Ask A Question on the daf

Previous daf

1) INTENTIONAL ME'ILAH

(a) (Mishnah): An animal found (in any direction) outside Yerushalayim, no further than the distance from Yerushalayim to Migdal Eder - if it is a male, it is (treated as) an Olah; if it is a female, it is (treated as) a Shelamim.
(b) Question: A male could also be a Shelamim!
(c) Answer (R. Oshiya): The case is, the finder accepts on himself to bring the sacrifice that the one who lost the animal was supposed to bring;

1. The Mishnah means, if it is a male, we are also concerned that it may be an Olah.
2. The Mishnah is as R. Meir, who says that one can intentionally profane Hekdesh to make it Chulin.

(d) Question: Does intrinsic Hekdesh (something standing to be used in Temple service) really become profaned?!

1. (Mishnah): The only case when someone can transgress Me'ilah repeatedly with the same item is by a sacrifice or service vessels (because they are never profaned as long as they are fitting).
2. If Reuven rode on a sacrifice, then Shimon, then Levi - all transgressed Me'ilah;
3. If they all drank from a gold service vessel - all transgressed Me'ilah.

(e) Answer: That Mishnah is as R. Yehudah; the Mishnah of the lost animal is as R. Meir.

1. Question: But we have no source to say that they argue on this point!
2. R. Yehudah holds that Hekdesh is only profaned unintentionally, but intrinsic Hekdesh is never profaned - R. Meir holds that Hekdesh is profaned intentionally, he should agree that intrinsic Hekdesh is never profaned!
3. Answer: R. Yehudah said that intrinsic Hekdesh is never profaned, because (Me'ilah is only when) there is no intention to profane it;

i. R. Meir holds that Me'ilah applies when there is intention to profane it - this can work even by intrinsic Hekdesh.

4. Question: We only know that R. Meir holds (that Me'ilah applies when there is intention to profane it) by (monetary (non-intrinsic) Hekdesh and) Kodshei Kodashim (because these are totally to Hash-m);

i. We have no source that he says this by Kodshim Kalim (such as a Shelamim)!

5. Answer (R. Yakov): A Kal va'Chomer teaches, all the more so Me'ilah applies (in this case) to Kodshim Kalim!

i. (Rav Chama bar Ukva): R. Meir holds that Me'ilah applies when one intentionally uses Hekdesh, not unintentionally, both by Kodshei Kodashim and by Kodshim Kalim.
ii. A Kal va'Chomer teaches: If Kodshei Kodashim are profaned, all the more so Kodshim Kalim!

(f) Objection (R. Yochanan): Should a person intentionally transgress (to profane the animal) to help the one who lost it?!
(g) (R. Yochanan): Rather, the finder waits until the animal gets a blemish; he brings 2 animals and makes a stipulation.

1. (If the lost animal was an Olah, its Kedushah should transfer to the first animal, and the second animal is a voluntary Shelamim; if the lost animal was a Shelamim, its Kedushah should transfer to the second animal and the first animal is a voluntary Olah.)

(a) (Mishnah): If a male is found, it is an Olah.
(b) Question: Perhaps it is a thanksgiving offering!
(c) Answer: Indeed, one also brings a thanksgiving offering.
(d) Question: But breads must be brought with a thanksgiving offering!
(e) Answer: Indeed, he also brings breads.
(f) Question: Perhaps it is a guilt-offering!
(g) Answer: (Most) guilt-offerings must be 2 years old - the case is, a yearling animal was found.
(h) Question: Perhaps it is a guilt-offering of a Tzaru'a or a (Tamei) Nazir (which may be yearlings)!
(i) Answer: Those are rare, we are not concerned that the animal was one of them.
(j) Question: Perhaps it was a Pesach sacrifice!
(k) Answer: People are careful with the Pesach sacrifice before Pesach (they would not lose it);

1. After Pesach, it becomes a Shelamim (and we are concerned for this)!

(l) Question: Perhaps it is a firstborn animal or Ma'aser Behemah!
(m) Answer: (If so, there is no concept of transferring the Kedushah to another animal) - this only places restrictions on selling the animal after it is blemished (it may not be done in the market, it must not be weighed) - we place these restrictions on the found animal!

(a) (Mishnah): If it is a female, it is (treated as) a Shelamim.
(b) Question: Perhaps it is a thanksgiving offering!
(c) Answer: Indeed, one also brings a thanksgiving offering.
(d) Question: But breads must be brought with a thanksgiving offering!
(e) Answer: Indeed, he also brings breads.
(f) Question: Perhaps it is a sin-offering!
(g) Answer: Sin-offerings are at most 1 year old - the case is, the animal found was at least 2.
(h) Question: Perhaps it is a sin-offering that was not offered within its first year!
(i) Answer: That is rare, we are not concerned for it.
(j) Question: What is the law if a yearling (female) animal is found?
(k) Answer (Beraisa - Chananya ben Chakinoy): A yearling (goat) is brought as a sin-offering.
(l) Objection: We cannot offer it, perhaps it is not a sin-offering!
(m) Correction (Abaye): Its law is as a sin-offering - we put it in the pen, and it dies on its own.