POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Avodah Zarah 23
1) WHY MAY WE BUY SACRIFICES FROM NOCHRIM?
(a) Answer #2 (to Contradiction 3:d, 22B - Ravina): We are
concerned for bestiality l'Chatchilah (therefore, we do
not leave animals by Nochrim), not b'Diavad (therefore,
we may buy sacrifices from them).
2) THE ARGUMENT OF R. ELIEZER AND CHACHAMIM
1. Question: What is the source that we distinguish
between l'Chatchilah and b'Diavad?
(b) Rejection: Perhaps (normally) we are concerned even
2. Answer (Mishnah): A woman may not be secluded with
Nochrim, for they are suspected of illicit
i. Contradiction (Mishnah): A woman was taken
captive by Nochrim:
3. Resolution: Even though l'Chatchilah she may not be
secluded with Nochrim, b'Diavad we are not
ii. If this was on account of money owed to her
captor, she is permitted to her husband;
iii. If she was sentenced to die, she is forbidden
to her husband.
1. This case is different, because her captor fears
that if he has relations with her, her husband will
not pay her debt to redeem her.
(c) Answer #3 (R. Pedas): Our Mishnah is R. Eliezer; the
Beraisa that permits buying sacrifices from Nochrim is
2. Support (Mishnah): If she was sentenced to die (her
captors have nothing to lose), she is forbidden to
1. (Mishnah - R. Eliezer): We may not buy a cow (to use
for the red heifer) from Nochrim (the red heifer is
not really a sacrifice, but many of its laws are
like those of a sacrifice);
2. Chachamim permit this.
3. R. Eliezer forbids because we are concerned that the
Nochri had relations with it, Chachamim are not
concerned for this.
(a) Objection #1: Perhaps neither is concerned for this;
rather, R. Eliezer forbids on account of Rav Yehudah's
1. (Rav Yehudah): Even if one left a bundle of sacks on
a red heifer (this is considered work), it is
(b) Rejection (of Objection #1): No one would be concerned,
the Nochri expects to receive a fortune for the cow, he
will not risk this for a minor convenience (resting his
sack on it)!
i. A calf is disqualified from being an Eglah
Arufah (to atone when a murdered corpse is
found) only if it pulled (a yoke or burden).
2. R. Eliezer is concerned that the heifer was used for
work, Chachamim are not concerned for this.
(c) Objection #2: Likewise, no one would be concerned that
the Nochri will risk losing a fortune by having relations
(d) Rejection: R. Eliezer is concerned, for his evil
inclination (for bestiality) tempts him greatly!
(e) Objection #3: Perhaps no one is concerned for bestiality;
R. Eliezer forbids as Shila taught.
1. (Shila): R. Eliezer expounds "...Benei Yisrael
v'Yikchu Elecha" - Benei Yisrael must provide (we
read it 'Yakichu') it.
(f) Rejection: This cannot be his reason!
1. (End of the above Mishnah): Similarly, R. Eliezer
forbids buying all sacrifices from Nochrim.
(g) Objection #4: Perhaps Chachamim only permit the red
heifer, for the Nochri hopes to get much money for it,
but they agree that we may not buy sacrifices from
i. The above verse only applies to the red heifer!
(h) Rejection #1: If so, the following Beraisa is not like
Chachamim or R. Eliezer!
3) THE STATUS OF THE RED HEIFER
1. (Beraisa): We may buy sacrifices from Nochrim.
(i) Rejection #2: From Chachamim's response we see that they
argue regarding sacrifices!
1. (Beraisa): Chachamim challenged R. Eliezer: "Kol
Tzon Kedar (of Yishmael)...Al Ratzon Mizbechi".
(j) (Conclusion: All questions against R. Pedas were
(a) Inference: Chachamim and R. Eliezer only argue regarding
whether or not we are concerned that he *may have* had
relations with it; if we know that he did, all agree that
it is disqualified;
4) BUYING SACRIFICES FROM NOCHRIM
1. We conclude that the red heifer has the law of
Kodshei Mizbe'ach (Kodshim brought on the Altar);
(b) Rejection #1: In most respects, it is like Kodshim of
Bedek ha'Bayis; bestiality disqualifies it because the
Torah calls it 'Chatas'.
2. If it was only like Kodshim of Bedek ha'Bayis,
bestiality would not disqualify it!
(c) Version #1 - Rashi - Objection: If so (all agree that it
is like Bedek ha'Bayis, but it is called 'Chatas'), a
Yotzei Dofen (one born through Caesarian section) should
be disqualified (according to everyone)!
(d) Version #2 - Tosfos - Question: Since bestiality
disqualifies it (whether this is because it is Kodshei
Mizbe'ach, or because it is called 'Chatas'), a Yotzei
Dofen should also be disqualified (according to
everyone)! (End of Version #2)
1. Suggestion: Perhaps it is!
(e) Version #1 - Rashi - Retraction: Indeed, Chachamim say
that it is Kodshei Mizbe'ach;
2. Rejection (Beraisa): A Yotzei Dofen is invalid for
the red heifer; R. Shimon says, it is valid.
3. Suggestion: R. Shimon allows it because he holds
that a Yotzei Dofen has the same law like one born
normally. (R. Shimon says that the Tum'ah of a woman
who gave birth does not depend if it was a normal
birth or a Caesarian section.)
4. Rejection: R. Yochanan taught R. Shimon admits that
a Yotzei Dofen is invalid for a sacrifice.
1. R. Shimon says that it is Hekdesh Bedek ha'Bayis;
bestiality (or being designated for idolatry or
worshipped) disqualifies it, just like a blemish
(f) Version #2 - Tosfos - Answer: Bestiality (or being
designated for idolatry or worshipped) disqualifies it,
just like a blemish disqualifies it (but not because it
is Kodshei Mizbe'ach or because it is called 'Chatas').
(End of Version #2)
1. "Ki Mashchasam Bahem Mum Bam";
2. (Tana d'vei R. Yishmael): 'Mashchasam' always refers
to sexual immorality and idolatry.
i. Sexual immorality - "Hishchis Kol Basar Es
ii. Idolatry - "Pen Tashchisun va'Asisem Lachem
(a) (Shila): R. Eliezer expounds "...Benei Yisrael v'Yikchu
Elecha" - Benei Yisrael must provide it.
(b) Question: If so, we should say that only Benei Yisrael
can provide needs of the Mikdash - "Benei Yisrael
v'Yikchu Li Terumah"!
1. Suggestion: Perhaps this is true!
2. Rejection (Rav Yehudah): R. Eliezer taught that one
must honor his parents as much as Dama ben Nesinah
(who was a Nochri);
i. Once Chachamim needed a stone for (Tosfos - the
Choshen, which is attached to) the Efod; they
were willing to pay 600,000 Dinars above its