Daf 40 — Bechoros 40 Summary

Bechoros 40 – Good Morning Raboisai A Mum in the Protective Pouch The Mishnah begins with further physical Mumim. A male animal has a protective pouch around the Zachrus. If that pouch is damaged: It can be a Mum. Rav Elazar explains an unusual distinction: If the pouch is punctured or damaged, it is a Mum. If the entire pouch is removed, it is not necessarily a Mum, because it can grow back. The Halachah looks at the animal’s condition now. Even though surgery might remove or repair the damaged area, at present it has a Mum. The Zachrus Itself Is Different The actual Zachrus has the opposite principle. A small hole can heal: Therefore it is not necessarily a permanent Mum. But if the entire organ is removed: That is certainly a Mum. So we distinguish carefully between damage to the protective pouch and damage to the organ itself. Mumim of the Tail A Damaged Tail Bone The Mishnah discusses several defects of the tail. If a piece of one of the actual tail bones is missing: It is a Mum. But if the defect is merely at the joint between the bones: It does not have the same status. The actual bone must be affected. The End of the Tail Is Exposed Another Mum is where: The end of the tail is peeled away and the bone is exposed. Even though the bone itself may not be broken: The exposed end is considered a significant Mum. A Thumb - Width Gap The Gemara discusses a gap in the tail where there is no bone for the width of an Etzba. Which finger is an Etzba? Here it means the thumb. This is important because fingers differ significantly in width. What Does “Etzba” Mean? Four Thumbs to a Tefach The Gemara explains the measurement. A Tefach can be expressed as: Four thumb - widths. The Daf compares this to the measurements used for Tzitzis and other Halachos. So when our Mishnah requires an Etzba: We measure using the thumb. The Measuring Sticks in the Beis Hamikdash The Gemara discusses special measuring rods used in the Beis Hamikdash. They were slightly larger than the standard Amah. Why? To ensure that craftsmen did not accidentally provide the Beis Hamikdash with less material than they had been paid to provide. One measurement was slightly larger, while another was larger still. Building vs. Gold and Silver Different measurements were used for different work. For ordinary construction: A somewhat larger measurement could be used. For expensive materials such as gold and silver: The extra allowance was smaller. The purpose was to protect Hekdesh from loss without imposing an unreasonable additional amount on the craftsman. Missing Beitzim One or Both Missing The Mishnah discusses an animal where: Both Beitzim appear to be missing, or: Only one is present. This leads to a Machlokes over whether the missing organ is truly absent or merely hidden inside the animal. Two Pouches – What Does That Prove? One opinion says: If there are two normal pouches, we assume there are two Beitzim. Even if one cannot currently be seen or felt: The presence of the two pouches itself is evidence that both are there. If there is only one pouch: That can indicate a Mum. Rebbi Akiva – Examine the Animal Rebbi Akiva does not rely simply on assumptions. Instead: The animal should be examined. It is placed in the appropriate position and the area is manipulated to see whether the hidden Beitzah emerges. If it appears: We know it was there. If it cannot be found: That affects whether the animal is treated as a Baal Mum. They Shechted – and Then Found It A case occurred where the examination was performed and the missing Beitzah could not be found. The animal was therefore Shechted. After Shechitah: They discovered the Beitzah hidden internally in an unusual location. Now the question became: Was this genuinely a Mum or not? Rebbi Akiva and Rebbi Yochanan ben Nuri Rebbi Akiva considered the abnormal location: A Mum. Rebbi Yochanan ben Nuri disagreed. According to him: The fact that the organ was actually present meant the animal should not have been treated as a Baal Mum. This created a serious practical issue because the animal had already been Shechted. “How Long Will You Waste the Money of Yisrael?” A sharp exchange followed. The issue was not simply whether the meat was a regular Treifah or Neveilah. The real question was: Was this Kodshim that had been improperly Shechted outside the Beis Hamikdash? One opinion permitted the animal because it had a Mum. The other considered it unblemished Kodshim. The dispute therefore had major consequences for the entire animal. Extra or Abnormal Legs Five Legs or Only Three The Mishnah lists: An animal with five legs. An animal with only three legs. These abnormalities can constitute a Mum. But the Gemara distinguishes between the front and rear legs. An Extra Rear Leg Can Be a Treifah An extra front leg can be treated as a Mum. But an extra rear leg can be much more serious: It can render the animal a Treifah. The principle is: כל יתר כנטול דמי An extra organ can be treated Halachically as though the corresponding normal organ were missing. If that missing organ would make the animal a Treifah: The extra one can produce the same result. A Hoof Like a Donkey A Round Hoof A kosher animal normally has the proper shape of a split hoof. What if the hoof is round like that of a donkey? It is a Mum. Importantly, it can still be a Mum even if there is technically a split. The abnormal round shape itself is sufficient. Dislocated or Uneven Limbs The Mishnah discusses further abnormalities: A thigh bone that has come out of its socket. One thigh positioned higher than the other. One limb longer than its counterpart. These significant structural abnormalities can qualify as Mumim. A Broken Bone A Break That Can Be Recognised If a bone is broken: It can qualify as a Mum even when the actual break itself is not directly visible. If the animal’s appearance or movement makes the defect recognisable: That can be sufficient. The requirement is not necessarily that one literally sees the broken bone. An Eye Like a Human Eye An Abnormally Shaped Eye The Mishnah lists another unusual Mum: An animal whose eye resembles a human eye. The Gemara clarifies that the issue is not simply the pupil. Rather: The abnormal shape of the eye or its surrounding structure is what creates the Mum. A Comparison to Human Birth The Gemara brings a seemingly unrelated Mishnah. If a woman gives birth or miscarries something resembling an animal, Chayah or bird: Rebbi Meir discusses whether the laws of childbirth apply. This comparison helps clarify which features make the face or eye resemble a human being. Male, Female or Uncertain The Daf briefly discusses the different periods following the birth of a male and female. Where the sex cannot be determined: We must take the stricter possibilities into account. This discussion is brought to clarify the physical resemblance between human and animal forms. A Mouth Like a Pig The Protruding Upper Lip Another Mum is: An animal whose mouth resembles that of a pig. The Gemara explains that the key feature is the protrusion of the upper lip. Even if the surrounding shape is otherwise normal: Significant protrusion itself can create the Mum. A Damaged Tongue Which Part of the Tongue? The Mishnah discusses a tongue that has been damaged or shortened. The relevant part is: The free - moving portion of the tongue. Not the entire organ extending back into the mouth. A significant loss of the functional, moving part can constitute a Mum. Overbite and Underbite When the Jaws Do Not Align The Mishnah brings a case where: The lower part of the mouth protrudes beyond the upper part. The Gemara compares this with the opposite condition. When the abnormality involves the actual bone structure: It is a genuine Mum. A minor swelling or unusual appearance of the lips alone does not necessarily qualify. Human Mumim The Daf notes that these abnormalities are also relevant to Mumim of a Kohen. A Kohen must have the normal physical form expected of descendants of Aharon. Therefore: Significant abnormalities in the jaw structure can disqualify a Kohen from the Avodah. Again, the significant issue is an abnormality involving the bone, not merely temporary swelling. Double Ears Two Ears on One Side? The Mishnah discusses an animal that appears to have a double ear. If the extra ear structure shares: The same cartilage, it is considered a Mum. But if it is merely: An extra piece of skin, it does not necessarily qualify as a Mum. The internal structure determines whether this is a genuine abnormal ear. A Goat’s Tail Like a Pig’s What Is Wrong With the Tail? The Mishnah describes a goat whose tail resembles that of a pig. This does not simply mean: The tail is short. Rather: The tail has an abnormal rounded shape. A normal tail for that species has a different form. The abnormal shape is the Mum. The Number of Vertebrae The Gemara then discusses how many vertebrae the tail must contain. Rav Huna gives a Shiur involving the number of vertebrae. But: A Beraisa appears to contradict his number. The Gemara ultimately remains with a difficulty on Rav Huna. Why Did Rav Huna Make the Mistake? The Gemara explains what led Rav Huna to his conclusion. He understood the wording of the Mishnah as though: The later statement about the number of vertebrae was continuing to discuss the goat. But the Mishnah had shifted to: A sheep. This explains how Rav Huna arrived at his interpretation, even though the Beraisa presents a strong question against it. Key Chazarah • Damage to the protective pouch around the Zachrus can be a Mum. • A punctured pouch can be a Mum even though removing the entire pouch may not be, because it can grow back. • The actual Zachrus follows different rules: a small hole may heal, while complete removal is a Mum. • Damage to an actual tail bone is a Mum; damage merely at the joint is different. • An exposed end of the tail can also qualify as a Mum. • The Etzba used for the tail measurement means a thumb - width. • Four thumb - widths equal a Tefach. • The Beis Hamikdash used slightly enlarged measuring rods to protect Hekdesh from receiving less than was due. • The Gemara discusses animals in which one or both Beitzim appear to be missing. • Two normal pouches can indicate that both Beitzim are present even if one is hidden. • Rebbi Akiva requires an examination rather than relying entirely on assumptions. • A case occurred where the hidden Beitzah was discovered only after Shechitah. • Rebbi Akiva and Rebbi Yochanan ben Nuri disagreed whether its abnormal internal location constituted a Mum. • An animal with five or three legs can have a Mum. • An extra rear leg may even create a Treifah because Kol Yoser K’Natul Dami. • A round hoof resembling a donkey’s hoof is a Mum even if it has a split. • Dislocated, uneven or abnormally long limbs can qualify as Mumim. • A broken bone can qualify when the defect is recognisable even if the break itself cannot be directly seen. • An abnormally human - like eye structure can be a Mum. • A protruding mouth resembling that of a pig can be a Mum. • Damage to the free - moving portion of the tongue can qualify. • Significant overbite or underbite involving the bone structure can be a Mum. • A double ear with abnormal cartilage can be a Mum; extra skin alone is different. • A goat’s tail resembling a pig’s refers to its abnormal rounded shape, not simply its length. • The Daf concludes with a discussion about the required number of vertebrae in the tail and a difficulty on Rav Huna. 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