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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Chulin 135
***** PEREK REISHIS HA'GEZ *****
1) "REISHIS HA'GEZ" DOES NOT APPLY TO "KODSHIM"
(a) (Mishnah): Reishis ha'Gez (first shearings) applies in
Eretz Yisrael and in Chutz la'Aretz, whether or not the
Mikdash stands; it applies to Chulin, not to Kodshim.
(b) There is a stringency of Matanos over Reishis ha'Gez -
Matanos apply to cattle and flock, to a large or small
number of animals, whereas Reishis ha'Gez applies only to
sheep, and to a large quantity:
1. Beis Shamai say, one who shears two sheep must give
- "u'Shtei Tzon";
2. Beis Hillel say, one who shears five sheep must give
- "v'Chamesh Tzon Asuyos";
3. R. Dosa ben Hurkanus says, he must give only if the
five sheep yield the weight of two (Rashi - one) and
a half Manos.
4. Chachamim say, he is liable for any amount (of
wool).
(c) One must give to the Kohen shearings that will weigh five
Sela'im of Yehudah (which equals ten Sela'im in Galil)
after they are cleaned, in order that the Kohen can make
a small garment;
1. "Titen Lo" - it must be a fitting gift.
(d) If he dyed the wool before giving it, he is exempt; if he
merely cleaned it, he must give it (this is not
considered a change).
(e) If one buys wool (Rashi - atta
(f) If Shimon buys wool attached to Reuven's sheep:
1. If Reuven kept some for himself, he is liable; if
not, Shimon is liable.
2. If Reuven had two kinds of sheep, some dark and some
white, and he sold only wool of/on the dark ones, or
if he sold only wool of/on the males, not of the
females, Reuven and Shimon both give.
(g) (Gemara) Question: Why doesn't Reishis ha'Gez apply to
Kodshim?
(h) Answer: "Tzoncha" - not Hekdesh's flock.
(i) Inference: If not for this verse, we would obligate
Hekdesh;
(j) Question: It is forbidden to shear them - "v'Lo Sagoz
Bechor Tzoncha"!
(k) Answer: That applies only to Korbanos; the verse exempts
flock of Bedek ha'Bayis.
(l) Question: But R. Elazar taught, it is forbidden to shear
or work with Kodshim of Bedek ha'Bayis!
(m) Answer: That is only mid'Rabanan;
1. One might have thought, since mid'Oraisa one may
shear them, if he does, he must give a Kohen (- the
verse teaches this is not so).
(n) Question: The wool is Hekdesh, he could not give it to a
Kohen!
(o) Answer #1: He could redeem it and then give it.
(p) Question: This is according to the opinion that does not
require Ha'amadah and Ha'arachah (to stand up the animal
for evaluation before redemption) for Kodshei Bedek
ha'Bayis;
1. According to the opinion that requires Ha'amadah and
Ha'arachah, how can we answer?
(q) Answer #2 (Rav Mani bar Patish): The case is, the owner
was Makdish his animal to Bedek ha'Bayis, excluding its
shearings;
1. One might have thought that Reishis ha'Gez applies
to such sheep - the verse exempts.
2. Question: The same applies if he made his animal a
Korban, excluding its shearings!
3. Answer: No, it would be forbidden to shear it, for
this weakens it.
4. Question: The same applies to Bedek ha'Bayis - why
may he shear it?!
5. Answer: The case is, the owner was Makdish his
animal to Bedek ha'Bayis, excluding its shearings
and the weakness resulting from shearing (i.e. he
stipulated that he may shear it, even though this
weakens it).
6. Question: The same applies if he made his animal a
Korban, excluding its shearings and the resulting
weakness!
7. Answer: In a Korban, the Kedushah spreads, the
animal becomes fully Kodesh.
8. Question: What is the source of this?
9. Answer (Mishnah - R. Yosi): Regarding Korbanos, if
one says "The leg of this animal is an Olah," the
entire animal is an Olah.
i. Even R. Meir argues (and says that only the leg
is Kadosh) only when he was Makdish a non-vital
limb, but if he was Makdish a limb vital to
life, all agree that the entire animal is
Kadosh!
(r) Answer #3 (Rava): The case is, the owner was Makdish only
the shearings of his animal to Bedek ha'Bayis;
1. One might have thought, when he shears such sheep,
he must redeem some of the wool and give it to a
Kohen;
2. "Gez Tzoncha Titen Lo" - the Torah only commands
when you can give immediately after shearing, not
when you must redeem it in between.
2) THE EXEMPTION OF PARTNERS
(a) Question: What does Rava learn from "Tzon*cha*"?
(b) Answer (Beraisa): Reishis ha'Gez applies to sheep of
partners; R. Ila'i exempts.
1. Question: What is R. Ila'i's reason?
2. Answer #1: "Tzoncha" excludes sheep of partners.
3. Chachamim say, this exempts [only] partnership with
a Nochri.
4. Question: What is R. Ila'i's source to exempt
partnership with a Nochri?
5. Answer: The Reisha of the verse excludes this -
"Reishis Degan*cha*," not a partnership with a
Nochri.
6. (Implied question: Why don't Chachamim learn like R.
Ila'i?)
7. Answer #1: They do not learn from there, because
"Reishis" (written before "Gez") interrupts.
i. R. Ila'i learns from there, because the "Vav"
("*v*'Reishis") joins them.
135b---------------------------------------135b
ii. Question (against R. Ila'i): The Torah should
not interrupt, it would not need to join them!
iii. Anwer: The Torah interrupted because they are
different - Terumah (Reishis Degancha) has
Kedushah, Reishis ha'Gez does not.
8. Answer #2: Chachamim do not learn like R. Ila'i,
because they obligate taking Terumah from produce
owned jointly with a Nochri.
i. (Beraisa - Rebbi): If a Yisrael and Nochri are
partners in a field, all the produce is a
mixture of Chulin (produce exempt from Terumah
and Ma'aseros) and Tevel.
ii. R. Shimon ben Gamliel says, the Yisrael's share
of the produce is Tevel, the Nochri's share is
Chulin.
iii. These Tana'im only argue whether or not we may
rely on Bereirah (to say that the produce each
partner takes really was his share), but all
obligate produce owned jointly with a Nochri.
(c) Answer #2: R. Ila'i excludes any partnership, with a
Yisrael or with a Nochri, from "Tzoncha."
1. Partnership with a Nochri is excluded because it is
not exclusively "Tzon*cha* (your flock)" -
similarly, partnership with a Yisrael is not
exclusively "Tzoncha (yours, i.e. singular)"!
2. Chachamim exclude only partnership with a Nochri,
for he is exempt from the Mitzvah. (They hold that
"Tzoncha" applies also to jointly owned flock.)
3) PARTNERS ARE LIABLE EVERYWHERE ELSE
(a) (Rava): In the following cases, one might have thought
that R. Ila'i exempts partners (Yisraelim) - really, he
admits that they are liable.
(b) One might have thought that partners [in a field] need
not take Terumah, because it says "Degan*cha*" - not of
partners;
1. "Terumoseichem" obligates partners.
2. Question: What do we learn from "Degancha"?
3. Answer: "Degancha" excludes partnership with a
Nochri.
(c) One might have thought that partners [in a dough] need
not take Chalah, because it is called Reishis, just like
Reishis ha'Gez;
1. "Arisoseichem" obligates partners.
2. Question: Even without "Arisoseichem," why would we
learn from Reishis ha'Gez to exempt, we should learn
from Terumah to obligate! (When there are two ways
to learn, we adopt the stringent way.)
3. Answer: Indeed, they are liable even without
"Arisoseichem";
i. "Arisosechem" teaches that the quantity of
flour that is liable is the daily allotment of
Man in the Midbar (the volume of 43 and a fifth
eggs).
(d) One might have thought that partners [in a field] need
not leave Pe'ah, because it says "Sad*cha*" - not of
partners;
1. "uv'Kutzrechem" obligates partners.
2. Question: What do we learn from "Sadcha"?
3. Answer: It excludes partnership with a Nochri.
(e) One might have thought that the Bechor of a jointly owned
mother has no Kedushah, because it says "bi'Vekar*cha*
uv'Tzon*cha*" - not of partners;
1. "u'Vechoros Bekarchem v'Tzonchem" teaches that it is
Kodesh.
2. Question: What do we learn from "bi'Vekarcha
uv'Tzoncha"?
3. Answer: It excludes partnership with a Nochri.
(f) One might have thought that partners [in a house] need
not affix a Mezuzah, because it says "Beise*cha*" - not
of partners;
1. "Lema'an Yirbu Yemeichem" teaches that partners are
liable.
2. Question: What do we learn from "Beisecha"?
3. Answer (Rava): "Beisecha" teaches that a Mezuzah is
placed on the right doorpost ("Bi'asecha," the way
one enters a house, right foot first).
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