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Chulin 41

CHULIN 41-43 - sponsored by Dr. Lindsay A. Rosenwald of Lawrence NY, in honor of his father, David ben Aharon ha'Levy Rosenwald of blessed memory.

1) [line 1] ZEVACH - an animal sacrifice

2) [line 7] HA'METAMEI - one who makes Taharos (ritually pure objects) Temei'im (ritually impure) (THE DIFFERENT LEVELS OF TUM'AH)
(a) All objects belong to one of three categories:

  1. Sources of Tum'ah
  2. Objects that can become Tamei
  3. Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah."
(c) When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. (Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)
(d) A Sheni L'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan, there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah, however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.)
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. It is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is also called "Pasul."

3) [line 7] HA'MEDAME'A (One who mixes Terumah into Chulin)
at least 100 parts of Chulin. Even if the Terumah is Batel, it is forbidden for non-Kohanim to eat the entire mixture; the equivalent of the amount of Terumah that fell in must first be removed.
(b) If the percentage of Terumah that fell into the Chulin was greater than one in one hundred, the mixture is known as *Meduma* (lit. mixed) and is forbidden to be eaten by non-Kohanim.
(c) According to TOSFOS to Chulin 99a DH Ein, this law applies only if the Terumah was the same type of food as the Chulin; otherwise Terumah is Batel just like any other Isur.

4) [line 8] HA'MENASECH (YAYIN NESECH)
(a) Wine that was poured as an idolatrous libation is Asur b'Hana'ah. This is derived from the verse, "Asher Chelev Zevacheimo Yochelu, Yishtu *Yein Nesicham*" - "Those who ate the fat of their sacrifices, and drank the wine of their drink-offerings" (Devarim 32:38), which compares the wine of libations to an animal sacrificed for idolatrous purposes.
(b) The Chachamim prohibited the wine of a Nochri that was *not* poured as a libation ("Stam Yeinam") out of fear that drinking wine together would lead to intermarriage. In order to avoid confusion between Yayin Nesech and Stam Yeinam, the Chachamim instituted that Stam Yeinam is also Asur b'Hana'ah (one of the "Eighteen Decrees" -- Shabbos17b). Although this is only an Isur mid'Rabanan, it is a very severe prohibition (see Chochmas Adam 75:1).

5a) [line 8] B'SHOGEG PATUR - if he does these actions unintentionally, he is exempt from payment (e.g. He may not have known that the produce was Terumah; he did not know that wine becomes prohibited after it is poured as a libation in this manner; he thought the produce or the wine belonged to him -- RASHI. He is exempt because the damage he caused is Hezek she'Eino Nikar, non-physical damage.)
b) [line 8] B'MEZID CHAYAV - if he does these actions intentionally, he is liable to pay (because of a Kenas, penalty, mid'Rabanan, even though it is Hezek she'Eino Nikar)

6) [line 10] SHE'NISECH - (lit. one who pours an idolatrous libation) one who shakes his fingers in the wine for idolatrous purposes (RASHI)

7) [line 14] LO KOL HEIMANACH SHE'TE'ESOR YEINI L'ONSI - you do not have the legal power (lit. not everything is from you) to prohibit my wine against my will

8) [line 17] KUSI - a Nochri (the word "Kusi" is an emendation of the censors)
9) [line 21] B'YISRAEL MUMAR - a Jewish apostate

10a) [line 24] HISRU BO V'KIBEL ALAV HASRA'AH - if witnesses warned him and he acknowledged the warning (HASRA'AH)
(a) If a person transgresses a Lav for which the punishment is the death penalty or lashes, he can only be put to death or lashed if he has been given a proper Hasra'ah (warning). The witnesses to the sin or others in the presence of the witnesses administer the warning. The warning must be, "Abstain, because this action is prohibited and you will be punished with the death penalty (or with lashes) for doing it," or something to that effect. The warning must specifically name the Lav or Av Melachah that the person is about to transgress.
(b) In addition, in order to be punished, the sinner must state explicitly that he accepts upon himself the possibility that he will be punished if he sins. For example, if the sinner is warned that he will receive the death penalty, he must state, "Al Menas Ken Ani Oseh" - "I am transgressing with the intention that I be killed for my sin." If he merely remains silent, nods his head or even states, "I know," he is not punished with death or Malkus mid'Oraisa (RAMBAM Hilchos Sanhedrin 12:2). The Rambam writes (ibid. 18:5) that in these cases, he is, however, lashed with Malkus mid'Rabanan.

11) [line 25] "HITIR ATZMO L'MISAH" KA'AMARAT? - Are you referring to a case of "He permits himself to be killed?" (That is, when the witnesses informed him that he will receive the death penalty if he commits the act, and he says, "I accept your warning and I am doing the act knowing that I will be killed for it.")

12) [line 28] UGAH SHEL MAYIM - circular ditches for holding water, dug around the base of a tree or grapevine

13) [line 29] GUMA - a ditch (the practice of the idolaters was to slaughter animals such that the blood would collect into a ditch)
14) [last line] SHUK - the marketplace
15) [last line] SHE'LO YECHAKEH ES HA'TZEDUKIM - so that he should not imitate the idolaters (the word "Tzedukim" is an emendation of the censors)

41b---------------------------------------41b

16) [line 4] BAVU'AH - his image [that is reflected in the water]
17) [line 5] ACHURIM - cloudy
18) [line 11] L'NAKER CHATZERO - to clean his courtyard; to keep his courtyard free of blood

19) [line 11] OSEH MAKOM CHUTZ LA'GUMA - he makes a small groove [in the dirt] removed from the blood-collection ditch (RASHI)

20) [line 12] V'DAM SHOSES V'YORED - and the blood flows and falls into [the ditch]

21) [line 17] DOFNEI HA'SEFINAH - the sides of the boat (i.e. not directly into the water)

22) [line 21] "UV'CHUKOSEIHEM LO SELECHU" - "[After the doings of the land of Egypt, where you dwelt, you shall not do; and after the doings of the land of Kena'an, where I am bringing you, you shall not do;] nor shall you walk in their ordinances." (Vayikra 18:3) - This verse includes a general prohibition against imitating the actions of the idolaters or the Nochrim.

23) [line 21] TZARICH BEDIKAH ACHARAV - we need to check into his status (whether he is a secret idolater)

24) [line 23] ZEVACHIM - Korbenos Shelamim (KORBAN SHELAMIM)
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice (Olas Nedavah), as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) Korbenos Shelamim that are offered by an individual may be brought from male or female sheep, cows or goats. They are Kodshim Kalim, and may therefore be slaughtered in the entire Azarah (and not only in its northern part). Before its slaughter, the owner presses his hands on the head of the animal (Semichah). The blood of the Shelamim is cast on the northeastern and southwestern corners of the Mizbe'ach (Shenayim she'Hen Arba). Nesachim (a flour offering consisting of flour and oil and a wine libation) are brought as part of the Korban (Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwestern corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine needed depends upon the animal offered, as specified in Bamidbar (ibid.).
(c) The Chazeh (breast) and Shok (right hind thigh) of the Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other parts of the Korban ("Eimurim,") were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10, 14-15). The Eimurim consist of: 1. the layer of fat covering the stomachs; 2. all other fat attached to the stomachs; 3. the two kidneys; 4. the fat on the kidneys; 5. The Yoseres, which is either the diaphragm (RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4).
(d) The owner and his guests (men or women) eat the rest of the Korban inside the borders of the city of Yerushalayim. The meat may be cooked in any fashion and is eaten for two days and the intervening night.

25) [line 23] ASHAM TALUY
(a) If a person is in doubt whether or not he committed a transgression for which he must bring a Korban Chatas, he temporarily brings a Korban Asham Taluy, which is a ram worth two Sela'im (Vayikra 5:17-19). If he later discovers that he did indeed sin, he must offer a Korban Chatas; the Asham Taluy only provides temporary atonement during the period of doubt.
(b) Certain Tana'im, including Isi ben Yehudah, rule that a person is only obligated to bring an Asham Taluy if there are "two pieces, one of which was eaten" (Chatichah mi'Shtei Chatichos). For example, if a person ate one out of two pieces of fat, where one was Shuman (permitted fat) and the other was Chelev (forbidden fat), and he later found out that he may have eaten the forbidden piece, he has to bring an Asham Taluy. If he has a doubt whether one piece of fat that he ate was Shuman or Chelev, he does not bring an Asham Taluy. Other Tana'im, including Rebbi Akiva, rule that even in the latter case he brings an Asham Taluy.

26) [line 23] PESACH
(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah (Shemos 12:6), "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." The Pesach is a male lamb or goat within its first year.
(b) An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.
(c) In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places -- Pesachim 86a.)
(d) If the person who slaughters the Pesach, the Kohen who casts the blood on the Mizbe'ach, the Kohen who burns the Eimurim on the Mizbe'ach or one of the people of the Chaburah have one k'Zayis or more of Chametz in their possession at the time that the Pesach is slaughtered, they have transgressed the prohibition from the verse, "Lo Sishchat *Al* Chametz Dam Zivchi" (Shemos 34:25). The sacrifice itself is Kosher but the person is liable to Malkus if he received the proper warning (Pesachim 63a, RAMBAM Hilchos Korban Pesach 1:5).

27) [line 24] TODAH (KORBAN TODAH: 4 MINEI LECHEM)
(a) The Todah (thanksgiving offering) is a form of Shelamim that is eaten for only one day and one night (Vayikra 7:15). Korbenos Shelamim that are offered by an individual may be brought from male or female sheep, cows or goats. They are Kodshim Kalim, and may therefore be slaughtered in the entire Azarah (and not only in its northern part). Before its slaughter, the owner presses his hands on the head of the animal (Semichah). The blood of the Todah is cast on the northeastern and southwestern corners of the Mizbe'ach ("Shenayim she'Hen Arba"). Nesachim (a flour offering consisting of flour and oil and a wine libation) are brought as part of the Korban (Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwest corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine needed depends upon the animal offered, as specified in Bamidbar (ibid.). (b) An animal that was sacrificed as a Todah was brought together with forty loaves of bread, ten each of the following:

  1. Chalos Matzos - Matzos mixed with oil;
  2. Rekikin - flat Matzos saturated with oil;
  3. Soles Murbeches - Matzos made of boiled flour mixed with oil;
  4. Loaves of leavened bread. (Vayikra 7:12-13)
(c) One loaf of each type of bread was given to the Kohen who performed the Zerikas ha'Dam of the Todah (Vayikra 7:14). (These four loaves were known as *Terumas Lachmei Todah*.) The Chazeh (breast) and Shok (thigh) of the Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other parts of the Korban were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10, 14-15). The owner and his guests (men or women) eat the rest of the Korban inside the borders of the city of Yerushalayim. The meat may be cooked in any fashion and is eaten on the day that it is slaughtered and the following night.

28) [line 26] ASHAM VADAI
(a) The Torah specifies five cases where the Korban Asham Vadai is brought. The animal offered is usually a ram that costs at least two Sela'im. The first three involve transgressions:

1. ASHAM ME'ILOS: a person who has benefit from Hekdesh b'Shogeg must bring a Korban Asham, besides paying the amount he benefited plus a fine of Chomesh (Vayikra 5:14-16; see Background to Menachos 95:40).
2. ASHAM GEZEILOS: a person who steals money from a fellow Jew, swears in Beis Din that he holds no such money and later admits his sin, must return what he stole, pay a fine of Chomesh, and bring a Korban Asham to receive atonement (Vayikra 5:20-26).
3. ASHAM SHIFCHAH CHARUFAH: a person who has relations with a Shifchah Charufah (e.g. a slave who was owned by two partners, and freed by one of them, who is betrothed to a Jewish slave) must bring a Korban Asham, whether he did the sin b'Mezid or b'Shogeg (Vayikra 19:20-22; see Background to Gitin 43:12).
4. ASHAM NAZIR: this Korban (a sheep within its first year) is brought by a Nazir who becomes Tamei during his period of Nezirus (Bamidbar 6:12; see below, entry #36).
5. ASHAM METZORA: this Korban (a sheep within its first year) is brought by a Metzora upon the completion of his Taharah process (Vayikra 14:12; see Background to Menachos 3:24e).

29) [line 26] BECHOR
(a) The Kedushah of Bechor rests on every first-born male of cattle, goats or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. Only a Mumcheh (an expert) has the authority to pronounce that a Bechor has a Mum (Bechoros 28a). After its blood and Eimurim (see Background to Menachos 47:8) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night.
(c) If the animal has or develops a Mum, it becomes the property of the Kohen. It must be slaughtered and eaten during its first year. If it develops a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.
(d) Intentionally inflicting a Mum in a Bechor is prohibited, as in all animals of Kodshim, as the verse states, "Tamim Yiheyeh l'Ratzon Kol Mum Lo Yiheyeh Vo" - "it shall be complete (unblemished) to find favor, no blemish shall be in it" (Vayikra 22:21). RASHI (to Menachos 56a DH Lo Yiheyeh and to Bechoros 33b DH Kol Mum) teaches that the intention of Chazal is that the verse is read, "Lo *Yehayeh* Vo" - "do not *cause* [a blemish] in it." A person who inflicts a blemish in an animal of Kodshim (or its Temurah, with the exception of the Temurah of a Bechor and Ma'aser Behemah,) receives Malkus. (See SEFER HA'CHINUCH #287.)
(e) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (SEFER HA'CHINUCH #393, #445).

30) [line 27] MA'ASER (MA'ASER BEHEMAH)
(a) Every year, a person must collect all of the Kosher animals that were born during that year into a corral. As they leave the corral through a narrow opening, one by one, the owner counts them and marks every tenth one as Ma'aser Behemah. The Mitzvah of Ma'aser Behemah is stated in Vayikra (27:32), "v'Chol Ma'asar Bakar va'Tzon, Kol Asher Ya'avor Tachas ha'Shavet, ha'Asiri Yiheyeh Kodesh la'Sh-m." - "And all of the herds and flocks shall be tithed as they are counted under the rod, every tenth one being consecrated to HaSh-m."
(b) Ma'aser Behemah is eaten by its owner. If it has no Mum (blemish or defect), it is offered as a Korban on the Mizbe'ach and eaten by its owner in Yerushalayim. If it has a Mum, the owner may slaughter and eat it anywhere.

31) [line 27] TEMURAH
(a) The Torah prohibits making a Temurah, which is a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushas ha'Guf of the Korban onto a replacement Korban. The verse states, "Do not transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The CHINUCH explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352). (For a definition of Kedushas ha'Guf as opposed to Kedushas Damim, see Background to Avodah Zarah 13:16:c-e.)
(b) For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]" or "Zo Temuras Zo" - "This is in place of this" or "Zo Chalifas Zo" - "This is in exchange for this." The second animal, or the Temurah, is *usually* a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkus (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkus (see Chart to Temurah 17a). (For a discussion of the difference between Temurah and Chilul (redemption), see Background to Bava Metzia 57:2.)

32) [line 30] MISNADEV ADAM ASHAM TALUY B'CHOL YOM - a person may offer an Asham Taluy every day (if he is worried that he has transgressed a sin for which he is liable to bring a Korban Chatas; see Mishnah Kerisus 25a)

33) [line 31] SHANI PESACH HO'IL V'HAFRASHASO KOL HA'SHANAH KULAH - the Korban Pesach is different, since a person can set it aside at any time during the year (see RASHI)

34) [line 33] ZIMNIN D'RAMI LEI MIDI A'MUMA - at times there is something that is covering the blemish

35) [line 37] AMUREI AMIR BEI - he has made a Temurah with it (the animal in his house)

36) [line 39] OLAS NAZIR (KORBAN NAZIR TAHOR)
(a) If a person makes a vow to become a Nazir without stipulating a time period, his or her Nezirus lasts for a period of thirty days. If the person stipulates a time period, his or her Nezirus lasts for whatever amount of time he stipulated. During this period, the Nazir is not allowed to 1. cut his hair; 2. become Tamei by touching or being in the same room as a corpse; or 3. consume any products of the grapevine (Bamidbar 6:1-21, SEFER HA'CHINUCH #377). Transgressing any one of these prohibitions makes the Nazir liable to Malkus, as long as he was warned beforehand.
(b) If an ordinary Nazir becomes Tamei through contact with or being in the same room as a corpse, on the third and seventh days he must be sprinkled with water that has the ashes of the Parah Adumah in it (see Background to Zevachim 93:5) to become Tahor. On the seventh day of his purification he shaves off the hair of his head. On the eighth day, he brings the sacrifices of a Nazir who becomes Tamei and begins counting anew the days of Nezirus that he accepted upon himself. The sacrifices he brings are two Torim (turtledoves) or two Benei Yonah (young common doves), one as a Chatas and one as an Olah. He must also bring a yearling sheep as an Asham. (These Korbanos and this shaving are in addition to the Korbanos and shaving that he, and every Nazir, brings upon the completion of his Nezirus.)
(c) When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18).

37) [line 39] HA LO NADAR - he has not made a vow of Nezirus
38) [line 40] NADAR B'TZIN'A - he made a vow of Nezirus privately

39) [line 40] OLAS YOLEDES
(a) In Vayikra 12:1-8 the Torah discusses the laws of Tum'ah and Taharah after childbirth. After a woman gives birth, she must wait for a certain amount of time before she can enter the Beis ha'Mikdash or eat Kodshim. That time period is divided into two stages: 1. During the initial stage, she has the status of a Nidah (even if she had not seen any blood). If she gave birth to a male, this lasts for seven days. If a female was born, this stage lasts for two weeks. At the end of this period, she may go to the Mikvah after nightfall. After she has gone to the Mikvah, she is permitted to eat Terumah, if she is the wife of a Kohen. 2. During the second stage, any blood that she sees does not give her the status of a Nidah as it normally would. The blood that she sees during this period is called Dam Tohar. Nevertheless, during this period, she may not eat Kodshim or enter the Beis ha'Mikdash. This lasts for thirty-three days for a male, and sixty-six days for a female. Thus, the total waiting period for a male is forty days and for a female, eighty days.
(b) At the end of the above two stages, the woman may eat Kodshim and enter the Azarah of the Beis ha'Mikdash only after she brings a Korban Yoledes. Until then she is a Mechuseres Kaparah (see Background to Menachos 27:34). Her Korban includes a male sheep as an Olah and a Tor (turtledove) or a Ben Yonah (common dove) as a Chatas. If she could not afford a sheep, she brings two Torim or two Benei Yonah, one as an Olah and one as a Chatas. (The current practice is to consider a woman a Nidah even during the period of Dam Tohar -- see Insights to Nidah 25a.)

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