Daf 39 — Bechoros 39 Summary

Bechoros 39 – Good Morning Raboisai Testing Chavarvar and Watery Eyes The Mishnah discussed Chavarvar – white specks in the eye – and Mayim Kevuim, persistent watering that affects the animal’s vision. Before declaring this a permanent Mum: The animal must undergo the prescribed treatment. If the treatment works, it was only a temporary condition. If it does not work: We can establish that it is a Mum Kavua. How Long Is the Treatment? The Tannaim disagree about the testing period. One opinion gives: 40 days. Rebbi Yehudah gives: 80 days. The Mishnah follows the opinion requiring the longer testing period. Moist First, Then Dry The treatment must be administered correctly. The animal is first fed: Lach – moist fodder. And afterward: Yavesh – dry fodder. If the order is reversed: The failed treatment does not prove that the animal has a permanent Mum. The medicine was simply not administered properly. Rain - Watered Produce The Gemara discusses whether the fodder grew from: Natural rain, or: Man - made irrigation. The effective treatment described by the Mishnah requires the proper type of produce. If the wrong produce is used: Failure to heal cannot establish a Mum Kavua. Ten Questions About the Treatment Exactly How Is the Medicine Given? The Gemara raises a remarkable series of detailed questions. It asks: • How much fodder is given? • Is it given once or repeatedly? • Before eating or afterward? • Before drinking or afterward? • Is the animal tied or untied? • Is it alone or with another animal? • Is it in a field or in town? • What about a garden near the town? Every detail could potentially affect whether the treatment works. The Dose The Gemara discusses a very small prescribed quantity: Approximately the size of a dried fig. But another question remains: Is that amount given: Only once? Or: Before each feeding throughout the treatment? The Daf leaves a number of these practical details unresolved. Before or After Eating and Drinking? The Gemara asks whether the medicine must be administered: Before the animal eats or afterward. And similarly: Before it drinks or afterward. The possibility is that the treatment is more effective when administered before food or drink. Again, the exact conditions matter before we can conclude that the Mum is permanent. Tied or Free? The Gemara even asks: Must the animal be untied and free to move around? Perhaps an animal that is relaxed and able to roam responds better to treatment. The Daf therefore considers not only the medicine itself: The animal’s physical surroundings and condition may affect whether the treatment succeeds. Alone or With a Companion? Another question: Is the animal alone? Or: Is another animal with it? The Gemara considers whether the animal’s environment and companionship can affect the effectiveness of the treatment. Only after giving the treatment under the proper conditions can its failure prove a permanent Mum. Field, City or Garden? The Gemara also asks where the animal is kept: In an open field? In a city? In a garden near the city? The environment itself may influence the animal’s condition. The broader point is: A Mum cannot be declared permanent until the recognised remedy has genuinely been given a fair opportunity to work. The 80 - Day Examination Checking the Eye The condition is monitored throughout the 80 - day period. The animal is examined at intervals to determine whether the eye condition has changed. The period is divided into stages: Approximately 26½ days, Another 26½ days, And then until day 80. The purpose is to establish that the condition persists. When Did It Become a Mum? A Brilliant Question From Pinchas Pinchas, the brother of Shmuel, asks an important question. Suppose the animal undergoes the entire treatment. After 80 days we discover: The condition cannot be cured. When did the animal halachically become a Baal Mum? Was it: A permanent Mum retroactively from day one? Or: Only from day 80, when its permanence was established? The Nafka Mina – Pidyon and Meilah Suppose the owner redeemed the animal during the testing period. If we later say the Mum existed retroactively: The Pidyon was valid. The money received the Kedushah of the animal. If someone then improperly used that money: There could be Meilah. But if the animal only becomes a Baal Mum from day 80: The earlier Pidyon accomplished nothing. The question therefore has major practical consequences. Shmuel Has No Answer Shmuel does not resolve the question. He is deeply impressed that Pinchas raised such a powerful Shailah. The issue remains unresolved: does the final diagnosis reveal what existed from the beginning, or create the Halachic status only from that point onward? Mumim of the Nose and Lip Defects of the Nose The Mishnah now moves from the eye to the nose. A Mum can include a nose that is: Punctured. Missing a piece. Split. These are visible physical defects and can qualify as Mumim. A Hole Between the Nostrils What if there is a hole connecting the two nostrils? The Halachah depends upon where it is. If the defect is visible externally: It can be a Mum. If it is entirely internal: It is not necessarily considered a Mum. Again, visibility is an important factor. Mumim of the Lip The same types of defects can apply to the lip: A puncture. A missing piece. A split. But the defect must be in the portion that is normally visible. If it is hidden where the lips meet when the mouth is closed: It does not have the same status. Mumim of the Gums Outer and Inner Gums The Mishnah distinguishes between the outer and inner gums. For the outer gums: A notch or missing section can qualify as a Mum. For the inner gums: A more substantial defect is required, such as being uprooted. The deeper and less visible the area: The greater the defect required. The Teyomos – The Molars The Daf discusses the Teyomos, the back molar area. One opinion says: From the Teyomos inward, there is no need to check. The back of the mouth is treated differently because it is less visible. The Gemara develops a three - way Machlokes regarding the status of defects around this area. Three Levels of a Defect The opinions can produce three different levels: A full Mum that permits the animal. A defect serious enough to disqualify the animal from being offered, but not sufficient to permit it through Shechitah as a Baal Mum. A defect that has no significant Halachic status. This distinction becomes important as the Daf turns to hidden defects. A Missing Internal Organ Is an Internal Defect a Mum? The Gemara now asks a fundamental question: What if an animal is missing an internal organ, such as a kidney? There is clearly a physical deficiency. But: It cannot be seen externally. For Bechor and other Kodshim, a Mum generally needs to be an outwardly recognisable defect. So does a missing internal organ count? One Kidney or Two? The Torah refers to: שתי הכליות The two kidneys. This can imply that an animal missing one kidney is deficient. But another expression in the Pesukim can indicate: An animal with one kidney may still be valid. The Gemara explores several ways of reconciling these teachings. Born With One Kidney One possibility is to distinguish between: An animal born naturally with one kidney, and: An animal that originally had two and later lost one. If it was born with one: That may be its natural physical formation and not considered a missing organ. But if it had two and one was removed: There is a genuine Chesaron. Can an Animal Naturally Be Born This Way? The Gemara explores another possibility: Perhaps the entire issue depends upon whether an animal can naturally be born with only one kidney. If such a birth is possible: Having one kidney may not necessarily indicate that anything was removed. If it is impossible: Finding only one kidney means that one must have been lost. The Gemara presents different ways of understanding the dispute. When Must a Korban Remain Tam? A Mum After Shechitah What happens if the animal was perfectly Tam at the time of Shechitah, but a Mum was created immediately afterward? For example: Its ear was punctured after Shechitah but before the remaining Avodos. Is the Korban still valid? The Gemara examines how long the animal must retain its complete, unblemished status. Through Kabbalah and Zerikah The Pesukim regarding Korban Pesach describe it as: Tam, male and within its first year. The Gemara discusses whether these requirements continue through: • Shechitah. • Kabbalah. • Holachah. • Zerikah. The animal’s required status can therefore extend beyond the moment of Shechitah. The Animal’s Birthday This discussion produces another important point. Suppose the animal is within its first year at Shechitah but reaches its birthday before the later Avodos. The exact age can matter at each stage. The Daf therefore indicates that an animal’s age can be calculated precisely: By hours, not merely by calendar days. Hidden Mumim Mum ShebaSeter The Gemara returns to the central question: Does a Mum hidden inside the body count as a Mum? A missing kidney is the classic example. The Daf compares this with defects in the reproductive organs, which may be physically concealed but can sometimes produce visible external changes. Crushed, Detached or Cut The Torah lists several defects, including conditions described as: Crushed. Damaged. Detached. Cut. The Tannaim disagree over whether these defects refer to the reproductive organs and which particular conditions qualify as Mumim. Can the Defect Be Seen From Outside? The Gemara explains that the key issue may not simply be whether the organ itself is hidden. Sometimes an internal injury produces an obvious external sign. For example: The area may shrivel. Something may hang abnormally. If the internal defect visibly changes the animal from the outside: It can be considered a Mum ShebaGalui – an externally apparent Mum. Rebbi Yosi’s Distinction Rebbi Yosi distinguishes between different injuries. One type may effectively leave the organ absent or destroyed: A genuine Mum. Another may leave the organ physically present despite being damaged: It may not have the same status. The exact nature of the Chesaron therefore matters, not merely the fact that something has been injured. Key Chazarah • Chavarvar and persistent watery eyes must be tested before being declared permanent Mumim. • The Mishnah follows the 80 - day testing period. • The treatment requires moist fodder followed by dry fodder. • The correct type of produce and correct order are essential. • The Gemara asks numerous questions about the exact dose and conditions of treatment. • It considers whether the medicine is given before or after eating and drinking. • It even considers whether the animal is tied, free, alone, with a companion, in a field or in town. • A failed treatment proves a Mum Kavua only when the treatment was properly administered. • The eye is examined at intervals throughout the 80 days. • Pinchas asks whether a condition eventually proven permanent is considered a Mum retroactively from day one or only from the final diagnosis. • The Nafka Mina includes whether an earlier Pidyon was valid and whether using the redemption money constitutes Meilah. • Shmuel does not resolve the question. • Mumim of the nose include a puncture, missing piece or split. • A visible hole between the nostrils can qualify, while an entirely internal defect may not. • Similar rules apply to visible defects of the lip. • Outer gum defects require less severe damage than defects deeper inside the mouth. • The Teyomos mark an important boundary regarding which gum defects are significant. • The Daf discusses full Mumim, defects that merely disqualify, and defects with no significant status. • A missing internal organ raises the question of Mum ShebaSeter. • The Torah’s reference to two kidneys leads to a discussion of an animal with only one. • The Gemara considers a distinction between being born with one kidney and losing one later. • A Korban may need to remain Tam beyond Shechitah through later stages of the Avodah. • The animal’s age can be calculated by exact hours. • Hidden injuries may qualify when their effects are externally visible. • The Daf concludes with different Tannaitic opinions regarding crushed, detached or cut reproductive organs and when these defects constitute Mumim. 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