pasuk says, let's look at pasuk ל\"ג, \"לא יבקר בין טוב לרע ולא ימירנו.\" Do not or, basically, I can't say anything because we're going to learn the sicha to see what it means. But, what it really What he's trying to say here is do not search out between good and bad, and do not exchange it. And whatever comes out, that's what it is. And do not be מבקר. I wonder how he translates in that English. It's not distinguished between good Distinguish. Well, we'll see. That's the whole discussion of the sicha. What does יבקר mean? You will have it back and you substitute it for a good one. Well, it says It says between good and bad. We just We have to read the pasuk now, because when we learn a Rashi sicha, every word is important, and we'll see exactly what it says. But why couldn't you just, if you had 100, why couldn't you just take 10? Why do you have No. The pasuk That's what the pasuk says. That's the way maaser went. You have to let them go out, and the 10th one, and it says do not be מבקר. Do not search out. Do not choose between good and bad. Good or bad. Okay. So, now let's learn the sicha. \"בדיני מעשר בהמה שבסוף פרשתנו\" Can I ask always wondered, what happens when you have say 15? Yeah. So, the last next five stay for the next time. Last five, you don't. Right. And don't give maaser. You don't give maaser on it. בדיני מעשר בהמה שבסוף פרשתנו, in the laws of מעשר בהמה which is written the end of the parsha, על הפסוק, on this pasuk where it says, \"לא יבקר בין טוב לרע,\" do not search out and not uh choose between good and bad. פירש Rashi, this is what Rashi says, and every word is important here. Rashi

quotes from the pasuk the words, \"לא יבקר וגומר,\" \"Do not be מבקר, etcetera.\" And he explains, why does the pasuk tell you do not choose out between good and bad, do not choose, לפי שנאמר, because there's another pasuk that says, \"בכל מבחר נדריכם,\" that your nedarim, your korbanot, should be from the best. Since the pasuk has to be the best, יכול, I would think, יהא בורר ומוציא את היפה, you would think that you should choose since מעשר בהמה is going to become a korban, so you should choose and take out the best. That's why תלמוד לומר, that's what the pasuk says, \"לא יבקר בין טוב לרע,\" do not choose out between good and bad. And then Rashi explains, בין תם בין בעל מום, whether it's complete or it has a blemish, חלה עליו קדושה. The kedusha is chal. The kedusha falls upon it whether it has a mum or it doesn't have a mum. But then Rashi explains, ולא שיקרב בעל מום. But don't think that if it turns out that the 10th one has a mum, and we said the kedushah is chal, that means that you should bring it as a korban. You can't be makriv a בעל מום. Ela what it means is, if it happens to be a בעל מום, the one that comes out, יהא נאכל בתורת מעשר, you would eat it in the halachah of מעשר, ואסור לגיזה ולעבודה. And you can't cut the wool, because it's it's holy, even though it's not a korban, and you can't work with it. So, the This is what the pesek says again. Do not choose between good and bad. So, Rashi says, because you would think that because it says you should bring the best korban, you should be able to choose. So, we're telling you that whether it's a tam or a בעל מום, it's holy. But it doesn't mean you'll be makriv it, but you will have to eat it in the laws of maaser, and you can't cut and work with it. והנה, he says, תחילת פֿירושו של רש״י: ״לפי שנאמר לא יבקר בין טוב לרע, when Rashi starts off in the beginning that because the pesek says you should bring the good korbanot, that's why we would think that you could take out the good one. So, the pesek tells you don't. מקורו בתורת כהנים. Rashi takes this from Torat Kohanim. That's what it says. Torat Kohanim, which is the midrash, says that peshat. אמנם ידוע, but it's known, שאין דרכו של רש״י להעתיק דרשות חז״ל, רש\"י's derech is

not just to copy what the Chazal tell us, אלא אם כן מוכרחת היא להבנת פשוטו של מקרא, unless what the Chazal, what the חכמים tell us in the Gemara, or in the midrash, is important for the פשט פשוט of the pesek. So, therefore, why does Rashi here bring this drash? So, he says, ומה שבנידון דידן מביא רש״י דרשת התורת כהנים, יש לומר בפשטות: We say very simple why Rashi has to bring it, because like this. בפשוטו של מקרא אינו מובן. You learn פשוט פשט, we don't understand. למה הוצרך הכתוב להזהיר ״לא יבקר בין טוב לרע״? Why would the Torah have to tell you you should not choose between good and bad? It's self-understood. Why? דין מעשר בהמה מפורש בפסוק הקודם, in the previous פסק it says exactly how you go about making מעשר בהמה. What does it say? ״כל אשר יעבור תחת השבט העשירי יהיה קודש לה׳״, whatever goes by under that whip, under that stick is holy. שפשוטו, What does that mean? שהסדר צריך להיות, that the simple order should be, שהבהמות עוברות תחת השבט, that the בהמות go under that stick, והעשירית קדושה, and the whole and 10th one is קדוש, ולא שבורר ומוציא אחת מתוך עשר, and not that you take one out. It doesn't mean you take out one out of 10. So, automatically whichever one comes out. נוסף לזה, besides that, it says ״יעבור״ ולא ״יעבירו״, מאליהם משמע, it says ya'avor it should go by by themselves. So, הרי כבר ידוע, we already know, שאין לו להאדם לבקר לבקר ולברר איזה תהיה קודש. So we know from that itself that a person should not choose which one should be holy. ולמה צריך הכתוב להזהיר לא יבקר? So

why does the pasuk have to tell you to not choose between good and bad? If we just follow the previous pasuk, you cannot choose, whatever comes out. לכן פירש רש\"י, so Rashi says, no, you would have thought maybe you could choose. לפי שנאמר, that's why Rashi starts off by saying, since the pasuk says וכל מבחר נדריכם, that your nedarim, your korbanot should be from the best בהמות, לכן אפשר, הוי salka da'ata, so you could have thought שיהא בורר ומוציא את העשירי שיהא יפה, maybe you should choose the tenth one, it should always be the best. Even though the pasuk says before that it should whatever goes out, but maybe the other pasuk tells you it should be a good one, so maybe you should choose a good one. תלמוד לומר, that's why the pasuk has to tell you, לא יבקר בין טוב לרע, do not choose between good and bad. Fine. Not allowed to exchange. Huh? You're not allowed to exchange. Not allowed to exchange, that's a separate, but that's not what Rashi discusses. אמנם על פי זה אינו מובן סיומו, but then we don't understand the end, where it says that after it says תלמוד לומר לא יבקר בין טוב לרע, so the pasuk tells you to not choose between good and bad, so that Rashi continues, because בין תם בין בעל מום חלה עליו קדושה. Whether it is complete, a whole one, or a מום, the kedushah is chal. הלא לא לאפ סיפא לרישא, the end doesn't fit to the beginning. Why not? And he says, number one, הא סלקא דעתך הוא, what was the first thought that the pasuk has to tell us don't make that mistake? So the thought was דהוה ליה לברורי ולהוציא את היפה, that you might think you should choose and take out the good one, ולכן נאמר לא יבקר. That's why the pasuk says don't choose. אבל מנלן למימר, but from where would we think דבכל מבחר נדריכם עוד דלא יעכב ולא יחול הקדושה כלל באם לא הוציא את היפה? The only reason we thought that maybe you should choose the good one is because the Torah says you should have a good korban. But does that mean in any way that we would have thought that if a bad one has to come happens to come out, it's not kodesh? No. All we would have thought is that you should choose a good one. But if a good, can you say, if we shouldn't choose the good one, but even if we thought that you could choose the good one, if you did not choose a good one and a bad one came out, would we think it's not kodesh? I mean, where does it say it's not kodesh? שלשלול זה, and to tell you that this is not true, מסיים Rashi says בין תם בין בעל מום חלה עליו קדושה. See, he starts off saying don't make a mistake that you could choose, because we would think you should choose. Then he says, but whichever way comes out, it's still holy. So you might think if it's a בעל מום it's not holy. Why not? Because you can't you can't use it, you can't give it as an offering. But why did we think that you should choose to begin with? Cuz the pasuk says וכל מבחר נדריכם, that's all. The pasuk says the best should be the korban. So we would think you should choose the best. But there is no reason to think that if a bad one comes out it's not kodesh. You can't bring it as a korban, that's true, that we know. But who said it's not kodesh? Who says it doesn't even נתפס? Why is that the outcome of the beginning? See, the beginning and end don't fit. He should say he should have said like this, you would have thought that you should choose. I'm telling you don't choose. You don't have to choose, leave it the way it is. That's all he should have said. But he doesn't have to tell you don't choose between because whichever one comes out it's still holy, as if you would have thought it wouldn't be holy. That's not what we would have thought. Number two, פתח ביפה וסיים בתם. He starts off by saying you would have thought that you should choose a good one, a nice one, and when he says that the holiness is there, he says even if it's a בעל מום. Who spoke about a בעל מום? What does nice mean? Nice means a nice, a feineh, a sheineh, a big fat one. So he starts off with saying that you should you would have thought you should choose a good one, you shouldn't choose a good one, and then he says because even if it's a בעל מום the kedushah is chal. Who's talking about a בעל מום? Fine. And he explains, הנה על כרחך צריך לומר, because we have to say שמה דסלקא דעתך שיהא בורר ומוציא את היפה דוקא, because when we thought that you should take you should take out a good one, אין הכוונה לשלול בעל מום, it didn't mean that we would have thought take out a tam, not a בעל מום. That wasn't the question. שהרי בעל מום לא תעלה על הדעת למעט, הלא מהתם, מבכל מבחר נדריכם. What was the reason we thought we should take out? Because the pasuk says מבחר נדריכם. מבחר נדריכם is not talking about a בעל מום or not. כי שמה מדובר מבין אלה אשר תדירו לה'. It says like this: Whenever you're going to set aside a korban, make sure it's the best. It's not coming to exclude a בעל מום. A בעל מום isn't To begin with, you can't make a קרבן. בעל מום אסור להקדיש ולהקריב לה', you can't make a קרבן. So what does the pasuk mean when it says a good one? It's אין זה בסוג נדריכם, that's the בעל מום is not in that category at all. אלא הכוונה בזה, what does the Torah mean מבחר נדריכם? שייקח בהמה יפה, כפשוטו, a pashut a fat בהמה, a שמינה, a fat, nice בהמה, ולא כחושה, not a small, ugly or looks, a כחושה, like a skinny one. V'im kein, so if the whole thought why we thought you should choose is based on the pasuk where it says you should take a good one, so what would we have thought? You should take a nice one, but not through a בעל מום. מהו הסיום, so why does he finish, בין תם בין בעל מום חלה עליו קדושה, whether it's a תם or a בעל מום, the kedushah is there. תם and בעל מום, מאן דכר שמיה? Who mentioned תם and בעל מום? Is a blemish something you could see or something? Yeah, yeah, yeah, you could see. No, no, it's not a it's not a טרפה, it's a בעל מום, that you could see. Aha. So basically, why does Rashi all of a sudden bring in that even if it's a בעל מום, the kedushah is there? And the second thing, מכיוון דפירש הכתוב לא יבקר בין טוב לרע הוא שלא יבקר את היפה מתוך העשרה שבעדרו שאינם יפים, since we would have thought, since the Torah tells us don't choose because we would have thought that you would choose the nice one out of the herd of ten and take out the nice one, אבל שניהם ראויים להקרבה, but we never thought that the one that is not the one to choose, if he would have not chosen, that that can't be brought as a קרבן. It's not that because we're trying to say choose a good one that you could bring a קרבן rather than leave it that maybe one that won't bring a קרבן, we never thought that. מנא לן מכתוב זה דבין תם ובין בעל מום חלה עליו קדושה? So how does how do we see in the pasuk that the בעל מום gets the kedushah? The pasuk is not talking about בעל מום, the pasuk is not talking So how So the question is Rashi doesn't have to tell it to us. And second of all, if it does have to tell us, where does the pasuk say it? The pasuk is not talking about it at all. Another question, גם צריך להבין, we also have to understand, בפתיחת פירושו, in the beginning of Rashi's comment, מעתיק רק התיבות לא יבקר. The only words he quotes from the pasuk is לא יבקר. לא יבקר, don't choose. The תיבות בין טוב לרע, the next words where the pasuk says between good and bad, he doesn't quote. מרומז בוגומר, he just says etc., which refers to those words. ובאמצע פירושו מעתיק גם בין טוב לרע. In his actual comment he does mention the word between good and bad, that you that Torah tells you don't choose between good and bad. But when he quotes from the pasuk, he doesn't. Now usually Rashi picks out quotes from the pasuk those words which fit to the peshat he's going to say. Here the peshat that Rashi is explaining is, what does it mean to not choose between good and bad? So why didn't Rashi quote the full words, don't choose between good and bad? But Rashi doesn't. Obviously those are not important. Why? כן צריך להבין בסיום דברי רש״י. We also have to understand the end of Rashi. אריכות לשונו ולא שיקריב בעל מום, רש״י says like this, and not that you should be makriv a בעל מום. That's not true, but you should eat it like a like maaser and you shouldn't cut the wool and you shouldn't make it work. The words ולא שיקריב בעל מום that you shouldn't be makriv a בעל מום לכאורה מיותרות הן. That's extra. שהרי כבר מפורש בתורה לפני זה, כל אשר בו מום לא תקריבו. We know from earlier pesukim that a בעל מום you can't be makriv. All Rashi has to tell you that you should when it does come out, if a בעל מום does come out, eat it in the Torah in the laws of maaser and the other dinim. But that you shouldn't be makriv it is no hava amina, we never would think so. Another question: Don't you have to redeem it for Not maaser. Every other korban that gets a mum you have to redeem. Maaser not. Not bechor and not maaser. מעשר בהמה. It's a special din. Then he has another she'eilah. מנא ליה לרש״י בפשוטו של מקרא ב' הפרטים שבפירושו? Where does Rashi in his pshat know from the simple pshat that יאכל בתורת מעשר ואסור לגזוז ולעבוד? He says, so what do you do with it? You eat it in a din of maaser and don't cut the wool and don't let work with it. So there are two פרטים. Number one, eat it like maaser, that's like a positive thing. And also don't cut the wool and don't work with it. Where do we see that in the pasuk? If that's what the pasuk means, where do we see it? והביאור בזה, so the explanation is like this. Quick question on the When Rashi says that it's not When Rashi says the word only to choose, and don't choose, and he doesn't say between good and bad, could it be just the language thing? Meaning, if you're choosing it's obviously between good or bad? Good and good is a dead is is relationship. Good and bad, it's just a relative act. Yeah, but if this is what Rashi is trying to explain, he quotes the words from the pasuk that he's going to explain, and he's going to explain the words לא יבקר בין טוב לרע. Okay, so it's not like he's just shortening it because No, but why should he? When you say לא יבקר it's obvious בין טוב לרע because No, why the pasuk If the pasuk says it, the pasuk says it, and he's trying to explain what the pasuk means. So the pshat is like this, the Rebbe says. תיבת לא יבקר, the words לא יבקר, אפשר בו ב' פירושים. There are two ways to translate the word יבקר. Again again, what did that English translate it? Distinguish. Distinguish, okay, we'll see. One case is בירור is to choose. Choice. ובנידון דידן, if we would use that translation in our pasuk, what would it mean? Do not לברר ולהוציא בהמה אחת מתוך העשרה, do not choose out one out of ten. Instead of letting them go, you might go and choose one out of ten. That's one pshat. That's what the Torah would make would mean. Then there's another way to learn, מלשון ביקורת. ביקורת means like investigation or Examination, yeah. Examination. Checking out, to check out, not to choose, to check out also has the same root. ובנידון דידן פירושו, what would it mean if the pasuk here would mean do not examine? לא שיברר אחד מן השאר, the Torah would not be talking about taking out one from the rest, אלא לעשות ביקורת בכל עדרו, an examination in your whole herd. Meaning, היינו, שכל אחת מעשר בהמות, that every group of ten בהמות, שממנה יהיה העשירי קודש, that the tenth would be holy, תהיה מבוקרת, should have been an examined one. That's what we would have thought, that the Torah is telling you, do not make sure that the whole herd that you're going to take maaser from should be a good one. Or you could do that. You would you could think, what do you do? You would take lechatchila those בהמות you're going to take maaser, לכתחילה only take a group of ten good ones, and from the ten good ones make one maaser, the tenth one will be maaser and it'll certainly be a good one. So it's not a question of choosing one out of ten, it's a question of examining the whole group. ועל פי דרך ההלכה מותר לעשות ביקורת כזאת. According to halacha you are allowed to do that. Before you take out maaser you're allowed to examine it and do something to your whole herd. Hienu, the din is, שיכול להטיל מום בכול עדרו. If a person wants to save himself some money, because what happens is the tenth one is maaser. What do you do with maaser? You have to give it to the kohen and it becomes a korban. If it has a mum, if the tenth one comes out with a mum, then it has certain restrictions, but you're allowed to eat it. If a person wants to make sure that he doesn't have to give it away and he wants to eat it, what? You can't take the mum one. So he makes all, let's say he has a hundred בהמות, he'll make them all with a mum. And you're allowed to make a mum to a בהמה. You can't make a mum to a korban, but now it's not a korban yet. To make a mum, so you'll make an examination, like you'll do something to the whole עדר, to the whole herd, and automatically whichever one will come out will have a mum. You're allowed to do that. וממילא יהיה עשירי בעל מום, the tenth one will be a baal mum. ומזה מובן בפשטות, גם להיפך. So if you're allowed to make them all bad to save you some money, we can understand the same way the other side, שיכול לבקר את עדרו, you could examine your whole herd, שיהיו כולם יפים, they should all be good ones. וממילא יהיה עשירי בהמה יפה, the tenth one will be a nice בהמה. So what we have, huh? You're allowed to do it to make them all mumim? Yeah, you're allowed to make them all mum. One second, no no, one second. So now we are have a choice, we have a choice here of two pshatim in our pasuk. When the pasuk says לא יבקר, we

could say the pasuk is telling us do not choose out one of the ten to be a nice one. You could learn another way, the Torah says do not make them all nice, specially make lechatchila only nice to be able to get a nice one. Now, והנה בפשטות הכתובים, באם לא יבקר בין טוב לרע פירושו מלשון בירור, if we'll say the pashut pshat in the pasuk is the first way, that the Torah tells you do not choose the good one, היינו שיזהיר, the Torah is warning us, שלא יברר אחד מהעשירי, מהעשר שתהיה טובה וקודש, don't choose one out of ten to make it a good one, but for that the Torah doesn't have to tell us, because הרי כבר נאמר, it already says before, כל אשר יעבור תחת השבט העשירי יהיה קודש. Everyone that, anyone that goes through. ומזה מובן, from that we understand, כנ''ל, שאין לברר בהמה אחת מהשאר שבעדר, that you cannot choose. So we can't, so we we can't learn that that's what the pasuk tells us. The pasuk first says they have to go through this, they stand one by one. Then the pasuk says לא יבקר. So if you're going to learn the pasuk means don't choose, it's basically repeating what it said before, because it said before they have to go through one after another, and the tenth one will be holy. So we understand that you can't just go over to the ten and pick one out. So what does the Torah tell us that? So therefore what would we assume is the pshat in the pasuk, the second pshat? לכן מסתבר יותר, it makes more sense, שלא יבקר הוא מלשון ביקורת, that לא יבקר does not mean do not

choose, it means do not examine. היינו שלא יבקר את כל הבהמות שבעדרו קודם שיעשרם, that you should not check out and make sure that all the בהמות there are a certain type of בהמה, שיהיו כולם כפי רצונו, that they should all be exactly the way you want. That's what the pasuk must be telling you. ובא רש''י לפרש, so comes Rashi and tells you, no. This is what we would have thought pshat in the pasuk based on what he said. So Rashi comes and tell you don't make that mistake, that is not the פשט לא יבקר, it's the first way. כי לא יבקר הוא מלשון בירור, לא יבקר is מלשון of choosing, ולא ביקורת, not the second way of of of of examining. ולכן העתיק בפירושו לא יבקר וחסל. That's why Rashi when he quotes the words of the pasuk, he only quotes those two words that he's trying to explain. He's trying to tell us, you see the words לא יבקר, I want to tell you the pshat. You probably would have thought יבקר here means examine, I'm telling you יבקר means choosing. וחסל, that's all Rashi had to say. שהרי בעיקר מפרש, שטייט זיך, 'cause that's all he's trying to explain. אלא שההכרח בפירושו, what forces Rashi to say that? Rashi does tell us that, but what forces Rashi? הוא ממה שנאמר אחר כך, that's because what it says further, בין טוב לרע, וזה מרומז במילת וגו׳. Because of the next few words, we'll see in a moment why, but as he says, because of the next words between good and bad, those three words are the ones that force Rashi to learn that יבקר means the second way. So Rashi hints that's the first way. So Rashi writes etc., to hint to those words. But being those are not the words he's explaining, those are just going to be the proof for his peshat. It's not the words he's explaining. So he says לא יבקר what I'm explaining, etc., you need the other words too because that will be my proof, but the main thing I'm trying to tell you is what לא יבקר means. That לא יבקר means the first way, it means choice, don't choose rather than don't examine. Now, how does Rashi know it? How do the other words prove the point? And how does he get around the kashya that the רבי asked, that because before we assumed it cannot be the first way. Right, right, we'll see. Yeah. But it can be, it's not mistaber, right, it doesn't make, unless you have a proof the other way. Right, right. So he says like this:

ולפני זה, earlier in the פרשה, כשמדברת הפרשה בהפרשת בהמה לקרבן, earlier in the parashah, when the Torah talks a different din, when the Torah tells us how we designate a בהמה for a korban, נאמר, it says that after you designate a בהמה for a korban, not מעשר, regular korban, it says in the Torah, לא יחליפנו ולא ימיר אותו, do not exchange it, טוב ברע או רע בטוב, good and bad or bad and good, that's what it says. ועל פי זה, according to that, בפסוק הנדון, in our פסוק, אם נפרש לא יבקר שלא יעשה ביקורת בעדר, if we're going to learn peshat in our pasuk it means that you should not examine the whole herd, למה נאמר רק לא יבקר בין טוב לרע? Why does it say only do not examine between good and bad? היה לו להוסיף, כי בלפני זה, it should have added also the other side, גם ורע בטוב, also just like over there it says by a regular korban, don't exchange it between good and bad or good bad and good, should have said the same thing here. שהרי כמו שאין לבקר את העדר שיהיו כולם בהמות יפות, because if the pasuk tells you you should not make the whole herd examined for the good, כמו כן צריך להזהיר שלא לבקר שיהיו כולם לרוע, so you also have to tell you don't make it all bad. It's the same thing. The Torah wants to tell you, you cannot make sure that the herd is a certain way. So it says, don't make don't make sure it's good, why doesn't it also say don't make sure it's bad? Like in the other pasuk it says, don't take the בהמה and change it for the good, don't change it for the bad. So why doesn't it say that? וכיון שנאמר רק לא יבקר בין טוב לרע ותו לא, since it only says do not change it, do not be מבקר, which would mean do not according examine it between good and bad, muchrach, that proves, שלא יבקר פירושו הוא לא יברר, that לא יבקר does not mean do not examine, לא יבקר means do not choose. ואם תאמר, but and you choose, so therefore it says, why would you think why by choice if it says don't choose, it only mentions the good? So Rashi says, would anybody think that you're אפשר לברר להוציא היפה שביעשרה, why would you think we should be able to take out the tenth which is good? So Rashi says, לפי שנאמר בכל מבחר נדריכם, since the pasuk says your korbanot should be the best, יכול יברור ויוציא את היפה, I would think take out the good, תלמוד לומר לא יבקר. So the Torah doesn't have to say the opposite, because for the opposite, I would never think. מאי חזית, no, why would I take out the bad? Yeah, why would I think I'm allowed to? I would think the good I would think I'm allowed to. Why? Because the because the Torah says that we the best. And that's exactly what Rashi It's ממש this this is genius. That that Rashi starts off לא יבקר. What does לא יבקר mean? So Rashi says, you know why the Torah tells you לא יבקר? Because it says that you should have good korbanot. So that's why we would think that you should choose. And that's why it only says good and bad, because here there was no hava amina. If the Torah would have meant the other way, don't examine, don't change the whole herd, should have said both ways. Since it says only good, a סימן that the Torah is trying to tell us something that we would have thought only to take out good. And that is because I would think that I have to have a good korban. So that's why we know that לא יבקר does not mean like the second פשט, do not examine the whole herd, it means do not choose out. Well, we only know it because it's a the second half would be analogous to the first to the first the way it says earlier, right. To the first the way it says earlier, right. Otherwise, why would it say, yeah, right. Otherwise, why would it be the same?

ולכן אין הכתוב מוסיף ורע בטוב. That's why the Torah doesn't add. Now that we're saying לא יבקר means the first way, the תורה כי מאחר שנאמר כל אשר יעבור עשירי יהיה קודש, since it says whatever passes by has to be holy, so it has to go by, אין מקום לומר, we would never have thought, שאפשר לברר היינו העשירי שיהיה קודש כנ״ל, we would never think that you should be able to take out one. אם לא מפני ש-, the only reason we would even think that you're able to take because of the pasuk that says כל מבחר נדריכם, that the good קרבנות, שפירושו לברר היינו את היפה, that you should have a good korban. So לכן צריך לומר, luckily, ועל כל פנים תיבות וכו׳, that's what the Torah only has to tell us, don't choose the good, שפירושו לברר היינו את היפה. But the Torah doesn't really choose the bad, because if to choose the bad, to tell us that, we don't need this pasuk. To tell us you can't choose the bad, we know you can't choose the bad because the Torah says that it has to go out one by one. The only way we would have thought maybe it's not a we could do something else is only the good. That's what the Torah says it. But that's only if the word לא יבקר means don't choose. And that's what Rashi, so obviously, this is what it means. Halachah, yeah. As bedikah, looking into, examining the animals. אמנם עדיין קשה, but it's still not good. כי משר לא יבקר בתיבות אלו נאמר רק ליישב מה שלמדנו מכל מבחר נדריכם שצריך לבקר, now that we're saying the whole reason the Torah tells to not choose between good and bad is because we would have thought there's another pasuk that says the korbanot should be good korbanot, that's why we would have thought that you could choose the good and that's why it tells you you can't, if that's so, הרי היה מספיק לכתוב, לכתוב לא יבקר ותו לא. So it should have not mentioned between good and bad at all, it should have said, don't choose. What would we have known? Anyway we would have known what it meant, שגם אז היה מוכרח לפרש שמדובר בביקור היפה. We would have known anyway, if the Torah would just say, don't choose, what would we have thought that the Torah means? Don't choose the bad? But that the Torah wouldn't have to tell us, כי בלאו הכי הקשה מכל מבחר נדריכם שכוונתו על היפה, אין צריך למיעוט שלא יבקר על העשירי. If not for the pasuk that you should have a nice korban, we would never have thought. מאחר שכבר נאמר, it says כל אשר יעבור, it says that it should go through. ואם כן, תיבות מן ה... בין טוב לרע מיותרות נינהו. So the words between good and bad are extra. Now that we came to this point, it should have said, don't choose. Yeah, to say that you shouldn't choose the bad is obviously, because it says it has to go through, the only possibility that you would think is the good, so we'd know ourselves, why does the Torah have to say it? ומזה מכריח רש״י, therefore Rashi says, forces Rashi to say, שבין טוב לרע מרבה עוד ענין. Till now, whatever spoke about good and bad, what do we mean? Pashut, a nice good behemah and a stinking or sick one. But since the words are extra, so that's the klal, when there's extra words, it comes to add another point. The Torah writes extra words to teach you something else. It's מרבה to add another דין, תם ובעל מום. It comes to add another point, that there's a concept of תם and a concept of בעל מום. ובא הכתוב לומר, the Torah teaches us another דין, שבין תם בין בעל מום חלה עליו קדושה, that whether it's a תם or a בעל מום, it's still holy. ואף שאין בעל מום עולה על גבי המזבח, aye בעל מום you can't bring it as a korban on the מזבח, וקדושת מעשר עולה על גבי המזבח, and what do you do with the korban that's with a behemah that's maaser? It goes on the Mizbeach. Mikol makom lamadnu, still the Torah tells us ממה שנאמר לא יבקר בין טוב לרע, when the Torah says don't choose good and bad, which means gam tam uvaal mum, like we said before, the extra words come to teach you tam uvaal mum, so the Torah comes to tell you שגם בעל מום חלה עליו קדושה. That even if it's a baal mum, it has kedushah. The Torah says don't choose because a baal mum will also get. So that's an extra thing in the parashah. See, this answers the kushya, the Rebbe asked on Rashi, he starts off with nice and not good, nice, and then baal mum. He says, it's a second thing! First it tells you that the they're talking about nice, and the Torah tells you don't choose the nice, and then he says, in addition to that, you should know that the Torah teaches another din, that a baal mum also gets kedushah, that's whether the Torah mentions don't choose. But קדושתו לא שיהא קורב בעל מום, רש״י continues, but the kedushah is not that a baal mum should be מקריב, אלא יאכל בתורת מעשר ואסור בגיזה ועבודה. You can't cut it, you can't cut the wool, and you can't work with it. Cause after the Torah tells you, you would think, Torah tells you extra words that it does have kedushah, so maybe for some reason there's a baal mum that you can be makriv or something. So he says, no, that's not what we meant. There is a different kedushah. What's the kedushah? The kedushah of eating it in the Torah of maaser, and not to cut it and and work with it. No, we'll see, it goes together, the biur, the Rebbe explains it. בקדושת עשירי, בין תם ובין בעל מום, נאמר יהיה קודש. When the tenth one becomes holy, whether it's a tam or a baal mum, the Torah says, יהיה קודש, it shall be kodesh. Vechen biglal, because of there's an earlier pasuk that says, העשירי יהיה קודש לה׳, it shall be kodesh. Uva'hosafat teivat yihyeh, it adds the word yihyeh, not only it says it is kodesh, it shall be, mizeh mashma, that comes out, שנוסף על עצם חלות הקדושה על הבהמה, that besides the fact that the behemah is holy, צריך שיהיה יהיה קודש, there has to be kodesh, something you have to do, something has to be with it. See, kodesh is something that's there by itself. The fact that it's the tenth, it gets kedushah, but then you have to have it in a form of a kedushah. צריך להיות החלות ביחד עם הוי' dekedushah. הוי' here means with the making of kedushah. Hainu, it means like this, שתכף כשנתקדשה הבהמה, that as soon as the behemah becomes maaser and holy, תהי' עוסק בפעולת קדושה, there's something holy you have to do with it. You have to make it kodesh. We'll see. וכמו שפירש Rashi על יהיה קודש האמור למעלה בתם. Earlier, by a behemah which is not a baal mum, the Torah says יהיה קודש. So Rashi says, know what that means? יקרב על גבי המזבח. As soon as it becomes goes as the tenth, now there is a din upon it that you have to bring it to the mizbeach. דמו ואיבריו, the blood that the fats go on the מזבח, הבשר נאכל לבעלים, the owner eats the meat. So, all this shows that when it says yihyeh there is something has to be done, שזו היא פעולת הקדושה החיובית, that's some kind of act of kedushah that has to be, שחלה על האדם מעשיו כשנתקדשה הבהמה, that the person has to do when the behemah becomes holy. The behemah becomes holy on its own, then the Torah says, it shall be, you shall make something to it. So, by a tam, which is not a baal mum, yeah, as soon as it becomes holy, as soon as it comes on the tenth, now there's a din that you have to bring the korban. אולם בנוגע baal mum, we just finished saying, baal mum, which the Torah teaches us here, also gets a קדושה, אינו מובן, I don't understand, איך שייך לומר בזה יהיה קודש? How could the Torah say it shall be קודש? היינו, איך אפשר לעשות בו פעולה חיובית של קדושה? How can you do, what can you do to it as an act of קדושה, הרי אין מקריבין בעל מום על גבי המזבח? You can't bring a בעל מום on the מזבח. לכן מוסיף רש\"י,

so Rashi adds, ולא שיקרב בעל מום. See, that's why Rashi adds these words. We asked before, Rashi has to tell us that you don't bring it as a בעל מום? We know that! No, here Rashi has to tell us you can't bring it, שהיא פעולה חיובית של קדושה עיקרית, which is the main form בפשטות of how you bring kedushah. But here you can't do it. See, Rashi says you can't, but it's like a question, so what do we do? The Torah says יהיה קודש, what means you got to do it, and על גבי המזבח you can't, what do you do? אלא, Rashi says what do you do with it? יאכל בתורת מעשר. You eat it in the halachah of maaser. That means שגם זו היא פעולה חיובית של קדושה. If you eat it in a form of maaser, it's also an act of kedushah that's called יהיה קודש. You eat it in the form of maaser. We'll see what it means. No, no, no korban. It's a בעל מום, you just you just eat it in the form of maaser. But he'll explain later, what does it mean in a form of maaser? That you when you eat it, you have to have in mind that this is a בהמה of maaser. It's a special halachah. אבל אין זה מספיק. But this would not be enough. כי לאוכלה בתורת מעשר, because to eat it in a form of מעשר, אפשר רק לאחר שחיטה. That's only after you shecht it. ושחיטה בבעל מום אינה חלק מפעולת הקדושה של מעשר. But shechting has nothing to do with maaser. See, by a korban the shechting is part of the kedushah. Here, that's like a separate thing. But the next thing you're going to do with it is shecht it. So, that's not really directly נוגע to the kedushah. ולא מיד כשחלה הקדושה, that doesn't happen right right away, that right away you have to eat it in the form of maaser. לכן מוסיף רש\"י, so Rashi says, but there is something else that is there right away in a form of קדושה, אסור

ליגזז וליעבד. You can't cut the wool, and that's a din of kedushah right away. And you can't work with it. שבקדושה זו צריך ליזהר תכף ומיד כשנתקדשה. With this kedushah you have to be careful right away. So, then let Rashi just say that. אבל מובן שאין זה מספיק, this also wouldn't be enough, כי אינה פעולה חיובית, because that's not a positive act, אלא שלילית, that's something that you cannot do, אסור ליגזז וליעבד. לכן ענין הב' שהוא יאכל בתורת מעשר, so it's both. So, Rashi says must be two things here, that you have to eat it in the form of maaser, which makes the יהיה קודש, but there has to be something more, something right away, and that is that you can't work with it. והענינים אפוא בהלכה זו, basically, this this explains the whole Rashi and answers all the kashiyot. If you look back at all the kashiyot, every word is understood: why it says לא יבקר and then only the גומר, not the rest, that's what he's saying. That's why Rashi starts off with saying, what's Rashi trying to tell us bichlal? Don't think לא יבקר means the second peshat, it comes to mean the first. And why would we think, what is noge'a? Because why doesn't it say בין רע לטוב, the other way? Because it's only telling you don't choose, why would we think you should choose? Because the pasuk says a korban should be a nice one, that's the only reason. Then you'd say, in that case, why does the pasuk mention bichlal between good and bad? That's what Rashi adds, to tell you a new din that בעל מום is also kodesh. Then the question is, if it's kodesh, but what can you do with it? No what יהיה קודש? Yes, you do what you have to do with this. Now, besides pashut peshat in Rashi, the Rebbe always learned that Rashi has סיי נגלה in it, halachah, pilpul, and סיי חסידות, besides the pshat. So מענינים נפלאים בהלכה שבפירוש רש״י, from the special things of Rashi in halacha, is like this: עדיין צריך להבין, we still have to understand קדושה זו בבעל מום שיאכל בתורת מעשר מה ענינו. We have to understand what is the inyan of when it says you have to eat it in the in the בתורת מעשר? What does that mean? What do you do with it? What practically does that mean? נאכל לשני ימים ולילה אחד, the fact that a מעשר בהמה you could only eat for two days and one night, and then late you can't leave it over, הוא רק בתם ולא בבעל מום, that's only by a תם. That's a קרבן. A בעל מום, you could eat as long as you want, so that's not the din. נאכל רק בכל העיר ירושלים, that you could only eat מעשר בהמה in the city of ירושלים, גם זה רק בתם. It's only by a תם, which is a קרבן. אבל בעל מום נאכל בכל מקום, and you can eat anywhere, חוץ לארץ, even חוץ לארץ outside of ארץ ישראל. ואיזה דין מיוחד באכילת מעשר בעל מום, what special din is there by eating a בעל מום שעל ידו תקרא אכילה זו אכילה בתורת מעשר? What does that mean that you eat it in the halacha of מעשר? And in the in the parentheses he said, like just I'll say it fast, there's a din that because it was מעשר originally, you can't sell it by weight. It's a It's not nice for the for a בהמה of מעשר, so there's a din you can't sell it in the butcher shop like regular meat, but that can't mean, because we said before eating בתורת מעשר is something positive, not something you cannot do. So what is it that it means? הכרח לומר, Rashi says, we'll go to the next little page. So we must say שפירוש רש״י הוא כפשוטו ממש. Pshat Rashi means exactly what he says, שהאכילה צריך להיות בתורת מעשר, that you have to eat it in the form of מעשר, meaning שמדאורייתא צריך לכוון שהוא אוכל מעשר. That when you eat this meat, מדאורייתא, from the פסוק, you have to be mechuvan in your mind that I am eating מעשר. ולכאורה חידוש גדול, this is a very big chidush, ולא אשתמיט במקום אחר, that I didn't find it anywhere it should say such a thing, anywhere. There's no place where it says such a new din. It's halacha, that you have to eat the, not the korban, not a korban, that the בעל מום, when you shachat it and eat it, have to eat it with the kavanah of maaser. And that's a chiddush of Rashi in halacha. Why is that not enough? Why do you have to add then don't cut it, and don't Because that's only after Because that doesn't have to be at the shechitah. It has to be that as soon as it becomes holy, it has to be right away something. Right, so that's what we have So that's the shaychut. But the question is: what is this? A new din, this is mamash a chiddush the Rebbe says that from Rashi we see Does that belong to anybody else? How does he taytsh in English נאכל בתורת מעשר? Look what he says. I'll bet you he they have they're looking for for a drey. In the Rashi, when he translate does this translate Rashi also? Yeah? Yeah. What does he say? The last few words of the Rashi. It should be eaten בתורת מעשר. 'But that it should be eaten with the law of the tithe.' What is it? Law of the Tithe. Tithe. What does that mean? Tithe. He says, it may not, well, It's translated, they translated it, 'but that it should be eaten with the law of the tithe.' What does that mean? ArtScroll. Oh, ArtScroll says ArtScroll 'it may not be sold unless it is both blemished and the property of orphans. Even then, it may not be sold in a butcher shop' Oh, yeah. So the Rebbe's point is that that cannot be the pshat, because that's something that you cannot do. Right. It's another negative, we have Negative, and we have to find a

positive. It's just like the shearing and the cutting. Yeah. So Rashi could have said you can't shear, you can't cut it, and you can't sell it, and you can't this. And other things, but then you don't Yeah, you can mention more, but Rashi says you should eat it. So there's a you should eat it, it's a new thing, that you have to eat it with the kavanah of maaser. It doesn't say anywhere. Okay, now, Yeah, you can eat it outside of Eretz Yisrael, you said. Yeah, it's not a קרבן, בעל מום מעשר, even though it has a certain a certain kedushah. The kavanah of maaser is, you should eat it knowing that this is maaser, yeah. You eat outside of Eretz Yisrael. It's not מעשר קרבן, but it's מעשר מעשר בהמה. It means it could have also been eaten by a kohen, right? No, no, no, no, it's not a korban. Regular person. Regular person, a guy got a בעל מום, it's a בעל מום. So, but so I made it clear. A regular person had an ability to, to have some kind of, yeah, you think you guys are always special, you kohanim, we can eat something also בתורת מעשר, yeah. Okay, מיינה של תורה שבפירוש רש״י, what's the Chassidus in Rashi? מבואר בחסידות, it's said in חסידות, שבהזיכוך שבדברים גשמיים לעלותם לקדושה ישנם כמה מדרגות. That when we purify physical things and we elevate it to kedushah, there are different מדרגות. מהם, amongst the מדרגות are like this: You have certain things like this: דברים גשמיים שרק הוכנו לעשיית מצוה טרם שנעשתה בהם מצוה. You have certain things that were already set aside that a mitzvah should be done with it. It's already a certain level of kedushah. that this becomes, before you did the mitzvah. כגון צמר שהוכן לציצית, you have wool that you set aside already, you will make tzitzit out of it. קלף, parchment for tefillin. So it already has a certain elevation. It's not holy yet, but a certain if it's set aside. Then you have למעלה, the higher level, הדברים הגשמיים אחר שנעשתה בהם המצוה, physical things after the mitzvah was done. You've already used it for tefillin, you've already used it for tzitzit. אשר הזיכוך הנעשה בהם בעת עשיית המצוה וקיום המצוה, that this the elevation, the purification that happens at the time when you actually did the מצוה, שהוא זה זיכוך הכי נעלה, that's a very that's a much higher level, רישומו ניכר בדבר גם אחרי קיום המצוה, that stays there even after you do the mitzvah. You finish doing the mitzvah, you put on the tefillin. The moment you put on that tefillin, now after you took off that tefillin, that tefillin is a physical object which has a kedushah, a very strict kedushah in it. ובזה גופא חילוק, and in that itself there is a difference. אינו דומה רושם הזיכוך שנשאר בדברים אשר לאחר עשיית המצוה תשמישי קדושה לאלו שאין בהם קדושה לאחר עשיית המצוה כגון תשמישי מצוה. There are, in objects of mitzvah there are two levels. Certain things are called תשמישי מצוה and certain things are called תשמישי קדושה. Tefillin is called תשמישי קדושה. We'll explain in a minute. Tzitzit is called תשמישי מצוה. What's תשמיש mean? תשמיש, the usage.

Tefillin, if you don't want to use it, can you throw the tefillin on the floor? No, it's holy. Can you take your tallit katan and throw it on the floor? Yes. It says you shouldn't make a בזיון out of it. There's no issur, sure, על פי הלכה you're allowed to throw it on the floor. What happens if your tzitzit go in the bathroom? What happens if your tzitzit tear out? You could throw it away. It just says you should not make a bizayon. So it has a רושם of the mitzvah, it has something, a trace of the mitzvah left, but not really. But certain things, like tefillin, a Sefer Torah, mezuzot, mezuzah is called תשמישי קדושה, that has a רושם even stronger. ויתירה מזו, there's even more. A lulav? Ah, a lulav is is like a like the tzitzit. תשמישי מצוה, yeah. ויתירה מזו, and more, גם בדברים שאין המצוה נעשית בגופם ממש שעל ידם נעשית המצוה, you have other things that they are not even a mitzvah itself, but they are objects through which a mitzvah was done. כגון, ממון הניתן לצדקה. A sukkah? No, sukkah is like tzitzit. Money that you give for tzedakah. Pushka? Pushka. הנה אף שאין במעות אלו שום קדושה, the money that you give to a poor man has no kedushah whatsoever. It's not even like tzitzit, it's nothing. ובכל מקום, still, אינו דומה ממון זה לאחר שקיימו בו מצות צדקה, it's not the same this same money before the מצות צדקה was done לכמו שהיה קודם שניתן לצדקה, between after the מצות צדקה and before. We don't see it, and there's no halachadike meaning, but definitely money that was used for tzedakah is holier than regular money. והפעולה נפלאה שנעשית על ידי זה, שממעות צדקה זה מעלה כל ממון שממנו נתנם. Not only is this money whole has something in it, if this money came from a a pile, let's say you have $100 and you gave $10 maaser, not only is this these $10 special, all other 90 become different because this 10 was given, this is taken. ולכאורה על פי זה, בנידון דידן העשירי מעלה את כל התשעה, עדיין צריכים. Says לפי זה, it just says when you make take מעשר בהמה, you take out the after the 10th comes out, all nine get a special elevation. But this is just by the way, the Rebbe says I'm not so sure, עדיין צריכים, whatever he says. והטעם בזה, what is the reason that... Yeah, yeah, yeah. To a certain degree, it says in Tanya that, when you bring a korban, it says all behemot in the world are elevated, and all דומם because of the salt, yeah, all גשמיות gets a certain elevation. But it's all because of the kedushah that comes. והטעם בזה, what is the reason? זהו החידוש שבמתן תורה, that happened by מתן תורה. When Hashem said עליונים ירדו לתחתונים ותחתונים יעלו לעליונים, the ones from above came down, from down up, there was a combination of holiness and physical things. היינו שהזיכוך הנעשה בדבר גשמי בעת עשיית המצוה נקבע בו רישומו גם אחר עשיית המצוה. Hashem made, caused by מתן תורה that when you do a mitzvah with something, this a trace of the kedushah that's done, that's brought when you do the mitzvah, stays. It starts off when you do the mitzvah, and it stays there.

With the tzedakah, when you give it, so whose is whose is it holy for? The one who receives it or the one who gave it? Whoever has it. Yeah, whoever has it, so... Even if he gives it to the storekeeper now. He goes and buys bread with it. The money though, yeah. The money now is different, yeah. ועניין זה מרומז בפירוש רש״י, that's hinted in Rashi. Rashi says the words, it says like this: מעשר בהמה תמימה שנאמר על זה יהיה קודש, when you take a a מעשר בהמה which is not a בעל מום, תמים, הקדושה הנעשית בו ניכרת בגלוי, so the kedushah that's there, you see, you see the clear kedushah. How do you see it? it קריבה על גבי המזבח. You bring it as a קרבן, דם ואימורים, the blood, the the sprinkling, and the the fats, everything. אבל בהמה בעלת מום שאין מקריבין אותה על גבי המזבח, but a בהמה that has a מום, which you do not bring on the מזבח וכולי, לא נראה בה קדושה אחרי שחלה בה קדושת מעשר, so after it becomes מעשר, there's nothing that you see. Nothing changes it. So a mitzvah was done with it, but you don't see the change. ורק שאסור לגיזה ולעבודה, but the only thing that you see is that you can't cut it, you can't work with it. שזה רק על דרך אסור לבזות, that's not a kedushah, it doesn't show, it's just you can't embarrass it, you can't do anything wrong to it, but it doesn't show a kedushah. אבל באופן חיובי, in a positive way, לא נראית בה קדושה, you don't see kedushah. מה שאין כן בפירוש רש״י, but according to Rashi, it's not like that. כיוון שנתקיימה בה מצות מעשר, since the מעשר מצוה was done, וחלה עליה kedushah, and the kedushah came upon it, נשארה בה קדושה שבאה לידי ביטוי בגילוי לאחר מכן, there is a certain kedushah that stays openly, in a revealed way, after. In which way? יאכל בתורת מעשר, that you have to eat it in the דין of מעשר, שכשנאכלה, that when you eat it, הרי אוכל מעשר, you have to think it maaser, so even Rashi teaches that. Here we see that since a mitzvah was done, there's something later that actually has to be done to it in the form of maaser, which if not for Rashi, we don't know that. That pool of wool is going to be later makes no difference. That what? That pool of wool is going to be later when you eat it, after you shear it. Gufa, but it's still going to be. It's still. Okay, that's one inyan. Want to finish the sichah just? Yeah. So it's something that goes into you, you actually eat it. You did, and it and it and it has a kedushat maaser, and you eat it with Not only it has a certain kedushah See, in the money, you don't see it. When you give money for tzedakah, there's nothing, no הלכות that has to do with that money. A mitzvah was done, but there's nothing seen. In this case, a mitzvah was done, and it's not a korban, and Rashi says there is something that has to be done to it in the form of maaser. It's a It's interesting, even if it's a מום, he still gets that mark when he goes past that number ten. In the corral. Oh, so he's got a mark or something. Yeah, but that goes away. The marking doesn't stay forever, the marking is paint, it goes off. With the wool, it But this is something that stays with it forever.

עוד ענין בענינה של תורה שבא בפירוש רש״י, there's another inyan in Chassidut in this Rashi. ידוע בענין סור מרע ועשה טוב, we know that there are two things: you should stay away from bad, and you should do good. שעיקר המשכת קדושת אלקות על ידי ועשה טוב, מצות עשה דוקא. What brings down Godliness into the world?