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1) ANIMALS WORKING WITH TERUMAH AND MA'ASER

(a) Version #1 - Rashi (Beraisa #1): One who muzzles a cow that is Meraches (threshes grain that was soaked and dried) or threshes Terumah or Ma'aser, he does not transgress "Lo Sachsom" (Rashi - in all these cases, it was already Kavu'a for Ma'aser; Tosfos - regarding Terumah and Ma'aser, this is not "Disho" (food fit for it));

1. This is forbidden because others (who assume it threshes regular grain) will think he transgresses;

(b) Version #2 - Rambam (Beraisa #1): One may muzzle a cow that is Meraches (walks over grain - this is not considered work);

1. If it threshes Terumah or Ma'aser, he does not transgress "Lo Sachsom", but this is forbidden because others (who assume it is Chulin) will think he transgresses; (end of Version #2)

i. Rather, he brings a handful of the species it threshes and hangs it near its mouth so it can eat.
ii. R. Shimon says, he gives it vetch (horsebean), for this is the best food for it.

(c) Contradiction (Beraisa #2): One who muzzles a cow that is Meraches does not transgress "Lo Sachsom";

1. If it threshes Terumah or Ma'aser, he transgresses.
2. If a Nochri threshes with Reuven's muzzled cow, Reuven does not transgress;
3. If Reuven threshes with a muzzled cow of a Nochri, Reuven transgresses.
4. The Beraisos argue regarding Terumah and Ma'aser!

(d) Answer #1 (regarding Terumah): He does not transgress if it threshes regular (mid'Oraisa) Terumah, he transgresses if it threshes produce grown from Terumah seeds (which is only Terumah mid'Rabanan);

1. The contradiction remains regarding Ma'aser.

(e) Suggestion: Perhaps also regarding Ma'aser, he transgresses if it threshes produce grown from Ma'aser.
(f) Rejection: Granted, produce grown from Terumah is Terumah - but produce grown from Ma'aser is Chulin!

1. (Mishnah): Produce grown from Tevel or Ma'aser Sheni is Chulin.

(g) Answer #1 (regarding Ma'aser): He transgresses if it threshes Ma'aser Rishon (it is like Chulin), not if it threshes Ma'aser Sheni.
(h) Answer #2 (regarding Ma'aser): In both Beraisos, it threshes Ma'aser Sheni;

1. Beraisa #1 is R. Meir, who says that Ma'aser Sheni is like Hekdesh; Beraisa #2 is R. Yehudah, who says that Ma'aser Sheni is like Chulin.
2. Question: What is the case that it is Ma'aser before threshing?
3. Answer: He declared it Ma'aser when it was still sheaves.
4. Question: According to R. Yehudah, why is he liable? He may not let the animal eat Ma'aser Sheni outside of Yerushalayim!
5. Answer: The case is, it threshes within Yerushalayim.

(i) Answer #3 (regarding Ma'aser): He is liable regarding Ma'aser Sheni of Demai (doubtfully tithed produce - mid'Oraisa, it is Chulin); he is exempt regarding proper (mid'Oraisa) Ma'aser Sheni.

1. This suggests another answer for Terumah!

(j) Answer #2 (regarding Terumah): He is liable regarding Terumah of Demai, exempt regarding proper Terumah.
(k) Question: We find Ma'aser of Demai, but not Terumah of Demai!

1. (Beraisa): (Yochanan Kohen Gadol) instructed people not to say the declaration of Ma'aser (because it was enacted to give Ma'aser Rishon to Kohanim or the poor, people cannot say "Nesativ la'Levi") and decreed that one who buys produce from a commoner (i.e. one who did not accept all the stringencies of being trustworthy about Ma'aser) must separate Ma'aseros;

i. This is because he found that many people only separated Terumah Gedolah, not Ma'aseros.

(l) Answer #3 (regarding Terumah): He is liable regarding Terumas Ma'aser of Demai, exempt regarding proper Terumas Ma'aser.
(m) Question: If an animal was suffering diarrhea from eating, may he muzzle it?

1. If the Mitzvah is for the physical well-being of the animal, it is better that it not eat;
2. If the Mitzvah is because the animal is pained when it sees food and cannot eat it, he should let it eat!

(n) Answer (Rav Sheshes - Beraisa - R. Shimon): He gives it vetch for this is the best food for it.

1. This shows that the Mitzvah is for the physical well-being of the animal.

(a) Question: May Reuven ask a Nochri 'Muzzle my cow and thresh with it'?

1. It is forbidden to ask a Nochri to do Melachah on Shabbos - perhaps that is a stringency of Shabbos (since one who desecrates Shabbos is liable to death), it does not apply to muzzling, which is only a Lav;
2. Or - is there no distinction?

(b) Answer #1 (Beraisa): If a Nochri threshes with Reuven's muzzled cow, Reuven does not transgress.

1. He does not transgress, but it is forbidden!

(c) Rejection: Really, it is permitted; the Tana said he does not transgress for parallel structure to the next clause, if Reuven threshes with a muzzled cow of a Nochri, Reuven transgresses.
(d) Answer #2 - Question (from Eretz Yisrael): There are Nochrim that steal bulls from Yisraelim (their friends, who prefer castrated bulls for plowing), castrate them and return them - what is the law?

(e) Answer (Shmuel's father): This is a ruse - we do not let them benefit from this, the owners must sell them. (Even though castration is only a Lav, it is forbidden to ask a Nochri to do it.)
(f) Rejection (Rav Papa): In Eretz Yisrael, they hold that Nochrim are forbidden to castrate, by encouraging them to do so the Yisrael transgresses "Lifne Iver".
(g) (Rava): Shmuel's father ruled that the bulls must be sold to be slaughtered.
(h) Rejection (Abaye): It suffices that we fine the owner by forcing him to sell them.
(i) The following is obvious: selling it to one's son (an adult) is (permitted) like selling it to a stranger.
(j) Question: May he sell it to his minor son?
(k) Answer #1 (Rav Achi): No.
(l) Answer #2 (Rav Ashi): Yes.
(m) Mereimar and Mar Zutra would exchange their bulls with each other (Tosfos - they did not want the Nochrim to castrate them - in any case, they did not keep them, lest people will suspect them).

(a) Question #1 (Rami bar Chama): May one put a thorn in an animal's mouth so it cannot eat (while working)?
(b) Objection: Surely not, that is muzzling!
(c) Correction - Question #1 (Rami bar Chama): If an animal has a thorn in its mouth and cannot eat - must one remove it before working with it?
(d) Question #2: May one set a lion near the animal, so it will be afraid to eat?
(e) Objection: Surely not, that is muzzling!
(f) Correction - Question #2: If a lion was near the animal, may one work with it? (Tosfos - if one must remove a thorn, this does not teach whether one may work with an animal which will not eat due to something not on the animal's body.)
(g) Question #3: May one set the animal's child nearby, so it will be reluctant to eat (Some texts - if the animal's child is nearby, what is the law)?
(h) Question`#4: May one put a skin over the grain, so the animal will not see what it threshes?
(i) Answer (to Question #4 - Beraisa): Reuven may deny food to his cow in order that it will eat a lot when working by Shimon; Reuven may put straw in front of his animal so it will not eat from what it threshes.
(j) Rejection #1: There, it eats (straw, at least)- if he puts a skin over, it will not eat anything.
(k) Rejection #2: The Beraisa means, Reuven may put straw in front of his animal before it threshes so it will not eat much when it threshes.
(l) Question (R. Yonason): If Reuven muzzled his animal before it started threshing, what is the law?

1. The Torah forbids muzzling when it threshes - he did not do this!
2. Or - is it forbidden to thresh with a muzzled animal?

(m) Answer (R. Simai): (Kohanim may not drink wine) "B'voachem" - are they only forbidden to drink while in the Mikdash, but they are permitted to drink beforehand?!

1. "U'Lehavdil" (he must be sober to distinguish)!
2. Rather, the verse teaches that at the time of coming, he may not be drunk;

i. Likewise, at the time of threshing, the animal may not be muzzled!

(n) (Beraisa): If Reuven muzzled a cow or tied diverse species to a wagon and Shimon made them thresh or lead, Reuven is exempt and Shimon is liable.