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CHARTS FOR LEARNING THE DAILY DAF
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Bava Kama Chart #4b
Bava Kama Daf 13a
WHICH TYPES OF KODSHIM KALIM ARE CONSIDERED
"MEMONO," "HIS PROPERTY," ACCORDING TO BEN AZAI?(1)
LISHNA BASRA (RAVINA)
according to Ben Azai
(& some say even Bechor)(2)
||ABA YOSI BEN DUSTA'I,
according to Ben Azai
(1) From the words of Rashi (DH Matnos Kehunah) it seems that Ben Azai
intends to *explain* the opinion of Rebbi Yosi ha'Gelili and not to argue
with him. For this reason, we have written here that Ben Azai stated his
opinion in accordance with the view of Rebbi Yosi ha'Gelili. However, the
Ra'avad (in the Shitah Mekubetzes) says that Ben Azai is arguing with Rebbi
Yosi ha'Gelili. Rebbi Yosi ha'Gelili himself holds that Bechor, Shelamim,
and Ma'aser Behemah are *all* considered property of the owners, "Memono."
This also seems to be the view of Rashi in Chulin (137a, DH b'Kedushah) and
in Temurah (8a, DH l'Rabos). (See Rashash in Chulin there.)
(2) This is the opinion of the Ra'avad, according to his first explanation.
According to this, the Tana Kama and Aba Yosi are only arguing whether or
not a Bechor is more Kadosh than Shelamim or less Kadosh than Shelamim.
According to Aba Yosi, it is only necessary to mention that Bechor is
"Memono," and we would know, Kol she'Ken, that Shelamim is "Memono."
According to the Tana Kama, it is only necessary to mention that Shelamim is
"Memono" (since it is more Kadosh), and we would know, Kol she'Ken, that
Bechor is as well. The explanation of the Ra'avad is consistent with his
reasoning that we cited in the Insights here (13:1:b). However, according to
what we wrote there (1:a) to explain the view of *Rashi*, the opinion that
holds that Shelamim is more Chamur than Bechor is referring to Bechor in
*Chutz la'Aretz*, and the opinion that holds that Bechor is more Chamur than
Shelamim is referring to Bechor in *Eretz Yisrael*. Thus, according to all
opinions, a Bechor in Chutz la'Aretz is the least Chamur of all, Shelamim is
more Chamur than Bechor in Chutz la'Aretz, and Bechor in Eretz Yisrael is
the most Chamur of all (see Insights).
(3) This Lishna Basra is refuted by the Gemara, due to the fact that Aba
Yosi said, "Ben Azai only said Bechor 'Bilvad' (alone)!" implying that he is
excluding Shelamim as well, like the Lishna Kama.
(4) This is how most of the Rishonim and Acharonim explain. However, the
Talmidei Rabeinu Yisrael (in the Shitah Mekubetzes) explain that even
according to the Lishna Kama, the Tana Kama and Aba Yosi are not arguing
(similar to the first explanation of the Ra'avad in the Lishna *Basra*, see
footnote #2 above).
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