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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Avodah Zarah 13



(a) Rebbi Nasan in a Beraisa says that, on the day of tax relief, they would announce that anybody who would place a crown on his own head or on that of his donkey - would obtain a tax relief.

(b) Any Jew who happens to be there, would be faced with the problem - that if he complied, he would be benefiting from the Avodah-Zarah, whereas if he didn't, he would be causing it to benefit.

(c) Rebbi Nasan therefore rules that should one purchase ...

1. ... an animal - one must perform Ikur.
2. ... fruit, clothes and destructible goods - they must be left to go rotten.
3. ... money and metal goods - he throws them into the Yam ha'Melach.
(d) The Ikur of an animal performed - by cutting off the leg (or the tendon) from below the knee.
(a) This Beraisa poses a Kashya on Resh Lakish (who permits selling to Nochrim on their festivals) - inasmuch as it specifically forbids it 'because the seller will cause the Avodah-Zarah to benefit' (which in fact, does not bother Resh Lakish).

(b) Rav Mesharshaya b'rei de'Rav Idi bar Avin establishes the Mishnah - like Rebbi Nasan exclusively, to reconcile it with Resh Lakish, who will then hold like the Rabbanan (who disagree with Rebbi Nasan).

(c) Whereas according to Rebbi Yochanan - the Rabbanan do not argue with Rebbi Nasan.

(a) Another Beraisa - permits ...
1. ... purchasing animals, Avadim ... houses, fields and vineyards in the market from Nochrim, and ...
2. ... certifying the sale in Nochri courts ...
(b) ... because by authenticating one's sale, one spares oneself a potential loss.

(c) He also permits the owner, even if he is a Kohen, to go ...

1. ... to Chutz la'Aretz for this purpose - in spite of the Tum'as Meis (mi'de'Rabbanan) that the Chachamim declared on the ground of Chutz la'Aretz.
2. ... through a Beis ha'Kevaros, if need be. The problem with that is - how the Rabbanan can permit a Kohen to transgress an Isur d'Oraysa.
(d) The Beraisa must therefore be referring to traversing a 'Beis ha'Pras' (a hundred Amos radius of a grave which was dug up whilst plowing), which is only an Isur de'Rabbanan.
(a) The Tana also permits the last two Isurim de'Rabbanan - for someone who wishes to study Torah or to find a wife.

(b) Rebbi Yehudah qualifies the Heter to transgress in order to learn Torah, confining it to where he has no other Rebbe from whom to learn. Rebbi Yossi disagrees - permitting it even if he has.

(c) Rebbi Yossi proves his point from Yosef ha'Kohen - who traveled to Tzidon (which was considered Chutz la'Aretz) together with his Rebbe.

(a) This Tana supports Resh Lakish - inasmuch as he permits the purchase of animals from Nochrim on market day.

(b) We know that Rebbi Yochanan was aware of the Beraisa - because he ruled like Rebbi Yossi in the Seifa.

(c) To reconcile the Beraisa with Rebbi Yochanan, we draw a distinction between two kinds of salesmen. Rebbi Yochanan will establish this Beraisa - when he buys from a private person (from whom the priests do not claim a tax), whereas our Mishnah is speaking about purchasing from a storekeeper.




(a) Another Beraisa - prohibits being Makdish, Machrim (declaring an object Cherem) or Ma'arich (undertaking to pay someone's 'value' to Hekdesh) nowadays.

(b) If someone did declare something Hekdesh, the Tana makes the same three distinctions between the various kinds of commodities as it did in the previous Beraisa. However, this Tana defines 'Ikur' - as confining the animal to its stable to die by itself, by locking the door in front of it.

(c) This Tana disagrees with the previous Tana's definition of 'Ikur' ('cutting off the leg below the knee'), Abaye explains - because of 'Bizayon Kodshim' (it is a disgrace to do that to Kodshim).

(d) Neither can we allow the animal to be Shechted - because then it will cause a Takalah (one may inadvertently come to eat it).

(a) According to Abaye, we do not simply cut the animal in two because the Torah writes in Re'ei "ve'Nitatztem es Mizbechosam ... Lo Sa'asun Kein la'Hashem Elokeichem" (prohibiting wanton destruction of any form of Hekdesh). Rava explains - that it is forbidden to do so because it looks like making a blemish on Kodshim.

(b) Rava speaks of looking like making a blemish on Kodshim (and not of actually blemishing them) - because nowadays, when there is no Beis Hamikdash, and there is no Mitzvah to bring them, there is no Isur of blemishing them either.

(c) According to one Tana in Bechoros - the Torah forbids even creating a blemish on Kodshim that are already blemished.

(d) Nevertheless - Rava refers to this only as looking like making a blemish, because a Ba'al Mum at least, can be redeemed and the money remains Hekdesh, whereas Kodshim nowadays, are not fit even for that.

(a) When Rebbi Yonah once found Rebbi Ila'i standing by the gate of Tzur, he asked him whether Rebbi Nasan's Din 'Beheimah Te'aker' will apply to an Eved that one purchased at the Nochri market or not - with reference to an Eved Cana'ani (obviously not to an Eved Ivri).

(b) Rebbi Ila'i replied with a Beraisa, which rules - that if Ovdei-Kochavim and shepherds of small animals (see Tosfos DH 've'ha'Ro'in') fell into a deep pit, one is not obligated to rescue them, though one is not permitted to throw them there in the first place.

(c) The significance of shepherds of small animals is - that they are established Gazlanim, since they allow their animals to graze in other people's fields (see Tosfos DH 've'ha'Ro'in').

(d) This ruling resolves Rebbi Yonah's She'eilah - inasmuch we see from here that one is not permitted to kill (or wound) a Nochri (and certainly not an Eved Cana'ani [see Me'lo ha'Ro'im]).

(a) The Rabbanan of Rebbi Nasan permit the purchase of 'Beheimah, Avadim u'Shefachos'. Rebbi Yirmiyah ask Rebbi Zeira - whether 'Avadim' referred to Avadim Ivrim, or Avadim Cana'anim.

(b) Rebbi Zeira established the Beraisa by Avadim Ivrim - since, he claimed, there is no logical reason to permit the purchase of Avadim Cana'anim (there is not the least Mitzvah involved).

(a) When Ravin arrived from Eretz Yisrael, he cited Resh Lakish who disagreed with Rebbi Zeira. In his opinion - there is a Mitzvah to remove the Eved Cana'ani from his Nochri master, and bring him under the wings of the Shechinah.

(b) Rav Ashi refutes that reason however, from the very Beraisa itself - which also permits the purchase of animals (where this reason does not apply).

(c) He therefore attributes the concession of buying animals and Avadim Cana'anim from the Nochrim is - to the fact that one diminishes the Nochri's property (thereby diminishing his power and influence).

(a) Rebbi Ya'akov bought shoes from a Nochri. Rebbi Yirmiyah bought bread.

(b) Neither did wrong, based on a statement by Rebbi Aba brei de'Rebbi Chiya bar Aba - who confines the prohibition of purchasing from a Nochri to purchasing from a storekeeper, who receives a tax-reprieve in return (for which he will go and thank his god), but permits purchasing from a private person, who does not.

(c) Rebbi Ya'akov and Rebbi Yirmiyah asked each other whether his Rebbe would have done what he did - on the mistaken belief that he had made his purchase from a storekeeper.

(d) Rebbi Aba brei de'Rebbi Chiya bar Aba however, was not happy with his own concession. He commented that Rebbi Yochanan would not have permitted even buying from a private individual - because it seems, they began extending the tax relief to private individuals too.

(e) In light of that - Rebbi Ya'akov and Rebbi Yirmiyah must have purchased from temporary resident, from whom they would not claim tax in the first place.

(a) Our Mishnah - forbids the sale of Itztrublin and B'nos-Shu'ach, P'totros, Levonah (which will all be explained in the Sugya) and a white rooster ...

(b) ... because they are all used in connection with Avodah-Zarah.

(c) Rebbi Yehudah qualifies the last item on the list - by permitting it as long as one sells it among a batch of chickens.

(d) The Tana advises someone who wishes to sell a single white rooster to a Nochri - to cut off its claws (because a Nochri is forbidden to bring a sacrifice that is missing a limb).

13) Other things, the Tana Kama concludes, 'S'taman Asur u'Perushan Mutar'. Rebbi Meir - forbids selling 'Dekel Tav, Chatzav ve'Niklav' to a Nochri (all of this will be explained later).

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