Transcript Translit עברית
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0:02 And I will say good morning, good morning and gut erev Shabbos, let us begin, begin by thanking all of our sponsors for this morning's shiur. 0:09 To thank our Talmud Torah sponsors for the month of Av, haba aleinu letovah, Mel and Karen Rahm for dedicating all the shiurim and drashos this month for a refuah sheleimah for Eliezer ben Elisheva and Iris Miller and Adam and Leslie Rosen, l’ilui nishmas Dr. 0:23 Joseph Miller, חיים יוסף בן ראובן, the friends of ירחמיאל בן פערל לאה for dedicating all the shiurim and drashos this month in the zechus of a refuah sheleimah, Yossi and Malka Cohn in memory of my father Dr. 0:36 Nachum Schorr, נחום בן רב חיים יהושע הלוי, zichrono livrachah. 0:39 Our week of learning sponsors, Ari and Libby Brownstein and Kangaroo Pack-Outs team. 0:43 Our Daf Yomi sponsors for today, Ayal and Sarah Steinberg in the zechus of continued health for שולמית חנה בת סושה and for an ultimate refuah sheleimah. 0:51 And of course, we dedicate the learning in the zechus of our brothers and sisters in Eretz Yisrael, may Hakadosh Baruch Hu im yirtzeh Hashem continue to look after them, shower them with hashgacha, in the zechus of our holy soldiers, may they be successful bechol ma’asei yedeihem, we should 1:38 be zocheh im yirtzeh Hashem to besoros tovos and a gut erev Shabbos for all of Kelal Yisrael. 1:44 Well so with that let us be mevalat, to do today, really exciting daf ahead of us, finishing one perek, beginning a new perek. 2:03 Today's daf is ayin ches, 78, and we are picking up im yirtzeh Hashem on 77b, עין זין עמוד ב, at the two dots. 2:11 Hamivakeres shehepilah. So remember guys, the Mishnah spoke about an interesting case that halacha lema’aseh if you have an animal that is giving birth to its firstborn, and what happens? 2:21 Again, it miscarried, and when it miscarries, all that comes out is is the placenta or the actually better say the amniotic sac, that’s what comes out. 2:29 So the Gemara says, so what did the Mishnah say? 2:33 The Mishnah said that halacha lema’aseh ultimately yashlichenah lakelavim. 2:36 You could just go ahead and feed it to the dogs. 2:39 In other words, it has no kedushas bechor. 2:42 It has no firstborn sanctity. 2:43 So the Gemara says let’s analyze this a little bit. 2:47 Mai ta'ama, guys, now why is that? 2:49 Because if you remember again the premise that the Gemara has been working with is that אין שליא בלא ולד. 2:55 Right, so that wherever you have a shilya, wherever you have right the the placenta, ultimately again you have you have a fetus. 3:03 So what’s the pshat over here that when the shilya comes out you could just feed it to the dogs? 3:09 So this is actually quite interesting. 3:11 אמר רבא בריה דרב אמי, רוב בהמות יולדות דבר הקדוש בבכור. So guys the reality is that the majority of animals when they when they give birth to their firstborn, they are giving birth to something that ultimately is fit to go ahead and have kedushas bechor. 3:23 Meaning now what does that mean? 3:23 What kind of animal has kedushas bechor? 3:23 Obviously it has to be a male, has to be a male and also it can't be deformed in any way. 3:23 So the majority of animals that birth something, that birth offspring, birth offspring that is capable of of achieving or of having kedushas bechor. 3:23 Now there’s a minority that birth something that is not capable of attaining kedushas bechor. 3:26 The Gemara says umai nihu? 3:27 What’s an example of that? 3:29 Nidmeh. Ultimately something deformed. 3:31 Nidmeh means just some animal with some type of deformity. 3:36 וכל היולדות מחצה זכרים ומחצה נקבות. Now again guys, interestingly enough, when an animal gives birth, there’s a 50-50 chance ultimately again that it's male or female. 3:47 Now obviously kedushas bechor only devolves upon a male animal, not a female animal. 3:53 So watch the math is quite interesting over here. 3:56 So essentially the Gemara says like this, there’s a 50-50 chance that it's male. 4:01 That 50-50 chance, however, is further eroded by what? 4:05 By the by the minority possibility that the animal will be deformed. 4:09 So therefore the Gemara says like this, סמך מיעוטא דנדמה למחצה דנקבה. 4:14 So combine, combine the 50% possibility that the animal is female, right, couple that with the miut that it was deformed, what do you have? 4:28 הוי ליה זכרים מיעוטא. It turns out that therefore it’s a miut possibility that the animal birthed a healthy firstborn male animal. 4:38 So because of that, halacha lema’aseh, just the halacha tells us, the halacha tells us that the rov possibility is that this fetus did not have kedushas bechor. 4:49 Again, take the 50% possibility that it’s female, couple that with the miut that it was deformed, therefore again the probability is not that it was a healthy zachar and therefore it has no kedushas bechor. 5:00 Because of that... you could take the shilya and feed it to the dogs. 5:03 Incredible, incredible. So Gemara says uvimukdashin tikaveir. 5:07 Now again, remember, this next, next case in the Mishna was, however if this is a consecrated animal and it births the shilya, you have to bury the shilya. 5:16 You can't feed it to the dogs. 5:18 Ay says the Gemara mai ta'ama what's the reason for that? 5:22 ruba bar mikdashu because what's remember again this is where hekdesh will be different from bechor. bechor only devolves upon males, hekdesh devolves upon all genders, all genders and therefore again now the only issue over here we would have is potentially what? 5:37 nidmeh if the animal was born deformed. 5:39 Okay, so you do have that miut, but even with that miut the rov says that this animal, right, that this animal births something that had kedushas bechor, therefore halacha lema'aseh you have to bury the shilya. 5:50 Incredible. Now remember, last part of the Mishna, ein kovronah. 5:52 And also now the last part of the Mishna was, you cannot go ahead and bury it beparshas derachim at a crossroads, right? 6:01 ואין תולין אותו באילן nor can you hang it on the tree, why? 6:04 mipnei darchei emori because again these were more like idolatrous sorceric practices. 6:10 So apparently again Rashi points out in the Mishna that halacha lema'aseh sometimes if an animal would miscarry what they'd davka do is they would bury the shilya at a crossroads in order to prevent the animal from miscarrying in the future or 6:24 hanging it on a tree. 6:26 So again the Gemara says these are, these are what we call darchei emori. darchei emori we're going into in just a moment refers to any practices that we are concerned that have really no legitimacy and therefore are rooted in some type of idolatry 6:39 or type of sorcery practices. 6:41 So says the Gemara let's analyze, so אביי ורבא דאמרי תרוייהו this is actually really fascinating. 6:46 So Abaye and Rava both said, כל דבר שיש בו רפואה אין בו משום דרכי האמורי. 6:53 So this is fascinating. 6:55 Any practice which we feel has actual medicinal benefit, medical benefit, there is no issue of darchei emori. ein bo refuah, but if people do something and there's no medicinal benefit to it, then יש בו משום דרכי האמורי. 7:12 One has to be concerned that ultimately there is a darchei emori issue involved there. 7:16 Take a look at Rashi, this is really interesting. 7:18 Rashi says or יש בו משום רפואה, three lines up from the bottom, יש בו משום רפואה כגון משקה או סם או לחש שלוחש על המכה. 7:27 So this is fascinating. 7:30 So Rashi says for example, now the first couple of examples make sense, asim means like a, like a, like a, I was going to say a potion, but potion sounds like it's darchei emori. 7:39 Right? asama, a medicine, a medicine. 7:44 Right? I'm sorry, mashkeh means a drink. 7:46 Right? sam could mean something even type like an ointment or balm. 7:50 So those make sense. 7:51 But then Rashi says olachash. lachash means what? 7:55 Like you're saying something, right? 7:58 So again I'm not exactly sure how to understand this, but the point that Rashi's making over here is really what it means is like this. 8:06 If you do something and it's clear that it works, that's really what Rashi's saying over here. 8:11 By the way it could be also I'm almost thinking about that maybe lachash, look saliva, saliva can have certain, I don't know I'm not going to defer to the doctors in the room, right, right, but lema'aseh maybe that's the lachash 8:22 maybe the saliva that comes out, I don't know the medical benefits with that. 8:24 I'm not sure. Any event the point that Rashi's making over here is if you see something that is a proven remedy, right, that's medicine. 8:31 That's medicine. And not darchei emori. 8:34 On the flip side, Rashi says כגון שעושין שלא על החולה כגון קבורת שליא בפרשת דרכים וכיוצא בהן. 8:44 So Rashi gives the example, for example, burying the fetus at a crossroads, right? 8:49 So burying the fetus at a crossroads you'd be hard, I don't know maybe there are some JAMA articles about this, you know, it'd be hard pressed to show that halacha lema'aseh there's some type of medicinal remedy to that. 8:58 That's clearly darchei emori. Rabosai, you should just know in general this is a much bigger discussion about this darchei emori piece. 9:06 Here it's a bit consolidated. 9:07 Therefore the Gemara says wait a second. 9:08 So the Gemara says vehatanya, what we learn, ilan shemeshasher peirosav, listen to this, if you have a fruit, if you have a tree which prematurely sheds its fruit, so we have an issue of that the tree is shedding the fruit before they're 9:22 fully mature. shemeshasher peirosav, so what do you do with this tree? 9:26 sokro besikra, go ahead and paint it red, utono ba'avanim, and literally again hang stones from the branches. 9:36 So the Gemara says okay, bishlama te'ono ba'avanim, so I understand why you have to go ahead and hang stones from the branches. 9:43 That actually makes sense according to the Gemara, why? 9:47 כי היכי דניכחש חיליה. So Rashi says this is very interesting. 9:52 So what's happening over here the Gemara's understanding is that the tree, the tree is going through the maturation the maturation process too quickly. 10:01 It's shedding the fruit too quickly. 10:02 So what you need to do is you need to sap the tree of some of its vitality so that it holds onto the fruit a little bit longer. 10:10 So what do you do? 10:11 You hang stones from the branches. 10:14 That puts weight on the branches, sapping it of its vitality and apparently causes it to hold on to the fruit for longer. 10:21 Now again, rabosai, say to yourself that doesn't make any sense and I would ask you, I would counter: When was the last time that you spent a lot of time cultivating, you know, trees and figuring out how to get them 10:33 to hold on? But here's what I would say also: Clearly it worked. 10:36 In other words, when the Gemara says this, they're saying this because this was an actual strategy that was employed for trees that shed their fruit. 10:44 So the Gemara says, \"I understand the rak amsa, right? 10:47 I understand that strategy because, because again there's a logic. 10:50 Ella sorka besikra, but painting it red, painting it red, what's up with that?\" The Gemara says, \"How is that going to work? 10:58 Amai, how is that going to work?\" And rabosai, that sounds a bit like darchei emori to me, right? 11:05 Certainly sounds a bit like darchei emori, to which the Gemara says, \"No, rabosai, listen to how beautiful it is. 11:09 You want to understand what it means to paint it red? 11:10 כי היכי דליחזי אינשי וליבעי רחמי עליה. No no no, the painting of the tree red was not to go ahead and do anything to the tree, rather again rabosai what it was to do was to show the public that this tree is struggling. 11:26 This tree is struggling and what do we want? 11:29 When you see a tree painted red, what do you do? 11:32 You know oh, Reuven's tree is having a difficult time. 11:35 Let me daven for Reuven. 11:35 Let me daven for Reuven. 11:37 Daven... I'm not davening for Reuven's tree, but I'm davening for Reuven because if my friend is struggling...\" So rabosai, when you see someone struggling what are you supposed to do? 11:45 What are you supposed to do? 11:46 Step one, step one, step... 11:47 you see we often make this mistake, right? 11:50 People, when we think about when there's a crisis what should you do? 11:53 So people often say \"daven\". 11:54 So I would humbly agree but also humbly disagree, or maybe not so humbly, which is that at the end of the day the first step is to figure out what could I do? 12:06 What could I do? 12:07 Same thing in our own lives, when you have a problem the first step is not davening, the first step is what can I do to fix my circumstances? 12:16 Instead, the first step is not to look upward, the first step is to look inward. 12:19 What can I do to alleviate these circumstances? 12:22 Of course, again, I need Hakadosh Baruch Hu's help in anything and everything that I do. 12:26 When it comes to my friend's problems, I see someone who's struggling. 12:29 So what do I do? 12:30 What can I do to help? 12:31 But sometimes I can't do anything to help. 12:33 Sometimes really again I'm physically powerless, but when I'm physically powerless I'm still spiritually powerful. 12:40 So at the end of the day, the Gemara says, \"Why do I paint my tree red? 12:43 So other people should see that I'm struggling with this particular situation and they should daven for me. 12:48 They should daven for me.\" See, right, the painting of the... 12:51 the hanging of the stones, that's for the tree. 12:52 The painting of the tree red, that's so everyone should see that I'm having a difficulty and they should daven on my behalf. 12:58 The Gemara says, \"Kideisanya, as we learned, tamei tamei yikra.\" So rabosai, it's really quite beautiful, this is talking about the metzora, the person who's afflicted with tzara'as. 13:06 So the Torah speaks about the idea that he has to tear his clothing, let his hair grow long, and tamei tamei yikra. 13:12 He cries out \"tamei tamei\". 13:14 So the Gemara says, \"What does this mean? 13:16 צריך להודיע לרבים ורבים מבקשים עליו רחמים. Rabosai, when he calls out 'tamei tamei' what he's telling the public is 'I'm struggling. 13:24 I'm struggling.' Right? And again, why is he sharing this with everyone? 13:29 Because lemaiseh that people should daven on his behalf. 13:31 The Gemara says, 'Kideisanya, וכן מי שאירע בו דבר. 13:35 If someone is struggling with something, someone is having difficulty, צריך להודיע לרבים ורבים מבקשים עליו. 13:47 And people could daven on his behalf. 13:49 Rabosai, this is such a fascinating yesod because sometimes when we are struggling there is a resistance to share, which makes a lot of sense. 13:58 I want my privacy, right? 14:00 I don't need the world knowing my business. 14:02 And more than that I think on a deeper level we have difficulty sharing when we're struggling because it makes myself vulnerable. 14:09 I... if I'm struggling and there's a situation I can't handle, that means that I'm not in control of everything. 14:16 And most of us have an incredible amount of difficulty acknowledging or certainly sharing that we are not in control. 14:23 But the whole yesod in life is none of us could do it alone. 14:26 No one could do it alone. 14:27 The Chofetz Chaim says Hakadosh Baruch Hu creates many many different souls and their deficiencies. 14:36 Why does Hashem create deficiencies? 14:37 Because by definition if I could do everything I wouldn't need you and if you could do everything you wouldn't need me. 14:42 He makes us deficient so that by definition we need each other. 14:46 And sometimes the ability to make ourselves vulnerable and to be able to share 'I'm struggling and I don't have the answers to this myself and I don't have the solutions myself and I cannot heal myself and so I need others'.\" 15:00 I need others as difficult as that is to say. 15:05 Sometimes rabbosai you have to have the strength to say you're vulnerable. 15:08 You have to have the strength to say you need help. 15:12 You have to have the strength to say that we need one another more than we could ever imagine. 15:17 And therefore the Gemara says the metzora, the metzora, tamei tamei yikra, tell people what's going on so that they could daven for you. 15:23 Your tree's having problems? 15:24 Paint it red so that people could daven for you. 15:27 Because rabbosai, there is no shame in needing help. 15:31 There is absolutely no shame in saying that you can't do it all by yourself because even if you don't say it, still can't do it all by yourself. 15:38 So might as well acknowledge it, might as well lean into it and benefit ultimately from the collective love of your brother, from the collective love of the Klal. 15:45 The Gemara ends off by saying אמר רבינא כמאן תלינן קופסא בדיקלא כי האי תנא. 15:49 The Gemara says apparently in whose in according to who is do we have this practice that people interestingly enough would go ahead and suspend rabbosai often kufsa kamina basket. 16:01 But Rashi says over here it means ashkol tmorim, a cluster of dates. 16:06 It was customary to hang a cluster of dates on a palm tree that was struggling. 16:12 On a palm tree that was struggling, right? 16:13 So you would hang the cluster in other words this this this tree should be gebentscht you know with a cluster of dates so you would hang a cluster there to show it was struggling. 16:22 Why? Ki hai tanna like this Tanna so that people if a person passes by sees oh that Reuven's Reuven's tree is struggling, daven for Reuven. 16:30 So rabbosai there are so many there are so many beautiful messages. 16:33 First of all, a message for us to not be embarrassed to ask for help, to not be embarrassed to reach out. 16:41 No one of us could do everything on our own and Hakadosh Baruch Hu allowed us to be part of the greatest nation on the face of this earth, to be part of Klal Yisrael because again we are always willing to help. 16:52 But no one knows what you need unless you reach out. 16:56 Have the courage to reach out, have the courage to ask. 16:59 When you see someone else struggling, sometimes I can help, sometimes there's nothing physically I can do but I can always daven on someone's behalf. 17:07 Don't never get so caught up in your own daled amos that you can't see what's happening in the life of the other. 17:13 And if you see someone struggling, even just the ability to utter a beautiful tefillah on their behalf is so profoundly I'm sorry? 17:20 Mar'is ayin? Right, 100%. Whatever whatever whenever you see something going on, always go ahead and be there for the other in some small way. 17:33 It's so easy to just get absorbed in your own life that you don't see what's unfolding all around you. 17:39 Never be that kind of person. 17:41 See the red tree, right? 17:42 See the cluster of dates hanging on the tree. 17:44 Hear the person who is crying out tamei tamei and do your small part to alleviate and to address the suffering of another. 17:50 הדרן עלך בהמה המקשה rabbosai, mazal tov, mazal tov, mazal tov. Let's get a little bit I still owe you Ben Pakua. 17:59 Keeping the Shulchan Aruch handy. 18:00 This is all Ben Pakua. 18:02 It's right here. Let's let's get a little bit of a head start into the next actually you know what? 18:06 Let me just do this with you guys. 18:06 Not going to do that. 18:08 So rabbosai listen to this because we're finishing out the perek. 18:10 So rabbosai remember again halacha l'maaseh Ben Pakua. 18:11 So just to point out to you you should take a look at this on your own because it's really very interesting. 18:17 This is in Yoreh De'ah Siman Yud Gimmel. 18:20 So it's in Hilchos Shechitah. 18:22 So the Shulchan Aruch so again this the title of this siman is בעלי חיים שאינם צריכים שחיטה. 18:29 So that's the title of the siman, right? 18:31 Animals that do not require shechitah. 18:34 So again obviously again in se'if aleph the Shulchan Aruch talks about dagim, fish, which do not require shechitah. 18:42 But then in Halacha Beis the Shulchan Aruch says the following: Hashochet es habehema. 18:45 Here it is. You shecht an animal. 18:47 Venimtzes kashira and the animal is kosher, the mother is kosher, umatzah bah ubar you find inside of the mother a fetus, בן ח חי בין בן ח I'm sorry בן חי בין מת או בן ט מת. 19:01 So whatever the fetus is, an eight-month-old fetus, a nine-month-old fetus, alive, not alive, what's the halacha? 19:12 מותר באכילה ואינה טעון שחיטה. Ultimately again halacha l'maaseh the shechitah right the ubar, the fetus, does not require its own shechitah. 19:21 It is permitted with the shechitah of the mother. 19:24 However, now watch this. 19:25 Okay so that that's Ben Pakua. 19:26 ואם מצא בה בן ט חי אם הפריס על גבי קרקע. What happens however if you found in it Baruch Hashem a fully viable fetus, a nine-month-old fetus and then what happened? 19:38 That fetus ultimately put its hooves on the ground, it stepped on the ground, taun shechitah. 19:45 So rabbosai so we do not pasken like Rabbi Shimon Shezuri, we pasken like the chachamim on the Mishna that halacha l'maaseh if you have a Ben Pakua that put its feet on the ground once it puts its foot on the ground it requires its 19:57 own shechitah. Now why? 19:58 Why? Mar'is ayin. Mar'is ayin. asi leachlufi. Not because mideoraisah it requires a shechitah. Mideoraisah again, Reb Shimon Shezuri is right, that even if that animal's running around for five years and then you decide to take a bite out of it, that's totally fine, but halachah lema'aseh it is clear 20:14 that that is going, has the potential to create some significant mass confusion, right? 20:19 If people see a little animal and they don't, they don't know the context of it and they see you just taking a bite out of it without any shechitah, that is going to go ahead and cause tremendous confusion. 20:27 Therefore, halachah lema'aseh, you have to shecht it. 20:30 However, listen to this. 20:31 However, אבל שאר טריפות אינו אוסר אותו, right? Listen to this: however, rabosai, this is what's interesting. 20:39 As much as you have to shecht that ben pakua, other treifos do not apply to that animal. 20:44 In other words, let's say you shecht the ben pakua, you open it up and you find an esophageal perforation, right? 20:50 Or a big hole in its lungs. 20:52 It doesn't matter. It doesn't matter. 20:53 Now, why doesn't it matter? 20:54 Why? Why? Because it doesn't really need shechitah, right? 20:57 That animal's already considered to be slaughtered. 20:59 That's, that's fine. It's permitted with the shechitah of the mother. 21:02 There's a maris ayin issue, right? 21:04 There's a confusion issue, but so you have to shecht it, but halachah lema'aseh there's no treifus, which, rabosai, would also seem to mean, which would also seem to mean according to the meforshim, that if you were to mess up the shechitah 21:14 also, it would not invalidate the animal, which, interestingly enough, ואם לא הפריס על גבי קרקע אינו טעון שחיטה. 21:21 Now of course, again, halachah lema'aseh, if the animal never set foot on the ground, then halachah lema'aseh even if it's a fully formed, right, a living fetus, halachah lema'aseh you don't have to shecht it. 21:32 It's only once it's put its feet on the ground that halachah lema'aseh you have to go ahead and shecht it. 21:37 I'm sorry? No. No, because it's not chai, it's dead. 21:42 It's dead. They're going to go hand in hand. 21:44 If it doesn't require shechitah, it's because it's not alive, it's permitted with the shechitah of the mother, therefore no eiver min hachai. 21:49 A lot of audience participation this morning. 21:51 What's going on over here? 21:52 Everybody got a good night's sleep? 21:53 What's going on over here? 21:56 Right? So no, so it would not be eiver min hachai. 21:58 It would not be eiver min hachai at all. 21:59 Now again, rabosai, there are other halachos over here that go into what that, that's the ikkar, that's the ikkar, and ultimately again, so again, if you want to be me'ayen in the rest of these halachos, you'll see it inside Shulchan Aruch, Yoreh De'ah, halachah yud-gimmel, 22:13 but the ikkar, rabosai, is we pasken like the rabanan, not like Reb Shimon Shezuri. 22:19 Okay, incredible. Shulchan Aruch then goes on, it's so tempting to go through the rest of it because there are some really interesting halachos, but okay, we'll leave it like that, ayen sham, Yoreh De'ah, siman yud-gimmel. 22:31 That's the halachah. Good. 22:31 Rabosai, let's begin the next perek. 22:33 We now begin a fascinating set of halachos over here. 22:36 Here we go. Says the mishnah: oso ve'es beno. Rabosai, a bit of background with this. 22:42 The mitzvah of oso ve'es beno means אותו ואת בנו לא תשחטו ביום אחד. 22:47 You are not permitted to shecht a mother and its offspring on the same day. 22:52 That's the halachah. This is not a din in korbanos as we're going to see, this is a din in ganz animals. 22:57 So whether, now, it applies to korbanos also. 23:00 So whether you're shechting for sacrificial purposes or whether you're shechting for your own mundane personal purposes, either way, halachah lema'aseh, you cannot shecht a mother and its offspring on the same day. 23:12 I'm using a mother because that's the biblically paradigmatic example. 23:16 We'll see if it applies to a father as well, but for our purpose, illustrative purpose, you can't shecht a mother and its offspring on the same day. 23:23 What's the pshat with this? 23:24 What's the pshat? So just you understand the, we'll call the ta'amei hamitzvos, right? 23:32 So again, those who espouse reasons for mitzvos give a variety of different reasons for this. 23:36 Automatically, like instinctively, we think that this is like a din in rachmanus, right? 23:41 This is the Ramban and others highlight this idea as well, that it's a din in compassion. 23:45 Even animals, Sefer Hachinuch brings down this idea that even animals have this basic idea of compassion for its young. 23:53 So the notion of slaughtering a mother and its young on the same day has some element of achzarius, has some element of some level of cruelty associated with it. 24:04 Therefore we go ahead and we abstain from it. 24:06 Others understand that it has nothing to do with kindness to animals, but rather again this is the gezeirah of the Ribbono Shel Olam. 24:12 We'll get into this a little bit more as we get into this perek. 24:15 So here we go. 24:15 Oso ve'es beno. So the mitzvah of oso ve'es beno or the prohibition of oso ve'es beno, נוהג בין בארץ בין בחוץ לארץ. 24:24 It applies both in Eretz Yisrael as well as in chutz la'aretz, בפני הבית ושלא בפני הבית—in the presence of the Beis Hamikdash and not in the presence of the Beis Hamikdash. Rabosai, just before we go on, I had to just tell you that last night as I was looking 24:41 at this mishnah, this line almost brought me to tears. 24:45 And I'll tell you why, which doesn't take much, but just something amazing. 24:51 They just, rabosai, this lashon of oso ve'es beno. 24:56 So who's the paradigmatic oso ve'es beno? 25:00 It's... of אותו הקדוש ברוך הוא ואת בנו בנים אתם להשם אלקיכם. We are the children of HaKadosh Baruch Hu. 25:08 And what does the Mishna tell us? 25:09 What is the chizuk that the Mishna is giving us on Erev Shabbos Chazon? 25:13 Like I suppose you know this Shabbos is such a such a unique type of Shabbos because there are things that happen on this Shabbos that don't happen- the Tur quotes opinions- we don't pasken this way- but the Tur quotes opinions 25:24 that there were those who would not change into Shabbos clothing. 25:28 Shabbos clothing on Shabbos Chazon. 25:31 Just granted as an aside, there are many people who you can't tell that they're wearing Shabbos clothing on a general- on a general Shabbos. 25:37 But that's a- but that's a different- that's not for now. 25:40 I- but I digress. 25:42 I digress. Right? So so just- yeah- I don't know when Publix started speaking- no no that's different time. 25:48 Anyway, so lemayseh so lemayseh Tur says that there are people who literally people who literally did not change into Shabbos clothing on Shabbos Chazon. 25:57 Which by the way is wild. 25:59 It's absolutely wild. Why? 26:00 Because hilchos aveilus 101 is that even on shiva, even during shiva, an avel has to change out of his of his aveilus clothing. 26:11 So that's I'm just saying it's fascinating to see just like the intensity of aveilus on Shabbos Chazon that according to some may even eclipse the aveilus on Shabbos during shiva. 26:21 Again like I said we don't pasken that way but sometimes even if you don't pasken a certain way but you see it's just fascinating nevertheless. 26:28 So this is an intense time. 26:30 It really is. Like it's an intense time and just leading up to the week of of Tisha B'Av, leading up to Tisha B'Av itself there's a- there's just there's a heaviness. 26:39 And sometimes with that heaviness you may think that in the midst of all of the aveilus maybe I don't know maybe the relationship is not as it once was. 26:49 Maybe it's not the same. 26:50 Maybe as a result of 2,000 years of golus and just all the tragedies we hear about and we learn about and we reflect on maybe there's a- maybe there's a fundamental rupture in our relationship with HaKadosh Baruch Hu. 27:01 And then what happens? 27:02 We have the great zchus every single day to open the Daf and the Ribono shel Olam talks to us through the Daf every single day. 27:07 And what does He say? 27:08 Oso v'es bno. My children, I just want you to know this connection that I have with you, right? 27:15 You are My children. 27:16 Oso v'es bno you are always My children. 27:18 I want you to understand something. 27:20 נוהג בין בארץ בין בחוץ לארץ. It applies everywhere. 27:27 You're in Eretz Yisrael, you're outside of Eretz Yisrael. 27:30 בין בפני הבית בין שלא בפני הבית. Whether there's a Beis HaMikdash, whether there's not a Beis HaMikdash. 27:37 There are some relationships that are so strong, that are so powerful, that are so holy, that are so filled with love, that no matter what the circumstances are, they're still there. 27:47 And there aren't a lot of relationships like this or maybe better stated there's only one relationship like this. 27:54 And that's us with HaKadosh Baruch Hu. 27:56 That no matter what happens in this world, in our individual lives, in our collective lives, we're in Eretz Yisrael, we're in golus, we have a Beis HaMikdash, we don't have a Beis HaMikdash, the most important thing to remember is the love is always 28:09 there. Sometimes you feel it more intensely, sometimes less intensely. 28:13 Sometimes you don't feel it at all. 28:15 But just because you can't feel it doesn't mean it's not true. 28:19 Just as we enter into these days, we mourn for a lot. 28:22 But the one thing we never have to question is the love that HaKadosh Baruch Hu has for us and the love that we have for Him. 28:31 That's the message of oso. 28:32 That's the- this is the kiss that HaKadosh Baruch Hu gives us on Erev Shabbos Chazon. 28:36 We may be ramping up for a lot of mourning in the days ahead, mourn for what we've lost, reflect on what we've lost, but the one thing we've never lost and the one thing we will never lose is the oso v'es bno. 28:49 The love that our Father has for us and the love that we have for Him. 28:52 So the Mishna goes on: Bechulin u've-muv- u'vemukdashin. 28:54 It applies both by chulin and by hekdesh. 28:58 It applies by everything. 28:59 So the Mishna gives an example. 29:00 Rabosai, so now we're going to go through a whole bunch of examples of this. 29:04 Now this is the Mishna trying to illustrate the above mentioned principle. 29:08 As what did we say before? 29:09 Oso v'es bno applies in Eretz- inside of Eretz Yisrael, by hekdesh with Beis Ham- without a Beis HaMikdash, by chulin and by hekdesh. 29:14 Here we go. For example: Keitzad. 29:17 השוחט אותו ואת בנו chulin bachutz. So Rabosai, watch this. 29:24 Let's say you shechted a mother and its offspring. 29:28 Now both of them were chulin animals. 29:29 Bachutz means outside of the Beis HaMikdash. 29:31 So what's the halacha? Shteim ksheirin. 29:33 Both are kosher. In other words, we're going to see that if you've violated oso v'es bno, you shechted a mother and its offspring, the halacha is that both animals are kosher for consumption but you're in violation of a lav. 29:46 So the animal is kosher, it doesn't become treif, but you get malkos because you violated a prohibition. 29:53 So if you're shechting chulin bachutz, unconsecrated animals outside of the Beis HaMikdash, both are kosher והשני סופג את הארבעים. 30:00 for shechting the second animal. 30:02 Now again Rabosei also, it doesn't matter which one you shecht first, right? 30:06 The prohibition of oso v'es bno we're going to see, it doesn't matter if you shecht the mother first and then the offspring, the offspring first and then the mother, that makes no difference. 30:14 Kodshim b'chutz, right, if you're both of the animals are sacrificial animals and you're shechting them outside of the Beis Hamikdash, ha'rishon chayav kares. 30:21 The first animal you chayav kares. 30:22 Why are you chayav kares? 30:23 Why? Shchutei chutz, you've shechted a karban outside of the Beis Hamikdash, v'shnehem psulin. 30:28 Now again Rabosei, and interestingly enough, the second one is no longer shchutei chutz. 30:33 Why not? Because once you shechted the mother, you're not allowed to shecht the child. 30:37 Therefore, again, by definition, the second one is precluded from becoming a karban, and therefore when you shecht it, you're not chayav for shchutei chutz, but ultimately again you are chayav for oso v'es bno. 30:48 Therefore shnehem psulin, you're going to go both of them are pasul for a karban or pasul in general, שניהם סופגים את הארבעים. 30:54 You'll get malkus for both of them. 30:56 First one for shchutei chutz, second one for oso v'es bno. 31:00 Now again Rabosei, right now we're just going to read through these cases, we'll go through them in the Gemara. Chullin, what if both of them Chullin bifnim? 31:06 What if both of the animals, the mother and the child, are both Chullin and you're shechting them inside of the Beis Hamikdash? 31:11 What's the halacha? Shnehem psulin, obviously both are disqualified because you're shechting chullin ba'azarah in the Beis Hamikdash, והשני סופג את הארבעים, and you'll get malkus for the second one for oso v'es bno. 31:25 Next, Kodshim bifnim, what happens if halacha l'maaseh again, you have sacrificial animals and you're shechting them in the Beis Hamikdash? 31:32 Okay, that's good. Ha'rishon kasher. 31:35 The first one is totally fine, right, because the first one is legal, first one is legal, u'pattur, והשני סופג את הארבעים ופסול. 31:43 The second one obviously Rabosei, which is the right, that's the oso v'es bno animal, halacha l'maaseh that you're going to get malkus for because you shouldn't have shechted it and it's pasul for sacrificial purposes. 31:54 Next, Chullin v'kodshim, what happens Rabosei, listen to this, what happens if the mother is chullin and the offspring is kodshim? 32:01 All right, b'chutz, and you're shechting it, so Rabosei we're just going through every single variation that you could come up with. 32:07 B'chutz, and you're shechting it outside of the Beis Hamikdash, ha'rishon kasher. 32:11 So the mother is fine, right, because she's chullin and she's being shechted outside, u'pattur, והשני סופג את הארבעים, but the second one, the second right, the child, which is kodshim and now it's also the oso v'es bno, ultimately again, והשני סופג את הארבעים. 32:26 You're going to get malkus for shechting a mother and child on the same day, u'pasul, and ultimately again the animal is not usable for any type of sacrificial purposes because it's shchutei chutz. Kodshim v'chullin b'chutz, so Rabosei next case, what happens again, the mother 32:39 is kodshim, the baby, the child is chullin, and you're shechting it outside? 32:43 Ha'rishon chayav kares. You're going to be chayav kares on the mother. 32:46 Why? Why? Shchutei chutz u'pasul and therefore not fit for sacrificial purposes. 32:52 V'hasheni kasher, but the offspring ultimately again is kasher because it's chullin outside, ושניהם סופגים את הארבעים. 32:59 You'll get malkus for both of them, right, for the mother for shchutei chutz and for the baby, for the child, ultimately again for oso v'es bno. 33:06 Next, Chullin v'kodshim bifnim, what happens if the mother is chullin, the child is kodshim, and you're shechting inside of the Beis Hamikdash? Shnehem psulin. 33:14 Both obviously will be unfit, right, because the mother is chullin ba'azarah and then the baby is oso v'es bno. 33:20 והשני סופג את הארבעים. You'll get malkus for the baby, right, ultimately again malkus for the child, ultimately again because remember it's not a din in a baby, I just want to be clear I keep saying baby, it's not a din in a baby, 33:32 it's just mother and its offspring. 33:34 So you'll get malkus for the second one also because of oso v'es bno. 33:38 Next, Kodshim v'chullin bifnim, if Rabosei again the mother is kodshim, the child is chullin, you're shechting it inside of the Beis Hamikdash? Ha'rishon kasher. 33:46 The mother is good, karban inside Beis Hamikdash, u'pattur, והשני סופג את הארבעים ופסול. 33:51 The offspring obviously is going to be pasul because again it's chullin ba'azarah, and ultimately again and you also get malkus because of oso v'es bno. Chullin b'chutz u'vifnim, what happens if both animals ultimately again are chullin? 34:06 Both animals are chullin, right, one is done b'chutz, one is done bifnim? Ha'rishon kasher. 34:12 The mother is going to be good because again that's chullin outside of the Beis Hamikdash, u'pattur, והשני סופג את הארבעים ופסול. 34:17 And ultimately again the child is going to be problematic. 34:20 Why? Number one because it's chullin ba'azarah, and number two ultimately again because it's oso v'es bno so you get malkus for that. 34:26 Incredible. Kodshim b'chutz u'vifnim, what happens if both animals, the mother and the child, are both kodshim? 34:31 You do the mother, you shecht the mother ultimately again outside and the child inside of the Beis Hamikdash? Ha'rishon chayav kares. 34:39 Ultimately again, so remember for the mother you're chayav kares. 34:42 Why? Shchutei chutz but you'll get malkus for both, v'shnehem psulin, and both are unfit. 34:49 Chullin bifnim u'vachutz, what happens again if mother and child are both chullin? 34:53 You shecht the mother bifnim and the child b'chutz? Ha'rishon pasul. 34:58 So the mother is going to be pasul. 34:59 Why? chullin ba'azarah. u'patur v'hasheni but again patur means there's no oso v'es bno when you shecht the mother, right? 35:07 And again even if I know, right? 35:09 Even if I say hineni muchan u'mezuman to shecht the mother and the child on the same day when you shecht the mother you've done nothing wrong, right? 35:16 There's nothing wrong with the first animal. 35:17 v'hasheni soveig es arbaim but ultimately when I shecht the child, ultimately again that will get malkus. 35:24 That will get malkus. u've'kasha but ultimately again, but remember rabosai once again even if you're in violation of oso v'es bno that doesn't impact the kashrus of the animal, right? 35:35 So an animal could still be kosher even though you've violated the halachos by shechting it. 35:40 kodshim bifnim u'vachutz what happens if halacha lemaaseh both the mother and the child are both kodshim and but again you shecht the mother inside the beis hamikdash and the child outside. 35:50 harishon kosher so the mother's going to be kosher because it's just a bona fide korban u'patur v'hasheni סובג את הארבעים פסול, but the child ultimately again will be pasul because halacha lemaaseh again it's oso v'es bno and you'll get malkus. 36:04 Okay incredible rabosai so that by the way all just the different illustrations of how oso v'es bno cases could come up, incredible, incredible. 36:12 So rabosai says the gemara tana rabanan מנין לאותו ואת בנו שנוהג במוקדשין. 36:15 How do you know by the way just in general that oso v'es bno applies ultimately again to sacrificial animals? 36:23 In other words rabosai the way it's written in the torah is the torah just writes it of אותו ואת בנו לא תשחטו ביום אחד, that's it, that's it. 36:32 The posuk actually ושור או שה אותו ואת בנו לא תשחטו ביום אחד. 36:36 torah makes no reference of korbanos or anything like that. 36:40 So b'pashtus in the absence of some type of explicit sacrificial mention I would apply I would assume that maybe it just applies halacha lemaaseh to regular animals, to chulin. 36:52 How do you know that it applies to kodshim? 36:54 To which the gemara says talmud lomar שור או כשב או עז כי יולד u'ksiv basrei ושור או שה אותו ואת בנו לא תשחטו ביום אחד. 37:02 So rabosai so now watch this, so there is a juxtaposition amongst the pesukim in vayikra perek chaf beis posuk chaf zayin. 37:10 The torah says שור או כשב או עז כי יולד, right? 37:15 If you have a shor an ox, chesev a sheep, o ez a ram or a goat, right? 37:20 ki yivaled if it gives birth והיה שבעת ימים תחת אמו. 37:24 So if an animal gives birth to its young you have to let the young stay with its mother for seven days. 37:31 After seven days u'mi'yom hashmini v'halah from day eight and on ירצה לקרבן אשה להשם. 37:36 So this is halacha, halacha is you cannot offer up an animal that is less than eight days old as a korban. 37:44 That's posuk one. posuk two that immediately follows is ושור או שה אותו ואת בנו לא תשחטו ביום אחד. 37:52 So right after the torah gives the seven-day requirement before you go ahead and offer up an animal right afterwards it says אותו ואת בנו לא תשחטו ביום אחד. 38:01 So the juxtapositions between the first posuk that talks about korbanos and the second posuk that talks about oso v'es bno. 38:08 So the gemara limed so the juxtaposition teaches me לימד על אותו ואת בנו שנוהג במוקדשין, teaches me that halacha. 38:12 So a juxtaposition itself teaches me that oso v'es bno ultimately applies even by sacrificial animals. 38:22 I אימא במוקדשין בחולין לא. I'll take it a step further, maybe oso v'es bno only applies to kodshim? rabosai, just like the halacha that you can't offer up an animal less than eight days old only applies by korbanos, right? 38:36 There's no such a halacha for instance we just got finished with ben pakua, okay so that might not be the best example, but halacha lemaaseh when it comes to regular shechita there's no din of waiting eight days. 38:44 I I can eat the calf as as young as I want, right? 38:49 So lemaaseh maybe oso v'es bno only applies to sacrificial animals? 38:54 To which the gemara says shor hifsika inyan. 38:59 Ultimately again rabosai the word shor which is repetitive in this context tells you that no, because rabosai remember the way the posuk pesukim are created or are written is שור או כשב או עז, torah introduces it, right? 39:12 If you have one of these animals if it gives birth the young has to stay with the mother for seven days and only from eight day on and then it says שור או שה אותו ואת בנו. 39:19 If oso v'es bno only applied to sacrificial animals you don't need the torah to introduce it again with shor o seh, just kind of lead into it from the previous posuk. 39:30 The fact that it says shor o seh indicates to us what? 39:34 That halacha lemaaseh, halacha lemaaseh this second halacha of oso v'es bno applies to all animals. 39:41 hifsika inyan I ואימא בחולין אין במוקדשין לא. Well if that's the case maybe if the torah reintroduces shor o seh by oso v'es bno maybe it only applies by chulin and doesn't apply by korbanos? 39:53 To which the gemara says כתיב ושור ו' מוסיף על ענין ראשון. 39:56 No because the torah introduces oso v'es bno ose ben-o with a vav. 40:02 I will say that vav is the vav hamosif or the vav hachibor, which means that again the vav is adding on. 40:07 So then when it says v'shor ose, it's coming to add on to what was stated before. 40:12 Just like before, the Torah said that by sacrificial animals, halacha lemaisa, you have to go ahead and allow the animal to stay with its mother for eight days. 40:21 So too by sacrificial animals, אותו ואת בנו לא תשחטו ביום אחד. 40:25 You cannot go ahead and shacht the mother and the child. 40:29 But the Torah adds in the extra shor ose to kind of create ultimately a stop in between the previous pasuk and the next pasuk. 40:36 So the vav connects them, the shor ose stops them. 40:40 And the shor ose says by the way, this halacha of oso v'es ben-o applies to all animals. 40:45 Incredible. So the Gemara says if that's the case, אם קדשים כלאים לא אף אותו ואת בנו כלאים לא. 40:51 So if that's the case that there is some level of connection to kodshim, we should say that just like by kodshim, if you have a crossbred animal, ultimately again there's no sacrificial sanctity that could devolve upon that animal. 41:02 Maybe for a crossbred animal ultimately again there is no din of oso v'es ben-o? Alma tanya, then why does the beraisa say אותו ואת בנו נוהג בכלאים ובכוי? 41:11 Right, but again that's not the halacha. 41:15 The halacha is oso v'es ben-o applies to crossbred animals and even to a koi. 41:19 We've had koi before, we'll talk about it more. 41:22 Koi is this mysterious animal that we're not sure if it's a beheima, if it's a chaya, exactly what it is. 41:27 But the point over here is that oso v'es ben-o does apply to crossbred animals. 41:30 To which the Gemara says, v'od, furthermore again the pasuk says, v'od seh k'siv. v'amar Rava, Rava says amud bais, amud bais, zeh binyan av. 41:44 This comes to create the binyan av. Binyan av is a paradigm to tell me: כל מקום שנאמר שה אינו אלא להוציא את הכלאים. 41:51 Anytime it says seh, seh is only there to do what? 41:55 To exclude kilayim. Right, seh by definition means that whatever the halacha is only applies to a purebred animal, not to any cross-breeding. 42:05 So the Gemara says amar kra, therefore the pasuk says o lerabbos es hakilayim. 42:08 You're right. The word o comes to include even crossbred animals in the prohibition of oso v'es ben-o. 42:16 So what the Gemara essentially has is like this: ultimately again pasuk number one tells me that by sacrificial animals the halacha of miyom hashmini v'halah. 42:24 Then the pasuk says v'shor. v'shor connects the pasuk of oso v'es ben-o to the sacrificial pasuk to tell me that oso v'es ben-o applies even to sacrificial animals. 42:34 However, the reintroduction of shor ose tells me that oso v'es ben-o applies to all animals. 42:41 And by the way, the o, o is a rebuoy, comes to tell me that it even applies to crossbred animals. 42:47 To which the Gemara says hold up, האי או מיבעי ליה לחלק. 42:52 That o ultimately again of o seh is halacha lemaisa, is halacha lemaisa to teach me l'chaleik, to distinguish. 42:58 Now what does this mean? 42:59 That's a very interesting havamina. 43:01 This is a fascinating havamina. 43:02 עד דשחיט שור ובנו שה ובנו לא מיחייב. So this is a fascinating... 43:09 I would have thought based on the way the pasuk is written... 43:12 the pasuk is written as ושור או שה אותו ואת בנו. 43:15 I would have might have thought that the prohibition is only if you shacht a cow and its young and a sheep and its young. 43:26 In other words, in order to violate this you have to shacht both of these animals and their respective young in order to be in violation. 43:32 The Gemara says kamashmalan, l'chaleik miben-o nafka. 43:33 Therefore no, the word o comes to go ahead and miben-o... 43:43 the word o comes to distinguish between shor o seh. 43:47 It's either a shor and its young or a seh and its young, but you do not need both. 43:52 So the point over here is that o is already used for a different drasha. 43:56 If that's the case, then it's not available to go ahead and include crossbred animals. 44:01 To which the Gemara says kamashmalan, l'chaleik miben-o nafka. 44:04 To which the Gemara answers no, no, no, you're right. 44:12 We don't learn out ultimately again l'chaleik, we don't learn l'chaleik. L'chaleik means to distinguish between shor and seh, that ultimately you don't need both, but if you have the mother and the offspring of one, that's enough. 44:24 We learn that out ultimately again from ben-o. 44:26 Right, oso v'es ben-o, each one and its own child. 44:30 So therefore o is not needed for that drasha and therefore o goes back to be utilized ultimately for crossbred animals. 44:37 אי והא קאתי מיבעי ליה. One second, I need the o for something else. 44:41 What do I need the o for? 44:43 Lik'detanya, we learned in the beraisa. 44:44 Watch this. אילו נאמר שור ושה ובנו הייתי אומר עד שישחוט שור ושה ובנו. So again, if it would have said shor v'seh u'ben-o, I would have thought like the havamina just like we said before, that halacha lemaisa you're only chayiv if what, if you... 45:01 If you shacht a shor and its offspring, a seh and its offspring. 45:05 Therefore again the Gemara says talmud lomar שור או שה אותו ואת בנו. 45:12 Therefore when the pasuk says a shor or a seh oso ve-es beno. Mai lav, mai lav me-o nafkaleh? 45:19 You know, rabosai, it doesn't sound like the Gemara is learning this out from beno. 45:22 It sounds like it's learning it out from o. 45:25 Right? That o is that word that is coming to distinguish ultimately again between shor and seh and tell me I do not need both and their offspring. 45:32 I only need one of their offspring. 45:34 To mai lav me-o nafkaleh? To which the Gemara says lo, me-oso. 45:39 It's not coming ultimately, it's not learning it out from o, it's learning it out from oso. 45:43 So you know, rabosai, this is one of these interesting pieces where no one is disagreeing materially on the information, right? 45:48 The facts are the facts. 45:50 What we're arguing about over here is where those facts are gleaned from. 45:54 This is incredibly important because again where it is going to make it, where really what hinges on this is this whole discussion about cross-bred animals and their offspring. 46:04 So the point the Gemara is saying is that, no, we're learning it out from oso. 46:07 You're learning out the idea of lechaleik from oso. 46:10 If that's the case then o is free to be used for the derasha we wanted to use it before. 46:15 So the Gemara says הניחא לרבנן דמיאסטר להו אותו. 46:18 So that's fine according to the Rabbanan, who for them that oso is extra and unneeded for any other derasha. 46:24 אלא לחנניה דלא מיאסטר ליה אותו לחלק מנא ליה. But for Chananya who uses oso for a different derasha as we're going to see in just a moment, right? 46:36 Where does he learn out lechaleik? 46:37 Now again, rabosai, lechaleik means the problem we run into is from a straight reading of the pasuk it makes it sound like שור ושה אותו ואת בנו sounds like again that when are you in violation if you shacht a shor and its young, a seh 46:50 and its young. All of this, yes, you're shachting four animals. 46:53 That's when you'd be chayav. 46:55 So again ultimately again but for Chananya, so apparently for the Rabbanan oso is an extra word. 47:01 That extra word teaches me oso means it, means no, it's a shor and its young or a seh and its young, but I do not need all of them. 47:07 But for Chananya who uses ultimately again oso, we're going to see what he uses oso for. 47:14 Halacha le-ma'aseh so where does he learn this concept of chilluk? 47:18 To which the Gemara says לחלק לא צריך קרא. 47:21 So ultimately again no no you don't need a pasuk ultimately again to be mechaleik, to distinguish between shor and beno and seh and beno. 47:30 Why? דסבר ליה כרבי יונתן. Because Chananya holds like Rabbi Yonasan. 47:35 Okay. So rabosai, I'll just show you, actually it's right across in Rashi: כרבי יונתן דאמר אף על גב דלא כתיב או כמאן דכתיב או דמי וכל היכא דכתיב פלוני ופלוני או האי או האי משמע. 47:47 So rabosai, because we're going to see ultimately again we're going to see Rabbi Yonasan holds that even when the Torah doesn't say the word o, it's as if it said the word o. 47:56 Watch this. The Gemara says desanya: איש אשר יקלל את אביו ואת אמו. 48:00 So rabosai, so the pasuk says if a man will curse his mother and his father. 48:05 Now again, rabosai, when you read this pasuk, so remember the Torah says there's a chiyuv misa for cursing your parents. 48:10 אין לי אלא אביו ואמו. Now when you read that pasuk it sounds like when is there liability? 48:15 When is there liability? 48:16 If you curse who? 48:17 Your mother and your father. 48:19 Right? אביו שלא אמו ואמו שלא אביו מניין? How do I know that if chas ve-shalom I curse my mother without my father or I curse my father without my mother that I'm chayav? Talmud lomar אביו ואמו קלל אביו קלל אמו קלל דברי רבי יאשיה. 48:38 So ultimately again so here's what Rabbi Yoshiya does. 48:43 So Rabbi Yoshiya looks at the pasuk and the pasuk says איש איש אשר יקלל את אביו ואת אמו מות יומת אביו ואמו קלל. 48:50 In the beginning of the pasuk the word aviv is juxtaposed to yekaleil. 48:56 And in the end of the pasuk ultimately again imo is juxtaposed to kileil, to cursing. 49:03 Rabbi Yoshiya says since the beginning of the pasuk aviv is next to kileil and the end of the pasuk imo is next to kileil what does that teach you? 49:11 Whether you curse your parents together or you curse them individually ultimately again there's liability. 49:17 That's Rabbi Yoshiya. On the other hand Rabbi Yonasan, Rabbi Yonasan says משמע שניהם כאחד ומשמע אחד בפני עצמו. 49:23 So rabosai, so here Rabbi Yonasan says like this. 49:25 Rabbi Yonasan says look when you look at the pasuk right obviously the way the pasuk reads aviv ve-imo sounds like they're together. 49:32 But yet aviv ve-imo are also separate entities. 49:34 עד שיפרט לך הכתוב יחדיו. Ultimately again so Rabbi Yonasan says they are reckoned individually unless of course the pasuk tells you explicitly to reckon them collectively. 49:47 Now what does this mean? 49:48 Take a look at Rashi. Rashi says over here: רבי יונתן אומר אביו ואמו משמע נמי או האי או האי וסיפא דקרא לדרשה אחרינא להביא המקלל לאחר מיתה שחייב. 49:55 So rabosai, so essentially Rabbi Yoshiya said... 49:59 sorry... Rabbi Yonason said like this. 50:03 Rabbi Yonason says whenever you see something written in the Torah like aviv ve-imo, right, aviv ve-imo, always we always understand that the Torah means to put in there an 'or'. 50:14 'Or' by definition always lives in that pasuk. 50:19 He says textually, that's how it's understood. 50:21 So even though the pasuk reads as איש איש אשר יקלל את אביו ואת אמו, ve-es is synonymous with 'or', 'or', and therefore Rabosai again, when we come into our pasuk, ושור או שה אתו ואת בנו, ve-shor ve-seh, ve-shor oto, so ultimately again you have your 'or' and that's how you darshen it. 50:41 The Gemara says mai Chananya? 50:42 By the way, what's Chananya? 50:44 So that's Rabbi Yonason, that's Rabbi Yonason. 50:46 What's Chananya? So the Gemara says מאי חנניה מאי רבנן דתניא. 50:50 So here we go. 50:51 So again, this is going to be a much longer drasha that we'll begin today and we'll go into tomorrow's daf as well. 50:54 מאי חנניה מאי רבנן דתניא, אתו ואת בנו נוהג בנקבות ונוהג בזכרים. So says the Tanna Kamma, the Rabbanan say, that oto ve-es beno only applies with the mother and the offspring, does not apply to fathers. 51:06 Chananya or Chananya says, נוהג בין בזכרים בין בנקבות. 51:09 Chananya says no, it applies to the mother, it applies to the father, it applies to everyone. 51:14 מאי טעמא דרבנן? What's the logic of the Rabbanan that it only applies to mothers? 51:17 דתניא יכול יהיה אתו ואת בנו נוהג בין בזכרים בין בנקבות, you might have thought that oto ve-es beno applies both to mothers and to fathers. 51:25 ve-dinu? This is a kal va-chomer. 51:27 חייב כאן וחייב בשלוח הקן על הבנים. There is liability that's expressed over here by oto ve-es beno and there's liability that's expressed ultimately again by shiluach ha-ken, sending away the mother bird. 51:39 מה בשלוח הקן על הבנים בנקבות ולא בזכרים, just like by sending away the mother bird, Rabosai, who is the liability for? 51:46 Only for the mother and not for the father. 51:48 אף כשחייב כאן בנקבות ולא בזכרים. So too over here by oto ve-es beno, there's only liability for the mother, not liability for the father. 51:57 So Rabosai, I'm going to stop here right literally punkt in the middle of Chananya, but again this is going to open the door to the next major machlokes by oto ve-es beno. 52:06 Does oto ve-es beno only apply by the mother and its offspring, does it also apply by the father of the offspring? 52:13 Raging machlokes and again the reason why this is important is because this is going to go back and shed light in general how we go ahead and darshen the general pasuk. Im yirtzeh Hashem, stay tuned Rabosai, tremendous, incredible and overwhelming week. 52:34 Shkoiyach.
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