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Nidah 40
1) [line 1] YOTZEI DOFEN
An child or animal born by a Cesarian birth is called a Yotzei Dofen (lit.
it went out through the wall [of the abdomen]). Certain Halachos are
associated with the Yotzei Dofen:
(a)There is a Machlokes between Tana Kama and Rebbi Shimon as to whether a
Yotzei Dofen causes its mother to have Yemei Tum'ah and Yemei Taharah after
its birth. Tana Kama holds that it does not. Rebbi Shimon rules that a
Yotzei Dofen has the Din of a normal child with this respect.
(b) A firstborn Yotzei Dofen does not have a Din of a Bechor. A child will
not require a Pidyon ha'Ben, and an animal will not be offered as the
Bechor sacrifice. The next child or animal born to its mother is also not
considered a Bechor, since it is exempted *by the Yotzei Dofen* from the
Din of Bechor. There is no Machlokes in this Halachah.
(c) If a person is Makdish a Yotzei Dofen or if a Yotzei Dofen is born to
an animal of Kodshim, it does not get Kedushas ha'Guf (its body is not
holy). It is similar to other animals which had a defect before they were
sanctified. Their value is given to Hekdesh and the animal becomes Chulin.
There is no Machlokes in this Halachah, either.
2) [line 4] BA'BAYIS HA'CHITZON - in the vagina
3) [line 7] SHE'NIZDA'AZE'U EIVARAV - he felt the movement of Shichvas Zera
4) [line 13] K'EIN SHE'HIZRI'AH IMO - a disintegrated embryo with no form,
similar to when it was fertilized.
5a) [line 15] TUMTUM - an animal whose genitals are hidden so that we do
not know whether it is a male or female.
A Tumtum is a Safek Zachar, Safek Nekevah.
b) [line 16] ANDROGINUS - hermaphrodite, an animal with both male and
female reproductive organs
There is a Machlokes as to whether an Androginus is a male, female or a new
gender.
6)a) [line 27] LEIDAH SHE'LIFNEI MELOS -the current birth, after which she
is observing Yemei Tumah and Yemei Taharah.
b) LEIDAH SHE'L'ACHAREI MELOS- a birth after the completion of the Yemei
Taharah of the first birth.
7a) [line 40] EM - "mother" is written in the verse of Kodshim and in the
verse of Bechor
b) [line 40] BEHEMAS KODSHIM - an animal of Kodshim and a Bechor are both
Kodshim
c) [line 40] PIGUL - the prohibition of Pigul applies to both an animal of
Kodshim and to a Bechor.
A sacrifice that was slaughtered with the intention of eating it or
offering it after its allotted time becomes disqualified. Such a Korban is
forbidden to be eaten as stated in Vayikra (7:18) "v'Im He'achol Ye'achel
mi'Bsar Zevach Shelamav ba'Yom ha'Shelishi Lo Yeratzeh, ha'Makriv Oso Lo
Yechashev Lo, *Pigul* Yiheyeh, veha'Nefesh ha'Ocheles Mimenu Avonah Yisa."
("[If the person bringing the offering plans] to eat it on the third day,
[the sacrifice] will not be accepted. It is considered *putrid*
(disgusting, rejected) and it will not be counted in his favor. Any person
who eats it will bear his guilt." )
If a person eats Pigul intentionally he is Chayav Kares; if he eats it
unintentionally he must bring a Korban Chatas. (Sefer ha'Chinuch Mitzvah
144)
d) [line 40] NOSAR
If the meat of an animal of Kodshim or of a Bechor remained after the time
that was allotted for it to be eaten, it must be burned, as stated in
Vayikra (19:6,8) "b'Yom Zivchachem Ye'achel umi'Macharas, *v'ha'Nosar* Ad
Yom ha'Shelishi ba'Esh Yisaref. ... v'Ochlav Avono Yisa ... v'Nichresah
ha'Nefesh ha'Hi me'Ameha." If someone eats Nosar intentionally he is Chayav
Kares; unintentionally, he must bring a Korban Chatas. (Sefer ha'Chinuch
Mitzvah 215)
e) [line 41] TAMEI - if an animal of Kodshim or a Bechor become Tamei,
they are forbidden to be eaten, as stated in Vayikra 7:19 "veha'Basar Asher
Yiga b'Chol Tamei Lo Ye'achel." The punishment for eating their flesh
intentionally is Malkos. (Sefer ha'Chinuch #145)
8a) [line 42] PASHUT - an animal of Kodshim and a person are any one of the
offspring (whereas the Bechor is the firstborn)
b) [line 42] ZACHAR - they are *not* only males (whereas a Bechor is only
the first male to be born)
c) [line 42] KADOSH - they are *not* born with intrinsic sanctity (whereas
a Bechor is automatically sanctified upon birth)
d) [line 42] B'MATANAH - they are *not* among the priestly gifts (whereas
a Bechor is given to a Kohen)
40b---------------------------------------40b
9) [line 1] SHE'YATZA DAMAH CHUTZ LA'KELA'IM - its blood went out of the
Azarah (which corresponded to the *curtains* of the Mishkan)
10) [line 2] SHE'IM ALSAH TERED - there are certain sacrifices that are
disqualified to the extent that if they are brought up on the Mizbeach ,
they must be removed
11) [line 5] LAN
Blood of a slaughtered Korban that was not sprinkled on the Mizbe'ach
before sunset becomes disqualified. Nevertheless, if it *was* sprinkled on
the Mizbe'ach after sunset, it is not removed.
12) [line 5] YOTZEI
A Korban Olah that was removed from the boundaries of the Azarah after it
was slaughtered is forbidden to be offered on the Mizbe'ach.
13) [line 6] NOSAR
There is a Lav to leave over any part of a Korban that is meant to be
offered on the Mizbe'ach until the morning, as is learned from the Pasuk
"v'Lo Yalin Chelev Chagi Ad Boker" (Shmos 23:18). This prohibition is
repeated in Shmos 34:25, where it is written "v'Lo Yalin la'Boker Zevach
Chag ha'Pesach." Any Eimurim that are not offered by dawn are Pasul. A
person who transgresses this law does not receive Malkos because it is a
Lav she'Ein Bo Ma'aseh. (SEFER HA'CHINUCH #90; SEFER HA'MITZVOS, LAVIN 116)
14) [line 6] CHUTZ LI'ZMANO (PIGUL)
A sacrifice that was slaughtered with the intention of being eating it or
offering it after its allotted *time* becomes disqualified. Such a Korban
is forbidden to be eaten or offered on the Mizbe'ach.
15) [line 6] CHUTZ LI'MKOMO
A Korban which was slaughtered with the intention eating it or offering it
outside of its designated *area* becomes Pasul, and may not be eaten or
offered on the Mizbe'ach.
16) [line 7] HA'NITANIN L'MA'ALAH SHE'NASNAN L'MATAH
The height of the Mizbe'ach was ten Amos. Halfway up the Mizbe'ach was a
red line that divided between the blood of the Chatas Behemah and Olas
ha'Of which was placed above the red line, and the blood of the other
Korbanos that was placed below the red line.
If the blood that was supposed to be sprinkled above the red line was
sprinkled below the red line (or vice versa), the Korban is Pasul.
Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not
removed.
17a) [line 9] HA'NITANIN BA'CHUTZ SHE'NESANAN BI'FNIM
If the blood that was supposed to sprinkled on the outer Mizbe'ach was
sprinkled on the Mizbe'ach of Ketores in the Heichal, the Korban is Pasul.
Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not
removed.
b) [line 9] HA'NITANIN BI'FNIM SHE'NESANAN BA'CHUTZ
If the blood that was supposed to sprinkled on the Mizbe'ach of Ketores in
the Heichal was sprinkled on the outer Mizbe'ach, the Korban is Pasul.
Nevertheless, if the Korban was brought up on the Mizbe'ach, it was not
removed.
18) [line 13] HA'ROVE'A VEHA'NIRBA - a male animal (Rove'a) or a female
animal (Nirva) that had relations with a human
If two witnesses saw the act, the animal is Asur b'Hana'ah and is stoned by
Beis Din. If only one witness saw it, or if there were no witnesses but the
owner told Beis Din of the incident, the animal is Mutar b'Hana'ah but
unacceptable as a Korban
20) [line 14] MUKTZEH
An animal that has been set aside to be used as an offering for Avodah
Zarah may not be brought as a sacrifice. An action must be done for the
purpose of Avodah Zarah. Mere speech (Hekdesh l'Avodah Zarah) is not
sufficient.
21) [line 14] NE'EVAD
An animal before which a person bows down, worshipping it as an Avodah
Zarah, is disqualified from being brought as a sacrifice. It is not
prohibited for personal use since live animals are not prohibited when
worshiped.
22) [line 14] ESNAN
An animal given to a harlot for her wage may not be brought as a sacrifice
as stated in Devarim 23:19
23) [line 14] MECHIR (MECHIR KELEV)
An animal that had been exchanged for a dog may not be brought as a
sacrifice as stated in the same verse.
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