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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Chulin 131
CHULIN 131 - Dedicated anonymously by a subscriber in Har Nof towards a
Refu'ah Shelemah for Yehoshua Heshel ben Ayeleth.
1) PAYING FOR DAMAGE TO "MATANOS"
(a) Question (Beraisa): If the king's officers took Reuven's
2) MUST "LEVIYIM" GIVE "MATANOS"?
1. If they took it for money he owed, he must take
Ma'aser [from other Tevel, and give the Ma'aseros to
the proper recipients - the same applies to one who
eats or damages Tevel]!
(b) Answer: That case is different, for he saves money (had
they not taken his Tevel, they would have taken other
money; he did not save money by eating Tevel, since he
could have fasted or eaten very little).
2. If he did not owe anything (they merely stole it),
he is exempt.
(c) Question (Mishnah): If Reuven bought the innards of a cow
from a butcher, Reuven gives the stomach to a Kohen,
without deducting from the price;
1. If Reuven bought by weight, he gives the stomach to
a Kohen, and does not pay for its weight.
(d) Answer: When the Matanos are intact, they must be given.
2. Why must he give to a Kohen? Selling it is like
damaging it, we should say that there is no longer a
Mitzvah to give it!
(e) Question (Beraisa): Nine [of the 24] Matnos Kehunah are
the property of the Kohen:
1. Terumah, Terumas Ma'aser, Chalah, Reishis ha'Gez,
Matanos, Terumas Ma'aser of Demai, Bikurim, Keren
v'Chomesh (the principal of Gezel ha'Ger and its
added fifth). (Rashi lists six other Matnos Kehunah
that are the property of the Kohen; some pairs are
counted like one, so the total is nine. Tosfos' text
says seven; the Tana excludes Reishis ha'Gez, for it
is permitted to Zarim, and it does not Tovel (forbid
shearings before it is given). Keren v'Chomesh refer
to payment for Terumah eaten by a Zar, and they are
counted like one.)
(f) Answer: No; rather it teaches as follows:
2. Suggestion: These are called the property of the
Kohen to teach that if someone eats or damages them,
he must pay the Kohen!
1. (Mishnah): These are called property of the Kohen to
teach that he may buy with them slaves, land, or
Tamei animals; they can be used to pay a debt or
Kesuvah, or to buy a Sefer Torah (even though a
Sefer Torah has no connection to food, it cannot
even be rented out to get money for food).
(g) A certain Levi used to seize Matanos (being sent to a
1. Rav: Is it not enough that we do not make him give,
such that he even grabs from others?!
(a) Question: (Matanos are taken "Me'es ha'Am") - Does Rav
say that Leviyim are included in "ha'Am" (and therefore
obligated to give them), or not?
1. If they are included, why do we not take from
(b) Answer: Rav is unsure whether or not they are included
(we do not make them give because of the doubt).
2. If they are not included, why did Rav say, "Is it not
enough that we do not make him give"? The Torah
(c) Question (to be formulated on 131b - Rav Idi bar Avin -
Beraisa): There are four Matnos Aniyim in a vineyard:
1. Peret (grapes that drop during harvesting), Olelos
(deficient clusters), Shichechah (forgotten grapes)
and Pe'ah (a corner of the field or vineyard left
(d) Regarding all of these, the owner has no Tovas Hana'ah
(he may not choose to which poor person to give them);
even if the owner is the poorest person in Yisrael; if he
took them, we force him to give them to other Aniyim.
2. There are three Matnos Aniyim of grain: Leket
(sheaves that drop during harvesting), Shichechah
3. There are two Matanos on trees: Shichechah and
(e) A landowner has Tovas Hana'ah of Ma'aser Ani that is
distributed from the house (i.e. in winter);
1. Even if he is poor, we force him to give it to other
(f) Regarding other Matnos Kehunah, like Zero'a Lechayayim
v'Keivah, we do not force a Kohen or Levi to give them to
another Kohen or Levi (this will be explained).
(g) The four Matanos in a vineyard are derived as follows:
1. "v'Charmecha Lo *Se'olel*, *u'Feret* Karmecha Lo
Selaket" teaches Olelos and Peret.
(h) The three Matanos from grain are learned from "Lo
Sechaleh *Pe'as* Sadcha b'Kutzrecha *v'Leket* Ketzircha
Lo Selaket" and "*v'Shachachta* Omer."
2. (R. Levi): "Ki Sivtzor Karmecha Lo Se'olel
*Acharecha*" - this teaches Shichechah;
3. Pe'ah is learned from a Gezeirah Shavah
"Acharecha-Acharecha" from olives:
i. (Beraisa - Tana d'vei R. Yishmael): "When
harvesting your olives, Lo Sefa'er Acharecha" -
do not take the beauty (the corner).
(i) Regarding trees, Tana d'vei R. Yishmael expounded Pe'ah
from "When harvesting your olives, Lo *Sefa'er*
3) WHY DID RAV NOT LEARN FROM THE "BERAISA"?
1. "Acharecha" teaches Shichechah.
(j) Regarding all of these, the owner may not choose which
poor person to give them to.
(k) Question: Why is this?
(l) Answer: It says "Ta'azov (leave)."
(m) Even if the owner is poor, if he took them, we force him
to give them to other poor people - "l'Ani vela'Ger
Ta'azov" commands him to leave them.
(n) The owner has Tovas Hana'ah of Ma'aser Ani that is
distributed from the house (i.e. in winter).
(o) Question: Why is this?
(p) Answer: It says "v'Nasata (you will give)."
(q) Even if the owner is poor, we force him to give to other
1. (R. Ila'a): We learn from a Gezeirah Shavah
"la'Ger-la'Ger" from other Matnos Aniyim that a poor
owner is commanded to leave them.
(r) Regarding other Matnos Kehunah, like Zero'a Lechayayim
v'Keivah, we do not force a Kohen to give them to another
Kohen, or a Levi to give to another Levi.
1. Inference: We do force a Levi to give them to a
(a) Summation of question: Why did Rav not learn from this
Beraisa that Leviyim are included in "ha'Am"?
(b) Answer: The Beraisa discusses Matanos *like* Zero'a
Lechayayim v'Keivah, not Zero'a Lechayayim v'Keivah
(c) Question: Which Matanos does it discuss?
(d) Answer #1: It discusses Ma'aser Rishon.
1. Question: A Levi receives Ma'aser Rishon, he need
not give it to a Kohen!
(e) Answer #2: Rather, the Beraisa discusses Reishis ha'Gez
(Leviyim must give it to Kohanim).
2. Answer: The Beraisa is like R. Elazar ben Azaryah:
i. (Beraisa - R. Akiva): We give Terumah to a
Kohen and Ma'aser Rishon to a Levi;
3. Question: R. Elazar only said that it is given
*even* to a Kohen, he did not say that it is given
*only* to a Kohen!
ii. R. Elazar ben Azaryah says, Ma'aser Rishon is
given even to a Kohen.
4. Answer: He holds that after Ezra fined the Leviyim
(for not returning to Eretz Yisrael at the beginning
of the time of Bayis Sheni), it is given only to a
5. Objection: Ezra fined them, that Yisraelim should
give only to Kohanim; he did not obligate Leviyim to
give to Kohanim!
(f) Question (Beraisa): The general rule is - anything with
Kedushah (that is forbidden to a Zar), like Terumah,
Terumas Ma'aser and Chalah, Leviyim must give to Kohanim;
1. Anything without Kedushah, like Zero'a Lechayayim
v'Keivah, Leviyim need not give to Kohanim.
(g) Answer: The Beraisa discusses Matanos *like* Zero'a
Lechayayim v'Keivah, namely, Ma'aser Rishon.
2. (Why did Rav not learn from this Beraisa that
Leviyim are not included in "ha'Am"?)
(h) Question (Beraisa): If one slaughters an animal for a
Kohen or Nochri, he is exempt from Matanos.
1. Inference: If he slaughters for a Yisrael or Levi,
he must give them!
(i) Answer: No - if he slaughters for a Yisrael, he must give
(j) Question #1: If one who slaughters for a Levi is exempt,
the Beraisa should [explicitly] exempt one who slaughters
for a Levi or Nochri!
(k) Question #2 (Beraisa): If one slaughters for a Kohen or
Nochri, he is exempt; if he slaughters for a Yisrael or
Levi, he must give Matanos.
1. This refutes Rav!
(l) Answer (to both questions): Tana'im argue about this.
1. (Beraisa #1): "v'Chiper Es Mikdash ha'Kodesh" - this
Avodah (on Yom Kipur) atones for transgressions of
Tum'ah in the Mikdash; "Ohel Mo'ed" - [it atones for
Tum'ah in] the Heichal; "ha'Mizbe'ach" - the
Mizbe'ach; "Yechaper" - the courtyards of the
Mikdash; "ha'Kohanim" - for the Kohanim; "Am
ha'Kahal" - for Yisrael; "Yechaper" - for the
Leviyim (Leviyim are not included in "Am ha'Kahal");
(m) Question: If Rav says that the Halachah follows Tana #1,
he should exempt Leviyim from Matanos; if the Halachah
follows Tana #2, he should obligate them!
2. (Beraisa #2): "Yechaper" - it atones for slaves.
(This Tana must hold that Leviyim are included in
(n) Answer: Rav was unsure whom the Halachah follows.
(o) (Mereimar): The Halachah follows Rav and Rav Chisda (who
exempts one who damages Matnos Kehunah).