מאי לאו בהא קא מיפלגי דמר סבר מין במינו הוי טמון ומר סבר לא הוי טמון
of the opinion that these Tannaim agreed with R. Judah who said: 'In the field', i.e., to the exclusion of one which is hidden. Do they, then, not differ on this issue: One holds that with two things of the same kind [the lower] is regarded as hidden, and the other holds it is not regarded as hidden? — No; if they were of the same opinion as R. Judah, they all agree that with two things of the same kind [the lower] is regarded as hidden; but here the difference is the same as that of R. Judah and the Rabbis. The Rabbis here agree with the Rabbis there,<span class="x" onmousemove="('comment',' Who maintained that a hidden sheaf came within the law of the forgotten sheaf.
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Sefer HaChinukh
From the laws of the commandment is that which they, may their memory be blessed, said (Sotah 45b) that Jerusalem does not bring a beheaded calf; as it is stated about this, "on the land that the Lord, you God, gives to you" - and Jerusalem was not divided [by] the tribes. And likewise we do not bring a calf if it is found near the border or [near] a town the majority of which are gentiles, as the assumption is that the gentiles killed him. [If] there were two towns there, one of which was closer and one of which was not closer but there is a greater multitude of people there than in the closer one, we go after the further one that has many [people] - as so did they, may their memory be blessed, say in the Gemara (Bava Batra 23b), "[In a case where one can decide based on] majority or proximity, one goes after majority." And even though majority and proximity are both from Torah writ - meaning that the Torah commanded us to consider proximity and majority - majority is preferred. And from where we measure, from the nostrils of the killed; the law of its beheading, which is with a kofits (a large knife) from behind it; the law of the washing of the hands; the law of [when] the body is found in one place and the head is found in another place; the law of that which they said (Sotah 44b-45a), "'Slain person' and not strangled person, 'on the land' and not covered by a pile of stones, 'fallen' and not hanging on a tree, 'in the field' and not floating on top of the water"; and the rest of its details are [all] elucidated in the last chapter of Tractate Sotah (see Mishneh Torah, Laws of Murderer and the Preservation of Life 6).
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