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Nazir 31

NAZIR 31 - Dedicated l'Iluy Nishmas Chaim Mordechai ben Harav Yisrael Azriel (Feldman) of Milwaukee (Yahrzeit: 19 Cheshvan) by the members of his family.

1) [line 2] SHOR SHACHOR SHE'YETZEI MI'BEISI RISHON - a black ox, that will be the first to come out of my house

2a) [line 12] TECHILAS HEKDESH - designating an animal as a Korban in a normal fashion
b) [line 12] SOF HEKDESH - designating an animal as a Temurah ("replacement") for a Korban that already exists

3) [line 12] TEMURAH
(a) The Torah states, "Do not try to transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH 351, 352).
(b) The second animal, or the Temurah, is a valid Korban, and if it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkos (see Chart to Temurah 17a).

4) [line 14] ACHUSEI HEKDESH - (lit. to bring down Hekdesh) to make something Hekdesh

5) [line 18] L'CHI MIGALYA MILSA - (lit. when the matter will be revealed) only when his words are fulfilled as he stated, i.e. only a black ox that came out first will become Hekdesh

6) [line 34] D'AT'AYEI L'DIBUREI KAMA - his original statement is misleading


7) [line 9] B'TIHARA - in the middle of the day (after all the oxen have already emerged)

8) [line 10] SHE'YATZA - that went out (this is Abaye's reading of this word, and not as read previously *SHE'YETZEI* - that will go out)

9) [line 15] UCHMA B'CHIVRA LAKYA - a black ox that is found among white oxen lessens (lit. damages) their value

10) [line 18] B'AYIN RA'AH MAKDISH - consecrates in a miserly fashion The Gemara (Bava Basra 72a) cites an argument among the Tana'im with regard to a person who consecrates something to Hekdesh. Some Tana'im rule that a person is always generous when giving his possessions to Hekdesh while other rule that he is always stingy.

11) [line 24] B'GALILA SHANU D'CHAMRA ADIF MI'MISHCHA - this Mishnah was taught in the Galil where wine was more precious than oil

12) [line 26] B'SORA D'KARMENA'EI - like the oxen used by Carmanians (inhabitants of Carmania, a province of the ancient Persian empire)

13) [line 27] UCHMA L'MASHCHEI - a black ox is best for it skin
14) [line 28] SUMKA L'VISREI - a red ox is best for its meat
15) [line 28] CHIVRA L'RADYA - a white ox is best for plowing

(a) Every year, a person must collect all of the kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shevet, ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.
(c) Ma'aser Behemah has the feature that it takes effect even in error. If the tenth animal was not called "tenth" but the animals that were next to the tenth animal were called "tenth," then they, too, become consecrated, according to all opinions. Beis Shamai cite a case where the owner called the ninth animal "tenth," the tenth, "ninth" and the eleventh, "tenth." The ninth animal is put out to pasture and may be eaten after it develops a Mum (blemish). The tenth animal is brought as the Korban Ma'aser Behemah. The eleventh animal is brought as a Korban Shelamim. (Mishnah Bechoros 60a)

17) [line 38] SHEVET - rod (that is used for counting and marking each tenth sheep with red dye)

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