Reference for Nedarim 71:13

ותורם את תרומותיו כו':

since one brings [a sin-offering] for his insane wife?<span class="x" onmousemove="('comment',' Who also has neither legal consent nor knowledge. ');">¹³</span> Why then did R. Eleazar say: If a man set aside a sin-offering for heleb on his neighbour's behalf, his action is invalid?<span class="x" onmousemove="('comment',' The animal not becoming sanctified. ');">¹⁴</span> — [Now consider:] In respect to his insane wife, what are the circumstances? If she ate [heleb] whilst insane, she is not liable to a sacrifice;<span class="x" onmousemove="('comment',' Not being responsible for her actions. ');">¹⁵</span> while if she ate it when sane, subsequently becoming insane, [there is the ruling of] R. Jeremiah who said in the name of R. Abbahu in R. Johanan's name: If a man ate heleb, set aside an offering, became insane, and then regained his sanity, it [the sacrifice] is unfit: having been once rejected, it remains so.<span class="x" onmousemove="('comment',' I.e., when the transgressor lost his reason, his sacrifice became unfit for offering, because an insane person cannot offer, and it remains unfit even if he regains his sanity. Thus we see that even if a sane person sinned, he is not liable to a sacrifice on becoming insane. Therefore, one cannot bring a sin-offering for his insane wife for actual transgression; hence the proposed analogy cannot be drawn. ');">¹⁶</span> Yet if so,<span class="x" onmousemove="('comment',' Still objecting to R. Johanan's first ruling. ');">¹⁷</span> a man should be able to offer the passover sacrifice for his neighbour,<span class="x" onmousemove="('comment',' Without his knowledge. ');">¹⁸</span> since he brings it for his sons and daughters, who are minors. Why then did R. Eleazar say: If a man sets aside a passover sacrifice for his neighbour his action<span class="x" onmousemove="('comment',' Without his knowledge. ');">¹⁸</span> is null? — Said R. Zera: [The law, And they shall take to them every man] a lamb, according to the house of their fathers, [a lamb for a house],<span class="x" onmousemove="('comment',' Ex. XII, 3. ');">¹⁹</span> is not Biblically incumbent [upon minors].<span class="x" onmousemove="('comment',' The Passover sacrifice had to be definitely assigned (before the animal was slain) to a number of persons and anyone not so appointed was subsequently forbidden to cat thereof. But this assignment does not, by Scriptural law, apply to minors at all. For this reason the father could slaughter for them, since they did not need to be appointed. Hence, one cannot argue from this to an adult, to whom the law off appointment applies. ');">²⁰</span> And how do we know this? — Because we learnt: If a man says to his sons [who are not of age], 'I will slaughter the passover sacrifice for whomever of you first enters Jerusalem', then as soon as the first of them enters with his head and the greater part of his body, he acquires his portion, and assigns a part thereof to his brothers with him. Now, if you maintain that 'a lamb, according to the house of their fathers' is Biblically applicable [to minors], then standing over the flesh, can he transfer a portion to his brethren?<span class="x" onmousemove="('comment',' For the assignment of the sacrifice can be made only before it is slain, not after (Pes. 89a). How then can one son assign a portion of the sacrifice to his brothers after it is killed? Therefore we must conclude that by Biblical law they are not bound to be appointed for the eating of the sacrifice at all. ');">²¹</span> If so, why did their father speak thus to them? — In order to stimulate them in [the performance of] precepts. It was taught likewise: it once happened [after their father had spoken thus] that the daughters entered [the city] before the sons, so that the daughters shewed themselves zealous, and the sons indolent.<span class="x" onmousemove="('comment',' But it is not stated that they lost their portion, proving that assignment is not Biblically incumbent upon them. ');">²²</span> HE MAY SEPARATE HIS TERUMAH [etc.]

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