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1) WHY MAY WE BUY SACRIFICES FROM NOCHRIM?

(a) Answer #2 (to Contradiction 3:d, 22B - Ravina): We are concerned for bestiality l'Chatchilah (therefore, we do not leave animals by Nochrim), not b'Diavad (therefore, we may buy sacrifices from them).

1. Question: What is the source that we distinguish between l'Chatchilah and b'Diavad?
2. Answer (Mishnah): A woman may not be secluded with Nochrim, for they are suspected of illicit relations;

i. Contradiction (Mishnah): A woman was taken captive by Nochrim:
ii. If this was on account of money owed to her captor, she is permitted to her husband;
iii. If she was sentenced to die, she is forbidden to her husband.

3. Resolution: Even though l'Chatchilah she may not be secluded with Nochrim, b'Diavad we are not concerned.

(b) Rejection: Perhaps (normally) we are concerned even b'Diavad;

1. This case is different, because her captor fears that if he has relations with her, her husband will not pay her debt to redeem her.
2. Support (Mishnah): If she was sentenced to die (her captors have nothing to lose), she is forbidden to her husband.

(c) Answer #3 (R. Pedas): Our Mishnah is R. Eliezer; the Beraisa that permits buying sacrifices from Nochrim is Chachamim.

1. (Mishnah - R. Eliezer): We may not buy a cow (to use for the red heifer) from Nochrim (the red heifer is not really a sacrifice, but many of its laws are like those of a sacrifice);
2. Chachamim permit this.
3. R. Eliezer forbids because we are concerned that the Nochri had relations with it, Chachamim are not concerned for this.

(a) Objection #1: Perhaps neither is concerned for this; rather, R. Eliezer forbids on account of Rav Yehudah's law.

1. (Rav Yehudah): Even if one left a bundle of sacks on a red heifer (this is considered work), it is disqualified;

i. A calf is disqualified from being an Eglah Arufah (to atone when a murdered corpse is found) only if it pulled (a yoke or burden).

2. R. Eliezer is concerned that the heifer was used for work, Chachamim are not concerned for this.

(b) Rejection (of Objection #1): No one would be concerned, the Nochri expects to receive a fortune for the cow, he will not risk this for a minor convenience (resting his sack on it)!
(c) Objection #2: Likewise, no one would be concerned that the Nochri will risk losing a fortune by having relations with it!
(d) Rejection: R. Eliezer is concerned, for his evil inclination (for bestiality) tempts him greatly!
(e) Objection #3: Perhaps no one is concerned for bestiality; R. Eliezer forbids as Shila taught.

1. (Shila): R. Eliezer expounds "...Benei Yisrael v'Yikchu Elecha" - Benei Yisrael must provide (we read it 'Yakichu') it.

(f) Rejection: This cannot be his reason!

1. (End of the above Mishnah): Similarly, R. Eliezer forbids buying all sacrifices from Nochrim.

i. The above verse only applies to the red heifer!

(g) Objection #4: Perhaps Chachamim only permit the red heifer, for the Nochri hopes to get much money for it, but they agree that we may not buy sacrifices from Nochrim!

(h) Rejection #1: If so, the following Beraisa is not like Chachamim or R. Eliezer!

1. (Beraisa): We may buy sacrifices from Nochrim.

(i) Rejection #2: From Chachamim's response we see that they argue regarding sacrifices!

1. (Beraisa): Chachamim challenged R. Eliezer: "Kol Tzon Kedar (of Yishmael)...Al Ratzon Mizbechi".

(j) (Conclusion: All questions against R. Pedas were answered.)

(a) Inference: Chachamim and R. Eliezer only argue regarding whether or not we are concerned that he *may have* had relations with it; if we know that he did, all agree that it is disqualified;

1. We conclude that the red heifer has the law of Kodshei Mizbe'ach (Kodshim brought on the Altar);
2. If it was only like Kodshim of Bedek ha'Bayis, bestiality would not disqualify it!

(b) Rejection #1: In most respects, it is like Kodshim of Bedek ha'Bayis; bestiality disqualifies it because the Torah calls it 'Chatas'.
(c) Version #1 - Rashi - Objection: If so (all agree that it is like Bedek ha'Bayis, but it is called 'Chatas'), a Yotzei Dofen (one born through Caesarian section) should be disqualified (according to everyone)!
(d) Version #2 - Tosfos - Question: Since bestiality disqualifies it (whether this is because it is Kodshei Mizbe'ach, or because it is called 'Chatas'), a Yotzei Dofen should also be disqualified (according to everyone)! (End of Version #2)

1. Suggestion: Perhaps it is!
2. Rejection (Beraisa): A Yotzei Dofen is invalid for the red heifer; R. Shimon says, it is valid.
3. Suggestion: R. Shimon allows it because he holds that a Yotzei Dofen has the same law like one born normally. (R. Shimon says that the Tum'ah of a woman who gave birth does not depend if it was a normal birth or a Caesarian section.)
4. Rejection: R. Yochanan taught R. Shimon admits that a Yotzei Dofen is invalid for a sacrifice.

(e) Version #1 - Rashi - Retraction: Indeed, Chachamim say that it is Kodshei Mizbe'ach;

1. R. Shimon says that it is Hekdesh Bedek ha'Bayis; bestiality (or being designated for idolatry or worshipped) disqualifies it, just like a blemish disqualifies it.

(f) Version #2 - Tosfos - Answer: Bestiality (or being designated for idolatry or worshipped) disqualifies it, just like a blemish disqualifies it (but not because it is Kodshei Mizbe'ach or because it is called 'Chatas'). (End of Version #2)

1. "Ki Mashchasam Bahem Mum Bam";
2. (Tana d'vei R. Yishmael): 'Mashchasam' always refers to sexual immorality and idolatry.

i. Sexual immorality - "Hishchis Kol Basar Es Darko";
ii. Idolatry - "Pen Tashchisun va'Asisem Lachem Pesel".

(a) (Shila): R. Eliezer expounds "...Benei Yisrael v'Yikchu Elecha" - Benei Yisrael must provide it.
(b) Question: If so, we should say that only Benei Yisrael can provide needs of the Mikdash - "Benei Yisrael v'Yikchu Li Terumah"!

1. Suggestion: Perhaps this is true!
2. Rejection (Rav Yehudah): R. Eliezer taught that one must honor his parents as much as Dama ben Nesinah (who was a Nochri);

i. Once Chachamim needed a stone for (Tosfos - the Choshen, which is attached to) the Efod; they were willing to pay 600,000 Dinars above its value.