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1) IS THE LAW AS OUR MISHNAH?

(a) (Rav): Our Mishnah is wrong (regarding the opinion of R. Yosi), because a Beraisa teaches differently.

1. (Beraisa - R. Yosi): An Androginus is a species unto himself; Chachamim did not conclude if he is a male or female.

(b) Objection: Rather, we should rely on the Mishnah, and say that the Beraisa is wrong!
(c) Answer: Since R. Yosi speaks alone (without R. Shimon), we see that he retracted from what he said in the Mishnah.
(d) (Shmuel): The law is not as the Beraisa, because the Mishnah teaches differently.
(e) Objection: Shmuel should say the opposite, the law is as the Beraisa against the Mishnah, since Shmuel is concerned for the opinion of an individual!
(f) Answer: Shmuel is only concerned for the opinion of an individual when this does not uproot a Mishnah.
(g) (Bei Rav): The law is as R. Yosi regarding Androginus and grafting.
(h) (Shmuel): The law is as R. Yosi regarding labor and forbidding (because of Kilayim).

1. Androginus - as we said.

(i) Grafting - (Mishnah): In the year before Shmitah, we do not plant, insert shoots into the ground, or graft 30 days before Rosh Hashanah; if one did, he must uproot it;

1. R. Yehudah says, any grafting which is not absorbed within 3 days will never be absorbed;
2. R. Yosi and R. Shimon say, 2 weeks.

i. (Rav Nachman): The opinion that says 30 days, requires 30 and 30; the opinion that says 3 days, requires 3 and 30; the opinion that says 2 weeks, requires 2 weeks and 30.

(j) (Shmuel): The law is as R. Yosi regarding labor and forbidding (because of Kilayim).

1. Labor - (Mishnah): For how long do we attribute prenatal blood to the birth? R. Meir - 40 or 50 days; R. Yehudah - the month of the birth; R. Yosi and R. Shimon say - no more than 2 weeks.
2. Forbidding - (Mishnah - R. Meir): One who drapes his vine over his neighbor's grain, he forbids it and must pay; R. Shimon and R. Shimon say, a person cannot prohibit what is not his.

(k) Question: How does Shmuel rule by Androginus?
(l) Answer: Shmuel told Rav Anan, we do not rule as the Beraisa, because of the Mishnah.
(m) Question: How does Shmuel rule by grafting?
(n) Answer: Shmuel told Rav Anan as the opinion that says 33 days.
(o) Question: How does Rav rule by labor?

1. This question is unresolved.

(p) Question: How does Rav rule by forbidding?
(q) Answer (Rav Yosef): Rav Huna cited Rav as saying that the law is not as R. Yosi.
(r) Objection (Abaye): Why rely on that - Rav Ada cited Rav as saying that the law is as R. Yosi!
(s) Answer: Our question was according to Bei Rav - and this refers to Rav Huna!

(a) (Mishnah): R. Yehudah says, a Tumtum ...
(b) Question (R. Ami): How will R. Yehudah explain the Tumtum of d'Biri, whose covering was torn and he had 7 children?
(c) Answer: He did not father those children.
(d) (Beraisa - R. Yosi Barebi Yehudah): A Tumtum does not do Chalitzah, lest he be torn and found to be a Seris Chamah.
(e) Question: To imply, every Tumtum that is torn is found to be a male?
(f) Correction: Rather, lest he be torn and found to be a female; and even if he is found to be a male, lest he is found to be a Seris Chamah.
(g) Question: How is this different than R. Yosi?
(h) Answer (Rava): To prohibit other brothers from doing Yibum, and to do Chalitzah when there are no other brothers. (Since R. Yosi says that if he is a male, he is definitely a Seris Chamah, his Chalitzah has no effect).

(a) (Rav Shmuel Bar Yehudah): One is liable to be stoned for relations with an Androginus in both places.
(b) Question (Beraisa - R. Eliezer): One is liable for relations with an Androginus as with a male;

1. This applies to relations with his male organs; with his female genitals, he is exempt.

(c) Answer: Rav rules as the following Tana.

1. (Beraisa - R. Simai): One is liable to be stoned for relations with an Androginus in both places.

(d) Question: What is R. Simai's reason?
(e) Answer (Rava): "And with a male ... as lyings with a woman".

1. An Androginus is the male that has 2 ways of lying.
2. Chachamim say, even though he has 2 ways of lying, the verse says, "With a male"!

(f) Question: What is Chachamim's source forbidding homosexual; relations with a regular man?
(g) Answer: "*And* with a woman".
(h) Question: How do we know that abnormal relations with a woman are considered as relations?
(i) Answer: From "*And* a woman".
(j) (Rav Shizbi): R. Eliezer does not consider an Androginus to be a full male - if you would say so, he would say that an Androginus animal can become a sacrifice!
(k) Question: How do we know that this is not the case?
(l) Answer #1 (Beraisa): The following birds (are invalid to be a sacrifice; if brought as a sacrifice, it is as a bird that was not slaughtered), and one who eats it becomes Tamei and make his clothes Tamei:

1. A bird that had relations with a man;
2. One that was designated (to be offered to idolatry);
3. One that was served (as idolatry);
4. One that was the hire of a harlot;
5. One that was exchanged for a dog;
6. A Tumtum;
7. An Androginus;
8. R. Eliezer says, one who eats a Tumtum or Androginus does not make his clothes Tamei;

i. R. Eliezer says, wherever the Torah says "Male and female" (e.g. by animal sacrifices), this excludes Tumtum and Androginus; this is not said by birds, so Tumtum and Androginus are not excluded.

(m) Answer #2 (Rav Nachman Bar Yitzchak - Beraisa): R. Eliezer says, the following animals do not become sacrifices or make others sacrifices: