Daf 31 — Bechoros 31 Summary

Bechoros 31 – Good Morning Raboisai A Chaver Dies – What About His Family? We continue the Sugya of Chaverus – people trusted regarding Terumos, Maasros and Taharos. If a Chaver dies, what is the status of: • His wife, • His children, • And the members of his household? The Mishnah says: They retain their Chezkas Chaverus unless we see a reason to suspect otherwise. They have lived this lifestyle and are already accustomed to its standards. From an Am Ha’Aretz to a Chaver What happens when someone who lived in the home of an Am Ha’Aretz moves into the home of a Chaver? Examples include: • The wife of an Am Ha’Aretz who marries a Chaver. • The daughter of an Am Ha’Aretz who marries a Chaver. • The servant of an Am Ha’Aretz who is sold to a Chaver. They require a new Kabbalah of Divrei Chaverus. Their previous lifestyle did not establish the standards required of a Chaver. Chaver → Am Ha’Aretz → Chaver Now consider the reverse. A woman originally lived in the home of a Chaver. She then married an Am Ha’Aretz, and afterwards returned to a Chaver household. One opinion says: She does not need to start the entire process again. She already knows the Halachos and previously lived according to them. But another opinion disagrees. Her period living with an Am Ha’Aretz may have changed her habits, so she requires a new Kabbalah. How Much Can a Spouse Influence You? Rebbi Shimon ben Elazar brings a striking example. A woman was originally married to a Chaver and was so involved in his Torah lifestyle that: She would help him put on his Tefillin. Later she married a tax collector, and she became involved in his work: She would help him tie the seals used in collecting taxes. The lesson of the case is powerful: The person with whom you build your home can have an enormous influence on your way of life. Returning After Leaving Chaverus Can Someone Come Back? Suppose a person once accepted the standards required of: • A Chaver, • A Kohen, • Or a Levi, but then rejected one of those obligations. Later he regrets it and wants to return. Can he? Rebbi Meir takes a strict position: Once he abandoned the system, he is not accepted back. Rebbi Yehudah – Public or Private? Rebbi Yehudah distinguishes between different circumstances. The Gemara discusses two ways to understand whether wrongdoing in public or private is worse. On one hand: Someone who sins privately may at least be ashamed of what he is doing. On the other hand: Perhaps private wrongdoing shows that his public behaviour is fake – he presents himself one way outside but behaves differently when nobody is watching. The Daf discusses both sides of this distinction. Everyone Can Do Teshuvah Rebbi Shimon and Rebbi Yehoshua ben Korchah take the more accepting approach: Whether the person sinned publicly or privately, if he genuinely returns, we accept him. The Halachah follows this approach. A person can do Teshuvah and return. A Tax Collector Who Wants to Return The Gabbai Who Left His Job The Daf discusses a Chaver who became a government tax collector. These collectors were viewed with great suspicion because of the potential for dishonesty and taking more than was owed. Once he took such a position: He lost his Chaver status. But what happens if he resigns? The conclusion is: פירש הרי הוא ככל אדם Once he genuinely leaves that occupation, he can return to ordinary trusted status. Rav Huna bar Chiya and the 800 Talmidim Rav Huna bar Chiya was approached by an enormous group of Talmidim who wanted to ask him their questions. The Daf describes 400 pairs – 800 Talmidim. When they discovered that he had become a tax collector, they withdrew. Later he told them: He had left the position. This led to a disagreement in practice. Rav Yosef was still reluctant to go back. Rabbah did return, relying on the teaching: Once he separates from the position, he is again like everyone else. Can a Person Rule on His Own Property? Your Own Bechor – No A person cannot inspect his own Bechor and decide: “This animal has a valid Mum.” He has a direct financial interest in the outcome. Therefore: Someone else must rule on his Bechor. But He Can Rule for Someone Else Although he cannot rule on his own Bechor: He can inspect another person’s Bechor. The problem is not the subject itself. The problem is: His personal financial interest in his own animal. What If He Is One of Three? The Gemara considers whether there is still concern if he is only one member of a Beis Din of three. Normally, when two other qualified people are involved: We are less concerned that his personal interest will distort the entire ruling. The Daf compares this to other cases where someone with a possible personal interest can participate together with additional Dayanim. A Yachid Mumcheh Is Different The problem becomes sharper where a single expert can issue the ruling himself. A Yachid Mumcheh can sometimes rule without a Beis Din of three. But when it is his own Bechor: He cannot be the sole authority permitting his own animal. Other Areas Where He May Rule for Himself His Own Korban The Daf says a person may deal with the status of his own Korban in circumstances where there is another route available to him. Why is there less concern? Because he could go to a Chacham and have the original Neder addressed. Since he has another legitimate way out, Chazal were less concerned about his bias. His Own Maaser Behemah A person may also determine the status of his own Maaser Behemah. Why aren't we worried that he will manipulate the process? Before the animals become Kadosh as Maaser: He could technically make them Baalei Mum and prevent them from becoming suitable as Korbanos. Since he already has that possibility before Kedushah takes effect, the concern about his ruling afterwards is different. A Bechor is different: It is born with Kedushah. His Own Taharos The Daf also permits a person to rule regarding the Taharah of his own produce. The Gemara explains that there are circumstances in which Tamei produce still has use. Therefore, the financial pressure to falsely declare it Tahor is not necessarily the same as with his own Bechor. Selling Pesulei HaMukdashin A Korban Develops a Mum The Mishnah turns to Pesulei HaMukdashin. An animal was Hekdesh and then developed a Mum. It can be redeemed. The question becomes: How may it be sold and handled? Normally, treating Kodshim like ordinary butcher - shop meat would appear disrespectful. But here there is an important consideration: Who benefits from obtaining the highest possible price? When Hekdesh Benefits For ordinary Pesulei HaMukdashin, a higher selling price ultimately benefits Hekdesh. Therefore, the Mishnah permits practices that ordinarily seem inappropriate for Kodshim: • Selling in the marketplace. • Shechting in a regular meat - selling environment. • Weighing the meat. Why? The better the sale, the greater the value available to Hekdesh. Why Does This Help Hekdesh After Pidyon? The Gemara asks an important question. If the animal has already been redeemed: It now belongs to the person who redeemed it. So how does Hekdesh benefit from its later sale? The answer is that the ability to sell it freely increases: Its value at the time of Pidyon. If everyone knows that after redemption it can be sold normally in the marketplace, the animal is worth more before redemption. Therefore: More money is paid to Hekdesh at the time of Pidyon. Bechor and Maaser Are Different Who Benefits from Their Higher Price? Bechor and Maaser Behemah are different. The increased value does not benefit Hekdesh. With Bechor: The Kohen benefits. With Maaser Behemah: The owner benefits. Therefore, we do not permit the same lack of Kavod merely to increase their selling price. Their Kedushah must still be treated respectfully. Using Meat as a Weight The Daf discusses weighing Bechor meat. Ordinary commercial weighing is inappropriate. But there is a permitted unusual method: Use another piece of meat whose weight is already known as the counterweight. Because this is not the normal commercial method of weighing meat, it avoids the ordinary problem. Can Maaser Behemah Be Sold? Bechor Can Be Sold A Kohen may sell a Bechor under the appropriate circumstances. It cannot be redeemed like ordinary Hekdesh, but: It can be sold. Maaser Behemah is much more restrictive. Maaser Behemah Cannot Normally Be Sold The Torah says regarding Maaser: לא יגאל The Daf explains that Maaser Behemah cannot ordinarily be sold. Even after it has a Mum: It remains subject to this restriction. This creates a difficulty with the Mishnah’s discussion of selling. The Maaser of Orphans Rav Sheshes – We Are Talking About Yesomim Rav Sheshes gives the answer. The case involves: Orphans. Imagine the Yesomim have a large amount of Maaser Behemah meat. There is: • No refrigerator, • No freezer, • And far more meat than they can consume before it spoils. Chazal therefore provided a way to prevent the Yesomim from suffering the loss. Havla’ah – Selling It Together with the Hide The solution is Havla’ah. The meat itself is not openly sold. Instead: The permitted hide is sold at an increased price, with the meat included. For example, the hide itself may be worth very little. But because the Yesomim need to dispose of the meat: The buyer pays an increased price for the hide and receives the meat along with it. This special arrangement protects the Yesomim from loss. Rav Idi and Rav Sheshes Rav Idi Repeats the Torah Without Attribution Rav Idi, the attendant of Rav Sheshes, heard Rav Sheshes's explanation. He later went to the Beis Medrash and repeated the teaching: But did not say it in Rav Sheshes’s name. Rav Sheshes was upset. Why was attribution so important? “Agurah B’Ohalecha Olamim” David HaMelech says: אגורה באהלך עולמים The Gemara asks: How can a person live in both worlds? A person cannot physically remain in this world after his death. The answer: When Torah is repeated in his name after he dies, it is as though he continues living in this world. His Lips Move in the Grave The Daf brings the famous teaching: When Torah is repeated in the name of a person who has passed away: His lips move in the grave. The Pasuk compares this to fine wine which continues to move and bubble. This explains why Rav Sheshes cared that his Torah should be repeated: In his name. Havla’ah and Maaser Behemah The Beraisa of the Yesomim The Daf brings a Beraisa discussing Maaser Behemah belonging to Yesomim. Once the animal is Shechted, they can use Havla’ah by incorporating the meat’s value into permitted items such as: • The hide, • The Cheilev, • The Gidim, • Or the horns. They are not directly selling the Maaser meat. They are charging more for the permitted parts. Havla’ah with Shemittah The Esrog and Lulav The Gemara compares this to a familiar case involving Shemittah. A person buys a Lulav together with an Esrog that has Kedushas Shevi’is. If the seller will not simply give the Esrog as a gift: The price of the Esrog can be absorbed into the price charged for the Lulav. This is another example of Havla’ah. Why Is the Esrog Case Easier? There is an important difference. The L ulav itself can be valuable. Therefore, if the buyer pays a larger amount for the Lulav: It does not necessarily look strange. But if a cheap animal hide is supposedly being sold for an enormous amount merely to include all the valuable meat: The arrangement is much more obvious. The Gemara therefore distinguishes between the different applications of Havla’ah. Key Chazarah • When a Chaver dies, his wife and children retain their Chezkas Chaverus unless there is reason to suspect otherwise. • Someone moving from an Am Ha’Aretz household into a Chaver household requires Kabbalas Chaverus. • There is a Machlokes whether someone who previously lived as a Chaver, then with an Am Ha’Aretz, and later returns must accept Chaverus again. • Rebbi Shimon ben Elazar illustrates how strongly a spouse can influence a person’s lifestyle. • There is a Machlokes whether someone who abandoned Chaverus can later return. • The Halachah follows the view that genuine Teshuvah is accepted. • A tax collector who leaves the profession can return to ordinary trusted status. • Rav Huna bar Chiya’s case demonstrates the practical debate over trusting a former tax collector. • A person cannot rule that his own Bechor has a Mum. • He can rule for others, and the Daf discusses situations where personal interest is reduced or absent. • A person can rule regarding his own Maaser Behemah and Taharos because the financial considerations are different. • Pesulei HaMukdashin may be sold in a way that maximizes their value because Hekdesh ultimately benefits. • Bechor and Maaser are different because the Kohen or owner, rather than Hekdesh, receives the benefit. • Maaser Behemah ordinarily cannot be sold. • Chazal allowed special arrangements for Yesomim who would otherwise lose the Maaser meat. • Havla’ah allows the value of the meat to be absorbed into the sale price of permitted parts such as the hide. • Rav Sheshes was upset when his Torah was repeated without attribution. • Torah repeated in a person’s name after his passing is considered a continuation of his Torah in this world. • The Gemara says that when Torah is repeated in his name, his lips move in the grave. • Havla’ah is also discussed regarding an Esrog of Shemittah together with a Lulav. 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