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Chulin 2
CHULIN 2 - The first Daf of Chulin has been sponsored by Dr. and Mrs.
Shalom Kelman of Baltimore, Maryland, USA. May Hashem bless them with
years filled with Torah and Nachas!
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1) [line 1] HA'KOL SHOCHATIN (SHECHITAH)
(a) The laws of Shechitah (proper ritual slaughter) that permit an animal
to be eaten are a Halachah l'Moshe mi'Sinai, a tradition that was handed
down to us from Moshe at Har Sinai (Chulin 28a, based on Devarim 12:21).
(b) There are two "Simanim," or parts of the animal that must be sliced
through when performing Shechitah: the Kaneh (trachea) and the Veshet
(esophagus). Five of the most important laws of Shechitah are the
following: 1. "Shehiyah" - One may not "pause" in middle of a Shechitah.
2. "Derasah" - One may not "press" the knife into the neck, but must use a
sliding, cutting motion. 3. "Chaladah" - One may not insert the knife into
the middle of the thickness of the neck and cut from there outwards. 4.
"Hagramah" - One may not cut the Simanim such that part of the cut
"slants" above the point that delimits the part of the neck upon which
Shechitah may be performed. 5. "Ikur" - One may not "rip out" the Simanim
from the neck and then cut them. Similarly, one may not cause the Simanim
to tear during Shechitah, such as by cutting them with a dull blade.
2a) [line 2] CHERESH - a deaf mute
b) [line 2] SHOTEH - (lit. a fool) a person who is mad or deranged
(a) A person is classified as a Shoteh if he regularly, because of
madness, destroys or loses that which is given to him, sleeps in a
cemetery, goes out alone at night or tears his clothes (Chagigah 3b).
According to the RAMBAM (Hilchos Edus 9:9), a person is a Shoteh if he
regularly exhibits any form of irrational behavior.
(b) A Shoteh is exempt
from performing Mitzvos, is not punished for his transgressions and is not
liable for the damages that he causes. His purchases and sales are
meaningless and are not binding.
c) [line 3] KATAN - a minor (a boy under the age of 13 and a girl under
the age of 12)
3) [line 8] MEMIRIN (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.)
4) [line 9] "LO YACHALIFENU V'LO YAMIR OSO TOV B'RA O RA B'TOV" - "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)
5) [line 12] SOFEG ES HA'ARBA'IM (MALKUS)
(a) It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah
lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo
ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him"
(Devarim 25:2). Malkus d'Oraisa are administered in Eretz Yisrael by a
court of three judges who are Semuchin (Halachically ordained), whether
the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts
outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic
lashes, see Background to Menachos 70:27).
(b) A person is only liable to
Malkus Arba'im if he transgresses a *Lav* (a negative commandment) of the
Torah that is not "modified," such as a Lav shebi'Chelalos (see Background
to Menachos 58:15), a Lav she'Nitak l'Aseh (see Background to Shevuos
3:13), etc. A prohibition that is implied by a positive commandment is
never punishable by Malkus. In addition, in order to be liable he must
transgress in front of witnesses after receiving a proper warning.
(c)
Malkus are administered in numbers of three, with a maximum amount of
thirty-nine for each transgression. The culprit is examined to determine
how many lashes he can withstand. He stands leaning against a post and his
clothes are ripped until his heart is revealed. The agent of Beis Din, a
Torah scholar who is specifically weak, stands on a rock behind him,
whipping one third of the lashes on his chest and two thirds on his back,
one third on each shoulder (Makos 22b).
(d) During the whipping, the most
distinguished judge of the court reads the verse "Im Lo Sishmor La'asos Es
Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you
will not be careful to perform all the words of this Torah... then HaSh-m
will make your blows extraordinary..." (Devarim 28:58-59). For each blow,
the deputy judge counts out loud the number of each lash and a third judge
calls out "Hakehu!" - "Whip him!" If the culprit dies from the lashing,
the agent of Beis Din is exempt from any punishment. However, if he
administers an extra lash due to a mistake in the count, and the extra
lash causes the culprit to die, he must go to Galus (exile, see Background
to Makos 7:10).
6a) [line 13] MA'ARICHIN - to make pledges of Erchin (ERECH)
(a) An Erech (endowment valuation) refers to a special form of vow. If a
person declares, "Erech Ploni Alai" - "I accept upon myself to give the
endowment value of so-and-so [to Hekdesh]," he must give the specific
value that the Torah designates for the person's gender and age group as
stated in Vayikra 27:1-8 (see below, (b)). It makes no difference at all
whether the person is healthy or sick, strong or weak.
(b) The Erech that
the Torah specifies for children between the ages of one month and five
years is five Shekalim for males and three Shekalim for femal es (Vayikra
27:6). For youths and young adults between the ages of five years and
twenty years, the Erech that the Torah specifies is twenty Shekalim for
males and ten Shekalim for females (Vayikra 27:5). For adults between the
ages of twenty years and sixty years, the Erech that the Torah specifies
is fifty Shekalim for males and thirty Shekalim for females (Vayikra
27:3-4). For adults over sixty years of age, the Erech that the Torah
specifies is fifteen Shekalim for males and ten Shekalim for females
(Vayikra 27:7).
b) [line 13] NE'ERACHIN - being the object of an Erech vow, if a person
declares, "Erech Ploni Alai" - "I accept upon myself to give the endowment
value of so-and-so [to Hekdesh]," the person is the Ma'arich and Ploni is
the Ne'erach
7a) [line 13] NODRIN (DEMEI PLONI ALAI)
If a person makes a vow and says "Demei Ploni Alai" - "I accept upon
myself to give the value of so and so to Hekdesh," he must give the actual
worth of the person; i.e. the amount he would be worth if sold on the
slave market.
b) [line 13] NIDARIN - anyone can have their worth dedicated to Hekdesh
8) [line 14] "V'CHI SECHDAL LINDOR, LO YIHEYEH VECHA CHET." - "And if you
refrain from vowing, there will be no sin in you." (Devarim 23:23)
9) [line 15] "TOV ASHER LO SIDOR MISHE'TIDOR V'LO SESHALEM." - "It is better
not to vow than to vow and not pay." (Koheles 5:4)
10) [last line] HAREI ZO (NEDAVAH)
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary
sacrifice, 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)
When a person states, "I pledge an Olah" ("Harei Alai Olah"), without
singling out a specific animal, his pledge is called a Neder. When he sets
aside an animal with which to fulfill his pledge, and the animal gets lost
or dies, he must bring another in its place. If he states, "*This* animal
is an Olah" ("Harei Zo Olah"), his pledge is called a Nedavah. If the
animal gets lost or dies, he has no obligation to bring another in its
place.
2b---------------------------------------2b
11) [line 1] HAREI ALAI (NEDER)
See previous entry.
12) [line 4] SOMCHIN (SEMICHAH)
(a) Semichah refers to the Mitzvah for a person to press both of his hands
on the head of his animal Korban, as described in Vayikra (1:4). Semichah
is performed immediately before the animal is slaughtered, in the place
where it will be slaughtered (Menachos 93a).
(b) All private Korbanos
require Semichah, except for the Bechor, Ma'aser, and Pesach offerings.
The only public Korbanos that require Semichah are the Par He'elem Davar
(see next entry), the Se'ir ha'Mishtale'ach (scapegoat) of Yom Kipur (see
Background to Menachos 92:5), and according to some, the Se'ir brought as
an atonement when most of the nation sins with Avodah Zarah (see
Background to Menachos 92:6). If the Korban is a Chatas, Asham or Olah,
all of which are brought to atone for sins, the owner of the Korban
confesses his sin while he performs Semichah. If the Korban is a Korban
Shelamim or Todah, which a person brings to thank HaSh-m for the kindness
or salvation that was bestowed upon him, the owner of the Korban says
words of praise for HaSh-m while he performs the Semichah (RAMBAM Hilchos
Ma'aseh ha'Korbanos 3:13-15).
(c) If a Korban is brought by partners, each
one performs Semichah. Certain people do not perform Semichah for their
Korbanos. These include women, children, slaves, people designated
Halachically as fools, deaf-mutes and Nochrim (Menachos 93a). Semichah is
not performed when offering a Korban on a Bamah (Zevachim 119b, see
Background to Zevachim 101:37). (The Girsa of our Gemara, "Echad
ha'Anashim v'Echad ha'Nashim" should be removed -- SHITAH MEKUBETZES #2.)
(d) The Gemara discusses whether Semichah involves pressing on the
animal's head with all of one's strength, or just placing one's hands on
the animal's head (Chagigah 16b). The conclusion is that one must press on
the animal's head with all of one's strength (RAMBAM Hilchos Ma'aseh
ha'Korbanos 3:13). (e) If one does not perform Semichah on his Korban, the
Korban remains valid (Menachos 93b).
13) [line 6] "V'SAMACH YADO... V'NIRTZAH..." - "And he shall press his
hand [upon the head of the burnt offering;] and it shall be accepted [for
him to make atonement for him.]" (Vayikra 1:4)
14) [line 14] CHULIN SHENA'ASU AL TAHARAS HAKODESH
A person who often eats Kodshim (e.g. Korbanos Shelamim or Todah) and
wants to train his household in the Mitzvos that apply to the consumption
of Kodshim, or a person who wants to train himself in these Mitzvos, may
decide that he wants all of the Chulin in his house to be eaten "Al
Taharas ha'Kodesh" - "as if they were Kodshim." He must be careful that no
Tum'ah comes in contact with his food. There is a Machlokes as to whether
his Chulin may become a Shelishi or a Revi'i l'Tum'ah, like Kodshim, or
not (see Background to Nazir 54:13). Aba Shaul, who rules that they are
not like Kodshim, is of the opinion that they can only become a Sheni
l'Tum'ah, like normal Chulin (Nidah 71b).
15) [line 18] UV'MUKDASHIM LO YISHCHOT SHEMA YIGA BA'BASAR (HA'ISUR LIGROM
TUM'AH L'MUKDASHIM) It is forbidden, by the Torah, to actively cause
Kodshim to become Tamei'im, as is derived from the verse, "Es Mishmeres
Terumosi" -- "the guard of my Terumos" (Bamidbar 18:8), which implies that
Terumah (which is a form of Kodshim) must be guarded from Tum'ah.
16) [line 21] CHULIN GREIDEI - ordinary Chulin (unconsecrated animals that
are slaughtered)
17) [line 21] SHEMA YISH'HU - See above, entry #1:b:1.
18) [line 22] SHEMA YIDRESU - See above, entry #1:b:2.
19) [line 22] SHEMA YACHALIDU - See above, entry #1:b:3.
20) [last line] D'ITMI B'MES (TUM'AS MES)
If a person (or utensil) became Tamei through touching a Mes, or an object
that was Tamei with Tum'as Mes, or being in the same room as a Mes or
something that is Metamei b'Ohel, he must wait seven days to become Tahor.
On the third and seventh days he must have spring water mixed with the
ashes of the Parah Adumah (Mei Chatas, see Background to Menachos 27:17)
sprinkled on him. A person who is Tahor dips three Ezov branches that have
been bound together into the mixture, and sprinkles them on the person who
is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is
sprinkled on him in order to complete his Taharah. (Bamidbar 19:17-19)
21) [last line] "[V'CHOL ASHER YIGA AL PENEI HA'SADEH] BA'CHALAL CHEREV [O
V'MES O V'ETZEM ADAM O V'KAVER; YITMA SHIV'AS YAMIM.]" - "[And whoever
touches in the open fields,] one who was slain with a sword, [or a dead
body, or a bone of a man, or a grave, shall be Tamei for seven days.]"
(Bamidbar 19:16)
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