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1) "NOCHRIM" EXEMPT FROM "KEDUSHAS BECHOR"

(a) (Normally, one must redeem a Peter Chamor (a firstborn donkey, by giving its value or a Seh to a Kohen), or do Arifah (break its neck).)
(b) (Mishnah): In the following cases, a Peter Chamor is exempt (from redemption or Arifah):

1. If one bought the fetus in a Nochri's donkey;
2. If one sold the fetus in his donkey to a Nochri, even though this is forbidden;
3. If one was a partner with a Nochri in a donkey;
4. If one was Mekabel from a Nochri (to take care of his donkey, and share the offspring), or he gave his donkey to a Nochri b'Kabalah.

(c) We learn from "b'Yisrael" -- not of others.
(d) (Gemara) Question: Why must the Mishnah teach all of these cases?
(e) Answer: All are needed:

1. Had it only taught one who bought a fetus, we would think that then it is exempt, for he [did not transgress, he even] increased its Kedushah (Tosfos -- if the fetus is a female, Kedushas Bechor will apply to its offspring), but one who sold his fetus is fined (he must buy it back to redeem it), for he uprooted Kedushas Bechor from it;
2. Question: Why must it teach about one who was a partner with a Nochri?
3. Answer: Chachamim must teach unlike R. Yehudah, who says that Kedushas Bechor applies in this case.
4. Question: Why must it teach about one who was Mekabel from a Nochri?
5. Answer: This is for parallel structure with the last case, if a Nochri was Mekabel one's donkey.
6. Question: Why must it teach about giving to a Nochri b'Kabalah?
7. Answer: One might have thought, since the mother primarily belongs to the Yisrael, we fine him (to buy it back to redeem it), lest this be confused with a regular case (people will think there is no Kedushas Bechor even when the Yisrael owns everything).

(a) (In all places a Yisrael is forbidden to sell a large (i.e. work) animal to Nochrim - this is a decree, lest he sell just before Shabbos and (on Shabbos) show the Nochri how to call to it to make it go (transgressing Mechamer), or lest he will rent to Nochrim (a Yisrael is commanded that his animals rest on Shabbos). In some places custom permits selling small animals to Nochrim, in other places it is forbidden.)
(b) Version #1 (Mishnah - R. Yehudah): It is permitted to sell a Shevurah (lame animal) to Nochrim;
(c) Ben Beseira permits selling a horse.
(d) Question: Does R. Yehudah permit selling a fetus to a Nochri?

1. Perhaps he permits a Shevurah because it cannot work - the same applies to a fetus!
2. Or, perhaps he permits a Shevurah because it is unusual (and people will not come to sell a Bari (healthy animal)) -- if so, it is forbidden to sell a fetus (for it is normal).

(e) Answer #1 (Mishnah): ...If one sold the fetus in his donkey to a Nochri, even though this is forbidden;

1. R. Yehudah does not argue!

(f) Objection: If so, you should also infer that he does not argue about partnership, Kabalah from a Nochri or giving to a Nochri b'Kabalah!

1. We know that he argues (at least about partnership) - likewise, he can argue about selling a fetus.

(g) Answer #2 (Beraisa - R. Yehudah): If Reuven was Mekabel from a Nochri and it gave birth, we estimate its value, he gives half of this to a Kohen;

1. If he gave to a Nochri b'Kabalah, even though this is forbidden, he is fined [and must buy it back for up to] 10 times its value, he gives its full value to a Kohen.

2. Suggestion: R. Yehudah discusses giving a fetus to a Nochri b'Kabalah (the Mekabel has no stake in the mother).

(h) Rejection: No, he discusses giving a female (not pregnant) b'Kabalah for its offspring.

1. Question: But it says "Damav" (the masculine form for "its value"), surely he discusses giving a fetus!
2. Answer #1: It should say "Dameha" (the feminime form).
3. Objection: If the mother was given (and Reuven must buy it back), why is it given to Kohanim?!
4. Answer #2: Rather, he gave a pregnant female to a Nochri to fatten it (the Nochri gets half of the increased value and offspring);

i. Since we fine him regarding the mother (he must buy it back), we also fine him regarding the fetus (he must give it to a Kohen, as if it had full Kedushas Bechor).

(i) Answer #2 (Rav Ashi - Beraisa - R. Yehudah): It is permitted to sell a Shevurah, because it cannot heal.

1. Inference: If it could heal, it would be forbidden.
2. A fetus is like a Shevurah that can heal (after it is born and grows, it can work)!

(j) Version #2 - (Mishnah): ...If one sold the fetus in his donkey to a Nochri, even though this is forbidden.
(k) Suggestion: Our Mishnah is unlike R. Yehudah.

1. (Mishnah - R. Yehudah): It is permitted to sell a Shevurah.

(l) Rejection: It can even be like R. Yehudah - he permits a Shevurah because it is unusual, but it is normal to sell a fetus, so it is forbidden.
(m) (Beraisa - R. Yehudah): If Reuven was Mekabel from a Nochri, we estimate its value, he gives half to a Kohen;

1. If he gave to a Nochri b'Kabalah, even though this is forbidden, he is fined 10 times its value, he gives its full value to a Kohen.
2. Suggestion: R. Yehudah forbids giving a fetus b'Kabalah (and he agrees with our Mishnah).

(n) Rejection: No, he discusses giving a female b'Kabalah for its offspring.

1. Question: But it says "Damav"!
2. Correction: It should say "Dameha."
3. Question: If the mother was given, why is it given to Kohanim?!
4. Answer: The case is, he gave a pregnant female to a Nochri to fatten it; since we fine him regarding the mother, we also fine him regarding the fetus.

(o) (Rav Ashi - Beraisa - R. Yehudah): It is permitted to sell a Shevurah, because it cannot heal.

1. Inference: If it could heal, it would be forbidden.
2. A fetus is like a Shevurah that can heal.

(a) (If one sold a large animal (i.e. a species that works) to a Nochri, he is fined, he must buy it back for up to 10 times its value.)
(b) Question: If one sold a female to a Nochri just for (R. Gershom - half of) its future offspring (it is not pregnant now), what is the law?

1. We ask according to R. Yehudah and according to Chachamim.
2. R. Yehudah permits selling a Shevurah, for (this is unusual), people will not confuse this with (and come to sell) a Bari - but here (a sale for offspring), people may confuse this with a full sale, he should be fined;

i. Or, since R. Yehudah permits selling a Shevurah absolutely, all the more so here, when he retains some ownership!

3. Chachamim forbid selling a Shevurah absolutely, but they would permit here, for he retains some ownership;

i. Or, since they forbid selling a Shevurah, even though people are not likely to get confused, all the more so they forbid here (like a full sale, and fine)!

4. Question: Do Chachamim really forbid because of confusion?!

i. (Beraisa): Chachamim asked R. Yehudah, "[Why do you permit a female Shevurah?] The Nochri will leave it to mate and have offspring!"
ii. This shows that they forbid [and fine] because [he will leave it for the sake] of offspring (not because of confusion)!

5. Answer: They address R. Yehudah according to his reasoning:

i. We forbid on account of confusion - why do you permit?
ii. Presumably, since it cannot be healed, you consider it as if he bought it to eat immediately - perhaps he wants it for offspring, he will keep it for a long time!

6. R. Yehudah answered, it will not gave birth, it will not allow a male to mate with it (R. Gershom - it cannot bear a male's weight).

(c) Answer #1 (Mishnah): ...If one gave his donkey to a Nochri b'Kabalah.

1. It does not say "even though this is forbidden"!

(d) Objection: Also regarding partnership with a Nochri, it does not say "even though this is forbidden" - will you infer that it is permitted?!

1. (Shmuel's father): It is forbidden to make a partnership with a Nochri, lest the Nochri will have to swear, and he will swear in the name of idolatry - the Yisrael transgresses "Lo Yishma Al Picha."
2. We must say that Mishnah forbids selling [a fetus], the same applies to partnership;
3. Likewise, it forbids selling, the same applies to giving b'Kabalah!
4. Question: Why does it forbid selling, as opposed to partnership or giving b'Kabalah?
5. Answer: This is the main (Tosfos - most evident) prohibition.