Bechoros 042.Pub

כ"ד אייר תשע“ח Wednesday, May 29 2019 מ“ב בכורות OVERVIEW of the Daf Distinctive INSIGHT 1) Clarifying the dispute (cont.) A bechor which is a tumtum or androgynos אפילו תימא רבנן הואיל ואישתני אישתני -Rava finishes his unsuccessful challenge to R’ Chis da’s assertion that the dispute in the Mishnah is limited ambam writes (Hilchos Isurei Mizbe’ach 3:3) that an to an androgynos. R animal which is a tumtum or androgynos is considered to Numerous other unsuccessful challenges to R’ Chis- be an animal with a blemish. Rambam adds that these da’s position are presented. types of animals are not valid to be brought as offerings due It is suggested that R’ Chisda’s assertion is subject to to a more basic reason, and that is that they are neither a dispute between Tannaim. male nor female, so they are in a category by themselves, a This suggestion is rejected. type proscribed for an offering. Therefore, a bird which is a R’ Yochanan challenges R’ Ilai’s earlier ruling. tumtum or androgynos may also not be brought as an offer- R’ Yochanan’s objection is unsuccessfully challenged. ing, even though blemishes are not a disqualifying factor R’ Ila’i’s opinion is clarified. for birds. Lechem Mishnah points out that once Rambam writes 2) Tumtum that an animal’s very being a tumtum or androgynos de- R’ Oshaya challenges the position about determining fines it as being blemished, Rambam’s ruling in Hilchos whether a tumtum is considered a definite female. Bechoros (2:5) has to be understood. There, Rambam Abaye objects to this challenge. writes that a bechor which is born as a tumtum may be After Abaye bar Avin and R’ Chananya bar Avin de- shechted once it develops a blemish. Why would it be nec- fend the challenge the Gemara answers R’ Oshaya’s chal- essary for this animal to develop an additional blemish if lenge. Rambam already defined the animal as blemished due to its It is suggested that the question of whether some- being a tumtum? thing that has changed from the norm is considered to Lechem Mishnah answers that there is a difference be- have changed in other ways as well is subject to a debate tween a bechor and all other offerings. The general rule of between Tannaim. all offerings is that if an animal is defective or otherwise An alternative explanation of the Baraisa is suggested. undesirable such that it would not be acceptable to be of- The opinion of R’ Yosi the son of R’ Yehudah re- fered to a mortal officer, it is also disqualified from being garding a tumtum is clarified. an offering to God. “Would you offer it to your gover- Rava explains the differences between the views of R’ nor?” (Malachi 1:8) A tumtum and androgynos are in this Yehudah and R’ Yosi the son of R’ Yehudah concerning category. A bird which is a tumtum or androgynos is also a tumtum. disqualified, because although this is not a “complete blemish,” it is a change in the animal which is unacceptable just .as if were missing a limb הדרן עלך על אלו מומין Rambam writes that a bechor may not be eaten unless it becomes blemished with a “complete blemish,” and not just REVIEW and Remember where it is undesirable with a condition of tumtum. This is in the context of an why Rambam rules that it may be eaten only if it develops זבר Why does the Torah emphasize .1 Olah? Continued on page 2) __________________________________________ 2. What is the dispute in the Baraisa related to an an- Today’s Daf Digest is dedicated לע"נ הרב מיכאל בן הרב אלחנן שרגא זצ"ל ?drogynus animal __________________________________________ By Mr. and Mrs. Joseph Abramchik 3. How do we know that R’ Yochanan rejects R’ Chisda’s explanation of the debate? Today’s Daf Digest is dedicated __________________________________________ By Mr. Richard Tresley . אשתני ולא אשתני Explain .4 In loving memory of his mother מרת דאבא בת ר' אברהם זאב, ע"ה __________________________________________ בכורות מ ב“ —Number 2494 (Insight...continued from page 1) HALACHAH Highlight an additional, more significant, blemish. Mirkeves HaMishnah and Chok Nosson explain that Androgynous Rambam’s ruling is that “a bechor which is a tumtum may -be shechted due to a blemish” is referring to the very blem מטיל מים במקום זכרות זכר If he relieves himself as a male he is a male ished condition of its being a tumtum, and not that we have to wait for an additional blemish to develop. hulchan Aruch 1 rules that an androgynous can blow the S Reishis Bikkurim explains that Rambam (Bikkurim shofar and discharge the obligation of another androgynos. 2:5) rules that a bechor androgynos is not holy at all, and it Magen Avrohom 2 cites Rif who writes that an androgynos is may be worked and sheared. sometimes male and other times female. Therefore, an androgynous cannot discharge the obligation of another androg- characteristics, there are times when he relieves himself as a ynous unless he is in a male state or if both are in a female male and there are times when it is done as a female. This state. An androgynos who is in a female state may not dis- was the intent of Magen Avrohom when he referred to an an- charge the obligation of even another androgynous if that sec- drogynous being in a male state or in a female state. He then ond androgynos is in a male state. Be’er Heitev 3 notes that in cites our Gemara as proof that a person’s gender can be deter- our current editions of the Rif this position is not found. mined by the way in which he relieves himself. Our Gemara Rav Yaakov Emden 4 asserts that the position expressed by relates that if a tumtum animal relieves itself as a male it is Magen Avrohom is based on the mistaken notion that an an- categorized as a male. Although the cases are not exactly par- drogynos changes from male to female and from female to allel it seems that this approach explains Magen Avrohom’s male. However, such a reality does not exist. Even though position. In other words, Magen Avrohom did not mean that there are different categories of androgynos their individual as a male he is assigned all the halachos of a male and when condition does not change and they possess both male and female she is assigned all the halachos of a female; rather his female characteristics. In fact, the word “androgynos” is a intent was only with regards to discharging the obligation of Greek compound word that means male and female and inter- another androgynous. .1 שו"ע או"ח סי' תקפ"ט סע' ד'. is אנדרוגינוס estingly enough the numeric value of the word .2 מג"א שם סק"ב. זכר ונקבה the same as .3 באר היטב שם סק" ב. Chasam Sofer 5 defends Magen Avrohom’s comment. He .4 מור וקציעה שם. notes that although an androgynous has male and female .5 על המג"א הנ"ל. been heard from him, Rav Moshe what he thought was his fate, and every- STORIES Off the Daf Yerushalmsky, zt"l, decided to consider one with whom he came into contact the sugyos and try to free this unfortu- felt certain that he ended his own life. It An Obsession nate man's poor widow. seems clear that the Chasam Sofer .After much consideration, he per- would agree in these circumstances הואיל ואשתני אשתני mitted the woman to remarry, proving "The proof of this is from Bechoros הואיל :A certain man boarded a ship in that she was permitted from a statement 42. There we find that the rule is once something is — ואשתני אשתני London that was bound for Ireland, but on today's daf. "Firstly, the Maharam the journey was ill-fated for this unfortu- Mintz, zt"l, permits the wife of one who known to be different in one way, it is nate man. One morning he woke up— cast himself into the sea as an act of sui- more likely to be different in another along with the passengers and sailors— cide. Although the Chasam Sofer, zt"l, manner as well. Here too, most people and told whomever would listen that he writes that one who claims that he is commit suicide because of deep inner had dreamed that that day would be his about to commit suicide cannot be as- pressure, which may relent at any mo- last day on Earth. Shortly afterwards he sumed to have done so since he may ment. But one who does so because of vanished without a trace. Although well have changed his mind at the last some kind of mental obsession that con- there were no witnesses, everyone as- second, this does not apply in our case. vinces him that he is fated to die, can be sumed that he had cast himself into the In this particular instance, the man was- assumed to have finished the job." 1 .1 מובא במהרש"ם, ח"ב, ס' קס"ח, ע"ש -sea to fulfill his dark prediction. n't like most people who commit sui שחולק עליו כיון שדעתו של אדם אינו דומה When after three years nothing had cide, He was completely consumed by לשינוי בגוף שעלול לשנות דעתו בכל עת Daf Digest is published by the Chicago Center for Torah and Chesed, under the leadership of HaRav Yehoshua Eichenstein, shlit”a HaRav Pinchas Eichenstein, Nasi; HoRav Zalmen L.

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