Avodah Zarah 23
Χ¨ΦΈΧΦ΄ΧΧ ΦΈΧ ΧΦΈΧΦ·Χ¨: ΧΦΈΧ Χ§Φ·Χ©ΧΦ°ΧΦΈΧ β ΧΦΈΧ ΧΦ°ΧΦ·ΧͺΦΌΦ°ΧΦ΄ΧΦΌΦΈΧ, ΧΦΈΧ ΧΦΌΦ΄ΧΧ’Φ²ΧΦ·Χ.
Β§ The Gemara cites another resolution of the apparent contradiction between the mishna, which rules that gentiles are suspected of bestiality, and the baraita, which permits an animal purchased from gentiles to be sacrificed as an offering. Ravina said that it is not difficult; this mishna issues its ruling with regard to the halakha ab initio, while that baraita is referring to the halakha after the fact.
ΧΦΌΧΦ°Χ ΦΈΧ ΧͺΦΌΦ΅ΧΧΦ°Χ¨ΦΈΧ ΧΦΌΦ°Χ©ΧΦΈΧΧ Φ΅Χ ΧΦΌΦ΅ΧΧ ΧΦ°ΧΦ·ΧͺΦΌΦ°ΧΦ΄ΧΦΌΦΈΧ ΧΦΌΦ΅ΧΧ ΧΦ°ΧΦ΄ΧΧ’Φ²ΧΦ·Χ? ΧΦΌΦ΄ΧͺΦ°Χ Φ·Χ: ΧΦΉΧ ΧͺΦΌΦ΄ΧͺΦ°ΧΦ·ΧΧΦ΅Χ ΧΦ΄Χ©ΦΌΧΦΈΧ Χ’Φ΄ΧΦΌΦΈΧΦΆΧ, ΧΦ΄Χ€ΦΌΦ°Χ Φ΅Χ Χ©ΧΦΆΧΦ²Χ©ΧΧΦΌΧΦ΄ΧΧ Χ’Φ·Χ ΧΦΈΧ’Φ²Χ¨ΦΈΧΧΦΉΧͺ. ΧΦΌΧ¨Φ°ΧΦ΄ΧΧ Φ°ΧΧΦΌ: ΧΦΈΧΦ΄Χ©ΦΌΧΦΈΧ Χ©ΧΦΆΧ ΦΌΦΆΧΦ°ΧΦΌΦ°Χ©ΧΦΈΧ ΧΦΌΦ΄ΧΧΦ΅Χ ΧΦΌΧΦΉΧΦ΄Χ, Χ’Φ·Χ ΧΦ°ΧΦ΅Χ ΧΦΈΧΧΦΉΧ β ΧΧΦΌΧͺΦΌΦΆΧ¨ΦΆΧͺ ΧΦ°ΧΦ·Χ’Φ°ΧΦΈΧΦΌ, Χ’Φ·Χ ΧΦ°ΧΦ΅Χ Χ Φ°Χ€ΦΈΧ©ΧΧΦΉΧͺ β ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦΈΧΦΌ!
The Gemara asks: And from where do you say that there is a difference in this case between ab initio and after the fact? As we learned in the mishna: A woman may not seclude herself with them because they are suspected of engaging in forbidden sexual intercourse. And one can raise a contradiction from another mishna (Ketubot 26b): With regard to a woman who was imprisoned by gentiles, if she was imprisoned due to monetary matters she is permitted to her husband even if he is a priest, as there is no concern that she was raped. If she was imprisoned due to a capital offense she is forbidden to her husband if he is a priest, as the captors would not restrain themselves from raping her. The first clause of the mishna in Ketubot rules that a woman who was imprisoned in seclusion with gentiles is not assumed to have engaged in intercourse with them. This apparently contradicts the statement of the mishna here, which rules that a woman may not seclude herself with gentiles.
ΧΦΆΧΦΌΦΈΧ ΧΦΈΧΧ Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ, Χ©ΧΦΈΧΧ Φ΅Χ ΧΦ·Χ ΧΦΌΦ΅ΧΧ ΧΦ°ΧΦ·ΧͺΦΌΦ°ΧΦ΄ΧΦΌΦΈΧ ΧΦ°ΧΦ΄ΧΧ’Φ²ΧΦ·Χ? ΧΦ΄ΧΦΌΦ·ΧΧ? ΧΦΌΦ΄ΧΦ°ΧΦΈΧ ΧΦ°Χ’ΧΦΉΧΦΈΧ ΧΦ΅ΧΧΦΈΧ ΧΦΈΧΦ°: ΧΦ²Χ€Φ΄ΧΧΦΌΧΦΌ ΧΦΌΦ΄ΧΧ’Φ²ΧΦ·Χ Χ ΦΈΧΦ΅Χ ΧΦΈΧ, ΧΦ°ΧΦΈΧΦΈΧ ΧΦ·ΧΦ°ΧΧ ΧΦΌ ΧΦ·Χ’Φ°ΧΦΈΧ, ΧΦΌΦ°ΧΦ΄ΧͺΦ°ΧΦΈΧΧ¨Φ΅Χ ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦΆΧ€Φ°Χ‘Φ΅Χ ΧΦΈΧΧΦΉΧ ΧΦΉ.
The Gemara continues: Rather, isnβt it correct to conclude from here that there is a difference for us between ab initio, as in the mishna here, and after the fact, as in the mishna in Ketubot? The Gemara rejects this conclusion: From where can this be proven? Perhaps I could actually say to you: Generally, even after the fact, one may not assume that a woman who was secluded with a gentile did not engage in intercourse with him, and here, in the mishna in Ketubot, this is the reason that she is permitted to her husband even after having been imprisoned: Since her husband might not agree to pay if his wife was raped, the gentile is fearful of raping her due to the potential loss of his money.
ΧͺΦΌΦ΅ΧΦ·Χ’, ΧΦΌΦ°Χ§ΦΈΧͺΦΈΧ Φ΅Χ Χ‘Φ΅ΧΧ€ΦΈΧ: Χ’Φ·Χ ΧΦ°ΧΦ΅Χ Χ Φ°Χ€ΦΈΧ©ΧΧΦΉΧͺ ΧΦ²Χ‘ΧΦΌΧ¨ΦΈΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦΈΧΦΌ, ΧΦ°ΧͺΧΦΌ ΧΦΈΧ ΧΦ΄ΧΧΦΌΦ΄Χ.
The Gemara adds: Know that this is the explanation, as the latter clause of that mishna teaches: If she was imprisoned due to a capital offense she is forbidden to her husband. Clearly, the difference is that in this case there is no incentive for the gentiles to leave her unharmed. The Gemara concludes: And nothing more needs discussion, as this is certainly the correct interpretation of that mishna.
Χ¨Φ·ΧΦΌΦ΄Χ Χ€ΦΌΦ°ΧΦΈΧͺ ΧΦΈΧΦ·Χ¨: ΧΦΈΧ Χ§Φ·Χ©ΧΦ°ΧΦΈΧ β ΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨, ΧΦΈΧ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ. ΧΦΌΦ΄ΧͺΦ°Χ Φ·Χ ΧΦΌΦ·ΧΦΌΦ΅Χ Χ€ΦΌΦΈΧ¨Φ·Χͺ ΧΦ·ΧΦΌΦΈΧΧͺ: Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΧΦΉΧΦ΅Χ¨: ΧΦ΅ΧΧ ΦΈΧΦΌ Χ Φ΄Χ§ΦΌΦ·ΧΦ·Χͺ ΧΦ΄Χ ΧΦ·ΧΦΌΧΦΉΧΦ΄Χ, ΧΦ·ΧΦ²ΧΦΈΧΦ΄ΧΧ ΧΦ·ΧͺΦΌΦ΄ΧΧ¨Φ΄ΧΧ. ΧΦ·ΧΧ ΧΦΈΧΧ ΧΦΌΦ°ΧΦΈΧ Χ§ΦΈΧΦ΄ΧΧ€ΦΌΦ·ΧΦ°ΧΦ΄Χ, ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ Χ‘ΦΈΧΦ·Χ¨: ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ ΧΦ΄Χ¨Φ°ΧΦ΄ΧΧ’ΦΈΧ, ΧΦ°Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ Χ‘ΦΈΧΦ°Χ¨Φ΄Χ: ΧΦΈΧ ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ ΧΦ΄Χ¨Φ°ΧΦ΄ΧΧ’ΦΈΧ?
Rabbi Pedat said: The contradiction between the mishna, which rules that gentiles are suspected of bestiality, and the baraita, which permits an animal purchased from gentiles to be sacrificed as an offering, is not difficult; this mishna is in accordance with the opinion of Rabbi Eliezer, while that baraita is in accordance with the opinion of the Rabbis. As we learned in a mishna (Para 2:1) with regard to the red heifer of purification: Rabbi Eliezer says that it may not be purchased from gentiles, and the Rabbis permit it to be purchased from gentiles. Rabbi Pedat explains: What, is it not correct to say that Rabbi Eliezer and the Rabbis disagree with regard to this issue, that Rabbi Eliezer holds that we are concerned that a person might have engaged in bestiality with the animal, and the Rabbis hold that we are not concerned that a person engaged in bestiality with the animal?
ΧΦ΄ΧΦΌΦ·ΧΧ? ΧΦΌΦ΄ΧΦ°ΧΦΈΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ ΧΦΈΧ ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ ΧΦ΄Χ¨Φ°ΧΦ΄ΧΧ’ΦΈΧ, ΧΦ°ΧΦΈΧΦΈΧ ΧΦ·ΧΦ°ΧΧ ΧΦΌ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ β ΧΦΌΦ΄ΧΦ°Χ¨Φ·Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ: ΧΦ΄Χ ΦΌΦ΄ΧΧΦ· (Χ’Φ²ΧΦ΅ΧΧΦΆΧ) [Χ’ΦΈΧΦΆΧΧΦΈ] Χ’ΧΦΌΧΦΌΦΈΧ Χ©ΧΦΆΧ Χ©ΧΦ·Χ§ΦΌΦ΄ΧΧ β Χ€ΦΌΦ°Χ‘ΦΈΧΦΈΧΦΌ, ΧΦΌΧΦ°Χ’ΦΆΧΦ°ΧΦΈΧ β Χ’Φ·Χ Χ©ΧΦΆΧͺΦΌΦ΄ΧΦ°Χ©ΧΧΦΉΧΦ° ΧΦΌΦΈΧΦΌ.
The Gemara rejects this conclusion: From where do you know that this is the case? Perhaps everyone agrees that we are not concerned that a person might have engaged in bestiality with the animal, and here, this is the reasoning of Rabbi Eliezer: He holds in accordance with a statement that Rabbi Yehuda says that Rav says. As Rabbi Yehuda says that Rav says: If one placed a bundle of sacks upon a red heifer, he has rendered it unfit for purification, as a red heifer is fit only if it has not borne any burden, in accordance with the verse: βUpon which never came a yokeβ (Numbers 19:2); and in the case of the heifer whose neck is broken, it is not rendered unfit until you pull a load with it, as the verse states: βAnd which has not drawn in the yokeβ (Deuteronomy 21:3).
ΧΦΈΧ¨ Χ‘ΦΈΧΦ·Χ¨ ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ, ΧΦΌΧΦ·Χ¨ Χ‘ΦΈΧΦ·Χ¨ ΧΦΈΧ ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ! ΧΦΈΧ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ°, ΧΦ΄Χ©ΦΌΧΧΦΌΧ Χ Φ΄ΧΧΦΈΧ Χ€ΦΌΧΦΌΧ¨Φ°ΧͺΦΌΦΈΧ ΧΦΈΧ ΧΦ·Χ€Φ°Χ‘Φ΅ΧΧ ΧΧΦΌΧΦΈΧ.
The Gemara elaborates: One Sage, Rabbi Eliezer, holds: A red heifer purchased from a gentile cannot be used for purification because we are concerned that it might have been used for labor, and one Sage, the Rabbis, holds: We are not concerned that the gentile used it for labor. Accordingly, the disagreement in that mishna does not relate to a concern with regard to bestiality. The Gemara responds: No; it cannot enter your mind that Rabbi Eliezer prohibits purchasing a red heifer from a gentile due to the concern that he might have placed sacks upon it, as due to the slight convenience of placing a bundle of sacks upon the heifer, the gentile will not forfeit the potential to earn a great deal of money which he can obtain by selling the heifer.
ΧΦΈΧΦ΄Χ Χ ΦΈΧΦ΅Χ ΧΦ΅ΧΧΦΈΧ: ΧΦ΄Χ©ΦΌΧΧΦΌΧ ΧΦ²Χ ΦΈΧΦΈΧ Χ€ΦΌΧΦΌΧ¨Φ°ΧͺΦΌΦΈΧ ΧΦΈΧ ΧΦ·Χ€Φ°Χ‘Φ΅ΧΧ ΧΧΦΌΧΦΈΧ! ΧΦΈΧͺΦΈΧ, ΧΦ΄Χ¦Φ°Χ¨ΧΦΉ ΧͺΦΌΧΦΉΧ§Φ°Χ€ΧΦΉ.
The Gemara counters: So too, let us say: Due to the slight pleasure of engaging in bestiality with an animal, a gentile will not forfeit a great deal of money which he can otherwise obtain by selling the heifer. The Gemara responds: There, with regard to bestiality, his inclination overcomes him, and he is apt to engage in bestiality with the heifer despite the fact that he knows it is to his disadvantage to do so.
ΧΦ°ΧΦ΄ΧΦ°ΧΦΈΧ ΧΦΌΦ°ΧΧΦΌΧΦΌΦ΅Χ Χ’ΦΈΧΦ°ΧΦΈΧ ΧΦΈΧ ΧΦΈΧΦ°ΧΧ©ΧΦ΄ΧΧ Φ·Χ ΧΦ΄Χ¨Φ°ΧΦ΄ΧΧ’ΦΈΧ, ΧΦ°ΧΦΈΧΦΈΧ ΧΦ·ΧΦ°ΧΧ ΧΦΌ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨, ΧΦΌΦ΄ΧΦ°ΧͺΦΈΧ Φ΅Χ Χ©ΧΦ΅ΧΧΦΈΧ, ΧΦΌΦ°ΧͺΦΈΧ Φ΅Χ Χ©ΧΦ΅ΧΧΦΈΧ: ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨? Χ΄ΧΦΌΦ·ΧΦΌΦ΅Χ¨ ΧΦΆΧ ΧΦΌΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ°ΧΦ΄Χ§Φ°ΧΧΦΌ ΧΦ΅ΧΦΆΧΧΦΈΧ΄ β ΧΦΌΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ΄Χ§Φ°ΧΧΦΌ, ΧΦ°ΧΦ΅ΧΧ ΧΦ·ΧΦΌΧΦΉΧΦ΄Χ ΧΦ΄Χ§Φ°ΧΧΦΌ.
The Gemara suggests: And perhaps everyone agrees that we are not concerned that a person might have engaged in bestiality with the animal, and here, this is the reason of Rabbi Eliezer, in accordance with that which Sheila taught, as Sheila taught in a baraita: What is the reason of Rabbi Eliezer? The verse states: βSpeak unto the children of Israel that they take to you a red heiferβ (Numbers 19:2). This teaches that the children of Israel take the red heifer, but gentiles do not take the red heifer.
ΧΦΈΧ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦΌΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ°, ΧΦΌΦ°Χ§ΦΈΧͺΦΈΧ Φ΅Χ Χ‘Φ΅ΧΧ€ΦΈΧ: ΧΦ°ΧΦ΅Χ ΧΦΈΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ Χ€ΦΌΧΦΉΧ‘Φ΅Χ ΧΦΌΦ°ΧΧΧ ΧΦ·Χ§ΦΌΦΈΧ¨Φ°ΧΦΌΦΈΧ ΧΦΉΧͺ ΧΦΌΧΦΌΧΦΌΦΈΧ. ΧΦ°ΧΦ΄Χ Χ‘ΦΈΧΦ°Χ§ΦΈΧ ΧΦ·Χ’Φ°ΧͺΦΌΦΈΧΦ° ΧΦΌΦ΄ΧΦ°ΧͺΦΈΧ Φ΅Χ Χ©ΧΦ΅ΧΧΦΈΧ, ΧΦΌΦ΄Χ©ΧΦ°ΧΦΈΧΦΈΧ Χ€ΦΌΦΈΧ¨ΦΈΧ β ΧΦΌΦ°ΧͺΦ΄ΧΧ ΧΦΌΦΈΧΦΌ Χ΄Χ§Φ΄ΧΧΦΈΧΧ΄, ΧΦΆΧΦΌΦΈΧ ΧΦΌΧΦΌΧΦΌΦ°ΧΧΦΌ Χ§ΧΧ¨Φ°ΧΦΌΦΈΧ ΧΦΉΧͺ β Χ§Φ΄ΧΧΦΈΧ ΧΦΌΦ°ΧͺΦ΄ΧΧ ΧΦΌΦ°ΧΧΦΌ? ΧΦ°ΧΦ΄ΧΦ°ΧΦΈΧ Χ’Φ·Χ ΧΦΌΦΈΧΧ ΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ Χ’Φ²ΧΦ΅ΧΧΦΌ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨.
The Gemara answers: It should not enter your mind to say so, as the latter clause of that same baraita teaches: And similarly, Rabbi Eliezer would disqualify an animal purchased from a gentile in the case of all offerings. The Gemara elaborates: And if it should enter your mind that Rabbi Eliezerβs reason is in accordance with that which Sheila taught, granted, in the case of the red heifer a term of taking is written, but is a term of taking written with regard to all other offerings? Since a term of taking does not appear in the context of other offerings, this cannot be Rabbi Eliezerβs reasoning. The Gemara suggests: And perhaps the Rabbis disagree with Rabbi Eliezer
ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ°Χ€ΦΈΧ¨ΦΈΧ, ΧΦΌΦ°ΧΦΈΧΦΆΧΧΦΈ ΧΦ°Χ§ΦΈΧ¨Φ΄ΧΧ, ΧΦ²ΧΦΈΧ ΧΦΌΦ΄Χ©ΧΦ°ΧΦΈΧ¨ Χ§ΧΧ¨Φ°ΧΦΌΦ°Χ ΧΦΉΧͺ ΧΧΦΉΧΧΦΌ ΧΦ΅ΧΧΦΌ!
only with regard to the red heifer, as its price is exorbitant, and the Rabbis maintain that the gentile would not risk forfeiting the profit for a temporary benefit. But with regard to the rest of the offerings, which are not exceptionally valuable, they concede to Rabbi Eliezer that animals purchased from gentiles may not be used for these offerings.
ΧΦ°ΧΦΆΧΦΌΦΈΧ ΧΦΈΧ ΧΦΌΦ°ΧͺΦ·Χ Φ°ΧΦΈΧ: ΧΧΦΉΧ§Φ°ΧΦ΄ΧΧ ΧΦ΅ΧΦΆΧ ΧΦΌΦ°ΧΦ΅ΧΦΈΧ ΧΦ°Χ§ΧΧ¨Φ°ΧΦΌΦΈΧ, ΧΦ·Χ ΦΌΦ΄Χ? ΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨ ΧΦ°ΧΦΈΧ Χ¨Φ·ΧΦΌΦΈΧ Φ·Χ!
The Gemara rejects this possibility: But what about that which is taught in the Tosefta, cited earlier: One may purchase an animal from gentiles for use as an offering; in accordance with whose opinion was this taught? It is not the opinion of Rabbi Eliezer nor that of the Rabbis.
ΧΦ°Χ’ΧΦΉΧ, ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ ΧΦΌΦ°ΧΦΆΧΦ°ΧΦΈΧ: ΧΦ·ΧΧ ΧΧΦΉΧͺΦ΄ΧΧΧΦΌ ΧΦ΅ΧΧΦΌ ΧΦ·ΧΦ°Χ¨ΧΦΉΧΦ΄Χ ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨? Χ΄ΧΦΌΧΧ Χ¦ΦΉΧΧ Χ§Φ΅ΧΦΈΧ¨ ΧΦ΄Χ§ΦΌΦΈΧΦ°Χ¦ΧΦΌ ΧΦΈΧΦ°… ΧΦ·Χ’Φ²ΧΧΦΌ ΧΦ°Χ¨ΦΈΧ¦ΧΦΉΧ Χ’Φ·Χ ΧΦ΄ΧΦ°ΧΦΌΦ°ΧΦ΄ΧΧ΄.
And furthermore, it is explicitly taught in a baraita: What did Rabbi Eliezerβs colleagues respond to him with regard to his ruling that an animal purchased from gentiles may not be used as an offering? They quoted a verse: βAll flocks of Kedar shall be gathered together unto you, the rams of Nebaioth shall minister unto you; they shall come up with acceptance upon My altarβ (Isaiah 60:7). Since the Rabbis learn from this verse that animals intended for use in all types of offerings may be purchased from gentiles, there is no reason to assume that they concede to Rabbi Eliezer. Consequently, Rabbi Pedatβs opinion that the mishna is in accordance with the opinion of Rabbi Eliezer, while the baraita is in accordance with the opinion of the Rabbis, remains uncontroverted.
Χ’Φ·Χ ΧΦΌΦΈΧΧ ΧΦΈΧ Χ€ΦΌΦ°ΧΦ΄ΧΧΦ΄Χ ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ·ΧΦ²Χ©ΧΦΈΧ©ΧΦΈΧ, ΧΦ²ΧΦΈΧ ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ°ΧΦ·ΧΦΌΦ·ΧΧ Χ¨Φ·ΧΦ°Χ’Φ·ΧΦΌ β Χ€ΦΌΦ·Χ‘Φ°ΧΦ·ΧΦΌ; Χ©ΧΦ°ΧΦ·Χ’ ΧΦ΄ΧΧ ΦΌΦ·ΧΦΌ ΧΦΌΦ°Χ€ΦΈΧ¨ΦΈΧ Χ§ΧΧΦ°Χ©ΧΦ΅Χ ΧΦ΄ΧΦ°ΧΦΌΦ΅ΧΦ· ΧΦ΄ΧΧ, ΧΦΌΦ°ΧΦ΄Χ Χ§ΧΧΦ°Χ©ΧΦ΅Χ ΧΦΌΦΆΧΦΆΧ§ ΧΦ·ΧΦΌΦ·ΧΦ΄Χͺ β ΧΦ΄Χ ΧΦ·ΧΧ€Φ°Χ‘Φ°ΧΦΈΧ ΧΦΌΦ·ΧΦΌ Χ¨Φ°ΧΦ΄ΧΧ’ΦΈΧ?!
Β§ The Gemara continues to discuss the halakhot of the red heifer. Rabbi Eliezer and the Rabbis disagree only with regard to a case where there is merely a concern that a person engaged in bestiality with the animal. But in a situation where the gentile certainly engaged in bestiality with it, all agree that he has disqualified it as an offering. The Gemara comments: Learn from it that the red heifer is classified as consecrated for the altar, as if it were classified as consecrated for Temple maintenance, does the fact that a person engaged in bestiality with it serve to disqualify it? Items consecrated for the maintenance of the Temple, which are not sacrificed upon the altar, are not rendered unfit by this act.
Χ©ΧΦΈΧΧ Φ΅Χ Χ€ΦΌΦΈΧ¨ΦΈΧ, ΧΦΌΦ°ΧΦ·ΧΦΌΦΈΧΧͺ Χ§Φ·Χ¨Φ°ΧΦ·ΧΧΦΌ Χ¨Φ·ΧΦ²ΧΦΈΧ ΦΈΧ.
The Gemara rejects this conclusion: Although it is classified as consecrated for Temple maintenance, the purification offering of the red heifer is different, as the Merciful One labels it with the term for a sin-offering. Accordingly, the red heifer is subject to the same halakhot as a sin-offering, which means it is disqualified if it is the object of bestiality.
ΧΦΆΧΦΌΦΈΧ ΧΦ΅Χ’Φ·ΧͺΦΌΦΈΧ, ΧͺΦΌΦ΄ΧΧ€ΦΌΦΈΧ‘Φ΅Χ ΧΦΌΦ°ΧΧΦΉΧ¦Φ΅Χ ΧΦΌΧΦΉΧ€ΦΆΧ! ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ ΧΦΈΧΦ΄Χ Χ ΦΈΧΦ΅Χ, ΧΦ·ΧΦΌΦ°ΧΦΈΧ ΧͺΦΌΦ·Χ Φ°ΧΦΈΧ: ΧΦ΄Χ§Φ°ΧΦΌΦ΄ΧΧ©ΧΦΈΧΦΌ ΧΦΌΦ°ΧΧΦΉΧ¦Φ΅Χ ΧΦΌΧΦΉΧ€ΦΆΧ β Χ€ΦΌΦ°Χ‘ΧΦΌΧΦΈΧ, ΧΦ°Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦ·ΧΦ°Χ©ΧΦ΄ΧΧ¨?
The Gemara counters: If that is so, then the red heifer should be disqualified if it was born by caesarean section, as this is the halakha concerning all other sin-offerings. The Gemara adds: And if you would say that indeed, that is so, then why is it taught in a baraita: If one consecrated a red heifer despite the fact that it was born by caesarean section, it is disqualified for use as a red heifer, and Rabbi Shimon deems the heifer fit for use in purification. If, as indicated by the verse, the halakhot of a sin-offering apply to the red heifer, how can Rabbi Shimon deem this animal fit?
ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ, Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦ°ΧΦ·Χ’Φ°ΧΦ΅ΧΧΦΌ, ΧΦΌΦ°ΧΦΈΧΦ·Χ¨: ΧΧΦΉΧ¦Φ΅Χ ΧΦΌΧΦΉΧ€ΦΆΧ ΧΦΈΧΦΈΧ ΧΦ°Χ’Φ·ΧΦΌΦ°ΧΦΈΧ ΧΧΦΌΧ, ΧΦ°ΧΦΈΧΦΈΧΦ·Χ¨ Χ¨Φ·ΧΦΌΦ΄Χ ΧΧΦΉΧΦΈΧ ΦΈΧ: ΧΧΦΉΧΦΆΧ ΧΦΈΧΦΈΧ Χ¨Φ·ΧΦΌΦ΄Χ Χ©ΧΦ΄ΧΦ°Χ’ΧΦΉΧ ΧΦ°Χ’Φ΄Χ Φ°ΧΦ·Χ Χ§ΦΈΧΦΈΧ©ΧΦ΄ΧΧ Χ©ΧΦΆΧΦ΅ΧΧ ΧΦΉ Χ§ΦΈΧΧΦΉΧ©Χ!
The Gemara adds: And if you would say that Rabbi Shimon conforms to his standard line of reasoning, as he says (see Nidda 40a): A baby born by caesarean section is considered a full-fledged offspring and is no different from a baby born in a regular manner, that is difficult: But doesnβt Rabbi YoαΈ₯anan say that Rabbi Shimon would concede with regard to sacrificial animals that an animal born by caesarian section is not consecrated? If so, even Rabbi Shimon should agree that the heifer is disqualified.
ΧΦΆΧΦΌΦΈΧ Χ©ΧΦΈΧΧ Φ΅Χ Χ€ΦΌΦΈΧ¨ΦΈΧ, ΧΧΦΉΧΦ΄ΧΧ ΧΦΌΧΧΦΌΧ Χ€ΦΌΧΦΉΧ‘Φ΅Χ ΧΦΌΦΈΧΦΌ β ΧΦΌΦ°ΧΦ·Χ¨ Χ’ΦΆΧ¨Φ°ΧΦΈΧ ΧΦ·Χ’Φ²ΧΧΦΉΧΦΈΧ ΧΦΈΧ¨ΦΈΧ Χ ΦΈΧΦ΅Χ Χ€ΦΌΧΦΉΧ‘Φ΅Χ ΧΦΌΦΈΧΦΌ, ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧ: Χ΄ΧΦΌΦ΄Χ ΧΧΧ©ΧΦ°ΧΦΈΧͺΦΈΧ ΧΦΌΦΈΧΦΆΧ ΧΧΦΌΧ ΧΦΌΦΈΧΧ΄, ΧΦ°ΧͺΦΈΧ ΦΈΧ ΧΦΌΦ°ΧΦ΅Χ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ΄Χ©ΧΦ°ΧΦΈΧ’Φ΅ΧΧ: ΧΦΌΦΈΧ ΧΦΈΧ§ΧΦΉΧ Χ©ΧΦΆΧ ΦΌΦΆΧΦ±ΧΦ·Χ¨ ΧΦ·Χ©ΧΦ°ΧΦΈΧͺΦΈΧ β ΧΦ΅ΧΧ ΧΦΉ ΧΦΆΧΦΌΦΈΧ ΧΦΌΦ°ΧΦ·Χ¨ Χ’ΦΆΧ¨Φ°ΧΦΈΧ ΧΦ·Χ’Φ²ΧΧΦΉΧΦΈΧ ΧΦΈΧ¨ΦΈΧ.
The Gemara explains: Rather, the red heifer is different: Since a blemish disqualifies it, a matter of licentiousness and a matter of idol worship also disqualify it, as it is written: βNeither from the hand of a foreigner shall you offer the bread of your God of any of these, because their corruption is in them, there is a blemish in themβ (Leviticus 22:25). This verse indicates that corruption is considered a blemish, and the school of Rabbi Yishmael taught: Anywhere that the term corruption is stated, it is a reference to nothing other than a matter of licentiousness and idol worship.
ΧΦΌΦ°ΧΦ·Χ¨ Χ’ΦΆΧ¨Φ°ΧΦΈΧ, ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧ: Χ΄ΧΦΌΦ΄Χ ΧΦ΄Χ©ΧΦ°ΧΦ΄ΧΧͺ ΧΦΌΧΧ ΧΦΌΦΈΧ©ΧΦΈΧ¨ ΧΦΆΧͺ ΧΦΌΦ·Χ¨Φ°ΧΦΌΧΦΉ Χ’Φ·Χ ΧΦΈΧΦΈΧ¨ΦΆΧ₯Χ΄, ΧΦ·Χ’Φ²ΧΧΦΉΧΦΈΧ ΧΦΈΧ¨ΦΈΧ, ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧ: Χ΄Χ€ΦΌΦΆΧ ΧͺΦΌΦ·Χ©ΧΦ°ΧΦ΄ΧͺΧΦΌΧ ΧΦ·Χ’Φ²Χ©ΧΦ΄ΧΧͺΦΆΧ ΧΦΈΧΦΆΧ Χ€ΦΌΦΆΧ‘ΦΆΧΧ΄; ΧΦ°ΧΦΈΧ Χ€ΦΌΦΈΧ¨ΦΈΧ Χ ΦΈΧΦ΅Χ, ΧΧΦΉΧΦ΄ΧΧ ΧΦΌΧΧΦΌΧ Χ€ΦΌΧΦΉΧ‘Φ΅Χ ΧΦΌΦΈΧΦΌ, ΧΦΌΦ°ΧΦ·Χ¨ Χ’ΦΆΧ¨Φ°ΧΦΈΧ ΧΦ·Χ’Φ²ΧΧΦΉΧΦΈΧ ΧΦΈΧ¨ΦΈΧ Χ€ΦΌΦΈΧ‘Φ°ΧΦ΄Χ ΧΦΌΦ·ΧΦΌ.
The Gemara supports this claim: Corruption is a reference to a matter of licentiousness, as it is written with regard to the generation of the flood: βAnd God saw the earth, and, behold, it was corrupt; for all flesh had corrupted their way upon the earthβ (Genesis 6:12). And corruption also is a reference to idol worship, as it is written: βLest you deal corruptly, and make you a graven imageβ (Deuteronomy 4:16). And consequently, with regard to the red heifer also, since a blemish disqualifies it, a matter of licentiousness and idol worship likewise disqualify it.
ΧΦΌΧΦΌΧ€ΦΈΧ, ΧͺΦΌΦΈΧ Φ΅Χ Χ©ΧΦ΅ΧΧΦΈΧ: ΧΦ·ΧΧ ΧΦ·Χ’Φ°ΧΦΈΧ ΧΦΌΦ°Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨? ΧΦΌΦ΄ΧΦ°ΧͺΦ΄ΧΧ: Χ΄ΧΦΌΦ·ΧΦΌΦ΅Χ¨ ΧΦΆΧ ΧΦΌΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ°ΧΦ΄Χ§Φ°ΧΧΦΌΧ΄, ΧΦΌΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ΄Χ§Φ°ΧΧΦΌ, ΧΦ°ΧΦ΅ΧΧ ΧΦ·ΧΦΌΧΦΉΧΦ΄Χ ΧΦ΄Χ§Φ°ΧΧΦΌ. ΧΦΆΧΦΌΦΈΧ ΧΦ΅Χ’Φ·ΧͺΦΌΦΈΧ: Χ΄ΧΦΌΦ·ΧΦΌΦ΅Χ¨ ΧΦΆΧ ΧΦΌΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ°ΧΦ΄Χ§Φ°ΧΧΦΌ ΧΦ΄Χ ΧͺΦΌΦ°Χ¨ΧΦΌΧΦΈΧΧ΄, ΧΦΈΧΦ΄Χ Χ ΦΈΧΦ΅Χ ΧΦΌΦ΄ΧΦ°Χ Φ΅Χ ΧΦ΄Χ©ΧΦ°Χ¨ΦΈΧΦ΅Χ ΧΦ΄Χ§Φ°ΧΧΦΌ, ΧΦ°ΧΦ΅ΧΧ ΧΦ·ΧΦΌΧΦΉΧΦ΄Χ ΧΦ΄Χ§Φ°ΧΧΦΌ?
Β§ Earlier, Sheila provided a rationale for Rabbi Eliezerβs ruling that a red heifer may not be purchased from gentiles. The Gemara examines the matter itself. Sheila teaches in a baraita: What is the reasoning of Rabbi Eliezer? It is as it is written: βSpeak unto the children of Israel that they take to you a red heiferβ (Numbers 19:2). This indicates that the children of Israel take the red heifer, but gentiles do not take the red heifer. The Gemara asks: If that is so, then when the verse states with regard to the donations for the Tabernacle: βSpeak unto the children of Israel, that they take for Me an offeringβ (Exodus 25:2), so too one can claim that only the children of Israel take an offering for God, but gentiles do not take an offering, and that no items for the Temple service may be purchased from gentiles.
ΧΦ°ΧΦ΄Χ ΧͺΦΌΦ΅ΧΧΦΈΧ: ΧΦΈΧΦ΄Χ Χ ΦΈΧΦ΅Χ, ΧΦ°ΧΦΈΧΦΈΧΦ·Χ¨ Χ¨Φ·Χ ΧΦ°ΧΧΦΌΧΦΈΧ ΧΦΈΧΦ·Χ¨ Χ©ΧΦ°ΧΧΦΌΧΦ΅Χ: Χ©ΧΦΈΧΦ²ΧΧΦΌ ΧΦΆΧͺ Χ¨Φ·ΧΦΌΦ΄Χ ΧΦ±ΧΦ΄ΧΧ’ΦΆΧΦΆΧ¨: Χ’Φ·Χ ΧΦ΅ΧΧΦΈΧ ΧΦΌΦ΄ΧΧΦΌΧΦΌΧ ΧΦΈΧ ΧΦΈΧΦ΅Χ? ΧΦΈΧΦ·Χ¨ ΧΦΈΧΦΆΧ: Χ¦Φ°ΧΧΦΌ ΧΦΌΧ¨Φ°ΧΧΦΌ ΧΦΈΧ Χ’ΦΈΧ©ΧΦΈΧ ΧΦΌΧΦΉΧ ΧΦΆΧΦΈΧ ΧΦ°ΧΦΈΧΦ΄ΧΧ ΧΦΌΦ°ΧΦ·Χ©ΧΦ°Χ§Φ°ΧΧΦΉΧ, ΧΦ°ΧΦΈΧΦΈΧ ΧΦΌΦΆΧ Χ Φ°ΧͺΦ΄ΧΧ ΦΈΧ Χ©ΧΦ°ΧΧΦΉ. Χ€ΦΌΦ·Χ’Φ·Χ ΧΦ·ΧΦ·Χͺ ΧΦΌΦ΄Χ§ΦΌΦ°Χ©ΧΧΦΌ ΧΦ΄ΧΦΌΦΆΧ ΦΌΧΦΌ ΧΦ²ΧΦΈΧ Φ΄ΧΧ ΧΦΈΧΦ΅Χ€ΧΦΉΧ
And if you would say that indeed, that is so, this cannot be correct. But doesnβt Rav Yehuda say that Shmuel says: The Sages asked Rabbi Eliezer: To what extent must one exert himself to fulfill the mitzva of honoring oneβs father and mother? Rabbi Eliezer said to them: Go and see what a certain gentile did for his father in Ashkelon, and his name is Dama ben Netina. Once, the Sages sought to purchase precious stones from him for the ephod of the High Priest