012a הכל ממירין פרק ראשון תמורה יב ע"א - HAKOL MEMIRIN CHAPTER ONE TEMURAH

He said to him: Does the verse “because the place is far from you … and you shall slaughter”^[1] (Deuteronomy 12) apply to this case?

מי קרינא ביה כי ירחק ממך המקום וזבחת - For from there we derive that it is forbidden to slaughter non-sacred animals in the Temple courtyard, as we expound: “when the place is far from you, you may slaughter, but you may not slaughter when the place is near” (in the courtyard), in the second chapter of Kiddushin (57). And here, “does the verse apply this way?” This animal can only be slaughtered in the courtyard, since it is a peace-offering.

Abaye asked Rav Yosef: If the mother is non-sacred but her fetus is a peace-offering, and one slaughtered the mother outside, what is the law? Is he liable on account of [the prohibition of] slaughtering outside ^[2], or not?

היא חולין וולדה שלמים - According to the view that sanctity takes effect on the fetuses^[3]: if he slaughtered the mother outside, is he liable to karet on account of the fetus, [for] outside slaughter?

He said to him: Does the verse “and bring them to HaShem” ^[4] (Leviticus 17) apply to this case?

מי קרינא ביה והביאום לה' - For one is liable on account of outside slaughter only for those that are fit for a sacrifice, and this fetus is not now fit for a sacrifice.

והביאום לה' - It is written regarding outside slaughter.

Not so. He said to him: [only an animal] fit for the entrance of the Tent of Meeting is one for which one is liable on account of slaughtering it outside.

Mishnah: One does not make dimua ^[5] except according to the calculation.

מתני' אין המדומע מדמע אלא לפי חשבון - Explained in the Gemara.

And leavened [teruma] ^[6] makes [dough] leavened only according to the calculation.

ואין המחומץ מחמץ אלא לפי חשבון - A dough of chullin that was leavened with teruma leaven is entirely forbidden. If something from that dough fell into another dough of chullin and leavened it, the second is forbidden only according to the teruma leaven in it. That is: if from the first dough a large enough amount fell into the last, containing enough teruma leaven that was leavened from it to leaven the last, the last is also forbidden. But if all that fell from the first into the last is only enough to leaven it, the last is permitted, since no sufficient amount of teruma fell into it to leaven it.

And drawn ^[7] water invalidates a mikveh only according to the calculation.

מים שאובים - Explained in the Gemara.

And the water of purification ^[8] is made into water of purification only with the placing of the ashes.

ואין מי חטאת נעשית מי חטאת אלא עם מתן האפר - At the moment he places the ashes, [the mixture] becomes water of purification; therefore the water must be in the vessel first and afterwards the ashes. But if he placed the ashes first and afterwards the water, it is invalid, for at the placing of the ashes to make water of purification, it is no longer called water, and so they do not make water of purification.

And a bet ha-peras ^[9] does not make another bet ha-peras.

ואין בית הפרס עושה בית הפרס - A field in which a grave was plowed (“a spread-out matter”). If one plowed again, [the field] is a bet ha-peras, but the fields around it are not treated like other fields as a bet ha-peras, since perhaps the plow carried the bones into the fields around it. One grave makes a bet ha-peras only according to the measure explained in the Gemara.

And one teruma does not make another teruma.

ואין תרומה אחר תרומה - If one set aside teruma and then set aside again, the second is not teruma.

And a substitute ^[10] does not make a substitute, and the offspring does not make a substitute.

R. Yehuda says: the offspring ^[11] makes a substitute.

They said to him: the consecrated animal makes a substitute, and the offspring does not make a substitute.

Who is the Tanna?

גמ' מאן תנא - That is: dimua does not make dimua except according to the calculation.

Rabbi Chiya bar Abba said in the name of Rabbi Yochanan: it is not like R. Eliezer.

As we learned: If a se’ah of teruma fell into less than a hundred [se’ah] of chullin, and they were made dimua, and [a se’ah] fell from the dimua to another place.

שאני אומר סאה שנפלה - That is, the se’ah that fell into the dimua is the se’ah that was raised and then fell back into the others.

R. Eliezer says: it makes dimua fully, as teruma ^[12] does.

מדמעת כתרומה ודאי - Makes dimua as teruma with certainty. If a se’ah fell from the dimua into another place, and there are not a hundred se’ah there apart from this se’ah, all of them are forbidden.

And the Sages say: it makes dimua only according to the calculation of the teruma in it.

אלא לפי חשבון שבה - The requirement is a hundred measures of chullin for the teruma in this se’ah of dimua, but not a hundred se’ah. For example: if first a se’ah of teruma fell into twenty-four se’ah of chullin and they became dimua, then each se’ah in it is one twenty-fourth teruma, that is, a log of teruma in every se’ah. If one se’ah from that dimua falls again into other chullin, and there are seventy-seven other logs of chullin, they combine with the twenty-four logs of chullin in this se’ah and nullify the log of teruma.

And what has been leavened leavens, etc.^[13]

ואין המחומץ מחמץ כו' דלא כרבי אליעזר - R. Eliezer does not require that there be enough of the forbidden [leaven] to leaven; rather the forbidden and the permitted combine to make it forbidden.

Rabbi Abba said in the name of Rabbi Yochanan: our Mishnah is not like R. Eliezer.

As we learned: leaven of chullin and leaven of teruma fell into the dough, and neither one alone [was enough] to leaven, and they combined and leavened.

R. Eliezer says: I come after the last one ^[14].

אחר אחרון אני בא - That is, the one who causes the leavening: if the forbidden [leaven] fell last, [the dough] is forbidden. The Mishnah, even though nothing fell from the first dough into the last except enough to leaven, so that most of the leavening was from chullin, still forbids it, since R. Eliezer holds that each one causes the prohibition. His “last one” is not meant literally: even if the forbidden fell first and then the permitted, if he did not remove the forbidden beforehand but left it and leavened between them, it is forbidden, since each causes the prohibition (as R. Eliezer holds in the first chapter of Bekhorot (7b) and throughout; Abaye explains so in Pesachim (27b)).

And the Sages say: whether the forbidden [leaven] fell at the start or at the end, it is never forbidden unless there is in it enough to leaven.

And drawn water invalidates a mikveh: ^[15]

Who is the Tanna?

Rabbi Chiya bar Abba said in the name of Rabbi Yochanan: it is R. Eliezer ben Ya’akov.

As we learned: R. Eliezer ben Ya’akov says: a mikveh ^[16] that has twenty-one se’ah of rain water, and one fills [the rest] with a yoke nineteen se’ah and channels them into the mikveh.

מי גשמים - Fit for immersion, for one does not require living water^[17], except for a zav.

ממלא בכתף - Drawn water: nineteen se’ah.

ופותקן למקוה - So that he not pour from the bucket directly into the mikveh, for in such a case even three logs disqualify the mikveh. Rather he should make a channel and a trench at a distance, pour from the bucket into the trench, and the water flows through the channel into the mikveh; this is the hamshacha^[18] (channeling).

תוספות

אין המדומע חוזר ומדמע אלא לפי חשבון - As the Gemara explains: for example, a se’ah of teruma fell into less than a hundred [se’ah] of chullin, they became dimua, and [a se’ah] fell from the dimua into another place. The second is not made dimua except according to the teruma in it. If there is in the second [place] enough to nullify the teruma that fell into it, it is nullified, even though in the first there is not enough to nullify the teruma that fell into it. This is like the Sages of the Gemara and not like R. Eliezer, who says that it makes dimua like teruma. The same applies to R. Eliezer’s view: even if there are a hundred [se’ah] in the second to nullify what fell into it, since neither one was raised before the fall into the second, it must be raised because of robbery of the tribe (gezel ha-shevet).

ואין המחומץ חוזר ומחמץ אלא לפי חשבון - Rashi explains: a dough of chullin that was leavened with teruma leaven is entirely forbidden; if something fell from it into another dough of chullin and leavened it, the second is forbidden only according to the teruma leaven in it. This does not seem right: if so, why does the Gemara need to add “not like R. Eliezer” from the Mishnah on leaven; rather from the Mishnah on dimua one could well prove that it is not like R. Eliezer. So it seems to be explained thus: for example, an olive’s bulk of teruma leaven and an olive’s bulk of chullin leaven, both whole, fell into a dough of chullin and leavened it, and neither alone was enough to leaven it. The forbidden is only according to the proportion of teruma leaven alone. This is exactly the Mishnah the Gemara brings, “and the Sages say…”, who hold that each causes the prohibition.

ואין המים שאובין פוסלין את המקוה אלא לפי חשבון [וכו'] רבי אליעזר בן יעקב היא דתנן כו' - Because immersion purifies through the increase (ribiyah) and through channeling (hamshacha), and this is according to calculation: drawn water disqualifies only if there is in it [an amount equal to] the valid waters, that is, twenty se’ah of drawn water and twenty se’ah of valid water. But if he channeled only nineteen [se’ah] of drawn water into the twenty-one valid [se’ah], it is valid.

Notes

1. 1. Deuteronomy 12 permits slaughtering non-sacred animals at home when the place is far away. The question here is whether the verse applies to an animal whose fetus is sacred.
2. 2. Slaughtering a sacrificial animal outside the Temple court is forbidden by the Torah (Leviticus 17), and one who does so is liable to karet. The question is whether one is liable for slaughtering the mother when the fetus is sacred.
3. 3. Whether the fetus of a consecrated animal also becomes consecrated.
4. 4. Leviticus 17:5: animals for sacrifice must be brought to the entrance of the Tent of Meeting; this is the source for liability for outside slaughter.
5. 5. Dimua: mixing teruma into a heap of chullin so that the teruma is separated from it by calculation; the heap is called dimua.
6. 6. Teruma leaven that falls into dough and leavens it; the dough is forbidden according to the amount of teruma in it.
7. 7. Drawn water: water taken up in a vessel, which can disqualify a mikveh when it forms a certain proportion of its water.
8. 8. Water of purification: water mixed with the ashes of the red heifer, sprinkled on one who is impure.
9. 9. Bet ha-peras: an area where a hidden grave-bone lies, which makes the surrounding ground impure according to a set measure.
10. 10. Tmura: substitution of a sacrifice by another animal; both become sacred.
11. 11. R. Yehuda holds that the offspring of a consecrated animal also makes a substitute.
12. 12. R. Eliezer holds that dimua is fully like teruma, so a se’ah that falls out of it renders the mixture forbidden unless there are a hundred other se’ah.
13. 13. The Gemara brings the end of the Mishnah in order to learn from it the positions of R. Eliezer and the Sages.
14. 14. R. Eliezer holds that each one causes the prohibition: the last leaven also causes it, so if the forbidden fell last, the whole is forbidden.
15. 15. The Mishnah: drawn water disqualifies a mikveh only by calculation. The Gemara asks who the Tanna is.
16. 16. A mikveh is a pool of water fit for immersion. The Mishnah’s twenty-one plus nineteen make forty se’ah, the required amount (general halachic knowledge).
17. 17. Living water: flowing water from a spring, not drawn water. A zav needs living water for immersion; others may immerse in rain water.
18. 18. Hamshacha: channeling water drawn from a vessel into the mikveh through a channel, so that the drawn water is connected to the mikveh.