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3) PROPERTY FROM WHICH ONE MAY NOT BENEFIT

(a) (Mishnah): a Beheaded calf...
(b) Question: From where do we know this?
(c) Answer (d'Vei R. Yanai): It says "atonement" by it, as by Kodshim (which are forbidden to benefit from).
(d) (Mishnah): Birds used in the Taharah of a Tzaru'a.
(e) Question: From where do we know this?
(f) Answer (Tana d'Vei R. Yishmael): The Torah speaks of Machshirim (things that permit) and atonements brought in the Mikdash, and a Machshir and atonement brought outside;

1. The Machshirim and atonement brought inside (sacrifices that permit one who was Tamei to eat Kodshim; all sacrifices which atone) - there is no distinction (in how they are offered);
2. Also, the Machshiri and atonement brought outside (birds of a Tzaru'a; the beheaded calf) - there is no distinction (both are forbidden).

(g) Question: When do the birds of a Tzaru'a become forbidden?
(h) Answer #1 (R. Yochanan): From when it is slaughtered.
(i) Answer #2 (Reish Lakish): From when they are taken (to be used for a Tzaru'a).

1. R. Yochanan says from when it is slaughtered, for slaughter forbids it.
2. Reish Lakish says from when they are taken - he learns from the beheaded calf.

i. Just as the beheaded calf is forbidden while it is alive, also birds of a Tzaru'a.

3. Question: From where do we know that birds of a Tzaru'a are forbidden while they are alive?
4. (R. Yanai): There is a time when they become forbidden - I forgot it.
5. Answer (Rabanan): From when it is taken down to the valley.
6. Suggestion: Just as the beheaded calf is not forbidden from the time it is taken, we should say the same by birds of a Tzaru'a!
7. Rejection: No - by the beheaded calf, there is a subsequent time for it to become forbidden while alive;

i. By the birds, the Torah doesn't say anything else about them while they are alive - if they are not forbidden from when they are taken, when will they be forbidden?!

(j) Question (R. Yochanan - Beraisa): "You may eat every Tahor bird" - this includes the bird of a Tzaru'a that is sent away;

1. "These you may not eat" - this includes the bird of a Tzaru'a that is slaughtered.
2. If they are forbidden while alive, no other verse is needed to forbid the slaughtered one after slaughter!

(k) Answer: One might have thought, it is as Kodshim, which are forbidden while alive and permitted after slaughter - we hear, this is not so.
(l) Question (Beraisa): If a bird was slaughtered and found to be Treifah - another bird is taken to replace it, it is used with the remaining of the original 2 birds; one may benefit from the Treifah.

1. If the birds are forbidden while alive, the Treifah should still be forbidden!

(m) Answer: The case is, a Treifos was found which surely was there from when the bird was taken (so it was never fit for Taharah of a Tzaru'a).
(n) Question (Beraisa - R. Yakov): If a bird was slaughtered without the required wood and thread - since it was set aside for the Mitzvah, it is forbidden;

1. R. Shimon says, since the slaughter was not as required, it is permitted.
2. They only argue whether an improper slaughter is considered slaughter or not - but all agree, it is not forbidden while alive!

(o) Answer: Indeed, they hold as R. Yochanan; Reish Lakish holds as the following Tana.

1. (Tana d'Vei R. Yishmael): The Torah speaks of Machshirim and atonements brought in the Mikdash, and a Machshir and atonement brought outside;
2. The Machshirim and atonement brought inside - there is no distinction between them;
3. Also, the Machshiri and atonement brought outside (birds of a Tzaru'a; the beheaded calf) - there is no distinction (both are forbidden while alive).

(a) (Beraisa): "You may eat every Tahor bird" - this includes the bird of a Tzaru'a that is sent away; "These you may not eat" - this includes the bird of a Tzaru'a that is slaughtered.
(b) Question: Why not say that the first verse permits the bird that is slaughtered, the second forbids the one that is slaughtered!
(c) Answer #1 (R. Yochanan): We never find that living beings are forbidden.

1. Question (Rav Shmuel bar Rav Yitzchak): An animal set aside for idolatry, or one that was worshipped - they are forbidden while alive!

2. Answer: They are forbidden to be used as sacrifices; R. Yochanan meant, living beings are never forbidden to people.
3. Question (R. Yirmeyah): An animal that had relations with a human (and was sentenced to be stoned) - it is forbidden while alive!

(d) Correction: Rather, usually, living beings are not forbidden (so it is more reasonable to say that the slaughtered bird is forbidden).
(e) Answer #2 (Tana d'Vei R. Yishmael): "He will send it towards the field" - the bird is equated to a field.

1. Just as a field is permitted, also the sent bird.
2. Question: That verse teaches something else!

i. (Beraisa): "(He will send it towards the) field" - he may not stand in Yafo and send it towards the wilderness, - he may not stand outside the city and send it towards the city;
ii. Rather, he stands inside the city and throws it outside the city.

3. Answer: R. Yishmael holds, the letter Hei ("The field") is extra to also teach that the sent bird is permitted.

(f) Answer #3 (Rava): If the sent bird was forbidden, this would be a stumbling block for someone that will find the bird, unaware that it was used for a Tzaru'a - it is unreasonable that the Torah would do this.

(a) (Mishnah): Hair of a Nazir.
(b) Question: From where do we know that this is forbidden?
(c) Answer: "He will be Kodesh, he will grow the hair of his head" - his growth (of hair) will be Kodesh.
(d) Question: Just as if Hekdesh is exchanged for money (or something worth money), the Kedushah transfers to the money and the Hekdesh becomes permitted - this should also apply to the hair of a Nazir!
(e) Answer: We read, his hair will be Kadosh (sanctified), not Kodesh (as Hekdesh).
(f) (Mishnah): A firstborn donkey.
(g) Suggestion: The Mishnah is not as R. Shimon.

1. (Beraisa - R. Yehudah): One may not benefit from a firstborn donkey; R. Shimon permits this.

(h) Rejection (Rav Nachman): All agree, after breaking its neck, it is forbidden to benefit from it. (i) (Mishnah): Meat (cooked with) milk.
(j) Question: From where do we know that it is forbidden to benefit from this?
(k) Answer (Tana d'Vei R. Yishmael): It says 3 times, "You will not cook a kid in its mother's milk" - this forbids eating the mixture, benefiting from it, and cooking it.
(l) Our Mishnah is not as the following Tana.

1. (Beraisa - R. Shimon ben Yehudah): It is forbidden to eat meat cooked with milk, but one may benefit from it;

i. It says "You are a holy nation to Hash-m" by meat and milk, and also by Treifah meat;
ii. Just as one may not eat a Treifah, but may benefit from it (the Torah allows giving it to dogs), also by meat and milk.

(a) (Mishnah): Chulin slaughtered in the Mikdash.
(b) Question: From where do we know this is forbidden?
(c) Answer #1 (R. Yochanan): The Torah told us to slaughter Hash-m's animals (sacrifices) in his dwelling, and our animals (Chulin) in our dwellings;

1. Just as if one slaughters (one of) His animals in our dwellings, it is forbidden - also if one slaughters our animals in His dwelling.
2. Suggestion: Just as one who slaughters His animals in our dwellings is Chayav Kares - also one who slaughters our animals in His dwellings!
3. Rejection: "He did not bring to the Mikdash...a sacrifice...he will be cut off" - Kares comes for a sacrifice, not for Chulin slaughtered in the Mikdash.

(d) Objection: Since there is a stringency of Kodshim slaughtered outside (Kares) that does not apply to Chulin slaughtered in the Mikdash, we cannot learn that Chulin in the Mikdash are forbidden to benefit from!
(e) Answer #2 (Abaye): We learn from the repetition "He will slaughter, "He will slaughter it", "He will slaughter it".

1. "When you will be far from Hash-m's chosen place (and you will slaughter your animals)" - you may only slaughter (your animals) far from the Mikdash, not in the Mikdash.
2. Question: This only teaches regarding unblemished animals, which are fitting for sacrifices;

i. How do we know that even blemished animals may not be slaughtered in the Mikdash?

3. Answer: They are also forbidden, for they are the same species as animals fitting for sacrifices.
4. Question: How do we know that Chayos may not be slaughtered in the Mikdash?
5. Answer: They are also forbidden, for the Torah explicitly said that they require slaughter as Behemos.
6. Question: How do we know that birds may not be slaughtered in the Mikdash?
7. Answer: "He will slaughter", "He will slaughter it", He will slaughter it" (to forbid slaughtering Chayos and birds in the Mikdash, and to forbid eating Chulin slaughtered in the Mikdash).
8. Suggestion: Perhaps it is forbidden to slaughter, but if one slaughtered, one may eat it.
9. Rejection: "When you will be far from Hash-m's chosen place, and you will slaughter and eat" - you may only eat what slaughter far from the Mikdash, not what you slaughter in the Mikdash.
10. Question: This only teaches (that one may not eat) unblemished animals (slaughtered in the Mikdash), which are fitting for sacrifices;

i. How do we know regarding blemished animals?

11. Answer: The same applies to them, for they are the same species as animals fitting for sacrifices.
12. Question: How do we know regarding Chayos?
13. Answer: The Torah explicitly says that they require slaughter as Behemos.
14. Question: How do we now that birds may not be slaughtered in the Mikdash?
15. Answer: "He will slaughter", "He will slaughter it", He will slaughter it" (since it is forbidden to slaughter Chayos and birds in the Mikdash just as Behemos, it is likewise forbidden to eat them if they were slaughtered in the Mikdash).
16. Suggestion: Perhaps it is forbidden to slaughter, but if one slaughtered, he may throw them to dogs.
17. Rejection: "You will cast it (a Treifah) to the dogs" - not Chulin slaughtered in the Mikdash.

(f) Question (Mar Yehudah - Beraisa - R. Shimon): A man was Mekadesh a woman with a firstborn donkey, with meat cooked with milk, or Chulin slaughtered in the Mikdash - she is Mekudeshes;

1. Chachamim say, she is not Mekudeshes.
2. Inference: R. Shimon holds that Chulin slaughtered in the Mikdash are only forbidden mid'Rabanan.
3. Contradiction (Mishnah - R. Shimon): Chulin slaughtered in the Mikdash must be burned; also, a Chayah slaughtered in the Mikdash.

(g) Rav Yosef and Rav Shmuel brei d'Rabah bar Rav Huna could not answer.
(h) Answer (Rabah): R. Shimon says that she is Mekudeshes with Chulin slaughtered in the Mikdash, when they were found to be Treifos.

1. This is consistent with R. Shimon's opinion that slaughter that does not permit the meat is not considered slaughter.
2. (Beraisa - R. Shimon): One who slaughters a Treifah (or after slaughtering, finds that it is a Treifah) - if it is Chulin slaughtered in the Mikdash, it is permitted to benefit from it;

i. Chachamim say, one may not benefit from it.