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Bechoros - Daf 21
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  1. Machlokes whether מחוסר זמן is נכנס לדיר להתעשר

In a Baraisa on the previous Daf, the Tanna Kamma and Rebbe Shimon discussed a goat which gave birth to three goats, each of whom gave birth to three goats. If all were born within a single year, they all enter the pen for מעשר בהמה to be separated from them. On this Daf, the machlokes between the Tanna Kamma and Rebbe Shimon is explained in four ways (the first three were mentioned on the previous Daf to explain another machlokes). The fourth explanation is: במחוסר זמן נכנס לדיר להתעשר קמיפלגי – they disagree whether a “premature” animal enters the pen to be tithed. The case is where the three “sister” goats soiled at the end of their sixth month, and therefore could not give birth until the end of the twelfth month. Thus, their nine offspring were less than seven days old at the end of the first year, and not yet fit for a korban. The Tanna Kamma holds these nine cannot be tithed together with their mothers, since they were not fit to be korbanos within the first year. Rebbe Shimon holds that even a מחוסר זמן can enter the pen for מעשר בהמה, which he derives from bechor, which is קדוש לפני זמנו – sanctified before its time to be fit as a korban.

  1. An animal purchased from a Yisroel: three opinions

The Mishnah and Gemara have thus far discussed an animal purchased from an idolator. Amoraim debate the halachah of an animal purchased from a Jew. Rav says its subsequent offspring is a definite bechor, because if the animal had already given birth to its firstborn, אישתבוחי הוה מישתבח ליה – [the seller] would certainly have praised it to the purchaser as being exempt from bechor status. Shmuel says it is a ספק בכור, because perhaps the seller assumed the buyer needs it for shechitah rather than for bearing offspring, and therefore did not mention that it had already given birth. Rebbe Yochanan says it is definitely chullin, because if the animal had never given birth before, since there is a prohibition against using a bechor, אודועי הוה מודע ליה – [the seller] would have informed him that its first offspring will be a bechor. His silence is taken as evidence that its offspring is not a bechor.

  1. A חררת דם discharged by a בהמה גסה must be buried, although it is not מקבל טומאה

In the next Mishnah, Rebbe Eliezer ben Yaakov says: בהמה גסה ששפעה חררת דם – if a large animal which had not previously given birth discharged a cake of blood, הרי זו תקבר – [the cake] must be buried, and the animal is exempt from future bechoros. Rebbe Chiya taught a Baraisa which states that this חררה is not metamei through מגע – contact or משא – being carried, because it does not have the status of a נבילה. It must be buried not because it may contain a dissolved bechor fetus which requires burial, but rather כדי לפרסמה שנפטרה מן הבכורה – in order to publicize that [the mother] is exempt from law of bechor.

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