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Bava Kama Chart #4b
Daf 13a
___________________________________________________ |
|
WHICH TYPES OF KODSHIM KALIM ARE CONSIDERED |
"MEMONO," "HIS PROPERTY," ACCORDING TO BEN AZAI?(1) |
___________________________________________________ |
|
|
(A) (B) |
LISHNA KAMA LISHNA BASRA (RAVINA) |
___________ _____________________ |
|
1) TANA KAMA, Bechor, Shelamim |
according to Shelamim (& some say |
Ben Azai even Bechor)(2) |
|
2) ABA YOSI BEN Bechor(4) Bechor, |
DUSTA'I, Shelamim(3) |
according to |
Ben Azai |
|
==========
FOOTNOTES:
==========
(1) From the words of Rashi (DH Matnos Kehunah) it seems that Ben Azai intends
to *explain* the opinion of Rebbi Yosi ha'Gelili and not to argue with him. For
this reason, we have written here that Ben Azai stated his opinion in
accordance with the view of Rebbi Yosi ha'Gelili. However, the Ra'avad (in the
Shitah Mekubetzes) says that Ben Azai is arguing with Rebbi Yosi ha'Gelili.
Rebbi Yosi ha'Gelili himself holds that Bechor, Shelamim, and Ma'aser Behemah
are *all* considered property of the owners, "Memono." This also seems to be
the view of Rashi in Chulin (137a, DH b'Kedushah) and in Temurah (8a, DH
l'Rabos). (See Rashash in Chulin there.)
(2) This is the opinion of the Ra'avad, according to his first explanation.
According to this, the Tana Kama and Aba Yosi are only arguing whether or not a
Bechor is more Kadosh than Shelamim or less Kadosh than Shelamim. According to
Aba Yosi, it is only necessary to mention that Bechor is "Memono," and we would
know, Kol she'Ken, that Shelamim is "Memono." According to the Tana Kama, it is
only necessary to mention that Shelamim is "Memono" (since it is more Kadosh),
and we would know, Kol she'Ken, that Bechor is as well. The explanation of the
Ra'avad is consistent with his reasoning that we cited in the Insights here
(13:1:b). However, according to what we wrote there (1:a) to explain the view
of *Rashi*, the opinion that holds that Shelamim is more Chamur than Bechor is
referring to Bechor in *Chutz la'Aretz*, and the opinion that holds that Bechor
is more Chamur than Shelamim is referring to Bechor in *Eretz Yisrael*. Thus,
according to all opinions, a Bechor in Chutz la'Are
tz is the least Chamur of all, Shelamim is more Chamur than Bechor in Chutz
la'Aretz, and Bechor in Eretz Yisrael is the most Chamur of all (see Insights).
(3) This Lishna Basra is refuted by the Gemara, due to the fact that Aba Yosi
said, "Ben Azai only said Bechor 'Bilvad' (alone)!" implying that he is
excluding Shelamim as well, like the Lishna Kama.
(4) This is how most of the Rishonim and Acharonim explain. However, the
Talmidei Rabeinu Yisrael (in the Shitah Mekubetzes) explain that even according
to the Lishna Kama, the Tana Kama and Aba Yosi are not arguing (similar to the
first explanation of the Ra'avad in the Lishna *Basra*, see footnote #2 above).
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