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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bechoros 25
1) RAV'S OPINION
(a) Question: Does Rav really permit this on Yom Tov (because
it is a Davar she'Eino Miskaven)?!
1. But R. Chiya bar Ashi said that Rav forbids plugging
up a barrel tightly on Yom Tov (with rags around the
plug, even though he does not intend to squeeze out
liquid)!
(b) Answer: That is different - even R. Shimon (who permits
Davar she'Eino Miskaven) forbids that!
1. (Abaye and Rava): R. Shimon admits that a Pesik
Reisha (something which will definitely result in a
transgression) is forbidden (it is as if he intends
to do it).
(c) Question: R. Chiya bar Ashi said that Rav rules like R.
Yehudah (who forbids Davar she'Eino Miskaven); R. Chanan
bar Ami said that Shmuel rules like R. Shimon;
1. R. Chiya bar Avin concurred with these rulings said
in the names of Rav and Shmuel.
(d) Answer (and retraction of the original understanding of
Question 3:e, 24b): Really, Rav forbids Davar she'Eino
Miskaven; uprooting is not considered shearing;
1. It is permitted on Yom Tov because it is an abnormal
way of uprooting something from where it grows.
(e) Question: Uprooting is considered shearing!
1. (Beraisa): If one (b'Shogeg) plucked a feather from
a bird's wing, then was Kotem (cut off the end),
then smoothed (trimmed its "hair"), he must bring
three Chata'os.
2. (Reish Lakish): Plucking is liable on account of (it
is a derivative of the Av Melachah of) shearing,
Kotem is liable on account of Mechatech (cutting to
a specific size), smoothing is liable on account of
Memachek (smearing).
(f) Answer: One is liable for plucking from a wing, for this
is normal.
(g) Assumption: Since Rav holds like R. Yosi ben ha'Meshulam,
R. Yosi must hold like Rav (i.e. he forbids Davar
she'Eino Miskaven. Tosfos - if not, perhaps R. Yosi
permits in the Mishnah only without intent to uproot, for
he holds that this is a normal way of uprooting something
from where it grows, unlike Rav).
(h) Question: But R. Yosi permits Davar she'Eino Miskaven!
1. (Beraisa): If a Parah Adumah has two hairs that are
red at the root and black at the end (our text;
Tosfos' text - black at the root and red at the
end), one may cut them (to be Machshir it) with a
scissors, he need not be concerned (for the Isur of
shearing).
(i) Answer #1: The Isur of shearing does not apply to cattle
(for they do not have wool).
(j) Objection (Beraisa): "Lo Sa'avod bi'Vechor Shorecha v'Lo
Sagoz Bechor Tzonecha" - this forbids working with a
Bechor ox and shearing a Bechor Seh;
1. Question: What is the source to forbid working with
a Bechor Seh and shearing a Bechor ox?
2. Answer: "Lo Sa'avod...*v*'Lo Sagoz" (the "Vav"
connects the Lavim to teach that both apply to the
same (i.e. both) animals).
(k) Answer #2: The Isur of shearing does not apply to Parah
Adumah, for it is Kodshei Bedek ha'Bayis.
1. Question: But R. Elazar taught that it is forbidden
to shear or work with Kodshei Bedek ha'Bayis!
2. Answer: The Isur is only mid'Rabanan.
3. Question: In any case, it is forbidden mid'Rabanan!
(Why does R. Yosi permit it?)
4. Answer: Because Parah Adumah is uncommon, Chachamim
did not decree.
5. Question: It would be better to redeem it, cut the
hairs and be Mekadesh it again!
6. Answer: It is very expensive (it is unlikely that
enough money is available to redeem it).
7. Question: We should redeem it for a Perutah, like
Shmuel's teaching!
i. (Shmuel): If Hekdesh of any value was redeemed
onto a Perutah, the Hekdesh becomes Chulin.
8. Answer: Shmuel's law is b'Di'eved, it is forbidden
to do so l'Chatchilah.
(l) (Text of R. Gershom and Shitah Mekubetzes - Answer #3):
The Isur of shearing cattle only applies to the tail.
(m) Answer #3 (or 4): Our assumption (g) was wrong - Rav
holds like R. Yosi, but R. Yosi does not hold like Rav,
he permits Davar she'Eino Miskaven.
2) THE "HETER" TO REMOVE HAIR
(a) (Mishnah): He uproots the hair, but must not move it (he
leaves it caught in the attached hair).
(b) (Rav Asi): This must be done by hand, not with a Kli.
(c) Question (Mishnah): He makes room (for slaughter) on both
sides with a Kopitz.
(d) Answer: It should say, he makes room on both sides *for*
a Kopitz.
(e) (Mishnah): The same applies to one who uproots hair to
inspect a Mum.
(f) Question: Is this l'Chatchilah, or b'Di'eved (if one
uprooted hair to inspect a Mum, he must not move it, like
one who did so for slaughter)?
(g) Answer (R. Yirmeyah - Beraisa - R. Yosi ben ha'Meshulam):
If [there is a Mum in a Bechor's ear and] wool is tangled
in the ear, one uproots the wool to inspect the Mum.
1. This shows that this is l'Chatchilah.
(h) (Rav Mari): We already learn this from our Mishnah!
1. (Mishnah): Similarly, one uproots hair to inspect a
Mum.
2. Question: Why does it say "similarly"?
i. Suggestion: This teaches that [if hair was
uprooted to inspect a Mum,] it may not be
moved.
ii. Rejection: Even when hair was uprooted for
slaughter (which clearly shows he did not
intend for the hair), it may not be moved - all
the more so when it was uprooted to inspect a
Mum (which does not prove what his intention
was)!
3. Answer: Similarly, it is permitted to uproot the
hair, i.e. l'Chatchilah.
3) THE DECREE TO FORBID HAIR
(a) (Mishnah - R. Yehudah): If hair of a Bechor Ba'al Mum
fell out and was put in the window, and then it was
slaughtered, Akavya ben Mahalal'el permits the hair;
25b---------------------------------------25b
1. Chachamim forbid it.
(b) R. Yosi: Akavya does not permit in this case, rather,
when the hair fell out and was put in the window, and
then the Bechor died.
(c) If dangling wool (it is detached from the skin, but it
still clings to the attached wool) of a Bechor is Nir'eh
(seen) with the attached wool (this will be explained),
it is permitted;
1. If it sticks out, it is forbidden.
(d) (Gemara) Inference: R. Yosi holds that Akavya forbids
[hair in the window after slaughter].
(e) Objection: If he permits after death (without slaughter,
when the Bechor is totally forbidden), all the more so he
should permit after slaughter (when the Bechor is totally
permitted)!
(f) Correction: Rather, R. Yosi means that they do not argue
(Akavya permits, Chachamim forbid) in this case of
slaughter - there, all permit;
1. Rather, they argue in the case that the Bechor died.
(g) (R. Asi citing Reish Lakish): Akavya and Chachamim argue
when an expert [saw the Mum and] permitted the Bechor -
Chachamim say that we decree lest one delay slaughtering
it (to gain hair that will fall), Akavya does not decree;
1. If an expert did not permit it, all forbid the hair.
(h) Question (Rav Sheshes - Beraisa): A Ba'al Mum forbids any
quantity [of animals with which it became mixed);
1. R. Yosi says, one checks.
2. Question: What does this mean?
i. It cannot mean to check which is the Ba'al Mum
and to remove it - surely, the first Tana would
not argue with this!
3. Answer #1 (Rav Nachman): The case is, shearings of a
Bechor became mixed with Chulin shearings;
i. The first Tana is R. Yehudah, who says that
Chachamim forbid shearings [even] after the
animal was slaughtered; R. Yosi says that
Chachamim permit in this case;
ii. R. Yosi says, *it is checked*.
4. Question: What does this mean?
i. Suggestion: We check whether or not the Mum is
permanent. (If it is, the shearings are
permitted, even though they fell before an
expert permitted the animal - this refutes
Reish Lakish!)
(i) Answer #1 (and Answer to Question (4) - Rava): No, we
check whether an expert permitted the animal before the
shearings fell - if so, they are permitted; if not, not.
(j) Objection (R. Yirmeyah): These Chachamim of Bavel err;
they did not hear how R. Yochanan explains the Beraisa!
(k) Answer #2 (to Questions (h) and (h:2) - R. Chiya bar Aba
citing R. Yochanan): The argument in the Beraisa is when
they checked all the animals for the Ba'al Mum and did
not find it, they argue like the following Tana'im:
1. (Mishnah - R. Meir): [If a grave was lost in a field
and the entire field was checked and the grave was
not found,] anything Muchzak to be Tamei (i.e. the
entire field, mi'Safek) keeps its Chazakah until the
Tum'ah is found;
2. Chachamim say, one digs until finding a big rock or
virgin soil (we are not concerned that there is
Tum'ah underneath).
(l) Answer #3 (R. Asi citing R. Yochanan): The argument is
when they checked some animals and found a Ba'al Mum,
they argue like the following Tana'im:
1. (Beraisa - Rebbi): [If a grave was lost in a field,]
one who enters the field is Tamei;
i. If a grave was found in the field, one who
enters the field is Tahor - we assume that it
is the same one that was lost.
2. R. Shimon ben Gamliel says, the entire field must be
checked (if not, one who enters is Tamei).
(m) Question: According to R. Asi, why didn't R. Yochanan
explain like R. Chiya bar Aba explains?
(n) Answer: Regarding Tum'ah, we can say that a raven or
mouse took it, but the Ba'al Mum did not go away!
(o) Question: According to R. Chiya, why didn't R. Yochanan
explain like R. Asi explains?
(p) Answer: It is normal to bury a Mes in a field - we know
that one was buried here, perhaps another also (and we
found the other);
1. When a Ba'al Mum became mixed with animals that were
checked, we need not suspect that one of the others
got a Mum!
2. R. Asi argues - since animals gore each other, it is
common to get a Mum.
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