Daf 41 — Bechoros 41 Summary

Bechoros 41 – Good Morning Raboisai More Mumim of a Bechor The Mishnah continues listing blemishes that allow a Bechor to be Shechted outside the Beis Hamikdash. These include: A significant wart in the eye. A piece of bone missing. A dislocated jaw. One eye noticeably larger or smaller than the other. The difference does not require precise measurement: If the abnormality is clearly visible to the eye, it can be a Mum. One Beitzah Larger Than the Other The Mishnah also discusses an animal where one Beitzah is much larger than the other. One opinion considers a major difference: A Mum. The Chachamim disagree. The Gemara discusses how much difference is considered significant, with one opinion allowing a relatively small variation. Normal minor asymmetry is not automatically a Mum. The Wart – Mum or Not? A Contradiction About Yabeles Our Mishnah says: A wart can be a Mum. But the next Mishnah lists Yabeles among conditions which are not full Mumim. These defects create an intermediate status: The animal cannot be offered in the Beis Hamikdash. But: The defect is not sufficient to permit Shechitah of a Bechor outside. How can the two Mishnayos be reconciled? The Torah Itself Lists Yabeles The Gemara points out that Yabeles appears explicitly among the Torah’s Mumim. So clearly: There is a type of wart which is a genuine Mum. The Gemara first considers whether the difference depends on where the wart appears, but ultimately develops a more precise distinction. Black of the Eye vs White of the Eye The location in the eye matters. If the wart affects the important visual area: It can be a genuine Mum. If it is on the white of the eye: It may only disqualify the animal from being offered, without being sufficient to permit the Bechor. The Gemara also discusses whether the wart contains hair or bone. Not every Yabeles has the same Halachic status. A Tail That Is Too Short How Far Must the Tail Reach? The Mishnah discusses an animal whose tail is unusually short. The tail should reach: The appropriate joint of the hind leg. If it does not reach that point: It can be a Mum. The Gemara clarifies exactly which joint the Mishnah means. Calves Grow A young calf naturally has a shorter tail. As the animal grows: The tail becomes longer. Therefore, we judge the animal according to what is normal for its age and species. The relevant joint is the upper/middle joint discussed by the Gemara, rather than simply the most obvious lower knee - like joint. All These Mumim Also Work for Pidyon Why Repeat “Al Eilu Mumin”? The Mishnah repeats the phrase: אלו מומין even though the Perek began with the same words. Why repeat it? To teach that all the Mumim discussed in the Perek can also allow other Kodshim to be redeemed. A Bechor with one of these Mumim may be Shechted outside. Other Kodshim: Can be redeemed onto money because of these Mumim. The Individual Opinions Are Accepted During the Perek, several individual Chachamim added particular Mumim. The Mishnah teaches that: These opinions are accepted as Halachah. Even though some were stated by individual Tannaim: Their listed Mumim are included among those recognised for this purpose. Defects That Are Not Full Mumim Neither in the Mikdash Nor Outside The new Mishnah introduces a middle category. These animals cannot be Shechted: In the Mikdash as Korbanos. But they also cannot be Shechted: Outside as Baalei Mumim. Why? Because the defect is significant enough to make the animal inappropriate for the Mizbeach: But not a permanent Torah - level Mum permitting it outside. Temporary Eye Conditions Examples include: Chavarvar – white specks in the eye. Mayim that are not yet established as permanent. We learned previously that these conditions must be tested. If they can still heal: They are not Mumim Kevuim. Therefore, they can disqualify the animal temporarily without permitting it outside. Inner Gums and Other Defects The Mishnah also includes: Damage to the inner gums where the teeth have not been completely uprooted. Certain boils and skin conditions. Certain types of Yabeles. These are abnormalities: But they do not necessarily qualify as permanent Mumim. Garav and Chazazes The Torah Calls Garav a Mum The Gemara asks: How can the Mishnah treat Garav as merely a disqualification? The Torah itself lists Garav among the Mumim! The answer depends on the type of skin condition. A moist condition can heal and is therefore not a permanent Mum. A dry, severe condition can qualify as a genuine Mum. Different Types of Skin Disease The Daf distinguishes between several conditions. Some are: Dry internally and externally. Others: Dry internally but moist externally. Others remain: Moist and potentially curable. The Torah - level Mum is the severe permanent condition. The Mishnah’s lesser disqualification refers to: A condition which may still heal. Old, Sick, Shaking and Foul - Smelling Animals Not Every Disqualification Is a Mum The Mishnah lists animals that are: Old. Sick. Shaking or physically weakened. Foul - smelling. These animals should not be brought as Korbanos. But: These conditions are not necessarily Mumim. The Gemara derives that an acceptable Korban must be fit and appropriate, excluding these animals. Why Must Each One Be Taught? The Gemara explains why we cannot derive all these cases from one another. An old animal: May never return to its youthful condition, but old age is a normal process. A sick animal: Is in an abnormal condition, but may recover. A foul - smelling animal: May be physically strong despite being inappropriate for the Mizbeach. Therefore: Each exclusion teaches something different. Animals Connected With Aveirah Ne’evad, Muktzah and an Animal That Killed The Mishnah also includes animals connected with prohibited activity. Among them: Ne’evad – an animal used for an Aveirah. Muktzah – one designated for such use. An animal that killed a person. These animals are excluded from being offered as Korbanos. Why Isn’t the Animal That Killed Put to Death? Normally, an animal proven to have killed a person can be sentenced to death. Here, however, the case can involve: Only one witness. Or: The owner himself admitting what happened. There is therefore insufficient testimony to execute the animal. Nevertheless: It remains unfit to be brought as a Korban. Tumtum and Androgynous What Is a Tumtum? A Tumtum is an animal whose gender cannot be determined externally. Its reproductive organs are covered: We cannot establish whether it is male or female. This creates a problem for Bechor. If it is female: It is not a Bechor. If it is male: It may have Kedushas Bechor. Therefore, it cannot simply be treated as an ordinary animal. What Is an Androgynous? An Androgynous has both male and female characteristics. There is a major Machlokes how to understand its status. One approach considers it: A male with an extraordinary Mum. Another approach treats it as: A unique category – a Briah Bifnei Atzmah – rather than an ordinary male or female. This distinction has major consequences for Bechor. Rebbi Yishmael – A Male With a Mum? The Gemara examines Rebbi Yishmael’s position. If an Androgynous is definitely considered male: It can have Kedushas Bechor. Its additional female characteristic would then constitute: A major visible Mum. It would still belong to the Kohen, because a Baal Mum Bechor remains the Kohen’s property. A Nafka Mina for Gizah Va’Avodah Whether the animal is definitely male or merely a Safek has another consequence. A definite Bechor is prohibited in: Shearing. Working the animal. If it is definitely a male Bechor: Violating these prohibitions can have the full Halachic consequences. If its status is merely doubtful: The consequences are different because we cannot punish on a Safek. Is Androgynous a Safek or a Separate Creation? The Torah Does Not Resolve Our Doubts The Gemara brings Pesukim concerning an Olah, which must be: Zachar – male. The Torah separately excludes other categories. The Gemara makes an important point: The Torah is not simply giving instructions because we personally do not know whether an animal is male or female. The Torah describes objective Halachic categories. Therefore, according to the Rabbanan: Tumtum and Androgynous can be treated as distinct Halachic categories rather than merely cases of doubt. Why Are Extra Pesukim Needed? The Gemara asks: If the Torah already says that an Olah must be a Zachar: Why are additional exclusions necessary? The Daf compares this with Bechor, where the Torah also uses repeated expressions concerning a male. The extra Pesukim help establish: That Tumtum and Androgynous have their own Halachic status and are not merely ordinary females excluded by the word Zachar. Key Chazarah • A visible wart in the eye can qualify as a Mum. • A missing piece of bone or dislocated jaw can also be a Mum. • One eye noticeably larger or smaller than the other can qualify when the difference is obvious without measuring. • Normal minor asymmetry is not automatically a Mum. • There are different types of Yabeles; some are genuine Mumim while others merely disqualify the animal from the Mizbeach. • A wart affecting the important part of the eye is more serious than one on the white. • A tail that is abnormally short and does not reach the required leg joint can be a Mum. • The tail is judged according to what is normal for the animal’s age and species. • The Mumim taught throughout the Perek can also permit Pidyon of other Kodshim. • The accepted Mumim include those added by individual Tannaim during the Perek. • Some defects prevent an animal being brought in the Mikdash but are not sufficient to permit Shechitah outside. • Temporary Chavarvar and watery - eye conditions fall into this intermediate category until they are established as permanent. • Certain defects of the inner gums, boils and skin conditions are also only Pesulim rather than full Mumim. • A severe, dry Garav can be a permanent Mum, while a moist curable condition is different. • Old, sick, weakened and foul - smelling animals are inappropriate for the Mizbeach even though they do not necessarily have Mumim. • Each of these exclusions is needed because each has a different reason it might otherwise have been considered acceptable. • An animal used for Aveirah, designated for prohibited use, or known to have killed a person can be disqualified from being a Korban. • Where an animal killed someone but there is only one witness or the owner’s admission, it is not executed, yet it can still be unfit for the Mizbeach. • A Tumtum has its gender hidden and cannot be clearly identified as male or female. • An Androgynous has both male and female characteristics. • Rebbi Yishmael’s position may view an Androgynous as a male with a significant Mum. • The Rabbanan can view Tumtum and Androgynous as a Briah Bifnei Atzmah – a distinct Halachic category. • This affects Kedushas Bechor, giving the animal to a Kohen, and the prohibitions of Gizah Va’Avodah. • The repeated Pesukim concerning Zachar help define these categories rather than merely resolving a human uncertainty. 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