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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Avodah Zarah 13
1) STORES THAT PAY TAX TO IDOLATRY (cont.)
(a) (R. Yochanan): It is forbidden to buy even from stores
crowned with fruits;
1. Benefiting from idolatry is forbidden, all the more
so benefiting it!
(b) Question (against Reish Lakish - Beraisa - R. Noson): On
the day that the idolatry pardons taxes, they announce:
'Anyone who honors the idolatry by putting crowns on his
head and his donkey's head, he is exempt; others are
liable' - what should a Yisrael do?
1. If he dons a crown, he benefits from (the smell of)
the idolatry!
2. If he does not don a crown, he benefits (by paying
tax to) the idolatry!
3. Therefore: one who buys or sells in the fair of
idolatry may not benefit from what he got:
i. If he bought an animal, we cut its legs below
the knee; produce, clothing or vessels - we
leave them to rot; metal vessels or (if he sold
and received) money - we throw them in the Dead
Sea.
4. Summation of question: The Beraisa forbids
benefiting the idolatry!
(c) Answer (Rav Mesharshiya brei d'Rav Idi): Reish Lakish
holds that Chachamim argue with R. Noson, he rules like
Chachamim;
1. R. Yochanan holds that all agree with R. Noson.
(d) Question: But a Beraisa argues with R. Noson (and R.
Yochanan knew the Beraisa)!
1. (Beraisa): One may go to a bazaar of Nochrim, and
buy animals, slaves, houses, fields and vineyards;
2. He may go to their courts (to get deeds of
ownership), lest he will lose the property;
3. A Kohen may go to Chutz la'Aretz, even though this
makes him Tamei mid'Rabanan, to plead his case;
i. Similarly, he may become Tamei through a
cemetery for this.
ii. Objection: That is Tum'ah mid'Oraisa, surely it
is forbidden!
iii. Correction: Rather, he may become Tamei through
a Beis ha'Pras (a field in which a corpse was
plowed, we are concerned that the plow dragged
bones), even though he becomes Tamei
mid'Rabanan (lest he unknowingly step on a
small bone).
4. He may become Tamei (mid'Rabanan) to learn Torah or
marry a woman.
5. R. Yehudah says, if he can find a Rebbi here, he may
not become Tamei to learn elsewhere.
6. R. Yosi permits this - perhaps he will learn better
from the Rebbi there;
i. Yosef ha'Kohen followed his Rebbi to Tzidon (in
Chutz la'Aretz) to learn.
7. (R. Yochanan): The Halachah follows R. Yosi.
(e) Answer: The Beraisa agrees with R. Noson; it is forbidden
to buy from a merchant, for the idolatry collects taxes
from them;
1. The Beraisa permits buying from a regular person,
they do not collect taxes from him.
2) WHAT TO DO TO FORBIDDEN ANIMALS
(a) Question: The previous Beraisa said that if one bought an
animal, we cut its legs - but it is forbidden to cause
(unnecessary) pain to animals!
(b) Answer (Abaye): "Es Suseihem Te'Aker" (this teaches that
this is proper).
(c) (Beraisa): If he bought an animal, we cut its legs below
the knee.
(d) Contradiction (Mishnah): (After the Churban) one should
not make things Hekdesh or pledge Erchin (money to
Hekdesh based on a person's age and gender) to Hekdesh;
1. If one made Hekdesh, we ensure that no one will
benefit from it as follows: an animal - we are
Me'aker it; produce, garments or vessels - we leave
them (in a place where no one will take them) to
rot; metal vessels or money - we throw them in the
Dead Sea;
13b---------------------------------------13b
2. 'Ikur' means, we lock it up so it will starve to
death.
(e) Answer #1 (Abaye): We do not cut the legs of Hekdesh,
that would be disgraceful (the animal would survive a
long time with cut legs).
1. Question: We should slaughter it!
2. Answer: Perhaps someone would come to eat it.
3. Question: We should cut it into two halves!
4. Answer (Abaye): "You should break their altars...Lo
Sa'asun Ken la'Sh-m".
(f) Answer #2 (Rava): We do not cut its legs, that would
*look like* blemishing Hekdesh.
(g) Question: That is truly blemishing Hekdesh!
(h) Answer: When the Mikdash stands, the animal is fitting to
be offered, it is blemishing Hekdesh;
1. Today, the animal cannot be offered, it is permitted
(mid'Oraisa, and forbidden mid'Rabanan because it
looks like blemishing Hekdesh).
(i) Question: It should be forbidden mid'Oraisa, just as
putting another blemish in a blemished sacrifice;
1. Even though the sacrifice cannot be offered, it is
forbidden to blemish it further!
(j) Answer: A blemished sacrifice cannot be offered, but it
is redeemed and we offer a replacement with the
redemption money;
1. Today, we cannot offer the animal or its value (so
mid'Oraisa one may blemish it).
(k) Question (R. Yonah): How do we prevent benefiting from
slaves?
1. Surely, we do not harm Yisrael slaves; the question
is about Nochri slaves.
(l) Answer (R. Ila'i - Beraisa): We do not cause Nochrim or
shepherds of small animals (who constantly steal by
grazing their animals in others' fields) to die, nor do
we save them.
3) WHAT MAY WE BUY?
(a) Question (R. Yirmeyah): The Beraisa permits buying slaves
- is this only Yisraelim, or even Nochrim?
(b) Answer #1 (R. Zeira): Presumably, only Yisraelim - why
should we be lenient to allow buying Nochrim?
(c) Answer #2 (Ravin): We may even buy a Nochri, he will
become an 'Eved Kana'ani', who keeps the Mitzvos
incumbent on women!
(d) Objection (Rav Ashi): That does not explain why one may
buy animals!
(e) Answer #3 (Rav Ashi): Rather, one may buy animals for
this is detrimental to the Nochri - this also is why one
may buy a Nochri slave.
(f) R. Yakov bought a sandal (at a Nochri bazaar); R.
Yirmeyah bought bread. Each rebuked the other 'Your Rebbi
would not do so'!
1. Each bought from a regular person, but thought that
the other bought from a merchant.
2. (R. Aba brei d'R. Chiya bar Aba): It is forbidden to
buy from a merchant, for the idolatry collects taxes
from them;
i. It is permitted to buy from a regular person,
they do not collect taxes from him.
(g) (R. Aba): Had R. Yochanan seen that here, the idolatry
collects taxes from regular people, he would have
forbidden that also!
(h) Question: If so, why did R. Yakov and R. Yirmeyah buy?
(i) Answer: The idolatry collects from regular people that
always sell, they bought from regular people that do not
normally sell.
4) ITEMS UNIQUELY USED FOR IDOLATRY
(a) (Mishnah): It is forbidden to sell the following to
Nochrim (they will be explained in the Gemara):
Itzterobelin, Benos Shu'ach, Petoteros, frankincense, and
white chickens;
(b) R. Yehudah permits selling a white chicken among many
chickens;
1. If one sells only a white chicken, he must cut off
its leg;
2. Nochrim do not offer to idolatry animals or birds
missing a limb.
(c) All other things: unspecified is permitted, specified is
forbidden (this will be explained).
(d) R. Meir forbids selling a good Dekel (date tree),
Chatzav, and Niklas to a Nochri.
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