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0:18 All right, so we'll say good morning. 0:19 Today's daf is pay 80. 0:22 We are picking up on I and test on the base 79b, the last line. 0:28 So, the Gemara begins today with the conclusion we left off with yesterday, which were now of course about to challenge. 0:35 The Rabbanan say that Rabbi Eliezer and Rabbi Akiva are saying, remember again at the end of the day, where we left off yesterday, is that the Rabbanan and Rabbi Eliezer is focused on whether the father's identity is taken into account 0:54 or not. Ultimately, again, do we take paternity into account when determining animal identity or not? 1:04 That was the fundamental question. 1:06 The Rabbanan say that the conclusion we reached yesterday is that both the Rabbanan and Rabbi Eliezer are not sure. 1:14 Both of them have a question. 1:16 Do we say or not? 1:18 To which the Gemara says, well, if at the end of the day, they're both not sure, that's what they're arguing about. 1:24 Then what indeed are they arguing about? 1:26 What is at the root of their argument? 1:28 They are arguing about the top of the page. 1:30 The Rabbanan say that what they're arguing about is partial sheep identity. 1:35 Right, if an animal again is a crossbreed, and one of its parents is a sheep, that enough to endow it with sheep identity in all for all of the different applications that we've stated? 1:49 The Rabbanan say that if you have partial paternity from a sheep, that's enough to go ahead and endow you with sheep identity. 1:59 That's enough identity. And we'll say, "What's the What are the ramifications of having set identity?" 2:04 So, there are many things. 2:06 For example, you would not be liable in kisei adam. 2:09 Number two, you would be liable in os ol v'as mino. 2:13 So, the Rabbanan hold that even partial set identity is enough to vest you with set identity. 2:19 The Rabbanan say in the name of Rabbi Eliezer that it's a little bit set Rabbi Eliezer on the other hand holds that no, that ultimately again you're only considered a set if what? 2:28 If you have complete set identity, but not halacha l'maaseh again if you only have partial set identity. 2:35 Amora Papa says, "Hilchot l'inyan kisei adam umatinos therefore we're saying cases of a crossbreed where you have an issue of kisei adam or I should say the obligation of kisei adam umatinos and the obligation to give the kohanim their particular 2:52 parts of the animal, lomishkachas al habitzvi haba al hateyasha. 2:58 So, we'll say the only case where everybody would agree would be a situation of a tzvi, a deer, right? 3:03 A male deer which mates with with which mates with a female goat, right? 3:09 A goat or a sheep. 3:10 The Beis Din Rabbanan or Beis Din Rabbi Eliezer misabkin lo hu yochshin l'zera ha'av o lo. 3:18 Cuz they'll say that would be a case where we would say what? 3:21 There's a machlokes, do we say yochshin l'zera ha'av or not? 3:24 In this case of course remember again the father is a chaya, the mother is a beheima, so what's the status of the animal? 3:32 Is such an animal obligated in kisei adam because again we take the paternity into into question. 3:38 Would such a child ultimately again be subject to matnos kehuna, cohanic portions? 3:44 Well, that's only true if you say in yochshin [clears throat] l'zera ha'av cuz remember again the obligation of matnos kehuna is only a din by beheimos, not a din by chiyus. 3:53 To which the gemara says, "Bein the bein d'rabbanan and the bein d'rabi Eliezer mesafek lo hu. 3:59 Yichoshishin l'zera ha'av ilo." 4:02 They're both according to rabi Eliezer and d'rabbanan, there'd be a chashash, there'd be a safek, are we choshishin l'zera ha'av or not? 4:09 The gemara says, "V'kamiflagi d'sa v'af ilu b'miktzas sa." 4:14 And we'll say their fundamental chlokis would be, what is the status of partial sheep identity? 4:20 Does partial sheep identity go ahead and show up in the identity of the offspring or not? 4:24 "L'inyan osivie osivias b'lo." 4:27 And we'll say for the case of osivias b'lo, "Mashkacha slo bein b'tayish haba al hatzvia u'bein b'tzvia haba al hatayisha." 4:38 And we'll say the case of osivias b'lo would come up whether or not it's the father who's a sheep and the mother who's a deer or the father who's a deer and the mother who's a sheep. 4:49 How so? "B'tayish haba al hatzvia." 4:52 So we'll say if you say it's the case of ultimately the sheep that is mating with the deer, "U'li sura d'rabbanan savri." 4:59 I'm sorry, "U'li sura." 5:01 And ultimately we're trying to figure out ultimately would there be an issur? 5:05 "D'rabbanan savri gilma choshishin l'zera ha'av." 5:09 Cuz we'll say maybe d'rabbanan will say perhaps we are choshishin l'zera ha'av. 5:13 And furthermore again, "Sa v'af ilu miktzas sa." 5:17 I mean on we say even a partial sa identity is enough to create sa identity. 5:22 But also and therefore again, the offspring of osivias b'lo savrin, "He nami d'choshishin l'zera ha'av." 5:32 Rabi Eliezer would say even though we are what? 5:35 Even though we are choshishin l'zera ha'av, right? 5:38 Even though again halacha l'maiseh we do take paternity into account, nevertheless, "Sa v'af ilu miktzas sa lo amrinan." 5:48 Ultimately again perhaps would not say that partial identity of the set has any kind of impact. 5:54 It is only if this says a complete set partial set identity does not create the reality and therefore again low I mean on but say fine low I mean on but say we have all of the ashes so we will 6:06 just try to figure out all the variation of the cases. 6:08 If you have case of the deer the father is a deer and the mother is the goat so we'll say what will be the halacha. 6:15 All the malcus and we'll say the question would be would there be a prohibition of malcus such a situation. 6:21 So I'm going to say even though normally we take into account the father right there I have set that feel mix us say I mean on therefore I will say we say that even a partial [clears throat] set identity is significant 6:38 and therefore again we we would administer malcus in such a situation probably yes or sovereign sura is sir malcus malcus like I would have would have to say in such a situation there would be an issue but no malcus. 6:53 How so? Is sura equal there be an issue why do you not wish to say that I have the highest I will because maybe we don't take into account Zara have and therefore again this offspring is my mission a bonafide 7:07 set but malcus like a but there are no malcus why do you not wish to say that I have because perhaps we take paternity into account. 7:15 This set I feel mix us set low I mean on and ultimately again the case of set I will say even though I will call partial set identity we don't say. 7:26 I'm ready to say as well say fine so therefore again the malcus is ultimately again is still in the realm of kosher or Zara have or in kosher or Zara have that will be the fundamental malcus I will say now 7:39 I'll just tell you in terms of um All right, you know, I'll give you the halacha of the halacha of kosherness of the general is it well, let's go a little bit back to then we'll go back I'll show you 7:56 some of the Shulchan Aruch. 7:57 I'm going to have you good up. 7:58 Koi, we're still focusing a little bit on the koi. 8:01 So remember again, koi Rabbi Yehuda koi is very atzmi. 8:05 Rabbi Yehuda says that a koi is what? 8:08 Is a berya bifnei atzmo. 8:10 A koi is a an an animal onto itself. 8:14 Right? Rashi says over here berya bifnei atzmo v'lo miklal behema v'chaya hu ba. 8:19 The se'ara in chaim as well. 8:21 So as I said, this opinion of Rabbi Yehuda, see remember again in yesterday's daf, we said that a koi is the result of a of mating between a goat and a deer. 8:33 A goat and a deer produce a koi. 8:36 So what says the reason why a koi's status is somewhat is somewhat rooted in machlokes is because do we say chosheshin l'zera av in chosheshin l'zera av? 8:47 So because of that its identity is a little bit in flux. 8:50 Rabbi Yehuda says a little bit differently. 8:52 Rabbi Yehuda says that a koi is in fact a berya bifnei atzmo. 8:56 It really is an animal onto itself. 8:59 It's not a mixed breed between a behema and a chaya, but rather rather again it's a separate category. 9:06 It's a separate category. 9:07 Or in fact really what we're what it's a separate category to the point that what? 9:11 We don't know is it a behema or is it a chaya? 9:15 V'lo yichri'u bo chachamim im min behema hi im min chaya hi. 9:20 V'nachman amar koi ze ayil ze ayil havar. 9:24 So what says Rabbi So Rabbi Nachman says no, that ultimately again a koi is I guess what I'll call a wild ram. 9:33 Or Rashi says over here a ram which grows up in the forest. 9:37 A wild ram. Okay. 9:39 Kid and I were obviously according to Rav Nachman if you say that a koi is a wild ram, a wild ram presumably would be under what category? 9:45 Would be a behema. 9:47 Right? Because at the end of the day again, remember anything in the ram, goat, sheep family is going to be categorized and remember so right don't get thrown by the wild. 9:57 Right? Don't get thrown by the wild at the end of the day it's still part of the ram family and could be categorized ultimately as a behema. 10:03 So kidanai Ultimately again this is a machlokes tanoyim. 10:07 Koi zeh ayil habar. 10:10 Ultimately again the koi will be a wild ram. 10:12 Yesh omrim zeh abar min hachayish min hatzi. 10:16 Others say it's a mixed breed. 10:17 It's a result ultimately again of the mating between a goat and a deer. 10:22 Rabi Yosi omer koi beryah bifnei atzmo. 10:25 No, the koi is its own unique breed, own unique animal. 10:29 Velo echriyahu chachamim imin behema imin chayo imin behema. 10:33 And chazal did not rule is or they were mesupak is it a chayo is it a behema. 10:39 Rabi Shimon ben Gamliel omer min behema here. 10:42 Rabi Shimon ben Gamliel says no a koi is definitely a behema. 10:47 V'shel Beis Doshaim hayu megadlin mehen adaram adaram. 10:52 And I must say again Beis Doshaim the the the Doshaim family used to raise herds and herds of kois. 11:00 Amrav Zeira, Amrav Safra, Amrav Hamnuna. 11:03 So I must say so there or just interestingly enough you see a three-way machlokes regarding the status of a koi. 11:11 So right? So we have the opinion that a koi is a behema. 11:15 We have the status that the koi is a cross breed between a tzvi and a deer and a goat. 11:21 And then we have the opinion that says that's what? 11:23 A koi is a beryah bifnei atzmo. 11:25 It's not a behema, it's not a chayo, it's apparently something else. 11:30 Something else good. So Amrav Zeira, Amrav Safra, Amrav Hamnuna hani isei devav So, what say easy de ballo Rashi says first wide line in Rashi, easy de ballo. 11:41 So, these are these goats, forest goats. 11:44 Forest [clears throat] goats. So, what is the status of the forest goats? 11:47 Shiro's the gabem is bayach. 11:49 Ultimately again, they are fit to be offered up as carbonos. 11:52 Which Rashi says another way of saying what? 11:54 What is he saying what? 11:55 That they are behemus. 11:57 Right? Cuz remember again, you can't offer chiyos on the mizbayach, only behemus. 12:01 So, if you're saying that these forest goats ultimately again are fit for the mizbayach, then halacha l'maaseh they are behemus. 12:09 Sefar law ki yochal d'amra b'Yitzchak. 12:12 So, ultimately again, he holds like that which R' Yitzchak says. 12:16 D'amra ki yochal d'amra b'Yitzchak aser behemus min ha kasuv b'sulo. 12:20 What is it? The Torah when it goes through the list of animals, ultimately provides a list of 10. 12:27 If you look at Rashi, Rashi says aser behemus min ha kasuv l'hatir achila. 12:32 What is it? The Torah when speaking about the laws of kashrus, so goes and enumerates a list of 10 animals, Rashi says. 12:39 Shor, seches avim. I'm reading Rashi, second of the wide lines, says avim. 12:44 Ayal, ayal, tzvi, va'ayal, v'achmor, va'ako, v'dishon, v'tao, v'zemer. 12:49 V'eima lo od behema v'chaya kashera l'olam. 12:52 So, what say ultimately again, these are the only categories of kosher animals. 12:56 So, the Gemara says aser behemus min ha kasuv b'sulo. 13:00 Are there no more kosher animals? 13:01 V'chani midilka chashuv l'vadei b'hadi chayos shmanina d'eizim v'no. 13:08 In other words, say because these, because these animals, these easy de ballo, ultimately again were not categorized amongst the chayos, therefore what does that tell me? 13:17 That tells me that they are in the category of eizim. 13:20 They are in the category of goats. 13:23 Maskiflar. What say second wide line on peh amud alef, maskiflar d'Rav Nachman bar Yitzchak. 13:28 So, Rav Nachman bar Yitzchak raised the cash out. 13:30 The email I yell it's we brought to the analysis of the person. 13:35 Say that when the person speaks about the I yell and the right the the ram and the deer brought I will say that is a product. 13:44 That is a specific statement. 13:46 Call by him a clown. 13:47 The phrase call by him as a clown. 13:49 What do I have over here? 13:50 The product so the says sorry the call by him as a clown. 13:54 Product or clown if I have a product and a clown not a clown more Allah product. 14:00 Ultimately say when you have a product or clown so the clown ultimately comes to add on on the product. 14:07 Everyone say what does that tell me? 14:09 Equal to ball that tells that there are many more kosher animals than the ones listed here. 14:14 MK call honey product alarm on if that's the case then why does it go out of his way to enumerate all of the specific animals? 14:22 So the says mask if call honey product on so that's the cash out. 14:27 So that's the cash out that's the period ultimately again on this product or clown. 14:31 If that was true that the clown was coming to be most of on the product then why spend all of your time enumerating these items that are part of the product? 14:40 Mask if raised a cash out on the weaker I stayed with the cash out to the weaker. 14:48 The deal more mean not the only new. 14:51 Maybe this easy to follow. 14:52 Maybe they're a form of this echo animal. 14:55 I'm really a half hour call three hours a week probably three hours a week do more mean not the toll. 15:02 Maybe they're a type of this toll animal or mean not the same animal or they're in the category or parts of this same animal I'm really a half hour a week I may sorry to say listen to this. 15:14 So comes on and I listen to the sheep. 15:18 Right I'm really a half hour a week I may permitted their fats. 15:22 Now will say you know Memar permitted the fats of the easy devalo. 15:27 The right of these what we call wild goats or mountain go forest goats. 15:31 What does that tell you? 15:32 That they are not behemoths, rather they are hayas. 15:35 Cuz ultimately you can remember the hiluf of a behema is assur. 15:39 The hiluf of a haya will be mutar. 15:42 So if a Memar is permitting the fats of these animals, that indicates to us that they are hayas and not behemoths. 15:50 Bome Abba bar Reish Lakish bar Hiyya. 15:53 Me Rav Huna bar Hiyya. 15:55 So I'll say so Abba bar Reish Lakish bar Hiyya asked the following shaila of Rav Huna bar Hiyya. 16:01 Honey easy devalo ma de gavi mizbe'ah. 16:05 Now I will say these easy devalo, these mountain goats or forest goats I should say, right? 16:12 Ultimately again, are they permitted to be offered on the mizbe'ah or not? 16:16 So I'll say so that's another way of saying that what? 16:18 Another way of saying ultimately again, are they behemoths or are they hayas? 16:22 Are they? Ad kan lo figure Rav Yosi bar Abba bar Elah b'shar habar. 16:27 So up until now ultimately again, Rav Yosi and Rav Abba are only arguing about what we call this shor habar. 16:33 What's a shor habar means? 16:35 A wild ox. This non shor habar, this wild ox min behemahu is a type of behema. 16:42 Type of behema. Rav Yosi omer min haya. 16:45 Rav Yosi says it's not a behema, rather again the shor habar, the wild ox, is a behema. 16:50 So the Gemara says is is is a haya. 16:53 So what's the machlokes? 16:54 So the Rabbanan saying that shor habar, the wild ox, is a behema. 16:58 Rav Yosi saying it's a haya. 16:59 The Rabbanan say d'mitarguminan tur bolo mina d'behemahu. 17:06 The fact that I will say the Targum, the fact that when the Torah speaks about this shor habar, we translate it or I should say not the Torah, when we speak about of shor habar, we call it a turbo low. 17:17 Right, Rashi says over here in my so we're talking about a tur tur below. 17:22 Mina did the him who so it says the fact that we call it a tur. 17:26 Tur remember is a shar. 17:27 The fact that we categorize it as a shar indicates to us that what? 17:31 That it is a behema. 17:32 Rabbi Yossi saw me to Hashim lay ba hadi ba hadi chayos mina de chayu. 17:40 The fact that it's mentioned again in other categories of chayos tells us or I should say in the context of chayos tells us that what? 17:47 That it is a type of a chaya. 17:49 About honey divriha call mina de ezna. 17:53 But I will say when it comes ultimately again to this case of the easy dibala everyone will agree that they were a type of goat and therefore again in the behema family. 18:04 Maskif the acharei ika sir acharei ika is the kasha dilma mina de akonin who maybe they're part of this akol family. 18:13 Only the rav Ashi dilma mina de tau omina de zamina nu. 18:17 Or as I will say how do you know not to categorize it as part of these? 18:20 [clears throat] Maybe they're part of one of these other chaya families. 18:23 I'm really not going to Ashi amemar sharit arbayu. 18:27 Ultimately again the fact that amemar permitted their chiyuv tells us that what? 18:32 That halacha l'maaseh they are part of the chaya family not part of the behema family. 18:38 Okay? Kitzos Hashulchan so what's the number so again so just the takeaway from that sugia is interestingly enough I will say apparently it appears that what we have over here is as follows if you drill down [clears throat] to this the 18:50 interesting machlokes is when you have animals that species wise seem to be part of behema families but yet I guess what I'll call it behavior wise or lifestyle wise seem to be more part of chaya families. 19:06 What is their categorization? 19:08 Because again remember again normally behemas are considered to be more domesticated. 19:13 Chiyos [clears throat] are are animals that live out more out in the wild. 19:17 So interestingly enough, you have these types of animals that will say that's what? 19:21 That again species-wise seem to go ahead and be a behema. 19:25 Like this easy debala, these forest goats. 19:29 So on one hand again they seem to be species-wise part of the goat family. 19:34 Part of the goat family, but yet behavior-wise seem to be what? 19:39 Seem to be a bit more chiya family. 19:41 So what is that? 19:42 It's an incredible metaphor. 19:44 Right? Sometimes again species-wise we look like people, but sometimes behavior-wise we tend to look a bit more like chiyas. 19:55 So what do you do with something that looks like a behema, but behaves like a chiya? 20:00 Right? So what will I say? 20:01 So what's the answer? 20:02 What's the answer? How do you categorize it? 20:04 It's a machlokes. Right? 20:06 It's a machlokes. Is that called a behema? 20:09 Is that called a chiya? 20:11 A machlokes. But again for our sake over here, so therefore the categorization will say so bottom line it seems to be the one person who seemed to be exceptionally resolute on this was Abaye. 20:21 Cuz Abaye allowed you to eat the cheilev ultimately again for example of the forest goats because he felt even though species-wise they look like goats categorically they are they are deemed as chiyas and therefore again their cheilev will be mutar. 20:37 Good. Later. So what does it say? 20:39 Says the Gemara, "Kitzad ashochis?" 20:40 Remember again what I say if you remember, the Mishna went through all of the different variation of cases of remember again you have a mother and the child and the Mishna pretty much like went through every variation. 20:52 One is one is one is chekdish, one is not chekdish. 20:55 One you're slaughtering inside, one you're slaughtering outside. 20:57 Went through all the variation of cases in order to see what applied to O Sovea Spinno and what did not. 21:04 It says the Gemara, "Amar Rav Oshiya, "Kulam as in the little corruption." 21:07 What does it actually quite interesting. 21:09 Our in mission of clearly does not reflect the view of Rabbi Shimon. 21:14 Why? What does Rabbi Shimon say? 21:16 So the Gemara says me my me the Katoni cuz listen to this. 21:19 That will say now what we're going to see is Rabbi Shimon holds Rabbi Shimon holds that Shita Sheina Re'uya Lo Shmashita. 21:28 A Shita that will say that is an unfit Shita is not called Shita. 21:33 It's not called Shita. 21:35 If your Shita is not Halachically valid, it is not classified or categorized as an act of Shita. 21:42 So I will say so how do I know the mission doesn't reflect the view of Rabbi Shimon? 21:45 Watch this. So the Gemara says I'll tell you why. 21:49 Dikat me me my me the me the Katoni Kodshim Bahutz. 21:53 So Kodshim Bahutz so what does it say listen to this. 21:55 So you remember again let's say you have a mother and a child and both are Kodshim both are consecrated animals. 22:01 And you Shach them both outside of the Bet Hamikdash. 22:05 So what happened? What did the Mishna say? 22:07 Harishon Chayev Kares. When you Shach the mother you're Chayev Kares. 22:10 Now why are you Chayev Kares for Shachting the mother? 22:13 Cuz you're Shachting a sacrificial animal outside of the Bet Hamikdash. 22:16 Ushneiham Psulin. [clears throat] Ultimately again both animals will be unfit both will be Pasul. 22:23 Ushneiham Sof Kinas Harboy. 22:25 And ultimately again both will get Malkus. 22:29 Now I will say why do both get Malkus? 22:31 When you Shach the mother you get Malkus why? 22:33 Why? Cuz ultimately you have a Shachting or coming outside of the Bet Hamikdash. 22:37 And when you Shach the child why do you get Malkus? 22:40 For Oso Vi Asvino. 22:42 So says the Gemara Michti Shaminah Le Rabbi Shimon D'Rabbi Shimon Shita Sheina Re'uya Lo Shmashita. 22:47 So I will say remember again this case will not make sense for Rabbi Shimon why not? 22:51 Cuz Rabbi Shimon holds Shita Sheina Re'uya Lo Shmashita. 22:55 An unfit Shita is not Halachically valid. 22:58 Therefore again I will say I'm on the base. 23:00 Kama Michtol Katli Sheini miskab bifnei sorry, kareis nami lechayav. 23:08 So, we'll say, "Watch this." 23:11 Because ultimately, again, Rebbi Shimon will say like this. 23:14 Rebbi Shimon will say, "When you take a sacrificial animal and you shecht it outside of the Beit Hamikdash, so so that that act of shechita, that act of slaughter, is not halachically classified as an act of shechita." 23:30 Why not? I will say, "Why not?" 23:32 Because ultimately, again, when you shecht a korban outside of the Beit Hamikdash, what's the status of that act? 23:38 It's an invalid act. 23:39 Rebbi Shimon holds any shechita that is not a valid shechita is not halachically classified as a shechita. 23:47 So, it's as if What did you do to the mother in this case? 23:50 It's as if what? 23:52 You killed her. So, so meaning shechting a korban outside of the Beit Hamikdash, according to Rebbi Shimon, I will say, is the equivalent, [clears throat] ultimately again, of knocking it over the head and killing it. 24:02 Now, the ramifications of that are very important. 24:05 Because I will say, "If that's the case, then ultimately again, the second animal is still fit for shechita." 24:11 And I will say, now, what the Rebbe is exposing over here is something very interesting. 24:16 The halacha of oso vi'es beno, right, only applies if what? 24:22 If the mother was properly shechted. 24:24 So, for example, I will say, "If you go over to the mother and kill her with an arrow, right, there is no problem to shecht the child immediately after that. 24:34 The din of oso vi'es beno is davka din when you shecht the mother." 24:37 Which makes sense why? 24:38 How do we know that? 24:40 That's the lashon of the pasuk. 24:42 Oso vi'es beno lo sishchatu beyom echad. 24:46 So, what's Rebbi Shimon says? 24:47 That's a Rebbi Shimon says, "In this case, where you went ahead and you shechted the mother, mother's a korban, you shechted her outside of the Beit Hamikdash, that shechita is totally irrelevant, right? 24:57 That That is not a shchita. 24:59 It's as if he killed her. 25:00 It's as if it was a killed her stamp. 25:02 If he killed her stamp, then what? 25:03 Come on, mikhtal katli. 25:05 Shamei miskabel b'min. Therefore, again, this child is still ultimately again fit for sacrificial service inside of the Beit Hamikdash. 25:14 Right? Kareis nami l'chayav. 25:16 Therefore, ultimately again, therefore, the second one should still be subject ultimately again to kareis if you shachted outside of the Beit Hamikdash. 25:25 And you shall not be liable to oso v'espinou. 25:29 The fact that the Mishnah says in this case, where both animals are sacrificial and you shacht them both outside, that you chayav kareis for the mother and you chayav malkus for the child for oso v'espinou. 25:40 What does that tell me? 25:41 It tells you that the Mishnah does not reflect the view of Rabbi Shimon. 25:46 And what was I next case? 25:48 Chulin b'fnim. What was I So, just going to go through pretty much a number of the cases of the Mishnah and just show why they do not reflect the view of Rabbi Shimon. 25:57 What was the next case? 25:58 Chulin b'fnim. So, what was I What happens if ultimately again both mother and son are chulin and you shacht them both inside of the Beit Hamikdash? 26:09 So, what did the Mishnah say? 26:11 Shnayim psulin. Both animals ultimately again will be pasul. 26:16 V'asheini soveig es ha'arbeim. 26:18 And I will say you get malkus for shachting the child. 26:21 Right? You get malkus for shachting the child ultimately again because of oso v'espinou. 26:26 So, what was I mikti shamei d'Rabbi Shimon d'mishchita she'lo l'shem mishchita. 26:30 So, what was I According to Rabbi Shimon, what's the halacha? 26:33 Right? A non A non valid shchita halacha l'maaseh is not called shchita. 26:39 Lo sh'ma shchita. Therefore, what was I That's the case. 26:42 Come on, mikhtal katli. 26:44 What was I If you slaughter If you shacht chulin b'fnim. 26:48 Right? If you shacht a non consecrated the inside of the Beit Hamikdash. 26:52 is that an act of shita? 26:54 No. Now we are according to because according to any act of that will say that does not render the animal fit is not halachically called shita. 27:05 Even though again you went through the proper behaviors, right? 27:09 You cut the majority of two simanim. 27:11 If it doesn't result in permissibility of the animal it's not called shita. 27:18 If that's the case of what I say so you remember again the common denominator you're going to see that according to what I say whatever the shita of the mother is not called a bonafide shita then what? 27:29 [clears throat] There is no prohibition of the S Bino. 27:34 Therefore again in this case over here where both are you check the mother inside of the base of sh. 27:41 Right? Therefore again shita you've effectively killed the mother but not through shita. 27:50 Is that a boy? 27:50 Then why should the child be subject to also the S Bino? 27:55 I can't you know about similar again the next case I don't you show what I say now watch the next case. 28:02 Both mother and child are sh. 28:04 Right? Both are sh. 28:06 Both are sacrificial animals. 28:08 You check them now both inside the base of sh. 28:10 Good sounds good so far. 28:12 I reach on a potter so the mother ultimately again fine kosher or potter. 28:17 Right? She's kosher in the shita was You offered up a carbon there's no there's no issues. 28:23 The shini so we get them but when you check the child you will be liable for also the S Bino. 28:30 You pass so let's analyze this. 28:32 Mifty shami shita let me show you the opinion that says that what? 28:39 An un shita a non valid shita is It's called shita. 28:46 So shita's this this is wild by the way according to he will say shrita what is this is wild and we should hold that even the is called the shrita ruya What does that mean that the shrita of is called 29:07 the shrita watch this the mystery box sir because this remember will say what's the definition of a shrita ruya it's any shrita which results in the immediate permissibility of the item you are shacting when you shact a carbon does that 29:30 result in the immediate permissibility of the carbon no what do you still have to do so what I would say this is pretty wild so we should will say that even when you shact a totally kosher carbon right I'm shacting 29:42 a carbon inside the mikdash that is still called a shrita shaeena ruya now what what is the implication of saying that that shrita shaeena ruya therefore what the child will not be subject to the bino so what I would say 30:00 this is actually pretty wild so according to shimon you can have a case of a totally bonafide shrita but I would say now we're further defining it what is the shrita ruya it is a shrita which immediately permits the animal 30:14 if the shrita is a kosher shrita but does not immediately permit the animal it's called the shrita shaeena ruya and if it's a shrita shaeena ruya then it's offspring is not subject to the bino so if we give if that's 30:30 the case shaeena a my so fake bino if that's the case I would say that shrita of is not called the shrita ruya then what then it's offspring ultimately again should not be subject to a Soviet spin-off. 30:45 So we'll say so bottom line says the Gemara Al Shmanim Rebbi Shimon. 30:49 What's the takeaway? The takeaway is it is quite it is abundantly clear explicitly clear unequivocally clear that our Mishna does not reflect the view of Rebbi Shimon. 31:01 To which the Gemara says pschita d'haqi sa. 31:05 So we'll say so we'll say shkaya like okay. 31:08 That I mean I will say it's it's not it's it's not even that it's a shayva. 31:11 Meaning it's explicitly clear. 31:13 It's obviously clear that the Mishna does not reflect the view of Rebbi Shimon. 31:18 That's obvious. So we'll say so essentially the Gemara is saying over here is why the need to go through this entire exercise. 31:24 Meaning it is clear from the outset. 31:26 We'll say no one's arguing. 31:27 Rebbi Shimon's view is not expressed in our Mishna. 31:30 Why the need to kind of beat it over the head and go through all of this? 31:34 To which we'll say I'll tell you why. 31:35 Shchita's kachin shchita we'll say I'll take the necessary case. 31:39 Is that last one shchita's kachin because we'll say that is the greatest that is the greatest chidush. 31:44 That case we'll say where what? 31:46 Both mother and child are are sacrificial animals. 31:49 Where are you shchiting them? 31:51 You're shchiting them inside of the base hamikdash. 31:54 What did the Mishna say? 31:55 The Mishna said the mother is kasher or pasul right? 31:57 The mother fine. Right? 32:00 Her offering is being shchita's is a pasul is is a good shchita being done inside of the base hamikdash. 32:06 Always good. Right? And therefore again if you go ahead and you shchit the offspring the Mishna pasken that what? 32:13 You are liable for a Soviet spin-off. 32:15 We'll say that's the chidush case. 32:17 Because apparently the hava mina is sagana kamina shchita's kachin shchita re'uya hi. 32:24 So we'll say I would have thought that even Rebbi Shimon would agree that the shchita of a sacrificial animal is considered to be a shchita re'uya d'ha inofar v'zarik dam lo mishtari basar. 32:38 V'chi shachat mishtari >> If you were to stab the sacrificial animal and sprinkle its blood, of course it would not be good. 32:52 So, I would have thought that even according to Rabbi Shimon say, the shrita of a sacrificial animal is called what? 32:59 Shrita ruya. Kama shvilan says the gemara that that is not the case. 33:03 Kama shvilan the halacha l'maaseh Rabbi Shimon holds that the shrita of a sacrificial animal is called what? 33:10 Ishrita she ain ruya. 33:12 Why is it called the shrita she ain ruya? 33:15 Because the shrita of a sacrificial animal does not immediately and instantaneously permit the animal for consumption. 33:24 Since ultimately again or for use I should say, since even after shrita, the animal still requires zrika, therefore again halacha l'maaseh we call the shrita of a of a sacrificial animal, we call it ultimately again a shrita she ain ruya. 33:40 That was the chiddush case. 33:41 Good. The vilkinami mishum lav d'machser zman. 33:46 So, what does I say says the kidushin v'lo kinami haishnei kochi b'fnim. 33:51 So, what does I say now? 33:51 Watch this and this is quite interesting. 33:53 In this case where both mother and son are both sacrificial animals and you shachtin them both inside of the Beit mother is kosher l'pater, right? 34:01 The mother is totally fine. 34:02 What's the status of the child? 34:04 When he says So, when you go ahead and you shacht the child the you're going to get malkus for slaughtering the child. 34:10 Why? Why? Oh, so viyas b'no. 34:13 So, what does I say? 34:13 The gemara says that you should get malkus The machser zman. 34:17 The what does I say? 34:18 That's actually quite interesting. 34:19 What does I say? 34:19 Machser zman means anytime you go ahead and you offer up a korban at the wrong time. 34:26 Or in what we call when the korban is time deficient, there's another set of malkus. 34:31 What does I say? 34:31 Now, let's analyze When you shacht the mother, so what she would say what's the status of the offspring what's the status You could offer it just what? 34:41 Just not today. Just not today. 34:43 And if you offer it today then what happens? 34:46 That is the equivalent of offering up a premature carbon. 34:50 Like you what's the example of premature carbon? 34:52 You would say you're not permitted to offer up an animal until it's how old? 34:55 At least 8 days old. 34:57 If you offer it up when it's 7 days old what's its status? 35:02 That's called So it's an interesting enough in this case you offered up the mother so in addition to getting for I should also be in violation for what? 35:13 Offering up interestingly enough a premature carbon. 35:17 Cuz this carbon is fit for offering but not until tomorrow. 35:21 It's the equivalent almost of what? 35:23 Offering up a 7-day-old animal which is this one. 35:35 What's it say how do I know that anything that is possible ultimately again and it's a Ultimately teaches me that anytime you go ahead and you offer up a carbon not in the right time it's under this category ultimately of 36:01 this year that This means it's not accepted. 36:04 So again in addition to when I shut the mother the child should become subject to this publication of 30 you're right What's at the end of the day when the mission is talking about the prohibitions associated ultimately again with the 36:25 offering of this carbon we're only talking about also via spino. 36:28 We're not leaving out the possibility that these other that that these situations could result in additional prohibitions. 36:36 It's just that what? 36:37 We're only focusing on the prohibitions of also via spino and not anything else. 36:44 But not to tell you that it can't result in other prohibitions. 36:47 To which the Gamorah says, is that's true? 36:50 Is that true? The Gamorah says. 36:55 But yet again, the mission did speak about the prohibition of shechting outside, which has nothing to do with the prohibition of also via spino. 37:04 Yet it's mentioned in the mission. 37:05 The kind of coaching about we shall be able to say, what do we learn in the mission? 37:13 Ultimately again, the case of the mother and the son where you shecht them outside. 37:17 So what did it say? 37:18 The first one is chive caris and both get malcus. 37:21 The mission of mission of mission of love those also via spino. 37:25 So faith. So what say so, I understand. 37:27 Right? The child, the offspring is subject to malcus ultimately again because of also via spino. 37:32 But why ultimately again? 37:35 Why does the rishon get malcus? 37:39 Ultimately again because of the prohibition of shechting outside, which has nothing to do with also via spino. 37:45 So you see that the mission is mentioning prohibitions that are separate and distinct from also via spino. 37:49 To which the Gamorah says, you're right. 37:51 The lack of love those also via spino chashiv. 37:55 Sorry. Kolecha the lack of love those also via spino chashiv love nochri. 38:00 Whenever I will say the particular animal mentioned in the mission is not subject to the prohibition of also via spino, we'll mention other love him. 38:07 The kolecha the love those also via spino love nochri. 38:11 But whenever the animal in question is subject to also via spino, then what? 38:16 Then the ma'aseh, we will not mention other love him. 38:20 So we'll say so again. 38:21 So the way the mission set up is ultimately again the animal that is subject to a Sota Yisrael, the Mishnah will not mention any other associated love. 38:31 But, the animal in the Mishnah's cases, which is not subject to a Sota Yisrael, ultimately again the animal the excuse me, the Mishnah will mention secondary love. 38:40 Well, so we'll stop over here. 38:41 I'll share with you a short idea.
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