1) If you find money between two Shofros, whichever one it’s closer to, we put it in there even if it’s a leniency. However, if it’s halfway between the voluntary Olos and Shekalim, we stringently put it by the voluntary Olos Shofar. The reason it’s considered a stringency, although they both go to buy Korbanos, but, perhaps, if it’s Shekalim, it would fall into the share of the leftovers of the Lishka and is not brought as a Korban, but for the city’s walls. Alternatively, the rabbis enacted that, in this case, it should be like the owners died, and it falls to voluntary Olos. Although this also applies to between the two birds Shofros, it falls to the voluntary Olos birds, and Chatos money that the owner died doesn’t fall to it, but that they enacted it should be like leftovers of Chatos that fall to it because of a condition Beis Din makes.
2) Although, when listing the Shofros in the last Perek, the Shekalim were listed first and the voluntary Olos last, so it would seem that they were on opposite sides and can’t have money between them; we must say that they were in a circle, and thus, next to each other.
3) (The leftover of the Asiras Ha’eifa of the Kohein Gadol; R’ Lazar holds that it falls to voluntary Olos, and R’ Yochanan doesn’t include it in this rule, so it must be thrown out in the Dead Sea.)
4) If it falls between the voluntary Olos birds and the obligated Chatos and Olah bird; we send it to the voluntary Olos Shofar. Although there might be a lady missing her bird, but just like we place on the bird provider to give another pair for what becomes Pasul, we make them give for the Safeik too.
5) If you found money in Yerushalayim, if it's in front of an animal dealer's stable, we can always assume that it's Maasar money. If it was found on the Temple Mount, it's always Chulin (even during the Regel when most people are carrying Maasar money), since we assume it fell during most of the year when it's not the Regel. (Although we may assume that it came from the Lishka money, but we have a Chazaka that it won’t leave the Mikdash until it was redeemed on an animal.) If it's found in the rest of Yerushalayim, then it's Chulin during the rest of the year, and Maasar during the Regel.
6) Meat found in the Azara; big limbs are from Olos, pieces are from Chatos. If found in Yerushalayim, they’re Shlomim. However,we need to wait until they all become Nossar and take it to the burning area to burn it. Although you don’t need to worry about Tumah since Safeik Tumah in a Reshus Harabim is Tahor, you still can’t eat it since you need to worry that it was already Nossar. However, you can’t burn it until you know for sure it’s Nossar.
7) If it’s found in the rest of Eretz Yisrael, you need to assume the large limbs are Neveila, and the pieces are Kosher. However, during the Regel when there’s an abundance of meat, we can assume the large limbs are also Kosher.
8) The same way what we assume to be Heter has a strong Chazaka that way to allow us to eat it, so too the Neveila, we have a Chazaka that it’s so strong even to give Malkos to one who eats it.
9) In all instances, if you find them tied together, you can assume that it was Kosher since it’s not normal to tie together Neveila.
10) If you found meat in the street, we say that whatever gets separated from its "place of establishment," it was separated from the majority. Therefore, if the majority of stores are Kosher, it’s Kosher, if the majority are not Kosher, it’s not Kosher. However, if you don’t remember which one you took it from, it’s forbidden, but you don’t get Malkos for it since a Safeik that happens in the place that the stores are established in one place, we view it as if it's a fifty/fifty chance.
11) If you find it in the hands of a non-Jew, it’s like you found it in the street if you see him left a Jewish market. However, if you didn’t see him leave a Jewish market, you need to worry that he chopped the meat of his horse (or other animal).
12) If someone didn’t want to sell someone meat, but then sold some to a non-Jew. The other Jew bought it off the non-Jew and told the seller that he tricked him to buy his meat, and the seller retorted that the meat he sold the non-Jew was a Neveila; he’s not believed to make any meat in the marketplace Neveila.
13) When Rav came to Bavel and saw that they were very lenient regarding meat, Rav forbade Basar Hanisaleim Min Hayin and you have to watch the meat constantly. When someone washes meat in the river, and fell in, and he found it; it’s possible that the first one floated away, and this is another piece. Also, in a case of a bird that grabs a piece of meat and dropped it ,it’s forbidden since it might have dropped Neveila to grab your meat.
14) The same is true when a river floated away a flask, you need to have a Siman in it to assume it’s Kosher.
15) If you find a roasted goat in a Reshus Harabim, it’s permitted to keep, and it’s not stealing, since we assume that the owners had Yiyush, (and the same if you save from a lion, pillagers and rivers), and you don’t need to worry that it was killed by a non-Jew, since we follow the majority of the travelers on the road.
16) If you found an animal from Yerushalayim until Migdal Eider, or its distance in all directions: you need to worry that it’s an escaped Korban. Thus, a male within its first year, you have to worry that it might be an Olah, and if it’s a female you need to be concerned that it’s a Shlomim. (R’ Yehuda says: if it’s fit for a Korban Pesach, you can bring it as a Pesach if you found it within thirty days of Pesach.)
17) Although a male could also be a Shlomim, therefore, R’ Hoshiya the Great held that, in order to bring it like all the Karbanos that we have a Safeik for, you need to decide to acquire it and owe the money for it, and with the money, bring all the Korbanos. R’ Yochanan asks: how can you sin (by doing Meila) so that your friend will gain that his Korban is brought? Rather, you follow the majority of animals. (Thus, if the majority of animals are females that must be a Shlomim, we’ll say the males are also Shlomim, but if there’s mostly males, it’s an Olah.) However, the Gemara asks: even if most of them are males, why can’t you say that this one is a Shlomim? Rather, you need to wait until it gets a blemish, and then you can redeem it.
18) R’ Zeira answers: we must say it’s a condition made by Beis Din that lost male animals are brought as Olos the same way that they enacted that the leftovers of Korbanos should go for an Olah too.
19) Originally, we took a collateral from the finder to bring the Nesachim for these Korbanos. However, when they saw that people were running away from the lost animals because of this, they enacted that the Nesachim shall come from the public.
20) Also, they enacted that a non-Jew that sends a Korban without Nesachim, or when a Ger dies leaving a Korban without Nesachim; the Nesachim are brought from the public.
21) Shmuel says: if someone gives his Shekel and dies, his Shekel falls to the voluntary Olos.
22) The leftover of the Asiras Ha’eifa of the Kohein Gadol; R’ Lazar holds that it falls to voluntary Olos, and R’ Yochanan doesn’t include it in this rule, so it must be thrown out in the Dead Sea.
23) The Asiras Ha’eifa of the Kohein Gadol; R’ Yochanan says that they split it (half for the morning, and the other half for towards evening), and then made it Kodesh, and R’ Shimon b. Lakish says that they made it Kodesh before they split it.
24) We say that if the second half becomes Tamai, he brings another Asiras Ha’eifa and half is brought and half is lost. Although, according to R’ Yochanan that they split it before making it Kodesh, you shouldn’t need to make the second half Kodesh for no reason in order to destroy it; R’ Yochanan is consistent to what he said earlier that the leftover of the Asiras Ha’eifa of the Kohein Gadol must be thrown out in the Dead Sea, and this second half is no worse than leftovers.
25) We see that if they needed to appoint another Kohein Gadol in the evening, he brings another Asiras Ha’eifa and brings half, and the two halves of the two Kohein Gadols that weren’t brought needs to wait until its Nossar and be burnt. This is even according to R’ Yochanan that it needs to be burned and we don’t just say that it is thrown out in the Dead Sea since you don’t need to make it Kodesh, since this is said according to R’ Yishmael who held that, anything placed in a Kli Sharies, it’s automatically Mekudash.
26) When a Kohein does Avodah for the first time in his life, he brings an Asiras Ha’eifa. If he, or the Kohein Gadol, does Avodah without the Asiras Ha’eifa, the Avodah is still Kosher (Gra’s text is that it’s Pasul). If the Kohein who does Avodah for the first time in his life is also appointed Kohein Gadol, he brings two Asiras Ha’eifas, one for his inaugural Avodah, and one for the obligation of the day for the Kohein Gadol.
27) We have a Hekish between the baking of the Asiras Ha’eifa to its bringing. Therefore, it must be baked at the time of bringing. Although we say that those who prepared the Chavitin (I.e., Asiras Ha’eifa) prepared it in the morning before dawn; that’s only warming up water to soften the dough, but not the baking.
28) The Pasuk says to bake it “Tei’afni.” The Tanna Kama splits the word to explain that you bake it Na, I.e., before it was cooked completely. Rebbi explains it as Naah, while it’s beautiful. Therefore, based on these explanations; R’ Yossi quotes R’ Chanina that they first deep fried it partially, and then baked it like the Tanna Kama’s explanation, it’s baked after it’s partially cooked. However, R’ Acha quotes R’ Chanina that they first baked it before deep frying. After all, he explains like Rebbi that it needs to be baked while it’s still white and clean, and not after it gets darkened by the oil.
29) It’s not only if the Kohein Gadol dies is his second half is pushed off from being brought, but also if he became blemished. (However, if he became Tamai, which doesn’t push it off completely, is in unresolved inquiry if his second half gets pushed off.)
30) If the Kohein Gadol dies, and before they appointed another Kohein Gadol; R’ Yehuda says: the Asiras Ha’eifa comes from his heirs, and they bring a full Asiras Ha’eifa by day and night (and not one Asiras Ha’eifa, half by day and half by night like the Kohein Gadol did). R’ Shimon says that it comes from the public, however, the rabbis enacted that they shouldn’t start collecting it from the public, but they take it from the Trumas Halishka.
31) According to R’ Yehuda, the Asiras Ha’eifa comes from his heirs, and they bring a full Asiras Ha’eifa by day and night, and he needs a full frankincense for each (the Rabanan held one Kometz, and Abba Yossi b. Dustai needs two) and three Lugim of oil for each one (as we learn the frankinsense from Lechem Hapanim and oil from the Mincha of the Tamid, and they had a full amount per Asiras Ha’eifa).
32) From the Torah, only the Parah Aduma itself has Meila, and not its ash. However, once people started using it to dress their wounds, the rabbis enacted Meila on it. However, after people completely separated themselves from it, they reenacted not to have Meila on it.
33) If birds were brought became Pasul (and there a lady missing her birds and we don’t know who), the Tanna Kama says that a replacement was brought from the public. R’ Yossi held we place on the bird provider to give another pair. If money falls between the voluntary Olos birds and the obligated Chatos and Olah bird; we send it to the voluntary Olos Shofar, and although there might be a lady missing her birds, we also place on the bird provider to give another pair for the Safeik.
Perek 8
1) R’ Meir says: they didn't enact that regular spittle is Tamai in Yerushalayim (like they did in the rest of Eretz Yisrael since it might have came from a Zav) except by the upper market (where the non-Jewish launderers stay, and also those who butcher wild donkeys (for the king’s lions) and they enacted that non-Jews are Tamai like a Zav.)
2) Regarding blood of a Neveila, there’s an argument if it’s Tamai, and you need a Revious to make items Tamai, since it can congeal to become a Kazayis, or that it's never Tamai since the blood is not like its meat. A Sheretz makes items Tamai by the size of a lentil, but they don’t Machsher food to be susceptible to Tumah.
3) R’ Yossi held, regarding spittle, that most of the year when most people don’t necessary keep themselves Tahor, what’s in the middle of the street is Tamai, and what’s on the side is Tahor. However, during the Regel when most people are Tahor, the spit in the middle is Tahor, and at the side is Tamai since the minority of the people separate to the side of the road. (Hence, during the year, the Tahor people announce for the the other people to separate from them, and during the Regel, the Tamai people announce for people to separate from them.)
4) R’ Meir says : Safeik Tamai utensils in Yerushalayim is only Tamai when it's found leading down to the Mikvah, but it's not Tamai if found on the path from the Mikvah's exit. Although they didn't enact Safeik Tumah on utensils in Yerushalayim, when it’s heading down to the Mikvah, it proves it must be Tamai.
5) R’ Yossi holds they’re all Tamai except for baskets, shovels and hoes that are designated for burials.
6) If you find a knife on the fourteenth, you can Shecht with it right away, and you don't need to suspect it's Tamai, since you assume that it was Toiveled the day before, since the owner couldn't have waited for this day to Toivel since it would be a T'vul Yom. However, when you find it on the thirteenth, you need to Toivel it, since the owners could have pushed its Teveila off for later on in the day. However, if you find a cleaver (that's main use is to break bones), you need to Toivel it even on the fourteenth (since it’s only needed for Yom Tov, since you can’t break bones of the Korban Pesach). However, if the fourteenth was on Shabbos, (or you found it on Yom Tov), you can assume that it was Toiveled on an earlier day since you can't Toivel it on Shabbos and Yom Tov, and they need it to be completely Tahor by the fifteenth in order to chop the bones of the fifteenth Chagiga. If the cleaver was tied to the knife, we can assume that the cleaver is also Tahor, or else the owner wouldn’t tie it to a Tahor knife.
7) If the curtain became Tamai with a V’lad Hatumah (which is only rabbinic), you can Toivel it in the Mikdash and put it back right away. However, if it became Tamai with an Av Hatumah, you need to Toivel it outside the Mikdash and spread it out in the Chayil area since you need to wait until nightfall for it not to be a T’vul Yom to put it back in. If it was new, then they spread it on top of the gazebos’ roofs to show off how nice their work is (through their donations).
8) The amount of threads that are combined to one thick thread for the curtains is an argument whether it’s twenty four, thirty six or forty eight.
9) The Peroches was woven, so they made different images for the two sides (a lion on one side, and an eagle on the other). However Mesach (the curtain separating the Ohel Moed and the Chatzar in the Mishkan) was made by sewing the image, so it’s an argument between R’ Yehuda and R’ Nechemia if it’s a lion on one side, and blank on the other, or if it’s also a lion on one side, and an eagle on the other.
10) Kodesh Hakodshim meat that became Tamai, whether with an Av Hatumah or V’lad Hatumah or if it became Tamai inside the Mikdash or out; Beis Shammai says that it’s always burned inside unless it became Tamai with an Av Hatumah outside, and Beis Hillel says that it’s always burned outside unless it became Tamai with a V’lad Hatumah inside. R’ Eliezer says that an Av Hatumah is always burned outside, and a V’lad Hatumah inside. R’ Akiva says: wherever it became Tamai, it’s burned.
11) Bar Kapara explains Av Hatumah as Tumah from the Torah and V’lad Hatumah as rabbinical Tumah. Although Beis Shammai says that it’s always burned inside even if it became Tamai with an Av Hatumah inside, although it’s Tamai from the Torah, but it’s no worse than what R’ Akiva says: wherever it became Tamai it’s burned. Although Beis Hillel says that it’s always burned outside even if it became Tamai with a V’lad Hatumah outside, although it’s only rabbinically Tamai, similar to what R’ Shimon holds that food that the Metzorah ate from and made Tamai, they enacted not to bring it within three camps.
12) R’ Yochanan says that Av and Vlad Hatumah is like their simple explanation, and they’re both from the Torah. According to him, it’s definitely difficult why a V’lad Hatumah is different than an Av Hatumah since they’re both from the Torah.
13) For all other Shabossos, we put the Tamid limbs on the lower half of the western side of the ramp of the Mizbeach, and the Mussaf limbs on the lower half of the eastern side of the ramp of the Mizbeach, and when it falls on Rosh Chodesh, we put the Mussaf limbs on the on the Kurkov (the one that the Kohanim walk on from one corner to the other, and not the one made for prettiness) to publicize that it’s Rosh Chodesh.
14) R’ Yirmiya originally thought to bring the Musaf Rosh Chodesh before the Musaf Shabbos the same way they sang the Shir of Rosh Chodesh before the Shira for Shabbos. R’ Yossa says that they only sang the Shira to publicize that it’s Rosh Chodesh, but they brought the Musaf Shabbos first since it’s the one that’s more constant. So they sang the Shira of Rosh Chodesh when bringing the Shabbos Musaf.
15) Bikkurim and Shekalim was only done during the time of the Mikdash, but Maasar on grain, animals and Bechor are applicable after the Mikdash too.
16) The Tanna Kama says: if you B’dieved made Shekalim or Bikkurim Kodesh these days, they’re Hekdesh, and R’ Shimon says that Bikkurim are not Kodesh, which seems to imply that he agrees that the Shekalim are Kodesh. However, R’ Shimon b. Yehuda quotes R’ Shimon that even Shekalim are not Kodesh.
17) The Tanna Kama says that a convert these days must separate a quarter of a silver coin to pay for his bird Korbanos (for when the Mikdash will be rebuilt). However, R’ Shimon said that R’ Yochanan b. Zacai canceled this practice because it brings to stumbling (by transgressing Meila on it). You can't make anything Kodesh nowadays since someone might stumble on Meila. You also can't make Erichin and Cherem, and if you, B'dieved, were Makdish in our days, you need to lock up the animals to die, you throw the money in the Dead Sea, and you burn the clothing because it brings to stumbling.
18) However, if the convert does separate a quarter of a silver coin to pay for his bird Korbanos, it’s Kodesh and it’s not similar to R’ Shimon b. Yehuda quotes R’ Shimon that even Shekalim are not Kodesh; that’s because you might mix it up when the Mikdash is built years later and give it as new Shekalim, when it should be put in with the old. Even if it’s built this year, you might mistake it if it will be built on the first of Nissan to put it with the new ones. However, we don’t have this concern by other Kodshim, where it doesn’t make a difference between old and new.
19) Rav says that the Halacha is like R’ Shimon of our Mishna, that Bikkurim are not Kodesh, but Shekalim are Kodesh.