Transcript Translit עברית
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0:02 All right so we'll say good morning good morning let us begin by thanking all of our sponsors for this morning's Shiur to thank our Talmud Torah sponsors for the month of Elul Haba aleinu letovah the Shonfeld Mishpacha for dedicating all of Shiurim and Drashos Le'ilui nishmas 0:25 צבי מאיר בן משה הלוי Zichrono livracha Justin and Abigail Rosemar for dedicating all of Shiurim and Drashos this month with gratitude to the entire Kehilla with the hope that our Tefillos during Yamim Noraim will all be heard and answered Im yirtzeh Hashem Leah Saul for dedicating Shiurim and 0:43 Drashos this month in recognition of the entire Kehilla and in the Zchus of continued Refuah sheleimah for Ilana bas Esther Baruch Meir and Neta Dubin Le'ilui nishmas שרה חנה בת בערל נחום גרשון יעקב בן משה Zichrono livracha and in the hope that Im yirtzeh Hashem and for gratitude for a year filled with family Simchas 1:04 may all of our Tefillos Im yirtzeh Hashem be answered and may Mashiach come Bimhera beyameinu amen our Daf Yomi sponsors for today Ayala and Sarah Steinberg in the Zchus of continued Refuah sheleimah for Bassousha and for an ultimate Refuah sheleimah Rabosai with that let us begin Baruch Hashem we have 1:19 a great Daf ahead of us today today's Daf is Kuf yud zayin 117 we are picking up Im yirtzeh Hashem at the two dots on קטז עמוד ב 116b and remember again the Mishnah introduced us to the process of cheese making so the Gemara says as 1:42 follows כשרה שינקה מן הטרפה so the Gemara says remember again if you have a kosher animal that nursed from a Treifa animal then you Shecht the kosher animal and you find milk inside of the stomach of the kosher animal you may not use 1:56 that to make cheese why not because again the assumption is that that's coagulated milk that it went ahead and nursed from the non-kosher animal so therefore again that's non-kosher milk can't use it V'ha kataneh reisha קיבת עובד כוכבים ושל נבילה הרי זו אסורה but yet the Gemara said in 2:14 the Reisha that it's only the stomach the milk from the stomach of an animal of an Oved kochavim the way we explained that phrase yesterday is that the Shechita of an Oved kochavim is a Neveila and therefore if you find milk in 2:26 that animal's stomach you may not use it which sounds like any milk found in the stomach of a kosher animal should be absolutely fine to which the Gemara says אמר רב חסדא רישא נראה כאוכל נבילות now Rav Chisda said the issue in Reisha is that it 2:42 looks like you're eating non-kosher meat since you're taking something from the stomach of the non-kosher animal it has the appearance like you're eating Neveilos but in this case over here there's a Shechita by this animal אמר ליה רבא ולאו כל דכן הוא so Rava said but 3:00 all the more so that creates a problem why ומה נבילה דמאיסה דשריא ליה קיבתה לא אתי למיכל מינה אמרת לא when it comes to Neveila Neveila generally is considered to be repulsive to a Yid so what happens even if you allow to use the milk found in the stomach of the animal 3:15 one is not going to come to eat the rest of the animal טרפה שחוטה דשריא ליה אתי למיכל מינה לא כל דכן דתהוי אסורה but when it comes to a Treifa that's been Shechted if you allow the person to use the milk found in the stomach of the animal they may 3:30 come to eat the actual animal itself all the more so it should be Assur אלא אמר רבי יצחק אמר רבי יוחנן לא קשיא כאן קודם חזרה כאן לאחר חזרה ומשנה לא זזה ממקומה as we remember again we gave this answer yesterday that in this conversation there are two iterations of this conversation and the first version of the 3:49 conversation Halacha le'maiseh milk found in the stomach of the animal ultimately again was problematic had the identity of food in the we'll call it the retraction or the Chazara the second final phase the Gemara says no you can use milk found 4:07 in the stomach of an animal even in the stomach found even in the stomach of a kosher animal sorry of a non-kosher animal why Rabosai remember the phrase Pirsha b'alma Pirsha b'alma just means it's a non- it's a non-substance it's a non-substance again 4:25 it falls like almost like into the excrement category a non-substance the only time that you can't use Pirsha right a non-substance is when by Avoda Zara right if you go ahead and you have an animal of Avoda Zara then because of the 4:40 nature of the intensity of the restriction of Avoda Zara anything that comes from an Avoda Zara animal is going to be Assur so even again the milk found inside of the stomach of the animal is going to be problematic now this remember 4:51 this so therefore that's what it means before Chazara we thought that the milk found in the stomach of the animal ultimately again was problematic had a status is halacha lemaysa by Avodah Zarah where a pirsha be'alma is problematic even by Avodah Zarah. 5:16 And of course, remember this is all talking about the milk found in the stomach. 5:20 Of course if you use a piece of the stomach lining itself, that's a different discussion. 5:25 Right? Then remember again, because the stomach, the stomach itself is treated like basar, and because it's basar, again that's going to be that's going to be a separate halachic issue of nosein ta'am or flavor infusion. 5:36 So the gemara goes weiter. 5:37 The gemara says אמר רבי חייא בר אבא אמר רבי יוחנן מעמידין בקיבת נבילות ואין מעמידין בקיבת שחיטת עובדי כוכבים. 5:45 So listen to this. 5:46 Rabbi Chiya in the name of Rabbi Yochanan, very interesting halacha. 5:50 You can make cheese from the milk found in the stomach of neveilos. 5:52 Now again neveila is just a non-kosher animal. 5:54 So you have a non-kosher animal, whatever you did with it, it doesn't matter, you clocked it over the head, cut it open, opened up its stomach, there's milk in there, you could take that milk and you could make cheese. 6:04 However, you cannot make milk with you cannot make cheese with the milk found in the stomach of an animal slaughtered by an akum. 6:13 So the gemara says okay. 6:14 אמר לפני אמר לפני רבי שמעון בר אבא כמאן, whose opinion does this reflect? 6:19 כרבי אליעזר דאמר סתם מחשבת עובדי כוכבים לעבודת כוכבים. So rabosai it's refer to what we just said before. 6:27 This reflects the view of Rabbi Eliezer, and Rabbi Eliezer holds that stam when an akum shechts, he has in mind ultimately again for his Avodah Zarah. 6:35 That's what he has in mind for. 6:37 And because he has in mind for his Avodah Zarah, therefore again remember as we said before rabosai, you could the gemara suggesting you can use the milk found inside of the stomach of a neveila. 6:49 Why? Because that milk is pirsha be'alma, it's a non-substance, a non-substance. 6:55 However, by Avodah Zarah, even a quote unquote non-substance is still going to be problematic and halacha lemaysa halacha lemaysa cannot be used. 7:05 As the gemara says: אמר ליה ואלא כמאן כי אתא רב שמואל בר אבא בר יצחק אמר רבי יוחנן מעמידין בין בקיבת נבילה בין בקיבת שחיטת עובדי כוכבים שלא לחוש לדברי רבי אליעזר. 7:17 Ay wait a second. 7:19 But yet when Rabbi Yochanan came along, or as Rav Shmuel bar Abba bar Yitzchak came along in the name of Rabbi Yochanan that no, you can use the milk from the stomach of a neveila, you can use the milk from 7:28 the stomach of an animal shechted by an ovdei kochavim, it's all good. 7:31 So rabosai whose opinion does that reflect? 7:33 That's not like Rabbi Eliezer. 7:35 Right? That's an opinion that says that no we don't assume that an akum always has in mind for his Avodah Zarah. 7:42 Okay, so machlokes. And rabosai look at the gemara: vehilchesa, what is the halacha? 7:46 אין מעמידין בעור קיבת נבילה. So rabosai this is the halacha lemaysa of the gemara. 7:52 So the gemara paskens you may not make cheese with the actual stomach of a non-kosher animal. 7:59 That you can't do. 8:00 Right? Because again rabosai based on what we saw in the mishna, that has the din of basar, that has the din of meat, and therefore you cannot go ahead and do it. 8:09 אבל מעמידין בקיבת נבילה ובקיבת שחיטת עובדי כוכבים. But what can you do? 8:15 You can make cheese with the milk found in the stomach ultimately of a neveila or of an animal slaughtered by an akum. 8:24 ובקיבת כשירה שינקה מן הטריפה, certainly you could go ahead and make cheese ultimately again with the milk found in the stomach of a kosher animal even if it nursed from a treifa. 8:38 and all the more so ultimately again from the stomach of a non-kosher animal which or from a treifa which nursed from a kosher animal. 8:46 Mai ta'ama? Now rabosai so essentially by the way, what's the conclusion of the gemara? 8:50 The conclusion of the gemara is pretty much you can go ahead and make cheese from milk found in the stomach of any animal. 8:59 The only exception is will be Avodah Zarah. Avodah Zarah you can't take the milk found in the stomach of an Avodah Zarah animal, right, and use that to make cheese but any other animal, kosher, not kosher, right, shechted, not shechted, you could use it. 9:13 What's the reason? Says the gemara: Why? 9:16 מאי טעמא חלב המכונס בה, because milk that you find in the stomach of a slaughtered animal, and I say slaughter, slaughter doesn't have to mean shechita, right, of a dead animal, what is the halacha? Pirsha be'alma hu. Pirsha be'alma. 9:31 It's a non-substance. It's a non-substance. 9:34 And because it's a non-substance, therefore again it's not food, it's not nothing. 9:39 And therefore again halacha lemaysa, the gemara suggest or I should say gemara says halacha lemaysa, you can use it. 9:45 Right? So therefore again rabosai it's a fascinating conclusion of the gemara is you can make cheese out of the milk found in the stomach of pretty much any animal because it's pirsha be'alma. 9:53 The only difference will be ultimately again for a for an Avodah Zarah animal where even pirsha is going to be assur. 10:01 Okay Rabosai so just point out the actual Halacha L'Maiseh is much more complicated right and the reason why it's much more complicated is because this milk found in the stomach of the animal is what we call in Halacha a Davar Hamamid Davar Hamamid is 10:16 essentially a coagulant now in Halacha certain things by definition have an inherent hashivus an inherent importance because they allow for a subsequent process to occur so this milk that you're finding in the stomach of the animal is not just mere 10:32 milk this is the coagulant this is what allows the cheese to form so in Halacha a Davar Hamamid we paskin is never bottel is never bottel so therefore again it's found now again how it is that the Gemara ends off with 10:46 one type of conclusion and the Halacha L'Maiseh is slightly different okay that's a much further discussion so I just want to point out while it's true that we look at the milk as Pirsha Be'Alma as a non-substance it is just important to 11:00 know that there is another competing halachic value of Davar Hamamid of what we call again a coagulant a Davar Hamamid literally means something that establishes something else in our in our case it's the coagulant and just understand that according to many Davar Hamamid 11:14 is not bottel which is why the Halacha L'Maiseh is just not as simple as the Gemara makes it out to be okay incredible there's a whole Rabosai there's so much more to say on this sugya this is the cheese sugya which 11:25 is a fascinating fascinating sugya in and of itself but again we'll have to put it on our long list of sugyas that we have to revisit Halacha L'Maiseh says the Mishna חומר בחלב מבדם וחומר בדם מבחלב there's a stringency that cheilev has over blood and that 11:42 blood has over cheilev here we go Chomer be'cheilev so there's a stringency that cheilev has שהחלב מועלין בו so again cheilev itself is subject to me'ilah Rabosai remember again me'ilah me'ilah means mundane usage of consecrated items so obviously Rabosai we're talking about cheilev of a 12:03 korban right obviously right because if me'ilah so me'ilah of korbanos so subject to me'ilah וחייבים עליו משום פיגול ונותר וטמא and ultimately again it is subject to laws of pigul which again Rabosai we know the laws of pigul well from our Zevachim days laws of 12:20 pigul which means again Rabosai anytime that you have a disqualifying thought to eat something or to burn something outside of its permitted area or permitted time that makes the korban pigul nosar means anything that's left over past its permitted window has to 12:33 be burned ve'tamei and the halachos of tuma Rashi says over here ve'tamei means אם אכלו בטומאת הגוף חייב שתי חטאות that if you were to go ahead and eat cheilev in a state of tuma you'd actually be chayav for two chatos one because of eating cheilev and 12:51 another for eating sacrificial matter in a state of tuma so again so interestingly enough cheilev essentially is not essentially cheilev is considered to be part and parcel of the korban in its entirety therefore subject to me'ilah subject to pigul nosar and 13:05 tuma מה שאין כן בדם it's fascinating however blood is not sacrificial blood is not subject to me'ilah not subject to pigul not subject to nosar and not subject to tuma fascinating fascinating Chomer bedam and Rabosai what's the chomer that dam has over over cheilev 13:25 שהדם נוהג בבהמה וחיה ועוף בין טמאים בין טהורים the prohibition of blood applies to everything right beheima chaya and of and whether again a kosher species non-kosher species the prohibition of blood applies וחלב אינו נוהג אלא בבהמה טהורה בלבד whereas cheilev Rabosai only applies to what kosher beheimas right remember again cheilev doesn't even apply to 13:46 chaya or to of in kosher species all the more so non-kosher species incredible Rabosai let's analyze Mina hani mili from where do we know this now specifically the Gemara wants to know from where do we know that cheilev is subject to me'ilah 14:04 where where do we know that from mi'na lan אמרה מהאי דאמר קרא as the Pasuk says כאשר יורם משור זבח השלמים so the Pasuk says like that which was raised ultimately again from the shor of the zevach shelamim again Rabosai the context over here is the Par Kohein Hamashiach right the 14:22 special par that was offered up by the anointed Kohein and וכי מה למדנו משור זבח השלמים now why does the Torah have to add in that phrase what what does that phrase come to teach me מעתה הרי זה בא ללמד ונמצא למד it turns out that ultimately originally we thought that 14:37 this phrase came to teach us something but it turns out itself to be the actual item that we learn how so מקיש שור זבח השלמים לפר כהן המשיח we compare the shor zevach hashelamim to the Par Kohein Hamashiach how so מה פר כהן המשיח יש בו מעילה אף שור זבח השלמים יש בו מעילה just like the Kohein's offering is subject to me'ilah. 15:01 so to again this shor zevach hashelamim is also subject to me'ilah. 15:05 אמר ליה רבי חנינא. Rebbe Chanina says: okay, ke'urz and efrochi, and therefore again that would devolve upon ultimately again the cheilev as well. 15:15 אמר רבי חנינא כעורה זו ששנה רבי. I don't understand, do you dislike this? 15:20 I'll point out, it's the second time in the sugya we've actually had this expression. 15:24 Just interesting. So is it repulsive to you that which Rebbe stated? 15:27 Kol cheilev l'Hashem. The pasuk says all cheilev is to Hashem, which means all cheilev is assur. L'rabos, what does that come to include? 15:36 אימורי קדשים קלים למעילה. Because everybody, the underlying piece over here is, interestingly enough, that when the Mishnah says that cheilev is subject to me'ilah, the Mishnah makes no difference between kodshim kalim and kodshei kodashim, which the Gemara just finds that intriguing. 15:52 So therefore the Gemara says: I don't understand, Rebbe already, the Gemara suggests, Rebbe already taught this: Kol cheilev l'Hashem. 15:58 The pasuk says all cheilev is prohibited to Hashem, and that's all cheilev לרבות אימורי קדשים קלים למעילה. 16:04 That tells you that whether you're kodshim kalim or kodshei kodashim, higher sanctity korbanos, lower sanctity korbanos, ultimately again everything is subject to me'ilah. Amar Abaye itzricha, need both, I'll tell you why. 16:16 Di'chsav Rachmana cheilev, if the pasuk would have just said cheilev, the pasuk that Rebbe quoted, kol cheilev, הוה אמינא חלב אין יותרת ושתי כליות לא. 16:24 I would have thought that it's cheilev that's subject to me'ilah, but ultimately again perhaps yoseres is the diaphragm, shtei klayos are the kidneys, perhaps not. 16:34 Therefore כתב רחמנא כאשר יורם. Anything that is placed on the mizbe'ach, and that therefore that would include diaphragm and kidneys. 16:42 וכתב רחמנא כאשר יורם, and if the pasuk would have just said, as is put up on the mizbe'ach, הוה אמינא חלב אליה דליכא בשור לא. 16:52 I would have thought ultimately again it includes the tail cheilev. Cheilev alya, everybody, is the cheilev of the tail. 16:59 Now only a kesev has tail cheilev, a behemah does not have tail cheilev. 17:05 So I would have thought חלב אליה דליכא בשור לא. 17:09 Perhaps again everybody, perhaps halacha l'ma'aseh the tail cheilev, which is only by a kesev not by a shor is not included. 17:15 Therefore כתב רחמנא כל חלב. Therefore again the Torah says all cheilev. 17:21 אמר ליה רב זביד. אי אליה איקרי חלב תיתסר באכילה. So the Gemara says: I don't understand. 17:27 If at the end of the day the tail cheilev is called cheilev, then it should be assur ba'achilah. Amar lei, alecha amar kra, by you the pasuk said כל חלב שור וכשב ועז. 17:38 This is very interesting. 17:39 The pasuk when it prohibits cheilev says all cheilev of a shor, kesev, and an ez. 17:45 דבר השוה בשור וכשב ועז. This is very interesting. 17:50 The Torah says that the cheilev prohibition devolves upon something that is similar in all animal types. 17:57 That refers to primary cheilev. 17:58 Interestingly enough, tail cheilev apparently only applies by a kavish and therefore halacha l'ma'aseh is actually not subject to the prohibition of cheilev. 18:07 Fascinating. Rav Ashi: Rav Ashi says: חלבו האליה איקרי חלב סתם לא איקרי. 18:16 Now the reason why tail cheilev interestingly enough is not assur is why? 18:20 Because it's called it's called tail cheilev as opposed to what? 18:24 Just cheilev. When the apparently the prohibition devolves upon items that are called just stam cheilev. 18:30 But anything that has a modifier attached to it is not subject to the prohibition. 18:35 Tail cheilev is not called cheilev, tail cheilev is called tail cheilev. 18:39 Prohibition only devolves upon things that are just called cheilev stam. Ela mei'ata, if that's the case ultimately again that it's not even called cheilev stam, lo yima'alu bo? 18:49 Maybe it shouldn't be subject to me'ilah. 18:52 אלא מחוורתא כדרב זביד. Rather the Gemara says ultimately again it seems to be clear as Rav Zvid said. 18:57 And that was the opinion he quoted before. 18:59 So everybody, the takeaway, the takeaway is that halacha l'ma'aseh cheilev is subject to me'ilah. 19:04 That's the takeaway. And interestingly enough, this is all types of cheilev. 19:07 This is cheilev ultimately again of kodshim kalim, cheilev of kodshei kodashim, all types I should say all types of korbanic cheilev ultimately again are prohibited. 19:19 Incredible, incredible. And again, this is one of the primary distinctions between blood and between cheilev. Cheilev subject to me'ilah, blood not subject to me'ilah. 19:28 Fascinating. Let's go back to: מה שאין כן בדם. 19:31 So now the Gemara goes does the reverse of this: but it doesn't apply to blood. 19:34 In other words, there is no prohibition of cheilev, oh sorry, of me'ilah when it comes to blood. 19:38 So Gemara: min hanei milei, from where from where do we know that? 19:42 That blood is not subject to me'ilah? Amar Ulla d'amar kra, because the pasuk says: lachem shelachem yiheyeh. 19:48 So everybody this is very interesting, so obviously blood is assur, right? 19:54 We understand that. You're not allowed to eat blood. 19:56 Now interestingly enough by the way I want to point out the prohibition of blood of course. 20:00 It devolves upon sacrificial blood, regular blood. 20:04 The Gemara is highlighting a fascinating detail that the Mishna Brura brought down, which is, as much as sacrificial blood is prohibited for consumption, it is not subject to Me'ilah. 20:14 So for example, if you were to go ahead and take sacrificial blood and go ahead and use it as fertilizer on your field, not good, but you're not in violation of Me'ilah. 20:26 If you were to take sacrificial chelev and feed it to your animals, you would be in violation of Me'ilah. 20:33 Right? So just pointing this out. 20:34 So the Gemara says over here is, how do we know that blood, that sacrificial blood, is not subject to Me'ilah? 20:40 See interestingly enough, Ulla says because the Pasuk says lachem shelachem yihiye. 20:44 The Pasuk that the Gemara is quoting over here, the Gemara says, כי נפש הבשר בדם הוא ואני נתתיו לכם על המזבח לכפר. 20:53 I've given it to you. 20:55 So interestingly enough, the Gemara says giving it to you means that it's not, so to speak, under the authority of the Beis HaMikdash. 21:03 In other words, that it's yours. 21:05 Now, Rabbosai, obviously, one should not intentionally go and use sacrificial blood for their own purposes, right? 21:12 But l'ma'aseh, if I did it, it's not subject to Me'ilah, because when discussing sacrificial blood, the Torah uses the word lachem, yours. 21:21 Yours meaning not subject to Me'ilah. 21:24 Fascinating. Shelachem yihiye. D'vei Rabi Yishmael tana: so d'vei Rabi Yishmael had a different drasha, they said, l'chaper. 21:30 The blood is there for kapparah. 21:33 לכפרה נתתיו ולא למעילה. The blood is given over ultimately, again, for kapparah purposes and not for meilah purposes. 21:40 רבי יוחנן אמר רבי יוחנן: amar kra: hu. הוא לפני כפרה כלאחר כפרה. That again the blood, Rabbosai, means, we've seen this kind of drasha before. 21:51 Whenever you see hu, hu means an item remains in a consistent state, meaning that the blood has the same status before atonement as it does after atonement. 22:01 How so? מה אחר כפרה אין בו מעילה, just like after atonement is done, Rabbosai, and remember again, how is blood used for atonement? 22:12 It's sprinkled. Once the sprinkling is done, it's no longer subject to meilah. 22:17 Now why is that? 22:18 Because, Rabbosai, we have a rule. 22:19 What's the rule? Once an item has been used for its designated purpose, it's no longer subject to meilah. 22:27 That is a general rule that we have. 22:30 So therefore halacha l'maaseh, the Gemara says, just like blood, מה אחר כפרה אין בו מעילה, just like after blood is utilized, it's not subject to meilah anymore, and again, Rabbosai, that's based on a general rule, right? 22:42 אף לפני כפרה אין בו מעילה. So too before you use it, it's also not subject to meilah. 22:49 Incredible. Okay. So the Gemara says, wait a second. 22:52 Why not the reverse? 22:53 ואימא הוא אחר כפרה כלפני כפרה. Why not say that blood after atonement has the same status as it did before atonement? 23:02 And just like מה לפני כפרה יש בו מעילה, אף לאחר כפרה יש בו מעילה and I'll say just like before it's sprinkled, before atonement, it is subject to meilah, so too after atonement it's subject to meilah, to which the Gemara says no, it doesn't make any sense. 23:14 אין לך דבר שנעשית מצוותו ומועלין בו. There's no such thing as an item that's used for its sacrificial designation that is still subject to meilah. 23:24 This is very important. 23:25 Once an item has been used for its sacrificial purpose, it is no longer subject to meilah. 23:35 The Gemara says that's a rule. 23:39 That's a rule. So the Gemara says, really? 23:50 Is that a rule? 24:12 Listen to this. ולא והא תרומת הדשן? 24:18 What about terumas hadeshen? And again, Rabbosai, what's terumas hadeshen? 24:24 Remember again, what happens in the Beis HaMikdash overnight? 24:29 There's no korbanos. So what do they do overnight? 24:31 They burn all the leftover fats and limbs, which means that when the Kohen shows up for work in the morning, what does he find? 24:37 He finds a large pile of ash. 24:39 So the halacha is, the halacha is that the Kohen has to go in, he takes a shovelful, firepan filled with ash, and he deposits it on the floor by the side of the Mizbeach. 24:51 That's called terumas hadeshen. Take a quick look at Rashi over here. 24:56 It's beautiful terumas hadeshen. Rashi says, Rashi is two, four. 25:01 six, seven lines up from the bottom. 25:02 Terumas hadeshen. Rashi says, terumas hadeshen. Rashi says, kol boker. 25:09 And Rashi says something interesting. 25:12 Last week I got a WhatsApp note from one of our Daf Yomi followers, not here in the shiur, giving me a little bit of mussar. 25:19 Said, Rabbi Silver, always good mussar, always starts with a compliment. 25:22 The shiur is great, all good. 25:24 Says, it bothers me a little bit that you don't give us the exact line of Rashi. 25:30 Why do you just say approximately six, seven lines? 25:33 Like, tell me how many lines. 25:36 Tell me how many lines. 25:38 How many, how many lines. 25:40 So I was like, I was like, how do you like your coffee? 25:43 You know, and I sat back and I thought, it was actually such a good mussar. 25:46 It was such a good mussar. 25:47 There's a mishna in Avos. 25:48 The mishna in Avos says, אל תרבה לעשר אומדות. 25:51 Literally, again, don't tithe by estimation. 25:55 Right? A person might say, you know what, in a good way, right? 25:59 Let's say I have to take my maaser. 26:01 I don't know exactly how much I have. 26:03 So I'm just going to estimate. 26:05 I'm just going to estimate and I'm going to overestimate. 26:07 That way I know for sure that I'm giving more than enough. 26:09 The mishna says, don't do that. 26:12 So the Medrash Shmuel, ר' שמואל די אוזידא, brings down, he says, why not? 26:15 In other words, I understand that there's a fear that I'm going to give less. 26:18 But let's say I know for sure I'm giving more. 26:21 Why not just, why not overestimate? 26:25 And the Medrash Shmuel says something so beautiful. 26:26 He says that because Yiddishkeit is about precision. 26:31 It's about knowing what you're doing, why you're doing it, and having a plan about what you're doing. 26:35 If you're kind of like guesstimating, even if you're over-giving, that's an imprecise Yiddishkeit. 26:42 And the Ribbono Shel Olam cares about precision. 26:44 Why? Because I was thinking about this just a moment. 26:46 Precision in general shows how much you care about what it is that you're doing. 26:54 Right, rabosai, how many times does a person start on a home project? 26:58 Right? And you start, and you're whatever, in the beginning you're really excited. 27:01 And then it drags on and on. 27:03 And after a certain point you're like, I'm just getting this finished. 27:05 Right? So the door is a little bit askew, right? 27:08 Or the paint job didn't finish up exactly as it's supposed to go. 27:12 Why? Because you simply lose interest. 27:13 Right? Imagine, imagine you tell your wife, right? 27:16 I know your birthday is sometime this week. 27:20 Right? Say here, happy birthday, right? 27:21 Until 120. You just give the gift. 27:24 Right? I've got the right week. 27:26 I know, the day, whatever, let's not get caught up in details. 27:29 Right? Rabosai, it's all about precision. 27:32 It's all about precision because precision ultimately, again, highlights how much you care. 27:38 And that's why the mishna says, if you overestimate, if you're estimating and tithing, it means you don't care enough to know exactly what you're obligated, what the halacha says. 27:47 Do things with precision. 27:49 So I was, I was really, it struck me. 27:51 I'm not going to lie. 27:52 I was a little bit taken aback by it at first, but l'maise, it was a good, it was a good mussar. 27:57 So therefore, again, Rashi is exactly two, four, six, seven lines up from before the lines get wide. 28:04 Terumas hadeshen. So Rashi says, kol boker, torem mideshen, torem mideshen hazeh. 28:09 Every morning the kohen comes in and he takes from the ashes on top of the mizbeach, melo machta, a shovelful, v'nosna betzidi hamizbeach, and he places it on the side of the mizbeach, v'nivla sham bimkomo. 28:24 Again, rabosai, one of the incredible miracles that happened inside the Beis Hamikdash, rabosai, this is incredible. 28:28 One of the miracles was that the floor swallowed up the ash that was deposited on it. 28:34 So the kohen would take but a shovelful of ash, not dirt, place it on the floor and the floor would swallow it up. 28:41 כדכתיב והרים את הדשן אשר תאכל האש ושמו אצל המזבח. מלמד שטעון שימה וגניזה. Alma assur behana'ah. So here's what's interesting. 28:53 What's interesting is I would have thought like this. 28:55 I would have thought, the kohen takes the ash from the mizbeach, deposits it on the floor next to the mizbeach, and done. 29:02 The avoda's done. Now once the avoda's done, then what should happen? 29:05 Based on what we said, halacha l'maise, the ash should now become permitted for hana'ah. 29:11 Right? Because remember, there's, anytime you've used an item in the Beis Hamikdash for its intended purpose, it's no longer subject to me'ila afterwards. 29:19 But yet, rabosai, we see something interesting. 29:21 The fact that there was a miracle and the ground swallowed up the ash, what does that show? 29:26 That even after the ash was placed on the floor, it was still subject to me'ila. 29:30 Because if it wasn't subject to me'ila, then who cares? 29:33 Why did a miracle swallow it up? 29:34 Just remove it, just throw it out, just use it as fertilizer in your garden. 29:38 But you see from here that even after the ash was used for its intended purpose, it's still subject to me'ila. 29:48 So that contradicts the rule that we just said before, to which the Gemara says, no, no, no, משום דהוי תרומת הדשן ובגדי כהונה שני כתובים הבאים כאחד. 29:55 Rabosai, it's incredible. Because there's another example, bigdei kehuna. Rabosai, this is really beautiful. 30:01 Look at Rashi, bigdei kehuna. 30:02 This is the first wide line in Rashi. 30:05 Bigdei kehuna. Rashi says, arba'a bigdei lavan. Rabosai, incredible. 30:08 Yom Kippur gemara. Yom Kippur gemara. Listen to this. 30:12 So this is specifically talking about the bigdei kehuna that the kohen gadol wore on Yom Kippur. 30:17 Now remember again, on Yom Kippur, the kohen gadol wore plain white. 30:21 So he wore four specific garments. 30:22 He says נכנס לפני ולפנים ביום הכיפורים. So these are the four garments that the kohen wore when he went into the kodesh hakodashim on Yom Kippur. 30:29 So what's the halacha? Te'unin geniza olamis ואין הדיוט עובד בהן כל השנה ולא כהן גדול ליום הכיפורים אחר, right after ketiv ופשט את בגדי הבד והניחם שם. 30:39 Rabosai, listen to this. 30:41 Fascinatingly enough, the clothing that the kohen gadol wore on Yom Kippur is the very type of clothing that a regular kohen would wear during the year, right? 30:50 It was just the simple white linen clothing. 30:53 But the halacha is that the Torah says when the kohen gadol finishes avodas Yom Kippur, ופשט את בגדיו והניחם שם. 31:01 The pasuk says he will take off his clothing and he will deposit them there. 31:04 The gemara learns that from here, two things. 31:05 Number one, number one, kohen gadol cannot reuse clothing year to year, cannot reuse clothing year to year. 31:11 And number two, ultimately even a plain kohen, right, a kohen hedyot cannot use that clothing ultimately again for daily service. 31:20 Now interestingly enough, that a kohen hedyot can't use it for daily service, that makes sense. 31:24 Why does it actually make sense? 31:25 Why does that make sense? 31:26 מעלין בקודש ואין מורידין. But why can't the kohen gadol wear the same clothing year after year? 31:33 Because rabosai, if I'm wearing the same clothing from Yom Kippur to Yom Kippur, what a fail. 31:40 What a life fail, right? 31:42 The whole avoda of life is not to be wearing the same clothing. 31:47 And this is not a fashion statement, but clothing represents ultimately again who you are, clothing represents identity, clothing represents who you are, what you are. 31:56 If you're walking into Yom Kippur with the same clothing year after year, that means I haven't changed, that means I haven't evolved, that means I haven't grown. 32:05 And for the kohen gadol who's supposed to represent the pinnacle of Jewish accomplishment, to wear the same clothing Yom Kippur after Yom Kippur, ah, that's the antithesis of what Yom Kippur is. 32:15 Rabosai, the whole avoda of Yom Kippur is to be able to say Ribono shel olam, I deserve your forgiveness, why? 32:21 Because I'm someone different than I was last year. 32:23 Not perfect, far from it. 32:25 I still did a lot of aveiros, but I promise you I have grown and let me show you the areas in which I've grown. 32:30 I wear different clothing this year than I wore the previous year. 32:34 Point over here is that what do you see? 32:37 That the bigdei kehuna are subject to meila, right? 32:39 Because the fact that they have to be put into shaimos, they're put into geniza, they cannot be reused, even though again they've been utilized for their sacred mission indicates to us that even something that's been used for its mission ultimately 32:52 is also subject to meila. 32:53 So rabosai, now watch this. 32:55 What do I have? 32:56 I have two, two, two examples of items where even though they were used for their intended purpose are still subject to meila. 33:04 What are those two things? 33:05 Trumas hadeshen and bigdei kehuna. Rabosai, what does this create? 33:09 The gemara says וכל שני כתובין הבאין כאחד אין מלמדין. 33:12 So rabosai, remember again, we actually spoke about this this week as well. 33:18 In general, when the Torah wants to create a rule, what does it do? 33:22 Say it once. When it wants to create an exception, what does it do? 33:26 Say it twice. So the rule is any item used for its intended purpose is not subject to meila. 33:32 Ah, but there are two examples where that's not true. 33:35 You're right. That's שני כתובין הבאין כאחד וכל שני כתובין הבאין כאחד אין מלמדין. 33:38 Those are the exceptions, not the rule. 33:44 Haniha lerabbanan, so the gemara says דאמרי והניחם שם מלמד שטעונין גניזה. 33:51 That works fine according to the rabbanan who say that by the bigdei kehuna, by the kohen gadol's clothing of Yom Kippur, viniham sham means geniza, you have to hide it away. 34:00 אלא לרבי דוסא דאמר שלא ישתמש בהם ליום הכיפורים אחר. But according to Rabbi Dosa who says that no, a regular kohen actually is allowed to use them for year-round use, just the kohen gadol can't use them next Yom Kippur, mai ika lemeimar? 34:16 אלא משום דהוי תרומת הדשן ועגלה ערופה שני כתובין הבאין כאחד. Okay rabosai, egla arufa. Now again, what does it say by egla arufa? 34:23 Last Rashi on the daf. 34:26 Rashi says so rabosai, by the way, just as an aside, just kind of file this away somewhere. 34:31 Fascinating machlokes about the clothing of the kohen gadol. 34:34 Everyone seems to agree that the kohen gadol cannot wear the same clothing year to year. 34:42 The machlokes is can a kohen hedyot use the kohen gadol's clothing of Yom Kippur for year-round service? 34:49 That's an interesting machlokes. 34:50 But what about egla arufa? 34:52 Last Rashi on the daf, two lines up from the bottom, אף על פי שנעשית מצותה אסורה בהנאה דכתיב וערפו שם שם תהא קבורתה. 34:58 The halacha by Egla Arufa is Egla Arufa is assur behana'ah. 35:03 Even after you decapitate the calf, right, so you've done what you have to do with the calf, it is still assur behana'ah. 35:10 So here's an example ultimately of something where its purpose has been served but yet still subject to me'ilah. 35:18 So as rather the Gemara says it's Egla Arufa and Egla Arufa and Trumat Hadeshen are שני כתובים הבאים כאחד. וכל שני כתובים הבאים כאחד אין מלמדין. 35:27 Anytime the Torah says something twice is it tell you ultimately again you can't create a rule to which the Gemara says הני ניחא למאן דאמר אין מלמדין אלא למאן דאמר מלמדין מאי איכא למימר. 35:39 So that works fine rabosai by the way if you say שני כתובים הבאים כאחד אין מלמדין. 35:42 But according to the opinion that says melammedin, that means you should be able to make a rule. 35:46 What's the rule? What's the rule? 35:48 Even when items have been used for their designated purpose, halacha lema'aseh they're still subject to me'ilah. Mai ika lemeimar? Amud bet, terei mi'utei ketivi, coz rabosai the Torah uses two exclusionary words in these two pesukim. Hacha ketiv vesamo, it says this about Trumat Hadeshen, vesamo you shall place it, which indicates that there's a 36:11 unique halacha that applies to Trumat Hadeshen. 36:14 And ultimately again ha'arufa, the decapitated one, which indicates that these two situations are treated differently ultimately again than the rest of Torah. 36:24 So again rabosai the way the Gemara sends the guf is as follows: the rule is the rule; the rule is the rule. 36:29 What's the rule? Anytime something has been used for its designated purpose, after I should say after something has been used for its designated purpose, it is no longer subject to me'ilah. 36:38 And that is the rule. 36:40 And rabosai when does the rule apply? 36:42 When does the rule apply? 36:43 Every time except when it doesn't. 36:46 Right? And when the good news is there's only three we can count, when doesn't it apply? 36:52 It doesn't apply again in three cases: Trumat Hadeshen where even after you place the ash on the ground, the ash is still subject to me'ilah; the clothing of the Kohen Gadol where again halacha lema'aseh the Kohen cannot use it on a subsequent Yom Kippur 37:09 and according to many opinions a regular Kohen can't use it during the year either so subject to me'ilah; and number three Egla Arufa, even after it is decapitated halacha lema'aseh, bless you, it is still prohibited and subject to me'ilah. 37:21 So those are the three exceptions to the rule but otherwise ultimately again the rule applies in every other scenario, once an item has been used for its designated purpose it is not subject to me'ilah. 37:31 Incredible. The Gemara now asks just a different question: ותלתא קראי למה לי בדם. 37:36 So now the Gemara says by the way why there are three words written by dam: lachem, lechaper, and hu? 37:42 Which are almost like three limiting or exclusionary phrases as well. 37:45 Why are those three phrases written by dam or those three words? 37:48 Chad le'mi'utei minotar. So rabosai now this is referring back to the Mishnah. 37:52 One to tell me that the prohibition of notar doesn't apply to dam. Chad le'mi'utei mi'me'ilah, one to tell me that the prohibition of me'ilah doesn't apply. 38:00 Ve'chad le'mi'utei mituma, and one to exclude it from tuma. 38:03 Now rabosai this harkens back to the Mishnah coz remember again the Mishnah said the primary distinction between chelev and dam is that chelev is subject to me'ilah, to pigul, to notar, to tuma, but ultimately again blood is not. 38:18 Blood is not. Now interestingly enough אבל מפיגול לא צריך קרא. 38:23 I don't need a pasuk to exclude blood from pigul. 38:26 Why not? Here we go. 38:27 The Gemara says rabosai this we had this Gemara already back in our Zevachim days, ditnan כל שיש לו מתירין בין לאדם בין למזבח חייבין עליו משום פיגול. 38:38 And rabosai in order to be subject to pigul what do you need? 38:40 You need a mattir, you need a permitter. 38:43 Right rabosai so therefore why doesn't pigul apply to blood? 38:46 ודם גופיה מתיר הוא. Blood is the permitter. 38:50 Because blood is the permitter therefore halacha lema'aseh it is not subject to pigul. 38:55 And rabosai that indeed is the halacha lema'aseh: chelev subject to me'ilah, to pigul, to notar, to tuma; blood not subject to any of these items. 39:05 Incredible. הדרן עלך כל הבשר. Rabosai mazel tov, mazel tov, mazel tov. Pause, celebration, continue. 39:13 Ha'ur ve'harotev ve'hakkipa. Good. Rabosai now watch this. 39:16 Now we're transitioning a little bit to a totally different topic which is tumat ochlin and tumat neveilah. 39:21 That's our topic over here for now. 39:24 So rabosai so just one simple rule to begin this Mishnah with. 39:28 In order for in order for an item to ultimately again convey tumat ochlin to something else, right, the item the item has to be the size of an egg, kebeitzah. 39:40 Now we're going to see this is going to stand in distinction ultimately to tumat neveilah, which is transmitted even through a piece of neveilah of a kezayit. 39:50 Just an important idea. 39:51 Tuma so tumat ochlin ultimately again conveyed only through an item that is the size of an egg, tumas tumat neveilah even a kezayit. 40:01 And now, so now the shailla is when it comes to tumas ochlin, which parts of an animal combine to form that requisite shiur of an egg? 40:10 That, that's our topic. 40:11 So now the mishna says: ha'or, the hide; rotaf is like the gravy; kipa is like the sediment where the meat pieces are; alal. 40:19 Now alal we're going to discuss, rabosai. 40:20 Rashi says meforesh bagemara, but I'm going to tell you what it is now because again it's going to be helpful as we go on. 40:26 When you cut the hide away, right, when you flay them, when you cut the hide away, there's certain pieces of flesh that come away with the hide, that's called the alal. 40:34 That's called the alal. 40:35 We'll see in the Gemara. Ve'atzamos, bones; vegidim, sinews; karnayim, horns; talfayim, hooves; מצטרפין לטמא טומאת אוכלין. 40:44 All of these items combine, it's very interesting. 40:47 All of these parts of the animal combine to form the shiur of a beitza, to form the shiur of an egg for tumas ochlin. 40:53 Okay, אבל לא טומאת נבלות. But interestingly enough, when it comes to tumas neveilos, ultimately again, tumas neveila has to be comprised ultimately of flesh, of meat. 41:04 Therefore these other items do not combine. 41:06 Kayotzei bo, similarly, השוחט בהמה טמאה לעובד כוכבים ומפרכסת. Again, rabosai, this is another halacha which is actually quite fascinating. 41:15 So remember again, an oved kochavim doesn't have the laws of shechita. 41:19 Right, how does an oved kochavim eat an animal? 41:21 How does he eat an animal? 41:23 Now again, remember, he has to kill it because remember even an oved kochavim, one of the שבע מצוות בני נח is eiver min hachai. 41:31 So rabosai, just point out something very interesting here. 41:33 Listen to how fascinating this is. 41:34 If I shacht an animal, right, anyone, right, seen the, right, anyone who's ever seen the, right, the videos of the shechita knows that even after you shacht an animal, the animal moves, there's movement, there's movement. 41:45 Halacha lemaiseh, after I shacht an animal, even if the animal's moving, I can eat it. 41:50 Now Chazal came along and said don't eat it because it looks like eiver min hachai. 41:55 But mide'oraisa, I'm allowed to eat it. 41:57 Right, once I shacht it, that animal is now edible. 42:00 That is different by an akum. 42:02 By an akum, an akum, even though the akum has no laws of shechita, right, he has to kill the animal, he's not allowed to eat it until it stops moving. 42:12 So let's say, let's say he goes ahead and he, you know, clops it over the head, so it's clinically dead, but it's still moving. 42:20 If he eats it while it's still moving, that's eiver min hachai. 42:23 So rabosai, it's actually if you think about it, it's like a chumra, it's like a chumra that bnei Noach have over Yidden. 42:29 So right, a Yid shachts an animal, even if it's moving I can eat it, I can eat it. 42:34 A ben Noach, he can't eat it until it literally stops moving. 42:38 So the Gemara says kayotzei bo, If I shacht, this is again, I'm a Jew, I'm shachting a behema tmeia, now why I'm shachting it I don't know, but I'm shachting a non-kosher animal for an oved kochavim umifarchases, and the animal is moving. 42:54 What's the halacha? Metamei tumas ochlin. So remember again, for an akum, it's right for an akum since there was shechita, so right since there was shechita over here, after the act of shechita, so the mishna's saying is after the act of shechita, it's 43:08 already transformed into food. 43:09 Even though it's still moving around. 43:11 Generally an akum is not allowed to eat meat until when? 43:14 Until it stops moving. 43:15 But since there was shechita, the shechita makes it into food, therefore it's subject to tumas ochlin even when it's still moving around. 43:21 אבל לא טומאת נבלות עד שתמות או עד שיתיז את ראשו. However again, it's not subject to ultimately again to tumas neveilos, neveila tuma until either it dies or until you decapitate it because obviously once you decapitate something, it's dead. 43:36 Okay, rabosai, we'll stop over here and we're going to pick up in the im yirtzeh Hashem in the middle of the rest of the mishna tomorrow. 43:41 Tremendous, shkoiyach everyone, fantastic. 43:51 Everyone have a great day.
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