Chullin 139a

חולין קל״ט ע״א

Learn Chullin 139a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Which consecrated birds are exempt from שילוח הקן, and responsibility for lost הקדש ('in God's treasury', עלי vs. הרי זו)

Overview

The amud opens by finishing a point about a bird sentenced by a court: it must be a case where the verdict was not yet given, so it still has to be brought to בית דין. Then the גמרא asks what case the משנה means when it exempts מוקדשין from שילוח הקן. Four suggestions fail: a nest at home is never included, you cannot consecrate a nest you do not own, chicks taken and returned are exempt anyway, and a mother bird's duty of שילוח began before she was consecrated. רב says the case is altar-consecrated dovecote birds that fled. שמואל says it is a chicken consecrated for בדק הבית that ran away, because 'wherever it is, it is in God's treasury.' רבי יוחנן agrees with שמואל, and ריש לקיש objects. The גמרא then raises a contradiction from a case of lost בדק הבית money and resolves each sage's view: ריש לקיש changed his mind, and רבי יוחנן distinguishes 'עלי' from 'הרי זו'. ריש לקיש's position is defended against a ברייתא and a משנה. Finally רב המנונא says everyone agrees there is no responsibility in ערכין, and רבא begins challenging him. That challenge continues on the next amud.

Opening lines

The steps (35)

1. ChallengeThe bird is already sentenced to death
2. ResolutionThe court has not yet ruled on the bird
3. QuestionWhat case of consecrated birds does the משנה mean?
4. ResponseFirst try: he consecrated a nest in his own house
5. ChallengeA nest at home is never included in the מצוה
6. ResponseSecond try: he consecrated a nest he saw outside
7. ChallengeYou cannot consecrate what you do not own
8. ResponseThird try: he picked up the chicks, consecrated them, and put them back
9. ChallengeChicks that were taken and put back are exempt anyway
10. ResponseFourth suggestion: he lifted the mother, consecrated her, and put her back
11. ChallengeThe duty to send her away began before she was consecrated
12. ProofProof from covering the blood: a duty that already began stays
13. Responseרב: consecrated dovecote chicks that flew away
14. Responseשמואל: a chicken consecrated for Temple upkeep
15. QuestionWhy did רב not accept שמואל's case?
16. Responseרב: altar holiness stays, value holiness falls away
17. Responseשמואל's reason: the chicken is still in God's treasury
18. Statementרבי יוחנן agrees with שמואל's case
19. Challengeריש לקיש objects that its holiness is gone
20. Resolutionרבי יוחנן answers: it is still in God's treasury
21. ChallengeEach sage seems to contradict himself
22. ChallengeThe case of consecrated money that was stolen or lost
23. Resolutionריש לקיש changed his mind after hearing his teacher
24. ChallengeBut רבי יוחנן still contradicts himself
25. ResolutionThe difference between 'upon me' and 'this one is'
26. ChallengeSo ריש לקיש frees him even when he said 'upon me'?
27. ChallengeA ברייתא: with a נדר you are responsible
28. ResolutionThe ברייתא is only about altar offerings
29. ChallengeA משנה seems to make 'עלי' binding even for בדק הבית
30. ResolutionPaying applies only when the item is gone; if it still exists, it is in God's treasury
31. Statementרב המנונא: in ערכין no one is responsible, even with 'עלי'
32. ProofShowing that ערכין can't be pledged without 'עלי'
33. Challengeרבא: A person could pledge ערכין using 'הריני'
34. ChallengeA second challenge begins: רבי נתן's ברייתא on the פסוק of ערכין
35. Responseרבי נתן begins his answer: redeemed הקדש and מעשר carry no responsibility