Transcript Translit עברית
This transcript is auto-generated and may contain errors.
0:19 All right, rabbosai, good morning, good morning, good erev Shabbos. 0:23 Let us begin. Begin by thanking all of our sponsors for this morning's shiur. 0:27 We thank our Talmud Torah sponsors for the month of Av, haba'ah lilui nishmas Mel and Karen Rahm for dedicating over sheish-esra drashos this month. 0:36 In the zchus for a refuah sheleimah for Eliezer ben Elisheva and Iris Miller and Adam and Leslie Rosen, lilui nishmas Dr. 0:43 Joseph Miller, חיים יוסף בן ראובן zichrono l'vracha. 0:48 Friends of Yerachmiel ben Perela, in the zchus of a refuah sheleimah and Yossi and Malky Cohen in memory of Rabbi Dr. 0:55 Nachum Schuchman, נחום בן רב חיים יהושע הלוי zichrono l'vracha. 1:00 Our Daf Yomi sponsors for today, Eyal and Sarah Steinberg, in the zchus of continued hatzlacha for Shana bas Susha for an ultimate refuah sheleimah and Jonathan and Jen Kaplan in memory of Dr. 1:10 Joseph H. Miller zichrono l'vracha. 1:12 We update our d'var Talmud Torah for all of the neshamos d'ovun aliya, l'ham'zeino nechama. 1:17 All those who need a refuah sheleimah together with kol cholei Yisrael. HaKadosh Baruch Hu should im yirtzeh Hashem allow the rest of this holy month to be filled with brachos, yeshuos, v'nechamas for all of Klal Yisrael and we should be zocheh im yirtzeh Hashem to a true Shabbos of nechama, a beautiful, uplifting Shabbos Nachamu. 1:31 And with that, let us begin. 1:34 What a daf last night, what a daf last night. 1:37 Baruch Hashem. Although the way I'm feeling, the way I'm feeling this morning, we should have really just gone straight, we should have really just done yesterday's and today's daf, but all right, im yirtzeh Hashem. 1:46 תורת השם תמימה משיבת נפש, let's do this. 1:50 Rabbosai, today's daf is peh-hei 85. 1:52 We are picking up im yirtzeh Hashem on peh-daled amud-beis 84b and we are picking up at דרש רב אבינא פתחא דבי ריש גלותא. 1:59 It is 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24. 2:07 24 lines, 24 lines up from the bottom. 2:09 So the Gemara says as follows. 2:11 So the Gemara says: דרש רב אבינא פתחא דבי ריש גלותא. 2:13 So Rav Avina paskened the following halacha in an entranceway of the house of the Reish Galusa. 2:20 השוחט לחולה בשבת. If somebody shechts for a choleh on Shabbos, like rabbosai remember, shechita is one of the lamed-tes melachos, right? 2:28 So you can't go ahead and shecht on Shabbos. 2:30 However, obviously for a choleh and we speak about חולה שיש בו סכנה, literally of someone who's in mortal danger or or even the possibility of mortal danger. 2:42 At that point of course again you're allowed to do any melacha for them. 2:45 So let's say again, someone is a choleh and they need meat. 2:48 So I'm allowed to shecht for them on Shabbos. 2:51 So ultimately Rav Avina says, if I shechted a chaya or an of, I would be chayav in kisuy hadam. 2:57 In other words, once I, once I have an and remember rabbosai if somebody's in mortal danger, there is a halachic imperative to violate Shabbos in order to go ahead and save them. 3:07 So Rav Avina essentially says, once I have the obligation to shecht, once I have the obligation to shecht, ultimately again I also have the mitzvah, the obligation of kisuy hadam. 3:16 Okay, amur lehu Rabbah. So this sorry, Rabbah says something very interesting. 3:21 He says: Ishtammu ka-amar. So ishtammu ka-amar means this is, this is an overwhelming statement. 3:27 Rashi says: Davar teimah hu, lashon ishtammum. Now, this is an overwhelming statement was not a compliment. 3:33 And this is an overwhelming statement is like that's ridiculous. 3:35 But but it's so ridiculous that it's overwhelming, right? 3:38 I guess we can relate to this. 3:39 People say ridiculous stuff all over all the time, but then sometimes you hear something that's just overwhelmingly ridiculous. 3:45 So this is so overwhelmingly ridiculous to the point lishtammua l'amora minei. 3:51 Okay, so rabbosai so watch this. 3:52 So Rashi here has two girsa'os. 3:56 According to the first girsa of Rashi, Rabbah was saying they should cut out his tongue. 4:00 Now, that's a bit extreme, right? 4:03 So therefore Rashi comes to a second statement and Rashi says they should remove his amora. 4:08 Remember again rabbosai in the in the times of the Gemara, so teachers it's fascinating actually model, what would sometimes happen is a rebbi was someone who possessed a lot of information. 4:18 But lav davka he possessed oratory ability or the ability to take complicated concepts and break them down into digestible pieces of information. 4:26 So what would happen? 4:27 The the rebbi needed to teach the masses often. 4:30 So the rebbi would often have an amora, right? 4:32 So the amora would go ahead and get the information and then would break it down, you know, in for the masses. 4:37 So Rabbah was saying, Rav Avina should lose his amora. 4:39 Correct that you should take his amora away, meaning that perhaps it's not a good idea to have him teach Torah, which very very strong statement. 4:48 Which which if we distill this all down, essentially what Rabbah was saying to Rav Avina was, I disagree with your position, right? 4:55 So Rav Avina saying if you have a mitzvah to if you have a mitzvah to shecht on Shabbos, you should do kisuy hadam. 5:00 Rabbah saying... I don't think so. 5:02 I don't think so. 5:03 D'tanya, why why was Rabba so opposed? 5:05 D'tanya, Rabbi Yossi omer כוי אין שוחטין אותו ביום טוב. So a koy, we don't shecht a koy on Yom Tov. 5:10 Again, Rabosai, what's a koy? 5:11 Remember, a koy ultimately again is ספק חיה ספק בהמה. 5:14 So so remember, when when you shecht a koy normally, what you would do is you would do kisuy hadam, but you would do it without a bracha. 5:23 Without a bracha. But on Yom Tov, on Yom Tov, we say don't shecht a koy. 5:27 Why? Because, Rabosai, it's very important to understand dirt is inherently muktzah. 5:32 Right? Now again, if there's a need for the dirt, that's something different and how we deal with this in general we'll discuss. 5:37 But better just to avoid shechting a koy on Shabbos, that way you sidestep any potential muktzah issues. 5:43 V'im shachto, but if you did shecht a koy on Shabbos, אין מכסין את דמו מקל וחומר. 5:46 We do not go ahead, we won't do kisuy hadam based on a kal v'chomer. 5:53 Now what's the kal v'chomer? 5:54 The Gemara says what's what what is the kal v'chomer? 5:56 So the Gemara says what the kal v'chomer is as follows: מה מילה שודאה דוחה שבת. 6:02 Now when it comes to milah, bris milah, vad'ah where again now what the at first glance the kal v'chomer's not going to make sense. 6:09 The Gemara's going to explain what the Gemara's trying to say over here, but let's just read it for now. 6:13 מה מילה שודאה דוחה שבת, a milah which has which which has a defined or a certain obligation is docheh Shabbos, אין ספיקה דוחה שבת, yet a safek milah is not docheh Shabbos. 6:26 כיסוי שאין ודאו דוחה שבת, I'm sorry, what did I say? 6:32 I'm sorry, אין ספיקה דוחה. Sorry, sorry. 6:34 מה מילה שדוחה שבת אין ספיקה דוחה יום טוב. So by milah where even a vadi milah ultimately again is docheh Shabbos, and again Rabosai, what a vadi milah is we're not sure yet, but אין ספיקה דוחה יום טוב, but a safek milah will not be docheh Yom Tov. 6:51 כיסוי שאין ודאו דוחה שבת, then kisuy hadam where even the vadi obligation will not be docheh Shabbos. 7:00 Again, not exactly clear what that means. 7:02 אינו דין שאין ספיקה דוחה יום טוב. So certainly its safek will not be docheh Yom Tov. 7:08 Now the safek is, I understand the safek is will be if you shecht a koy. 7:12 So Rabosai, let's we're going to we're going to explain and unpack that kal v'chomer in just a moment. 7:16 Amru lo, so they said to him, that's not a good kal v'chomer and I'll tell you why. 7:19 תקיעת שופר בגבולין תוכיח. Rabosai, how incredible is this? 7:23 תקיעת שופר בגבולין which is the blowing of the shofar outside of the Beis Hamikdash will prove that this is not true. 7:29 Again Rabosai, just understand how profound this is. 7:31 Today, right, the first day after Tisha B'Av, the sefarim bring down that Yamim Noraim begins on Motzai Tisha B'Av. 7:38 Right? Unlike classically thought Yamim Noraim begins Elul, the sefarim bring down that again the journey to Yom so how amazing is it that on literally the first day of the journey to the Yamim Noraim ultimately we have tkias shofar. 7:51 Incredible. The Ribono Shel Olam giving us chizuk on the journey ahead. 7:54 Overwhelming. So tkias shofar bigvulin. Now, tkias shofar bigvulin means tkias shofar outside of the Beis Hamikdash will prove that this is not true. 8:03 Now, if you look at Rashi here for just a moment, Rashi says bigvulin, Rashi says דקיימא לן בראש השנה בשבת במקדש היו תוקעין אבל לא במדינה. 8:08 Now what this is referring to is the following, that halacha l'maaseh on Shabbos in the Beis Hamikdash they would blow the shofar, but we do not blow the shofar on Shabbos. 8:22 I think this year Rosh Hashanah is on Shabbos, right? 8:24 So we don't we don't blow the shofar on Shabbos. 8:27 Now why is that? 8:29 Interesting enough, that's a classic idea called a gezeira d'Rabbanan. 8:32 What was right Rabbanan said what are we concerned about? 8:34 שמא יעבירנו ד' אמות ברשות הרבים. Not everyone is proficient and skilled in tkias shofar. 8:40 You need someone who knows how to do it and what what are we concerned about? 8:42 Someone's going to carry their shofar inadvertently in a prohibited way over Shabbos. 8:46 Okay. So that's what it means when it says תוכיח שאין ודאה דוחה שבת. 8:54 So therefore tkias shofar on Shabbos outside of the Beis Hamikdash is not docheh Shabbos. 8:58 וספיקה דוחה יום טוב. But interestingly enough, safek is docheh Yom Tov. 9:04 Now once again Rabosai, this is a very all of the parts of the kal v'chomer, almost all the parts of the kal v'chomer are very cryptic because it's not immediately clear what it's referring to. 9:11 וספיקה דוחה יום טוב, what what is that referring to ultimately again by Rosh Hashanah? 9:14 Okay, so again like I said, we'll unpack all the parts of this kal v'chomer in just a little bit. 9:19 השיב רבי אלעזר הקפר ברבי. Tshuvah. So Rabbi Elazar HaKappar Berabbi answered answered this up. 9:24 He says mah l'milah, milah's different, don't bring milah into this, why? 9:28 שכן אינה נוהגת בלילי ימים טובים תאמר בכיסוי שנוהג בלילי ימים טובים. So don't don't bring in milah. 9:34 Why? Because milah's different. 9:35 Milah, you can't do bris milah on the nights of Yom Tov, but yet kisuy hadam can be done on the nights of Yom Tov. Amar Rabba, זה אחד מן הדברים שאמר רבי חייא ואין עליהם תשובה והשיב רבי אלעזר הקפר ברבי תשובה. 9:51 This is one of the areas where Rabbi Chiya said there is no answer, there is no refutation to this kal v'chomer, but yet interestingly enough ultimately Rabbi Elazar HaKappar brought up a refutation. 10:01 Of course, here's the transcription you requested: So now that the Gemara went through that process, the Gemara now is going to go back and ask on this Kal Vachomer because it doesn't seem to make sense. 10:09 Katani mehatam kisuy she'ein vadao doche Shabbat. Now let's go back for just a second. 10:14 Right, the one of the parts of the Kal Vachomer was Kisuy, a vadao, in other words, a definitive obligation of Kisuy is not doche Shabbat. 10:23 Now again, now that's obvious. 10:24 That's obvious. Why is Kisuy HaDam not vadao? 10:28 Remember, shechitah is asur on Shabbat. 10:30 So there is no inyan of shechitah on Shabbat. 10:36 Okay, there are extenuating circumstances, but l'maiseh, there is you can't do shechitah on Shabbat. 10:42 So of course Kisuy is not doche Shabbat. 10:45 What does that mean? 10:46 So the Gemara says, mai vadao kisuy d'lo doche Shabbat? 10:49 So the Gemara says, so obviously it can't mean just regular shechitah. 10:54 So what's the, in other words, where would the Gemara entertain the idea that Kisuy would be doche Shabbat? 10:59 The Gemara says לאו השוחט לחולה בשבת. 11:01 Oh, so it must be there's only one case of where there's shechitah on Shabbat. 11:08 Right, what's the one case? 11:09 The one case ultimately again is going to be where halacha l'maiseh you shacht for a choleh on Shabbat. 11:16 Someone is ill, chas v'shalom, sakanat nefashot, or at least safek sakanat nefashot. 11:20 You have to shacht for them. 11:22 Now what is the Gemara saying? 11:23 Even though you have a license to shacht, Kisuy is not doche Shabbat. 11:29 Okay, so you have a mitzvah to shacht, but you don't do Kisuy HaDam. 11:32 Now again, coming full circle, this is where remember again, this is where Rabbah got upset at Rav Ina because remember again, Rav Ina said at the entrance to the house of the Resh Galuta that if you shacht for a choleh on Shabbat, you 11:46 are chayiv to do Kisuy HaDam. 11:49 That's where Rabbah says, take away that man's Amora, right? 11:51 He shouldn't have a platform to speak from. 11:54 Ultimately again, because remember based on the Kal Vachomer, even if you have a license to shacht, halacha l'maiseh there is no Kisuy. 12:01 The Gemara says, well one second, maybe not, ודילמא דעבר ושחט. 12:04 Maybe not, maybe we're not talking about a case of a guy who shachted legally. 12:08 Maybe we're talking about a case of a guy who shachted illegally. 12:10 Illegally, now illegally can mean b'meizid, illegally, chas v'shalom, illegally can mean b'shogeg, but who says that it's talking about a case of shachting for a choleh? 12:18 ודילמא דעבר ושחט דומיא דמילה. No, because again remember all these cases are grouped together. 12:24 So the case of shechitah is like the case of milah, מה מילה ברשות אף כיסוי נמי ברשות. 12:28 Just like milah is happening with permission, so too the case of shechitah is a case where it's happening legally. 12:35 אמרו לו, so they said to him, ותקע שופר בגבולין תוכיח שאין ודאו דוחה שבת. 12:39 So t'kiat shofar outside of the Beit HaMikdash will prove this. 12:40 How so? Because t'kiat shofar on Shabbat, even a vadao mitzvah is not doche Shabbat outside of the Beit HaMikdash. 12:53 So in other words, even if we know it's Rosh Hashanah, you can't, on Shabbat, you don't blow the shofar outside of the Beit HaMikdash on Shabbat, But yet safek shofar is doche Yom Tov. 13:10 The Gemara says, what does that mean? 13:11 Mai speiko? What's the safek case? 13:14 אילימא ספק חול ספק יום טוב. So again, maybe we're talking about a case, now again, remember Rosh Hashanah is a fascinating Yom Tov. 13:23 Why? Because it is the only Yom Tov that occurs at the beginning of the month, which poses an interesting issue because remember again, before the calendar was set, we rely on eidut to, we rely on testimony to establish the new month. 13:39 So by every other Yom Tov, we're good because every other Yom Tov is not, Shavuot is the other earliest Yom Tov, but you still have more than enough time for the eidim to get back and we know the exact date. 13:49 Rosh Hashanah, this is why by the way Rosh Hashanah is the only Yom Tov that even in Eretz Yisrael is two days, and interestingly enough, the two days of Rosh Hashanah, remember again in halacha are called a yoma arichta, one long day. 14:02 So again, a lot of interesting halachic complexity. 14:03 So the Gemara says, what's the case when you say, when we speak about this idea that speiko doche Yom Tov? 14:11 What speika are we talking about? 14:12 אילימא ספק חול ספק יום טוב. Again, if you're talking about that we're not sure if the day is chol or Yom Tov, השתא ודאי יום טוב דחיק ספק יום טוב ספק חול מיבעיא. 14:25 So again, remember, if you could blow shofar on a day that's definitively Yom Tov, then of course you can blow shofar on a day that's safek Yom Tov. 14:33 In other words, what's the shayla? Daf peh hei, this is fascinating, אלא ספק איש ספק אשה. 14:40 Now what are we talking about? 14:41 We're talking about again cases like for example tumtum and androgynos. 14:46 So what about ultimately again blowing the shofar for someone who's safek ish safek isha? 14:51 Again, this case comes right, again, the Gemara in Rosh Hashanah deals with this also. 14:54 Now again, interest, remember that halacha l'maiseh, men are obligated obviously in t'kiat shofar, women technically... 15:01 are not. Why? Why? 15:03 מצות עשה שהזמן גרמה. It is a time bound mitzvah. 15:07 Now again it's fascinating, it's fascinating, something you think about this because generally women are pretty medakdekos with shofar. 15:13 Which okay, so the whole Torah on that, not for now. 15:16 But lemaiseh, but lemaiseh, what happens if you have someone whose gender is halachically ambiguous? 15:22 Again, remember we have these cases of tumtum and androgynos where the halacha does not know how to classify them. 15:28 So the Gemara says, the Gemara says that ספק איש ודוחה יום טוב, which means you could blow the shofar for a tumtum and an androgynos on Yom Tov also. 15:39 So the Gemara says, Rashi says over here, אלא ספק איש ודוחה יום טוב גמור. 15:43 So I might have thought that maybe only the only time that you're allowed to blow the shofar is someone for whom their gender is definitively known. 15:50 Kamashma lan, the Braisa says even for safek you can. 15:53 Gemara says, veRabbi Yose le'tameih, and this is Rabbi Yose's, this goes according to Rabbi Yose. 15:57 How so? Or Rabbi Yose follows his reasoning. 15:59 It's very interesting. The Gemara says דאמר אשה ודאית נמי תקעה. 16:04 Rabbi Yose holds that even a woman is fit to go ahead and blow the shofar. 16:09 Now Rashi says over here, the Gemara says datanya, I should just finish the Gemara, Again rabosai, remember again when it comes to the mitzvah of smicha, the halacha is that men do smicha and women don't do smicha. 16:24 This is talking about of course the act of leaning on an animal, on a korban. 16:29 רבי יוסי ורבי שמעון אומרים נשים סומכות רשות. They hold that halacha lemaiseh, women don't have an obligation of smicha, but they can go ahead and choose to do smicha. Rashi says vesomchos reshus, it's the first short line, ואף על גב דלא מחייבא ולא אמרינן עבודה עובדת בקדשים והכי נמי לא אמרינן מחללת יום טוב היא. 16:49 So halacha lemaiseh, again this is Rabbi Yose. 17:00 This is what Rabbi Yose holds that women could go ahead and do smicha. Rabbi Yose also holds that halacha lemaiseh you can go ahead and women could, right, you can blow the shofar, women could blow the shofar on Rosh Hashanah, and ultimately again therefore even 17:13 if there's gender ambiguity, halacha lemaiseh you could blow the shofar for such a person on Yom Tov. 17:18 Incredible. Amar Avina, ולמאן דקתני רבנן נמי אית ליה פירכא. But even according to what the Rabbanan said, there is also a pircha, this kal v'chomer. 17:24 What's the pircha? מה לתקיעת שופר שכן ודאה דוחה שבת במקדש. 17:29 So rabosai, listen to this, tekiah shofar where definitive obligation is docheh Shabbos in the Beis HaMikdash. 17:34 תאמר בכיסוי דליתא כלל. Interestingly enough, there's no mitzvah of kisuy at all in the Beis HaMikdash. 17:43 And rabosai, now why is that? 17:44 Because remember again kisuy only applies to chayos and ofos. 17:49 Now remember again chaya, there's no such thing as a chaya that comes in the Beis HaMikdash. 17:53 And of, this is what, this was last night's Gemara, right? 17:56 We went through three different approaches as to why again there's no mitzvah of kisuy by ofos. 18:00 השיב רבי אלעזר הקפר ברבי, מה למילה שכן אינה נוהגת בלילי ימים טובים. Rabbi Elazar Hakappar Beribi raised the kasha. 18:08 What about milah? Milah doesn't apply on the nights of Yom Tov. Gemara says one second, בלילי ימים טובים הוא דלא נהגא בשאר לילי נהגא? 18:15 Now that makes it sound like you only can't do milah on the nights of Yom Tov, but other nights you can? 18:20 Again rabosai, remember again what's the halacha? 18:22 The halacha is we can't do bris milah at night, right? 18:25 Bris milah is not done at night. 18:26 Why? Because the posuk says וביום השמיני ימול בשר ערלתו. 18:30 There's a mitzvah davka the Gemara learns out that it's davka bayom and not balailah. 18:35 To which the Gemara says אלא מה למילה שכן אינה נוהגת בלילות כבימים. 18:39 Rather again rabosai, just like milah, right, milah does not apply by nights like it does by days. 18:45 In other words that milah is a daytime mitzvah. 18:48 תאמר בכיסוי שנוהג בלילות כבימים. Ultimately again say when it comes to kisuy that kisuy applies by night as it does by day. 18:59 Amar Rabbi Abba, זו אחת מן הדברים שאמר רבי חייא אין לי עליהן תשובה והשיב רבי אלעזר הקפר ברבי תשובה. And so rabosai, so that was, that was just the Gemara explaining, just unpacking the various pieces of the kal v'chomer. Amar Rabbi Abba, this is one of the things where Rabbi Chiya said I have no way to refute this kal v'chomer and Rabbi Elazar Hakappar came 19:19 along and offered up a number of different refutations. 19:23 Incredible. So rabosai, that concludes, that concludes ultimately again the first mishna of Kisuy HaDam. 19:28 We now continue in these halachos. Mishna: hashocheit venimtzei treifah. 19:32 So rabosai, this is going to be a mishna that is very reminiscent of what we had last week by oso v'es beno. 19:37 Again the overarching topic of shechita she'eina ra'uya. 19:41 If remember again we're just telling this outside before we delve into this. 19:45 So you remember again we had a fundamental machlokes, essentially it's a definitional machlokes about what is the definition of shechita. 19:51 Is a definition of shechita a mechanistic act which goes ahead and let's say by a beheima cuts the majority of two simanim, right, whether or not it... 20:00 produces something that can be eaten is irrelevant. 20:04 Or no, the definition of *shechita* is yes, the mechanistic pieces and also resulting in the ability to consume the item you shechted. 20:12 That's a fundamental *machlokes*. 20:14 The way that's framed is *shechita she'eina re'uya*. 20:17 What happens if you have a *shechita* which is mechanistically correct but *eina re'uya* does not produce something, it does not create a situation where I could eat the item that I shechted? 20:29 Is that in *halacha* recognized as a *shechita* or not? 20:32 That's a *machlokes*. So we saw it by *oso ve'es bno*, now we're going to see it here as well. 20:36 *Hashocheit venimtza treifa*. So let's say *raboisai* I shechted an animal and it turns out that the animal is a *treifa*. 20:40 Or *Hashocheit le'avodas kochavim*, or again *Reuven* goes ahead and he shechts an animal for *avoda zara*. 20:46 Or *Hashocheit chullin bifnim*, or I shecht a non-consecrated animal inside of the *Beis HaMikdash*, *vekodshim bachutz*, or I go ahead and I shecht *kodshim* outside of the *Beis HaMikdash*, or *chaya ve'of haniskalin*, or I take a *chaya* or an *of* 21:02 that should have been stoned, should have been stoned, and I shecht it. 21:06 *Rashi* points out over here when when would you have a case of a *chaya* or an *of* that should have been stoned? 21:10 *Rashi* says כגון שנרבעו ונגמר דינם לסקילה. Let's say they were used in an act of bestiality. 21:17 So the *halacha* is if you use an animal in an act of bestiality the animal itself is put to death. 21:22 Not because by the way, just to understand, not because of culpability for the animal, but *Rashi* points out over here that we're concerned that if the animal remains alive what's going to happen? 21:33 People are going to say oh, you know you see that cow, that's the cow you know *Reuven* and that cow, they had a thing, you know, so that's *altz kovod* to the person who committed the terrible act we ultimately go 21:47 ahead and execute the animal. 21:50 Okay, *raboisai*, so in all of these cases, these are examples of *shechita she'eina re'uya*. 21:54 So in all of these cases, the *shechita* I did was mechanistically correct, but *halacha lema'aseh* did not produce a consumable result. 22:02 Right, do you remember again, as we saw. 22:06 So what's the *halacha*? 22:06 So *raboisai*, so now what's the *shayla* over here? 22:08 The *shayla* is is there a *din* of *kisuy hadam* in this case or not? 22:13 That's the *shayla*. That's the *shayla*. 22:16 *Rabbi Meir* *mechayev*, *Rabbi Meir* says ultimately again I am *mechayev* in *kisuy hadam*, and ultimately *Chachamim potrin*, the *Chachamim* say that I'm *pattur*. 22:24 Okay, *raboisai*, so a fundamental *machlokes*. 22:28 So the *Gemara* says as follows. 22:28 Now again *raboisai*, *Rabbi Meir* says I'm *mechayev* because again, just to understand, *Rabbi Meir* holds שחיטה שאינה ראויה שמה שחיטה and the *Chachamim* hold *pattur* because שחיטה שאינה ראויה לא שמה שחיטה. 22:42 Okay, so the *Gemara* goes *weiter*. 22:43 השוחט ונתנבלה בידו והנוחר והמעקר פטור מלכסות. However, if *halacha lema'aseh* I'm shechting an animal and the animal becomes a *neveila*, I botched the *shechita*, or for that matter again I don't do *shechita* at all, but I just rip out the *simanim*, stab the animal, knock it 22:59 over the head, kill it in some other way, obviously in that case there's no *shechita* at all, and if there's no *shechita* everyone agrees that what, there's no *halacha* of *kisuy*. 23:08 Okay, that's our *mishna*. 23:10 That's our *mishna*. Why why that is we'll have to see. 23:13 אמר רבי חייא בר אבא אמר רבי יוחנן, *ro'ah* *Rebbe*, so *raboisai*, this is very interesting. 23:18 ראה רבי דברי רבי מאיר באותו ואת בנו ושנהו בלשון חכמים. So again *raboisai*, remember again *Rabbi Meir*, interestingly enough, *Rabbi Meir* in the *mishna* of *oso ve'es bno*, *Rabbi Meir* holds שחיטה שאינה ראויה לא שמה שחיטה. 23:34 That's where *Rabbi Meir* holds by *oso ve'es bno*. 23:36 So therefore again the *Gemara* says over here that *halacha lema'aseh*, so *Rebbe* saw the position of *Rabbi Meir* by *oso ve'es bno* and in our *mishna* codified that position as the *Chachamim*, codified that position as the majority position of the 23:49 *Chachamim*, ודרבי שמעון בכיסוי הדם, and *Rabbi Shimon* in *kisuy hadam* ultimately again who holds who holds that *halacha lema'aseh* שחיטה שאינה ראויה שמה שחיטה, sorry, just the opposite, שחיטה שאינה ראויה לא שמה שחיטה, ultimately again and codified it ודרבי שמעון בכיסוי הדם ושנהו בלשון חכמים. 24:12 And ultimately again took the position of *Rabbi Shimon* in *kisuy hadam* and ultimately again made it as the *lashon* of the *Chachamim*. 24:19 Look at *Rashi* for just a moment. 24:20 ראה רבי דברי רבי מאיר באותו ואת בנו דשחיטה שאינה ראויה שמה שחיטה לחייבו. So again remember again, so *Rebbe* went ahead and saw the position of *Rabbi Meir* by *oso ve'es bno* that שחיטה שאינה ראויה is called *shechita*, is called *shechita*, ושנהו בלשון חכמים, and established that as the position ultimately again of the *Chachamim*. 24:43 *Rashi* says *kedisnan* in other words, I think I reversed it. 24:46 He took the position of of *Rabbi Meir* of *Rabbi Meir* by *oso ve'es bno* and ultimately made it the position of the *Chachamim*. 24:54 Good. *kedisnan* where *Rabbi Shimon* *poteir* and *Chachamim mechayvin*. 24:57 Good. So all the *Gemara*'s pointing out over here is that *halacha lema'aseh*. 25:00 Rebbi, Rebbi the codifier of the Mishnah aligned the positions, he went ahead and he attributed. 25:07 In general, whenever you see Chachamim in the Mishnah, what does Chachamim mean? 25:11 Chachamim is Rebbi's way of saying this is the majority opinion in halacha. 25:16 So therefore again, Rebbi went ahead according to the Gemara over here, Rebbi went ahead and took the position ultimately again of Rabbi Meir by oso ve'es bno that שחיטה שאינה ראויה שמה שחיטה. 25:28 Therefore again there's liability, and ultimately taught it as the position of the Chachamim, and he took the position ultimately again of Rabbi Shimon by kisuy hadam and made it the lashon of the Chachamim as well. 25:38 מאי טעמא דרבי יוסי בר אותו ואת בנו? So let's analyze this. 25:40 Now you can just that that's just an interesting alignment discussion. 25:44 מאי טעמא דרבי מאיר by oso ve'es bno? So what's Rabbi Meir's logic when it comes to oso ve'es bno? 25:49 Remember again, Rabbi Meir holds that שחיטה שאינה ראויה שמה שחיטה by oso ve'es bno. 25:54 What's his logic? אמר רבי יהושע בן לוי גמר שחיטה שחיטה משחוטי חוץ. 25:59 Very simple. There's a gezeira shava of sh'chita sh'chita from sh'chutei chutz. Sh'chutei chutz means the prohibition to shacht sacrificial animals outside of the Beis Hamikdash. 26:09 מה התם שחיטה שאינה ראויה שמה שחיטה. And again, folks remember again, by sh'chutei chutz, שחיטה שאינה ראויה has to be sh'chita. 26:18 How do I know that? 26:19 How do I know that? 26:20 Because otherwise there's no liability, right? 26:22 Remember again, the only time you're chayav for shachting a karban outside of the Beis Hamikdash is if you perform an act of sh'chita. 26:29 Now that's a classic example of שחיטה שאינה ראויה. 26:32 Why? Because halacha lema'aseh what's the status of the animal if you shacht a karban outside of the Beis Hamikdash? 26:36 What's the halacha? It's assur bahana'ah. 26:39 You can't do anything with it. 26:40 You can't do anything with it. 26:41 So that's a שחיטה שאינה ראויה yet obviously it's called a sh'chita because there's liability. 26:45 אף הכא נמי שחיטה שאינה ראויה שמה שחיטה. So too Rabbi Meir will say over here, שחיטה שאינה ראויה ultimately again is also going to be a sh'chita. 26:54 Okay, incredible, incredible. Rabbi Shimon mai ta'ama? 26:58 What's Rabbi Shimon's logic? Why does Rabbi Shimon say שחיטה שאינה ראויה ultimately again לא שמה שחיטה? אמר רבי מני בר פטיש, we're over the side, top of the top, first wide line. 27:07 גמר מטבוח טבח והכן. So this is very interesting. 27:12 This is a fascinating limud. Rabbi Shimon holds like this. 27:15 Rabbi Shimon holds that the words veshachat and tovach are interchangeable. 27:20 They both mean the same thing. 27:21 So this is actually a pasuk by Yosef. 27:23 By Yosef when he was preparing the meal for his brothers. 27:27 So the pasuk says וירא יוסף אתם את בנימין ויאמר לאשר על ביתו הבא את האנשים הביתה וטבח טבח והכן. 27:39 Slaughter for them, slaughter for them and prepare a meal for them. 27:43 מה להלן שחיטה ראויה. Just like by Yosef ultimately again tovach means a sh'chita which produces something which is consumable. 27:56 אף כאן שחיטה ראויה. And therefore only a sh'chita which produces something which can be eaten is actually called a sh'chita. 28:03 Incredible. Incredible. רבי מאיר נמי ליגמר מטבוח? So Rabbi Meir, Rabbi Meir why so again folks this is the fundamental machlokes. Rabbi Meir holding שחיטה שאינה ראויה שמה שחיטה based on sh'chutei chutz and Rabbi Shimon holding that שחיטה שאינה ראויה is not called a sh'chita based on the gezeira shava of utvach veshachat ultimately again from Yosef. 28:23 רבי מאיר נמי ליגמר מטבוח? Why doesn't Rabbi Meir agree with Rabbi Shimon's limud and learn it out from Yosef? 28:30 This is very interesting. 28:31 דנין שחיטה משחיטה ואין דנין שחיטה מטביחה. Because again Rabbi Meir says that's not a kal vachomer, it's a different word. 28:37 It's not a gezeira shava, it's a different word. 28:38 We should learn out sh'chita from sh'chita and not learn out sh'chita from tivicha. 28:44 So the Gemara says but why? 28:45 Mai nafqami? Folks we always come back to this. 28:47 This surfaces I think in every single masechta. 28:50 So the Gemara says mai nafqami? 28:51 Now again, you're saying that you need the same words in order to make a gezeira shava. 28:56 That's not true. התנא דבי רבי ישמעאל ושב הכהן ובא הכהן זו היא ישיבה זו היא ביאה. 29:02 Ultimately again folks remember again the classic example of this that you don't need this is the halacha lema'aseh by tzara'as habayis. 29:08 The Torah equates ultimately the time that the kohen comes the first time as well as the kohen the process when the kohen comes the first time to when the kohen makes the follow-up visit. 29:18 How do we know to equate those two processes? 29:21 In other words, it's the same process of scraping away the stones, anything that has the tzara'as on it. 29:25 How do I know to equate the first visit with the follow-up visit? 29:29 Because it says ושב הכהן ובא הכהן. 29:33 The kohen will come and the kohen will return. 29:36 So what do you see from here? 29:37 You're making gezeira shava even though what? 29:39 It's not the same word. 29:41 So from here we see that halacha lema'aseh you don't need the same word in order to make a gezeira shava. 29:46 If that's the case, gezeira shava of sh'chita and tivicha should work just fine. 29:50 So the Gemara says you're right. 29:51 However, הני מילי היכא דליכא דדמי ליה אבל היכא דאיכא דדמי ליה מדמי ליה. That's when you don't have the same word. 29:57 But if there is a same word... 30:01 You're right. You're right. 30:02 When you don't have exact words you can learn out gzera shava from the similar words. 30:07 But when you have the exact word that's halacha lemayse what you use. 30:11 So therefore again over here when I have a choice between gzera shava of shchita shchita to shchutei chutz or gzera shava of shchita tvicha to Yosef I'm going to go with shchutei chutz because that's an exact word. 30:23 For Rabbi Shimon nami ligmar mishchutei chutz. Rabbi Shimon who holds that shchita sheino ruyu is lav shmei shchita. 30:29 What? Why not learn it out from Yosef? Rabbi Shimon holds shchita sheino ruyu is lav shmei shchita. 30:33 Why not learn it out from shchutei chutz like Rabbi Meir? 30:34 So very interesting, don chulin mechulin ואין דן חולין מקדשים. 30:38 So that's an interesting answer because he says again we learn out chulin from chulin but not chulin from kodshim. 30:44 Okay which makes sense, makes sense. 30:45 For Rabbi Meir אטו אותו ואת בנו bikodshim mi lo nohag? 30:49 For Rabbi Meir is that to say that oso ve-es bno doesn't apply by kodshim? 30:54 היינו דקאמר רבי חייא. This is Rabbi Chiya mentioned before. 30:56 ראה רבי דבריו של רבי מאיר באותו ואת בנו veshono belashon chachamim. This is what we said before that Rebbi saw the position of Rabbi Meir by oso ve-es bno and taught it in in the name of the chachamim. 31:08 מאי טעמיה דרבי מאיר בכיסוי הדם? What's Rabbi Meir's logic by kisui hadam? 31:12 אמר רבי שמעון בן לקיש גמר שפיכה שפיכה משחוטי חוץ. He learns out a gzera shava of shficha shficha from shchutei chutz. 31:20 מה להלן שחיטה שאינה ראויה שמה שחיטה just like before we saw that a shchita she-eina ruyu ultimately again is called a shchita, אף כאן שחיטה שאינה ראויה שמה שחיטה. 31:31 Just so over right just like by oso ve-es bno shchita she-eina ruyu is a shchita, so too by kisui hadam shchita she-eina ruyu is also called a shchita. 31:39 But Rabbi Shimon, asher ye'achel ktiv. The pasuk says explicitly that that which you will eat which indicates to us only a shchita which produces something which is consumable is a shchita. Rabbi Meir, what does Rabbi Meir do with asher ye'achel? Rabbi Meir ההוא למעוטי עוף טמא הוא דאתא. 31:55 That comes to exclude a of tamei. 31:58 That if you shecht a of tamei ultimately again there's no mitzvah of kisui. Gemara says Rabbi Shimon, delav bar achila. 32:04 טריפה נמי לאו בר אכילה. Rabbi Shimon will say yeah you're right. 32:10 If you shecht a of tamei ultimately you don't do kisui. 32:13 Why not? Because you can't eat it. 32:15 Guess what else you can't eat? 32:16 A treifa. So you see from here that a shchita she-eina ruyu which produces something that you cannot eat does not generate a mitzvah of kisui. Vehaynu de-Rabbi Chiya ראה רבי דבריו של רבי שמעון בכיסוי הדם ושנאה בלשון חכמים. 32:29 And this is what Rabbi Chiya mentioned when he said that Rebbi saw the position of Rabbi Shimon by kisui hadam and ultimately taught it in the lashon of chachamim. Amar Rabbi Abba aynd bais amud beis. 32:38 So again rabosai. So therefore what we are left with over here is again our fundamental machlokes. 32:43 And this is an ongoing machlokes for which we will need resolution. 32:47 And this is a yesodistik machlokes. 32:49 What is the definition of shchita? 32:53 Is shchita simply a mechanistic act done ke-halacha? 32:57 Remember again you have to shecht the majority of two simanim or the majority of rov siman by a bird or is shchita a mechanistic act which results in the ability to consume the animal being shechted? 33:09 That's the fundamental machlokes Rabbi Meir and Rabbi Shimon or in our mishna Rabbi Meir and the chachamim. 33:14 So now the Gemara just says by the way, by the way, Rabbi Abba says, לא לכל אמר רבי מאיר שחיטה שאינה ראויה שמה שחיטה. 33:22 So the Gemara says by the way just so you understand Rabbi Meir, Rabbi Meir did not go ahead and say that in all cases שחיטה שאינה ראויה שמה שחיטה. 33:33 In other words we're going to see now this is not like a blanket statement that applies in all cases. 33:37 For example, for example, מודה רבי מאיר שאין מתירה באכילה. 33:42 For example, even though Rabbi Meir holds shchita she-eina ruyu shmo shchita, it doesn't apply across the board. 33:48 What's the proof to that? 33:49 The proof to that is that if you go ahead and you shecht an animal correctly but there's something else that stands in the way of the animal's kosher status, the shchita even though mechanistically correct does not allow for consumption. 34:03 Furthermore, ולא לכל אמר רבי שמעון שחיטה שאינה ראויה לא שמה שחיטה. And for example even Rabbi Shimon who holds שחיטה שאינה ראויה לא שמה שחיטה, that does not mean that the shchita is meaningless. 34:15 There are still situations in which the shchita does have a positive impact. 34:19 For example, מודה רבי שמעון שמטהרתה מידי נבילה. So this is very interesting even though Rabbi Shimon holds that shchita she-eina ruyu is not shchita, even Rabbi Shimon will agree that that shchita absolutely still has some positive byproducts. 34:35 For example, if you shecht an animal even though the shchita does not allow you to consume it, it will prevent it from becoming a neveila. 34:43 And that's big stuff right because remember again neveila conveys tumah. Amar mar. 34:47 So now let's let's unpack those statements. 34:48 לא לכל אמר רבי מאיר שחיטה שאינה ראויה שמה שחיטה מודה רבי מאיר שאין מתירה באכילה. So again rabosai remember again we said even though Rabbi Meir holds that shchita she-eina ruyu is ultimately again not shchitah, even Rabbi Meir will agree, I'm sorry, just the opposite. 35:06 Even Rabbi Meir said that shchitah she'eina re'uyah is a shchitah, even he agrees that that does not work across the board, so for example, it will still not allow consumption. 35:17 The Gemara says, pshita, obviously it's not going to allow consumption. 35:21 טריפה בשחיטה מי משתריא? Oh, so of course it won't allow consumption. 35:26 Remember again what are we talking about over here? 35:28 We're talking about a situation where ultimately again halacha l'maaseh you're shechting a treifah or you're shechting an animal for avodah zarah or you're shechting it for a whole variety of... 35:36 of course what's the hava amina? 35:39 Of course in other words when Rabbi Meir says שחיטה שאינה ראויה שמה שחיטה, it is obvious that he does not mean to say that if shchitah's mechanistically correct, it will permit consumption no matter what other status devolves upon the animal. 35:53 To which the Gemara says, pshita, טריפה בשחיטה מי משתריא? 35:57 Is a treifah animal permitted with shchitah? 35:59 Of course not. To which the Gemara said, לא לצרכא לשוחט את הטריפה ומצא בה בן תשע חי. 36:06 Okay, so rabosai, this is fascinating. 36:09 We actually referenced this by our Ben Pakoah sugya. 36:12 What about the following situation? 36:14 So rabosai imagine the following case. 36:15 I'm shechting an animal, the animal's a treifah. 36:17 The animal's a treifah. 36:18 Now by the way, whether I knew it was a treifah at the outset or whether I just... 36:22 I discover that it's a treifah and what have you, so I do a proper shchitah on the mother and then it turns out that there is a living nine-month-old fetus inside of the mother. 36:31 So watch this. So I would have thought, well what would I have thought? 36:34 So hava amina, now rabosai and remember again, so hava amina I would have thought, הואיל דאמר רבי מאיר שחיטה שאינה ראויה שמה שחיטה, I would have thought like this. 36:44 Since Rabbi Meir holds that shchitah she'eina re'uyah is shma shchitah, I would have thought like this. 36:50 Now does it work for the mother? 36:51 Does the shchitah work for the mother? 36:52 No. Why not? She's a treifah. 36:55 But at least תהני ליה שחיטת אמו ולא ליבעי שחיטה. 36:59 I would have thought like this. 37:01 I would have thought granted that the shchitah does not work for the mother. 37:04 Okay, that I know. 37:05 But I would have said that the shchitah should work for the baby, should work for the fetus, right? 37:10 Again because remember, Rabbi Meir is the one who holds שחיטה שאינה ראויה שמה שחיטה, shma shchitah. 37:18 So okay, so in other words, I would have thought that even though it does not work for the mother, it should work for the fetus. 37:24 Kamashma lan no. Kamashma lan that it does not. 37:26 That again the halacha l'maaseh which rabosai, this goes back remember again to an ikkar halacha in Ben Pakoah which is the fetus is permitted with the shchitah of the mother as long as what? 37:36 As long as what? 37:37 As long as the mother is permitted with the shchitah of the mother, right? 37:39 In other words, but it's a good hava amina, but it's a good hava amina. 37:41 Again, I would have thought that if you hold שחיטה שאינה ראויה שמה שחיטה that even in a case where the shchitah can't work for the mother because she's a treifah, but it should work for the fetus. 37:53 Kamashma lan that even according to Rabbi Meir that it does not. 37:56 The svara, wait a second, hold up. 37:58 והא אמר רבי מאיר בן פקוע טעון שחיטה. But wait a second, Rabbi Meir holds rabosai, remember again we have this in the mishna, Rabbi Meir holds that a fully formed nine-month-old fetus requires shchitah. 38:10 Right? Again, not to be confused with Rabbi Shimon Shezuri, right? 38:14 I'm sorry, with the Chachamim. 38:15 The Chachamim hold that once a fetus walks it requires shchitah, that's a maris ayin thing. 38:19 This is different. Rabbi Meir holds that once the fetus is fully viable on its own, in other words as a nine-month-old fetus fully viable on its own, it needs shchitah. 38:27 So that's Rabbi Meir's position anyway. 38:29 So of course... what are you talking about? 38:31 I would have thought Rabbi Meir would have thought... 38:32 I would have... Rabbi Meir would have held that even if the mother's a shchitah that the fully formed fetus should be permitted with the shchitah of the mother? 38:39 Rabbi Meir holds that a fully formed fetus already needs its own shchitah. Lo tzricha... 38:44 watch this. דרבי סבר לה כרבי מאיר וסבר לה כרבנן. Now again rabosai remember again, the mishna's codified by Rebbi. Rebbi's getting a lot of time in today's daf. Rebbi, when Rebbi established the mishna, Rebbi often held like different opinions and established the mishna in accordance with varying opinions. 39:01 So the Gemara says like this, Rebbi holds like Rabbi Meir and he holds like the Rabbanan. 39:05 How so? סבר לה כרבי מאיר דאמר שחיטה שאינה ראויה שמה שחיטה. On one hand, hence he holds like Rabbi Meir that shchitah she'eina re'uyah is a shchitah, is a bona fide shchitah. 39:16 But however, וסבר לה כרבנן דאמר שחיטת אמו מטהרתו. But he holds like the Rabbanan that halacha l'maaseh even with a fully formed fetus, halacha l'maaseh, halacha l'maaseh the shchitah of the mother permits the fetus. 39:30 So Rebbi goes ahead, Rebbi goes ahead and ultimately, Rebbi goes ahead and halacha l'maaseh goes ahead and holds like these two different opinions. 39:39 Again rabosai just also a tremendous... 39:41 a tremendous... well let's finish up. 39:43 Keivan d'... let me just say this now. 39:44 A tremendous mussar. So rabosai, one of the most beautiful things in Yiddishkeit, Yiddishkeit is like a smorgasbord. 39:52 It's like a smorgasbord. 39:53 There is so many beautiful things, and that's why a person doesn't have to pigeonhole themselves and say... 40:01 you know, I'm in this camp or I'm in that camp or this, it's okay, there's a lot to be taken from a lot of different camps in klal yisrael. 40:10 A yid has to be a chasid in his heart but maybe he learns, you know, like I don't know, like a, like a brisker. 40:16 You know, there's there are different there are different things a person needs to take, obviously all within the camp of a proper torah hashkafa, but lema'aseh there's a beautiful smorgasbord, there's a beautiful variety that's out there. 40:28 So take advantage, take advantage. 40:29 You don't have to go ahead and pigeonhole yourself with a narrow definition of your hashkafas hachaim. 40:35 Take from the beautiful plethora of magnificent spiritual treasure that is before us, that's what rebbe did, right? 40:41 Rebbe took an opinion from here, rebbe now now don't do that in your let me clarify, right? 40:46 Don't do that in your halachic performance, that's that's that's confusing. 40:51 But in, but in your beautiful spiritual experiences, there's so much to be taken from different aspects of yiddishkeit. 40:57 Incredible. The gemara says כיון דאמרי רבנן שחיטת אמו מטהרתו so since the rabbonan said that ultimately again the shechita of the mother ultimately again permits the offspring דהויא לה שחיטת אמו ולא ליהוי שחיטה. 41:08 I would have thought even if the mother's a treifa, even if the mother's a treifa, the halacha lema'aseh the shechita of the mother should permit the offspring ka mashma lan no. 41:17 So rabosai this is really important. 41:19 See even though rabbi meir holds, even though rabbi meir holds, that שחיטה שאינה ראויה שמה שחיטה and even though the rabbonan hold that the shechita of the mother permits even a fully formed nine month old fetus, if the mother is a treifa, everyone is agreeing that 41:36 does not permit the baby. 41:38 So the baby ultimately again will need its own shechita. V'lo lakol, that's what it means when it says that even rabbi meir who holds שחיטה שאינה ראויה שמה שחיטה he didn't apply that in all cases. 41:49 Okay, one more, one more piece. 41:50 ולא לכל אמר רבי שמעון שחיטה שאינה ראויה לאו שמה שחיטה. Even rabbi shimon, rabbi shimon holds shechita she'eina re'uya is not called shechita, he didn't hold that across the board either. 41:59 Modei rabbi shimon for example shemita'araso miydei neveila that rabosai if you go ahead and you shacht an animal even though it does not result in that right rabbi shimon holds shechita she'eina re'uya is not shechita, that even though again a shechita that does not result in something 42:13 that is consumable is not a proper shechita, but even rabbi shimon will agree that halacha lema'aseh it takes away neveila status, takes away the neveila status. 42:20 So peshita the gemara says that's obvious דאמר רב יהודה אמר רב ואמרי לה במתניתא תנא וכי ימות מן הבהמה Torah says וכי ימות מן הבהמה now interestingly enough it says if from amongst the animal will die. 42:34 So the gemara says מקצת בהמה מטמאה ומקצת בהמה אינה מטמאה some animals convey tuma and some animals don't convey tuma. Ve'eizo zu, what's an example of an animal that doesn't convey tuma? Zu treifa sheshachto. 42:47 This refers to a treifa animal which was shachted. 42:50 Even though the animal is a treifa, if it had proper shechita, the proper shechita of course does not make it fit for consumption, but the proper shechita absolutely allows it to be removed from the category of neveila. 43:01 So the gemara says לא צריכה לשוחט את הטרפה וחולין בעזרה. 43:05 Oh, this is interesting. 43:07 What happens if halacha lema'aseh you shachted a treifa but the treifa is chulin ba'azarah? 43:14 Unconsecrated animal being being shachted in the precincts of a beis hamikdash דתניא השוחט את הטרפה וכן השוחט ונמצאת טרפה זה וזה חולין בעזרה. 43:22 So again rabosai, if you shacht a treifa, an animal that you knew that was a treifa from the beginning, or you shachted an animal it turned out to be a treifa, and this was chulin ba'azarah. 43:31 Now normally what's the halacha? 43:33 If you shacht chulin ba'azarah what's the halacha? 43:35 The animal is assur behana'ah. 43:37 What happens if it turns out that the animal was a treifa? 43:39 What happens? Rabbi shimon matir behana'ah, rabbi shimon says it's muttar behana'ah because again since it's a treifa it doesn't even have the status of chulin ba'azarah and the chachamim ultimately again that it's still assur. Salakta da'atach amina I would have thought הא ואמר רבי שמעון מותר בהנאה since rabbi shimon holds that it's muttar behana'ah, what does 43:56 that mean? Alma lav shechita hi because rabbi shimon holds שחיטה שאינה ראויה לאו שמה שחיטה. 44:02 Therefore since the animal was a treifa, it's not even called chulin ba'azarah. 44:06 I would have thought therefore אימא מדין נבלה נמי לא מטהרה. 44:09 I would have thought that again since it's clearly shechita she'eina re'uya and therefore again rabosai that's why it's not even considered to be chulin ba'azarah, I would have thought therefore again it must be that it's a neveila, that the shechita's so irrelevant that 44:22 it doesn't even remove the neveila status, ka mashma lan no, ka mashma lan that halacha lema'aseh not true, ka mashma lan that even though rabbi shimon will hold shechita she'eina re'uya is lav shema shechita and therefore as a result of that halacha lema'aseh if you shacht a treifa in the confines of the 44:36 beis hamikdash your act it's actually not assur behana'ah because it's not called shechita therefore it's not called shechting chulin ba'azarah, you might have thought that therefore the shechita's so irrelevant that it doesn't even remove the neveila status, ka mashma lan that it does. 44:48 That even rabbi shimon who holds that halacha lema'aseh שחיטה שאינה ראויה לאו שמה שחיטה will agree that that shechita is at least valid enough to remove the neveila status. 44:59 Gevalt rabosai, we'll stop over here, a little bit mid-topic. 45:00 Alright rabotai, we'll stop over here, want to run, shkoiach, shkoiach everyone. 45:04 Incredible. Alright everyone on Zoom, have a great shabbos, shabbos everyone. 45:11 Beautiful Shabbos Nachamu.
Expand transcript 8,398 words
