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Chulin 114

***************************GIRSA SECTION*************************
We recommend using the textual changes suggested by the Bach and the
marginal notes of the Vilna Shas. This section is devoted to any *OTHER*
important corrections that Acharonim have pointed out in the Gemara, Rashi
and Tosfos

[1] Gemara 114a [line 17]:
The words "Mei Chalav *Eini* k'Chalav"
should be "Mei Chalav *Einan* k'Chalav"

[2] Gemara 114b [line 31]:
the words "la'Ger b'Nesinah vela'Oved Kochavim b'Mechirah"
Tosfos DH "k'Derech" cites Rashi to Pesachim 21b DH "Ad she'Yifrot Lecha
ha'Kasuv Bo" who suggests that these words should be removed from the
Gemara. (Tosfos agrees, but offers a possible explanation to accommodate the
Rishonim who do have this Girsa.)
*********************************************************************

1) [line 9] B'MEI CHALAV - in whey (but see the opinion of the ROSH, Insights to Chulin 114:1)

2a) [line 10] ATZAMOS - bones
b) [line 10] GIDIN - veins, sinews, nerves
c) [line 10] KARNAYIM - horns
d) [line 10] TELAFIM - hoofs

3) [line 11] PIGUL
(a) A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam -- see Background to Menachos 2:18) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified and must be burned.
(b) It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).

4) [line 11] NOSAR
(a) If any meat of a Korban remains after the time that was allotted for it to be eaten, it is termed "Nosar" and it must be burned. With regard to the Korban Pesach, the verse states "Do not leave any of it (i.e. the Korban Pesach) over until the morning. Anything that is left over until the morning must be burned in fire" (Shemos 12:10). The repetition of the phrase "until the morning" signals that the verse is referring to the mornings of two different days, and can be understood as follows: "Do not leave any of the Korban Pesach over until the morning (which is Yom Tov). If anything *is* left over, on the *following* morning (which is Chol ha'Moed), it must be burned."
(b) The Torah warns us four times not to allow the meat of a Korban to remain past the time during which it may be eaten, each of which is counted as an individual Mitzvah. The first three apply to specific Korbanos (Korban Pesach, in Shemos 12:10 and SEFER HA'CHINUCH Mitzvah #8; Korban Pesach Sheni, in Bamidbar 9:12 and Sefer ha'Chinuch Mitzvah #382; the Chagigah that is brought with the Pesach, in Devarim 16:4 and Sefer ha'Chinuch Mitzvah #486). The fourth time this prohibition is written is with regard to the Korban Todah (Vayikra 7:15 and 22:30), which serves as the source for the prohibition of leaving over meat from *any* Korban after the allotted time (Sefer ha'Chinuch Mitzvah #142). (The Minchas Chinuch 8:5 suggests that the latter Lav applies even to the three Korbanos for which the Isur of Nosar is written explicitly; however the Acharonim reject his suggestion based on the Gemara in Zevachim 36a.)

5) [line 15] MOCHAL - a watery secretion of olives

6) [line 16] LEHACHSHIR ES HA'ZERA'IM (HECHSHER OCHALIN)
(a) Foods may become Temei'im if they touch a source of Tum'ah only if they were wetted at some point in their history. Making foods wet in a manner that enables them to become Temei'im is called "Hechsher." From then on, even after they dry, they can become Temei'im. Wetting food with any of seven liquids: water, dew, oil, wine, milk, blood, and honey, can enable the food to become Tamei.
(b) The food can become Tamei only if the owner of the food was *pleased* that his food became wet. This is learned from the verse, "v'Chi Yutan Mayim Al Zera..." - "If water has been placed on seed and then the dead body [of a Sheretz] fell upon it, the seed is Tamei" (Vayikra 11:38). The word "Yutan" in the verse is written without a Vav, just like the word "Yiten" -- "he places." However, according to the Mesorah, it is read "Yutan" -- "it was placed." From this we learn that when water or other liquids fall on the food it is considered Hechsher only if their presence is desirable to the owner of the food (i.e. it is as though he himself applied them).
(c) It is necessary only for the owner to desire the liquid; he need not desire that the liquid come into contact with the food. That is, even if the owner desires the liquid for an entirely different purpose, if the liquid later comes into contact with food it will enable the food to become Tamei. On the other hand, if the owner only intended to dispose of the liquid, it does not enable the food to become Tamei, since only liquids that are significant can cause Hechsher. It is only considered "Ki Yiten" when the liquid falls upon an object, with the will of the owner, that is detached from the ground.

7) [line 20] HARBA'AH (KIL'AYIM: KIL'EI BEHEMAH)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Chulin 82:10), Kil'ei Zera'im (see below, entry #25) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see below), and Charishah b'Shor va'Chamor (see Background to Bava Metzia 90:34:c). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Harba'ah.
(b) Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkus (lashes). 1. Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).

8) [line 23] V'HA LAMAH LI KERA? HA ASYA LEI! - But why do I need a verse to learn this (that it is prohibited to cook meat in cow's milk or sheep's milk)? He (the Tana of the Beraisa) brought it (i.e. successfully taught it using a Kal va'Chomer -- see Background to Avodah Zarah 46:22)!

9) [line 24] ME'IKARA D'DINA PIRCHA - it is refutable from the beginning [of the Kal va'Chomer]

10) [line 25] NE'ESRAH IMO BI'SHECHITAH (OSO V'ES BENO)
(a) It is forbidden to slaughter a cow, female sheep or female goat and her offspring on the same day, as it states in Vayikra 22:28, "v'Shor O Seh, Oso v'Es Beno Lo Sishchatu b'Yom Echad."
(b) At certain times of year (as enumerated in the Mishnah Daf 83a), it is assumed that one who buys an animal buys it in order to slaughter it immediately and use its meat. Therefore, the seller must inform the buyer if he sold the animal's mother (or offspring) on that day, so that the buyer will not transgress the prohibition of slaughtering the offspring (or the mother) on the same day that the mother (or the offspring) was slaughtered.

11) [line 27] ACHOSO GEDOLAH - its older sister: (a) a cow (RASHI, 1st explanation); (b) a goat that was born in a previous year, where Ma'aser Behemah has already been separated from its flock (RASHI, 2nd explanation, citing RABEINU YOSEF TOV ELEM)

12) [line 28] SHE'NICHNESAH IMO LA'DIR L'HIS'ASER - which enters the corral with it in order for Ma'aser Behemah to be separated (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. After the blood and Eimurim (certain fats and organs of the Korban; see Background to Menachos 74:20) are offered on the Mizbe'ach, its meat is eaten by its owner in Yerushalayim during the following two days and the intervening night. An animal of Ma'aser Behemah may not be sold (Vayikra 27:33); however, if it has a Mum, the owner may slaughter and eat it anywhere.
(c) A majority of animals give birth within their first year. As such, it is common for an animal and its offspring to be gathered into the same corral when Ma'aser Behemah is separated. The Ma'aser Behemah of sheep and goats may be separated from a mixture of these animals, since they are mentioned collectively in the verse as "Tzon" - "flocks" (Vayikra ibid. and Devarim 14:23). The Ma'aser Behemah of cattle, however, must be separated distinctly from sheep or goats. (SEFER HA'CHINUCH #360-361)

13) [line 33] ACHOSO KETANAH - its younger sister: (a) a sheep (RASHI, 1st explanation); (b) a goat that was born in this year, where Ma'aser Behemah has not yet been separated from its flock (RASHI, 2nd explanation, citing RABEINU YOSEF TOV ELEM)

14) [line 33] ASYA MI'BEINAYA - it is learned from between them, i.e. from between its mother and its "older sister" (see above, entry #11)

15) [line 35] V'CHAZAR HA'DIN, LO RE'I ZEH KI'RE'I ZEH... HA'TZAD HA'SHAVEH SHE'BAHEN... - and the argument returns, this subject is not exactly like that subject... the common denominator between them... (TZAD HA'SHAVEH)
(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) If a Pirchah is asked, the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah usually follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is "v'Chazar ha'Din" - "the argument goes back and forth," "Lo Re'i Zeh k'Re'i Zeh" - "this subject is not exactly like that subject and vice versa," but the "Tzad ha'Shaveh" - "common denominator" may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them. The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

16) [line 38] ACHOSO GEDOLAH NAMI TEISEI MI'BEINAYA - its older sister, also, could be learned from between them, i.e. from between its mother and its "younger sister" (see above, entry #13)

114b---------------------------------------114b

17) [line 1] HI ATZMAH B'CHELBAH MINAYIN? - From where [do we learn that it is prohibited to cook] a goat in its *own* milk?

18) [line 2] SHE'LO NE'ESAR PRI IM PRI BI'SHECHITAH - issue with issue is not prohibited with regard to slaughtering, i.e. two calves of one mother may be slaughtered on the same day

19) [line 3] NE'ESAR PRI IM HA'EM BI'SHECHITAH - issue with the mother is prohibited with regard to slaughtering, i.e. the mother and its offspring may not be slaughtered on the same day (see above, entry #10)

20) [line 3] SHE'NE'ESAR PRI IM PRI B'BISHUL - issue with issue is prohibited with regard to cooking, i.e. where it is prohibited to cook a mother's offspring in its (the mother's) milk

21) [line 4] SHE'NE'ESAR PRI IM HA'EM B'BISHUL - issue with the mother should be prohibited with regard to cooking, i.e. it should be prohibited to cook the mother in its own milk

22) [line 9] ZERA HA'AV - the seed of the father
There is an argument among the Amora'im as to whether the species of the father of an animal has any bearing on its Halachic status or not. One of the numerous ramifications of this argument is the law of Kil'ayim. If we consider the seed of father as a contributing factor, then an animal born from two different species is considered to be a different species from its mother and its father. The offspring may not even be crossbred with the species of its mother. Similarly, a carriage may not be drawn by the crossbred offspring together with the thoroughbred mother or father.

23) [line 13] EVED BEN SHIFCHA ACHI MESHUCHRERES - An Eved Kena'ani (a Nochri slave; see Background to Menachos 93:8), the son of a maidservant, the brother of a freed maidservant
A Kena'ani (i.e. Nochri) slave or maidservant is forbidden to marry into the Jewish people until he or she is freed. The verse states, "Lo Siheyeh Kedeshah mi'Benos Yisrael," which the Targum translates as, "An Israelite woman may not be married to a slave" (Devarim 23:18; see RAMBAM Hilchos Isurei Bi'ah 12:13). A maidservant who has been freed has the exact same status as a Jewish woman.

24) [line 15] GET SHICHRUR
A Jew who owns a Nochri slave or maidservant (an Eved Kena'ani or a Shifchah Kena'anis) may release him or her from bondage in one of two ways: by accepting payment for his release, or by giving him a "Get Shichrur," or bill of release (Kidushin 22b). If he is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep).

25) [line 18] KIL'EI ZERA'IM (KIL'EI ZERA'IM)
(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Chulin 82:10), Kil'ei Zera'im (see below) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see above, entry #7), and Charishah b'Shor va'Chamor (see Background to Bava Metzia 90:34:c). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Zera'im.
(b) It is forbidden to plant different types of crops together (Kil'ei Zera'im) as it states in the Torah, "Sadecha Lo Sizra Kil'ayim," - "Do not plant different species (together) in your field." (Vayikra 19:19). The resulting produce is not Asur b'Hana'ah.
(c) With regard to sowing different types of crops in a vineyard, the verse states "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem." - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited." (Devarim 22:9). If one sows Kil'ayim in a vineyard, the produce becomes prohibited ('Kidesh,' from the word in the verse, 'Tikdash').
(d) The Mishnayos in Maseches Kil'ayim specify the distance that one must leave in between different crops.

26) [line 19] SHE'ASUR PRI IM PRI - where the issue with the issue is prohibited, i.e. where it is prohibited to plant the seeds of one species with the seeds of another species

27) [line 19] U'MUTAR PRI IM HA'EM - but the issue is permitted with the mother, i.e. but it is permitted to plant seeds into the ground, "Mother Earth"

28) [line 20] KELUM NE'ESAR PRI IM HA'PRI ELA AL YEDEI HA'EM - But the prohibition of Kil'ei Zera'im *only* comes about by planting seeds in the mother, i.e. in the ground (and this topic will therefore have no bearing on our Sugya)

29) [line 21] B'CHADA - in a jug
30) [line 26] "LO SOCHAL KOL TO'EVAH." - "You shall not eat any abomination." (Devarim 14:3)

31) [line 27] KOL SHE'TI'AVTI LECHA - whatever I have declared to be an abomination for you, comes under the category of "You shall not eat," forever and under all circumstances

32) [line 51] ATAH METZUVEH L'HACHAYOSO - you are commanded to sustain him, in compliance with the verse, "v'Chi Yamuch Achicha u'Mata Yado Imach v'Hechezakta Bo, Ger v'Soshav va'Chai Imach" - "When your brother becomes impoverished and loses the ability to support himself in the community, you must come to his aid; whether he is a convert or a native Yisrael, help him live with you." (Vayikra 25:35)

33) [line 53] SIMAN SHABBOS CHORESH V'CHIL'EI ZERA'IM OSO V'ES BENO V'SHILU'ACH HA'KEN - this is a mnemonic device that stands for a word from the five questions that the Gemara asks to refute Rav Ashi's Halachah, as follows:

1. *Shabbos* refers to "Ela me'Atah, Ma'aseh *Shabbos* Litseru..." (Daf 115a, line 1)
2. *Choresh* refers to "*Choresh* b'Shor v'Chamor v'Chosem Pi Parah..." (Daf 115a, line 3)
3. *v'Chil'ei Zera'im* refers to "*Kil'ei Zera'im* Litseru..." (Daf 115a, line 6)
4. *Oso v'Es Beno* refers to "*Oso v'Es Beno* Litsar..." (Daf 115a, line 16)
5. *v'Shilu'ach ha'Ken* refers to "*Shilu'ach ha'Ken* Litsar..." (Daf 115a, line 18)
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