Previous daf

1)

(a) We learned in our Mishnah that a cow and a donkey have generally conceived and given birth by the time they reach their fourth year. Rebbi Yossi b’Rebbi Yehudah - extends the period of a donkey by one year.

(b) The Beraisa repeats the opinion of Rebbi Yishmael, citing Rebbi Yehoshua, who presents the objection of ‘Tinuf, Sh’fir and Shilya’ (like Rebbi Akiva in our Mishnah), which he heard from his Rebbes. Initially, we suggest that they are arguing over – whether Tinuf negates the Din of Bechorah (Rebbi Yehoshua) or not (Rebbi Yishmael).

(a) Alternatively, even Rebbi Yishmael holds that Tinuf negates the Din of Bechorah, and they are arguing over – whether we suspect there having been a ‘Tinuf’ (Rebbi Yehoshua) or not (Rebbi Yishmael) ...

(b) ... because even though we just learned that Rebbi Yishmael holds like Rebbi Meir, who contends with the minority – that is only le’Chumra, but not le’Kula.

(c) As a second alternative, we suggest that Rebbi Yishmael might even hold like Rebbi Meir le’Kula, too. Yet he considers the next baby to be a Safek Bechor – because he holds that an animal that emits a ‘Tinuf’, cannot possibly give birth within its first year. If it did, then we know for certain that what it emitted was not a proper ‘Tinuf’.

(d) Whereas according to Rebbi Yehoshua - it is possible to give birth within a year even after emitting a Tinuf.

(a) Rebbi Yehoshua concludes however, that he disagrees with what he heard from his Rebbes. He maintains that a goat which emitted a ‘Tinuf’ at six months, can still give birth within the year. According to the tradition from his Rebbes – this was only possible if it emitted it at three or four months (less than six), as we shall see.

(b) We establish that the two opinions of Rebbi Yehoshua argue over a statement of Ze’iri, who says ‘Ein Tinuf Pachos mi’Sheloshim Yom’ – meaning that a female animal will not mate within thirty days of emitting a ‘Tinuf’.

(c) The period of pregnancy of a Beheimah Dakah is – five full months (each consisting of thirty days).

(d) Consequently, Rebbi Yehoshua’s second opinion cannot concur with Ze’ ri – because if we add thirty days plus five months on to six months, we will have entered the animal’s second year (whereas Rebbi Yehoshua said that the animal can give birth in the same year).

(a) There is no problem according to Rebbi Yehoshua’s first opinion – which speaks when the animal emitted the Tinuf earlier (as we explained).

(b) Alternatively, even Rebbi Yehoshua’s second opinion concur’s with Ze’ iri. It might nevertheless be possible for an animal which emitted a ‘Tinuf’ at six months to give birth ...

1. ... within the year – assuming that (disagreeing with what we wrote earlier) he holds that an animal can give birth before the full five months are up (just like a woman can before her nine-month period terminate).
2. ... within a year, even assuming that it requires five full months of pregnancy – if he holds that, based on the principle ‘Miktzas ha’Yom ke’Kulo ’, the animal can give birth at the beginning of the last day of its pregnancy (in which case it will take place on the last day of its first year).

5)

(a) Rebbi Akiva disagrees with Rebbi Yehoshua in the Beraisa. Initially, Rebbi Chanina from Sura assumes that he exempts even an animal that has milk, from the Bechorah – because most animals that have milk have given birth.

(b) Rebbi Yehoshua will then hold – that we go after the minority (like Rebbi Meir).

(c) The Tana Kama in the Mishnah in Yevamos rules that if a man moves to another country with his wife, and dies without children, in the event that his mother-in-law was pregnant when they left, his wife is forbidden to get married. Rebbi Yehoshua disagrees – because, he argues, we will combine half the women who give birth to girls, with the minority of women who have miscarriages, leaving us with a minority possibility that the woman gave birth to a boy, in which case, the woman is permitted to get married.

(d) This creates with Rebbi Yehoshua’s ruling in the previous Beraisa – where he contends with the minority (like Rebbi Meir, and the Tana Kama on the Mishnah in Yevamos).

(a) To conform to the Mishnah in Yevamos, we therefore amend the Beraisa – by switching the opinions, to read ‘Rebbi Yehoshua Sover, Chalav Poter ... ve’Rebbi Akiva Sover, Ha Ika Mi’uta de’Cholvos Af-al-Pi she’Ein Yoldos’.

(b) When Rebbi Akiva now says ...

1. ... Kol she’Yadua she’Bichrah, Ein Ka’an le’Kohen K’lum’, he means – even after just Tinuf.
2. ... ‘Safek, Ye’achel be’Mumo le’Ba’alim, he means – even if it has milk.

(c) And we support this with a Beraisa, where Rebbi Yehoshua says – ‘Chalav Poter’, and Rebbi Akiva says – ‘Chalav Eino Poter’.

(a) The Beraisa rules that if a goat gave birth to three female babies, each of which subsequently gave birth to three female babies of their own - all twelve animals will go into the pen to be Ma’asered ...

(b) ... excluding the original goat.

(c) The reason the Tana chooses to speak about goats is – because they happen to proliferate more than cows and sheep.

(d) Rebbi Shimon adds - that he once saw such a case, where the owner placed all twelve animals in the pen within the year that the first three babies were born.

(a) The Tana Kama’ refers to three babies each, when two of them might just as well have given birth to two each – because since one of them had to have three babies, it mentions the same number by each one.

(b) The problem we nevertheless have with the fact that the Tana chose a case where each of the three gave birth to three is that he could have got away with two each (or so initially think) – by adding that the mother gave birth again (to the tenth offspring) at the end of the year.

(c) We suggest that perhaps the Tana holds that an animal that emits a ‘Tinuf’ cannot give birth within a year. However, this statement differs dramatically from a similar statement that we made earlier in connection with the Machlokes between Rebbi Yishmael and Rebbi Akiva - inasmuch as there we were talking about the animal not giving birth within its first year, whereas here we are talking about the animal not giving birth within a year of the emission.

(d) We reject this suggestion however, concluding – that here everyone will agree that the mother cannot give birth within a year because it just gave birth (even if it is able to give birth after emitting a ‘Tinuf’).