply?

(d) So what do we learn from "Teshalach"? What is an example of a D'var Mitzvah?

(a) Rebbi Aba b'rei de'Rav Yosef bar Rava asked Rav Kahana why we need a special Pasuk to include a D'var Mitzvah in the Din of Shilu'ach ha'Kein. What did he mean by that? What makes the Pasuk seemingly superfluous?

(b) Rav Kahana answered him that we need the Pasuk for where one has already taken the mother.
How does this answer the Kashya?

(c) This answer is not valid however, according to all opinions in La'av ha'Nitak la'Asei.
What is a 'La'av ha'Nitak la'Asei'?

(d) In fact, it is only valid according to those who hold 'Kiymo, ve'Lo Kiymo'.
What does this mean?

(a) Why will the Kashya not be answered according to those who hold 'Bitlo, ve'Lo Bitlo'?

(b) And what's more, according to Rebbi Yehudah, who holds 'Shale'ach Me'ikara Mashma', it is not answered at all.
Why not?

(a) How does Mar bar Rav Ashi therefore amend the answer? How is it possible to take the mother without transgressing the La'av?

(b) And the Torah writes "Teshalach" to nevertheless forbid using the bird for the Mitzvah of Taharas Metzora.
The Kashya remains however, why would we even think that the Asei of Taharas Metzora might override that of Shilu'ach ha'Kein?

(c) What has the Mitzvah of Taharas Metzora to do with Shalom?

(d) What precedent do we have for Shalom permitting what would otherwise be forbidden?

(a) According to Rebbi Yehudah in our Mishnah, once someone has taken the mother bird, he receives Malkos and is no longer obligated to send it away (as we just learned).
What do the Chachamim say?

(b) What K'lal do they state?

(c) Rebbi Aba bar Mamal asks whether Rebbi Yehudah's reason is as we just explained it, or maybe there is another reason behind his ruling.
Which other reason?

(a) Rebbi Aba bar Mamal tries to resolve his She'eilah with a Beraisa that discusses Ganav and Gazlan.
Which Asei pertains to Ganav and Gazlan?

(b) What does he therefore try to prove, via the Beraisa, where Rebbi Yehudah rules that Ganav and Gazlan are subject to Malkos?

(c) On what grounds does Rebbi Zeira discount the Beraisa the way it stands?

(d) How does he therefore amend it?

8)

(a) The Torah in Kedoshim inserts the La'av of "Lo Sashuv Lekachto" (Shikchah) and that of "Lo Sechaleh" (Pe'ah).
Which Asei does the Pasuk add?

(b) Rebbi Yehudah rules in a Beraisa (cited by Rebbi Chiya and Rebbi Oshaya) that someone who contravenes the two La'avin receives Malkos.
How do we repudiate the proof from there that Rebbi Yehudah does not hold of the P'tur of 'La'av ha'Nitak la'Asei'? How might he establishing the Asei of "Ta'azov"?

(c) Ravina cites a third Beraisa, where Rebbi Yehudah discusses the La'av of "Lo Sosiru Mimenu ad Boker".
Which Asei accompanies the La'av?

(d) What does Ravina finally prove from Rebbi Yehudah there, who exempts someone who transgresses them from Malkos?

(a) Rav Idi tries to support Ravina from our Mishnah, where Rebbi Yehudah says 'Lokeh ve'Eino Meshale'ach'.
What ought he to say if he held 'La'av ha'Nitak la'Asei, Lokin Alav'?

(b) Rav Ashi refutes Rav Idi's proof however.
How might one interpret the 'Eino Meshale'ach' of Rebbi Yehudah?

(c) To what extent, according to Rav Yehudah, must one send the mother bird away?

(d) What is he permitted to do once that has happened?

(a) According to our initial understanding of Rav Huna, he requires that one sends the mother bird away by its legs.
What does Rav Yehudah say?

(b) Rav Huna learns from the Pasuk in Yeshayah "Meshalchei Regel ha'Shor ve'ha'Chamor".
What is Rav Yehudah's source (see Maharsha)?

(c) What problem do we have with Rav Huna's source, according to this explanation?

(d) So what does ...

1. ... Rav Huna really mean when he says 'be'Raglehah'?
2. ... Rav Yehudah mean when he says 'bi'Chanfehah'?

(a) When someone clipped the wings of the mother bird before sending it away, Rav Yehudah gave him Malkos.
What did he subsequently make him do?

(b) What problem do we have with this, according to ...

1. ... Rebbi Yehudah?
2. ... the Rabbanan?

(c) We conclude that Rav Yehudah rules like the Rabbanan.
Then why did he give him Malkos?

(d) What does Makas Mardus entail?

(a) What did Rava ...

1. ... think to himself when someone asked him about the Mitzvah of Shilu'ach ha'Kein regarding a Teimah (a Tahor bird)?
2. ... assume to justify the She'eilah?

(b) What did he do when, following his ruling, the questioner sent the mother bird away?

(c) What problem do we have with that? How ought Rava to have taken his cue from his father-in-law, Rav Chisda?

(d) How do we justify Rava's actions, in spite of Rav Chisda?

(a) The Beraisa includes doves of a dovecote and doves in an attic, in the Din of Shilu'ach.
What else does the Tana say with regard to someone else acquiring them?

(b) What problem do we have with the earlier statement, based on a ruling of Rebbi Yossi b'Rebbi Chanina? What does Rebbi Yossi b'Rebbi Chanina say about a Chatzer acquiring?

(c) What distinction does Rava draw between Rebbi Yossi b'Rebbi Chanina's Din and the obligation to send the mother away, that answers the Kashya?

(a) In the first Lashon, 'Asurin Mishum Gezel' therefore refers to the mother.
What does the second Lashon hold? Why is the egg then Asur?

(b) Why, according to the second Lashon, is there not even an Isur Darkei Shalom on the mother?

(c) Alternatively, following a statement of Rav Yehudah Amar Rav, we establish the Beraisa even after the egg fell into the Chatzer.
What does Rav Yehudah Amar Rav say, that will explain why it is not called Mezuman?

(d) Why does his Chatzer not acquire the egg?

(a) Why can the Seifa ('va'Asuros ... Mishum Darkei Shalom') not be speaking after the owner already sent the mother bird away?

(b) What is then the problem with establishing it before he did so?

(c) And we answer that 'Asuros Mishum Gezel' refers to a Katan (who is not Chayav Mitzvos).
Since when is a Katan subject to Darkei Shalom?

(d) Why do we not establish the Beraisa when even a Gadol took the eggs from under the chicken (in spite of Rav Yehudah Amar Rav)?

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