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1) LASHES FOR MUZZLING

(a) (R. Yochanan): If Reuven muzzled a threshing cow with his voice (he yelled to stop it from eating) or caused diverse species to lead a wagon, he is liable;
(b) (Reish Lakish): He is exempt.

1. R. Yochanan holds that (voices made through) moving his mouth is considered an action; Reish Lakish says, it is not.

(c) Question (R. Yochanan - Mishnah): ...Not that it is permitted to make Temurah (to say that a Chulin animal should be in place of a sacrifice), rather, if one did, he receives forty lashes.
(d) Answer (Reish Lakish): That is according to R. Yehudah, who says that one is lashed even for a Lav without an action.
(e) Question: The Mishnah cannot be R. Yehudah - the beginning of the Mishnah says, 'Anyone can make Temurah, both men and women.'

1. Question: What does 'Anyone' come to include?
2. Answer: An heir.
3. Summation of question: This is unlike R. Yehudah -- he says that an heir cannot make Temurah or do Semichah (lean on the neck of the sacrifice)!

(f) Answer: The Tana agrees with R. Yehudah regarding lashes, he argues with him regarding heirs.
(g) (Beraisa): If Reuven muzzled Shimon's cow (which he was renting or borrowing) and threshed with it, he is lashed and pays four Kavim (the estimated amount it would have eaten) for muzzling a donkey, he is lashed and pays three Kavim.
(h) Question: The general rule is, a person does not pay and receive lashes for one transgression!
(i) Answer #1 (Abaye): The Beraisa is R. Meir, who says that a person pays and receives lashes.
(j) Answer #2 (Rava): The Torah disqualifies a harlot's hire from being a sacrifice, even if a man hired his mother. (Even though he is liable to death for relations with her, so Beis Din cannot make him pay, if he pays, it is disqualified - it is considered payment because he truly owes her; to fulfill his obligation (at the hands of Heaven) he must pay. Also by muzzling, even though Beis Din cannot make Reuven pay (since he is lashed), he is obligated to pay four Kavim. (Some say - if Shimon took the money, Beis Din does not make him return it.))
(k) Answer #3 (Rav Papa): From the moment he pulled the cow (to begin his rental or borrowing), he is obligated to feed it; he is not liable for lashes until he threshes with it. (Since the obligations come at different times, he pays and is lashed.)

(a) Rav Papa: Dvei Rav Papa bar Aba asked me if one may knead a dough with milk; I answered 'No' - this was correct.

1. (Beraisa): We may not knead a dough with milk; if one did, it is forbidden; lest he eat it with meat;
2. We may not smear an oven (for baking bread) with lard; if one did, the first bread cooked inside is forbidden (unless the oven was heated up beforehand).

(b) Rav Papa: Dvei Rav Papa bar Aba asked me if one may put diverse species in a pen together; I answered 'No' - this was incorrect.

1. (Shmuel): To kill or lash people for forbidden relations, the witnesses must see them act as adulterers; to be liable for crossbreeding animals, one must bodily mate the male with the female.

(c) Question (Rav Achdevoy bar Ami - Beraisa): Had it only said "Behemtecha Lo Sarvia", one might have thought that the Torah forbids holding a (female) animal when in mates (even with a male of the same species) - the verse adds "Kilayim" (to teach that the prohibition is only by diverse species).

1. Suggestion: This teaches that one is liable for Kilayim just for holding the female!

(d) Answer: No - 'holding' (in the Beraisa) is a polite way of saying 'bodily mating (a male with a female)'.
(e) (Rav Yehudah): Within one species, one may bodily mate a male with a female; we are not concerned that this will arouse his lust.
(f) Question: Why not?
(g) Answer: He is occupied with his job.
(h) Question (Rav Achdevoy bar Ami - Beraisa): Had it only said "Behemtecha Lo Sarbi'a", one might have thought that the Torah forbids holding a (female) when in mates (even within one species) - the verse adds "Kilayim".

1. Suggestion: This teaches it is forbidden to hold the female by Kilayim, but it is permitted within one species;

i. Within one species, only holding the female is permitted!

(i) Answer: No - 'holding' is a polite way of saying 'bodily mating'.
(j) Question (dvei Ravna Nechemyah Reish Galusa): May one put a species in a pen with its own and a different species?

1. Do we assume it will mate with its own species?
2. Or - are we concerned it will mate with the other species?

(k) Rav Ashi: I told him this is forbidden - this is not the Halachah;

1. I was stringent (by him), lest his slaves come to lewdness.

(a) (Mishnah): If a worker was working only with his hands, or only with his legs, even just with his shoulders, he eats;
(b) R. Yosi b'Rebbi Yehudah says, he only eats if he works with his hands and legs.
(c) (Gemara) Question: What is (Chachamim's) reason?
(d) Answer: "Ki Savo b'Cherem Re'echa" - whatever work you do there.
(e) (Mishnah): R. Yosi b'Rebbi Yehudah says, he only eats if he works with his hands and legs.
(f) Question: What is R. Yosi's reason?
(g) Answer: He learns from an ox: an ox only eats when it works with its hands (forelegs) and (hind) legs - also, a person.
(h) Question (Rabah bar Rav Huna): According to R. Yosi b'Rebbi Yehudah, if a chicken threshes, may one muzzle it?

1. Since it works with its full strength, he must let it eat;
2. Or - perhaps the only requirement to let an animal eat is when it works with four limbs?
3. This question is not resolved.

(a) (Rav Nachman): Workers (to stomp grapes) that did not yet traverse the length and width of the winery, they may eat grapes but may not drink wine (they are working with grapes, but they have not yet made wine);

1. After traversing the length and width of the winery, they may eat grapes and drink wine.

(b) (Mishnah): If Reuven was working with dates, he may not eat grapes, and vice-versa;
(c) A worker may withhold from eating until he reaches the place of good produce;
(d) Letter of the law, workers should only eat while working; to reduce the time they are idle from work, Chachamim permitted them to eat while walking from row to row or returning from the winepress;

1. A donkey may eat while they unload it

(e) (Gemara) Question: If Reuven is working on one vine, may he eat from another vine?

1. If the only requirement is that he eat from the same species he harvests for the owner - he may eat;
2. Or - perhaps he may eat only from what he is harvesting?
3. Question: If he may eat only from the vine he works on, how can an ox eat while working with attached produce? (Rashi - the workers harvest vines by the wagon it pulls - its head is far ahead, by different vines! Tosfos - when threshing attached produce, it cannot eat from the stalk it threshes!)
4. Answer (Rav Shisha brei d'Rav Idi): It may eat from a very long vine or stalk (that stretches to where its head is).

(f) Answer #1 (Mishnah): If Reuven was working with dates, he may not eat grapes.

1. Inference: This is because grapes do grow on the same tree and are a different species - but he may eat dates from a different tree - this settles our question!

(g) Rejection (Rav Shisha brei d'Rav Idi): No - the date branches are draped over the vines (or vice-versa), it is like eating from the same tree (we may only infer that he may eat dates of the same tree, which is no Chidush).
(h) Answer #2 (Mishnah): A worker may withhold from eating until he reaches the place of good produce.

1. If Reuven may eat from a different vine than the one he is working on, he may immediately eat from the good produce!

(i) Rejection: No - he must wait until he gets there so he does not detract time from his work.
(j) Clarification: This is obvious - the question was, if his wife or children may bring him from other vines (he would not detract from his work).
(k) Answer #3 (Mishnah): Letter of the law, workers should only eat while working; to reduce the time they are idle from work, Chachamim permitted them to eat while walking from row to row or returning from the winepress.

1. Version #1 - Suggestion: Walking is like working (on the vine he approaches), and even so, mid'Oraisa he may not eat (because he is entitled to eat only from the vine he is working on, and he is not there yet), he eats only on account of the enactment.

(l) Rejection: Walking is not like working, therefore, mid'Oraisa he may not eat - but when working, he may eat even from vines he is not working on.

1. Version #2 - Suggestion: Walking is like not like working, therefore, mid'Oraisa he may not eat - but if it was like working, he would be entitled to eat (even though he is not working on this (or any other) vine now!

(m) Rejection: Walking is like working; even so, mid'Oraisa he may not eat because a worker may eat only from the vine he is working on.
(n) (Mishnah): One must let a donkey eat while they unload it
(o) Question: (They unload it at once) - what does it eat?
(p) Correction: Rather, one must let a donkey eat until they unload it.

1. (Beraisa): One must let a donkey or camel eat from the load it carries.