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1) CAN A "SAFEK HETER" PERMIT WHAT WAS DEFINITELY FORBIDDEN? (Cont.)

(a) Question (Beraisa - R. Yehudah): A case occurred, a slave miscarried, and dropped the miscarriage into a pit. A Kohen stood over it to see if it was a male or female - Chachamim ruled that he is Tahor, because weasels are often in pits, perhaps they dragged the miscarriage away and he was not over it.

1. There definitely was a miscarriage in the pit, we are unsure if it was dragged away, and we assume that it was!

(b) Answer #1: She dropped a fetal sac in the pit (perhaps no baby was inside, and it is not Tamei).

1. Objection: It says that a Kohen looked to see if it was a male or female!
2. Answer: It means, he looked to see if it was a miscarriage or not; and if it was a miscarriage, whether it was male or female.

(c) Answer #2: Since weasels are in the pit, certainly they dragged it away.

(a) Question (against Reish Lakish - Mishnah): If one finds a form of a hand or leg, it is forbidden, for such forms are Ne'evadim.

1. Even though it is a fragment, they worship it!

(b) Answer: Shmuel already answered, the case is, it rests on a base.
(c) Question (Mishnah): An idolater can nullify his idol or the idol of another Nochri (e.g. by breaking it); a Yisrael cannot nullify the idol of a Nochri.

1. Reish Lakish permits an idol that broke by itself - likewise, this should be permitted!

(d) Answer #1 (Abaye): The case is, the Yisrael did not break off a piece, he bashed in the face.

1. Question: This is also considered like breaking it!

i. (Mishnah): If a Nochri bashed in the face, it is nullified, even though nothing broke off.

2. Answer: That is only when a Nochri bashes it (it proves that he despises it), not if a Yisrael does (Nochrim will not realize that the idol is helpless, they will assume it did not bother to defend itself).

(e) Answer #2 (Rava): Mid'Oraisa, also if a Yisrael bashed in the face, it is nullified;

1. Chachamim decreed that it is not nullified, lest the Yisrael pick it up (and acquire it) before nullifying it;
2. If a Yisrael owns idol, he cannot nullify it.

(f) Question (Beraisa): If a Nochri used stones from Markulis (an idol made of stones) and built them into a road or theatre, they are permitted; if a Yisrael did so, they are forbidden.

1. Even though the rocks are fragments, they are forbidden!

(g) Answer: Rava's answer applies (this is only a decree).
(h) Question (Beraisa): If a Nochri ground up an idol because he needed the rubble, the (rest of the) idol and the shavings are permitted; if he did so to beautify the idol, it is forbidden, the shavings are permitted;

1. If a Yisrael did so, in either case it and the shavings are forbidden.
2. This shows that even fragments are forbidden!

(i) Answer: Rava's answer applies.
(j) Question (Beraisa - R. Yosi): To dispose of idols, one should grind it up and throw the dust into the wind or the sea;
(k) Chachamim: He may not throw it into the wind, for it will fertilize the ground - "Lo Yidbak b'Yadcha Me'umah Min ha'Cherem"!

1. This shows that even fragments are forbidden!

(l) Answer: Rava's answer applies.
(m) Question (Beraisa - R. Yosi ben Yasi'an): If one finds the form of a Darkon (dragon-like serpent) with its head cut off, we are not sure if a Yisrael or Nochri cut it off, it is permitted;

1. If we know that a Yisrael cut it off, it is forbidden.
2. Reish Lakish permits an idol that broke by itself - likewise, this should be permitted!

(n) Answer: Rava's answer applies.
(o) Question (Mishnah - R. Yosi): Even vegetables under an Asheirah in winter are forbidden, for the leaves that drop fertilize the vegetables.

1. Reish Lakish permits an idol that broke by itself - likewise, this should be permitted!

(p) Answer: This case is different, the primary part of the idol (the tree) is intact.

(q) Question: When a Nochri took shavings from an idol to beautify it, it is forbidden, the shavings are permitted!
(r) Answer (Rav Huna brei d'Rav Yehoshua): Idols are not nullified in the normal course of their growth (leaves fall off).

(a) Question (Reish Lakish - Mishnah): A nest on a Hekdesh tree - it is forbidden to benefit from it, one who benefits from it did not transgress Me'ilah;

1. A nest on an Asheirah tree - one knocks it down with a stick (and he may benefit from the nest).
2. (We are thinking that the bird made its nest from the wood of the tree; when the wood breaks off, it is permitted!)

(b) Answer #1: The case is, the bird made its nest from wood of other trees.

1. Support (beginning of the Mishnah): A nest on a Hekdesh tree - it is forbidden to benefit from it, one who benefits from it did not transgress Me'ilah.

i. If the wood was from other trees, we understand this - it is forbidden to benefit from it mid'Rabanan, one who benefits from it does not transgress Me'ilah mid'Oraisa, because the wood is Chulin;
ii. But if the wood was from the tree itself, it is Hekdesh, he transgresses Me'ilah!

2. Rejection: The case is, the nest was made from what grew after the tree was made Hekdesh; the Tana holds that Me'ilah does not apply to what grows from Hekdesh.

(c) Answer #2 (R. Avahu): The Mishnah means, one knocks *the chicks* down with a stick, and he may benefit from them.
(d) (R. Yakov): Whether the nest was in a Hekdesh or Asheirah tree, the chicks are permitted; in either case, the eggs are forbidden (since they need the tree, Chachamim decreed not to benefit from them, lest one come to benefit from (or climb up) the tree).
(e) (Rav Ashi): Chicks that need their mother are like eggs.

(a) (Mishnah): If one finds vessels on which there is the form of the sun, moon or a Darkon, he should cast them into the Dead Sea (it is forbidden to benefit from them);
(b) R. Shimon ben Gamliel says, images on dignified (vessels) are forbidden, those on disgraceful (vessels) are permitted.
(c) (Gemara) Question: Are these the only things that are Ne'evadim?!

1. Contradiction (Beraisa): If one slaughters as an act of worshipping mountains, hills, seas, rivers, the wilderness, the sun, moon, stars, constellations, Micha'el (the great ministering angel), or the angel that oversees a worm - this is an offering to idolatry.

(d) Answer (Abaye): Idolaters worship everything; only these three things are engraved (on vessels) and Ne'evadim;

1. Anything else engraved on vessels is merely for decoration.

(e) (Rav Sheshes - Beraisa): All (images of) constellations are permitted, except for the sun and moon; all Partzufim (faces of humans, animals or birds - we shall simply call these faces) are permitted, except for a human face; all forms are permitted, except for a Darkon.
(f) Question: What does it mean, 'all the constellations are permitted, except for the sun and moon'?
(g) Answer #1: It is permitted to *make* images of them.
(h) Rejection "Lo Sa'asun Iti" - do not make things in the form of My servants!
(i) Answer #2: If one finds such images, it is permitted to benefit from them.

1. (Mishnah): If one finds vessels on which is the form of the sun, moon or a Darkon, he should cast them into the Dead Sea.

(j) Question: But the second clause of the Beraisa says 'all faces are permitted, except for a human face' - if one finds a human face it is permitted!

1. The Mishnah only forbids the form of the sun, moon or a Darkon on vessels, not a human face!

(k) Retraction: Really, Answer #1 is correct, the Tana expounds as Rav Huna brei d'Rav Yehoshua does (43A, the verse forbids making human faces).