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Chulin 9
CHULIN 9-10 - Two weeks of study material have been dedicated by Mrs.
Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the
merit of supporting and advancing Talmud study during the week of his
Yahrzeit serve as an Iluy for his Neshamah.
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1) [line 1] ME'ILA'EI NAMI KERAMA IKA - from above (the side of the Chelev
that is exposed, that was rubbed onto the piece of meat), also, there is a
membrane [that should prevent the Chelev from flowing into and being
absorbed by the piece of meat
2) [line 1] AIDI D'MEMASHMESHA YADA D'TABACHA MIFTAS - since the butcher has
been handling that side of the Chelev (O.F. manier - to handle), its
membrane breaks into pieces
3a) [line 4] KESAV - to write, should he need to sign his name for testimony
or judgment (RASHI)
b) [line 4] SHECHITAH - to perform Shechitah, besides knowing the Halachos
(RASHI)
c) [line 4] MILAH - to perform Milah, besides knowing the Halachos
4a) [line 5] KESHER SHEL TEFILIN - the knot of the Tefilin Shel Rosh, that
is shaped like the letter "Daleth" (RASHI)
b) [line 6] BIRKAS CHASANIM - the "Sheva Berachos" that are recited at
weddings and at the meals of the ensuing week of merriment
c) [line 6] TZITZIS - to tie the Tzitzis
5) [line 6] HANEI SHECHICHAN - these [last three] are much more common, and
it goes without saying that everyone is well-versed in them
6) [line 16] SHE'YIVDOK BA'SIMANIM - to check the Simanim (the trachea and
the esophagus) [to make sure that they most of them were cut during the
Shechitah -- the MAGID MISHNEH of Rav Yehudah Kalatz to RAMBAM Hilchos
Shechitah 1:12]
7) [line 18] KEDEI VIKUR - an amount of time in which it is possible to
check (the Gemara assumes that this means to check the Simanim)
8a) [line 18] BIKUR SIMANIN - to check the Simanim (see above, entry #6)
b) [line 19] BIKUR CHACHAM - to have a Talmid Chacham check the knife to
make sure that it has no nicks
9) [line 20] NASATA DEVARECHA L'SHI'URIM - your rule would vary according to
the circumstances (since different Talmidei Chachamim live at different
distances from the butcher -- RASHI)
10) [line 21] BIKUR TABACH CHACHAM - the amount of time that it takes for
this Shochet, who is a Talmid Chacham himself, to check the knife
11a) [line 23] TEREIFAH V'ASURAH V'ACHILAH - [if one did not check the
Simanim,] the animal is a Tereifah (see Background to Chulin 8:27) and it is
prohibited to eat it (but it is not Tamei)
b) [line 24] NEVEILAH U'METAM'AH V'MASA (ISUR ACHILAS NEVEILAH)
A Neveilah is a carcass of a Kosher animal that died without a Halachic
slaughtering (or that was slaughtered improperly). The Torah states, "You
shall not eat anything that dies by itself (Neveilah). You shall give it to
the stranger who is in your gates, that he may eat it, or you may sell it to
a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim
14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM
Hilchos Ma'achalos Asuros 4:1) and a k'Zayis or more of a Neveilah makes a
person or an object Tamei through Maga (contact). It is Metamei a Keli
Cheres (an earthenware utensil) if it enters the utensil's interior and is
Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to
be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos
ha'Tum'ah 1:1).
12a) [line 25] BEHEMAH V'CHAYEHA B'CHEZKAS ISUR OMEDES AD SHE'YIVADA LECHA
BA'MEH NISHCHETAH - Kosher farm animals and non-farm animals retain their
Chezkas Isur until it is made known to you how they were slaughtered
(CHAZAKAH: CHEZKAS ISUR)
(a) One of the most confusing aspects of the subject of "Chazakah" is that
the term "Chazakah" is used to describe so many unrelated laws. Just about
any logical clarification of a doubt (and more) is referred to by this name.
In our Sugya, it is referring to the rule that when doubt arises as to
whether the status of a certain object has changed, we assume that is has
not changed.
1. Such a "Chazakah" may be used in regard to a purely Halachic status (such
as Tamei/Tahor or Mutar/Asur), or in regards to a physical status that
affects the Halachah (such as an animal not being a Tereifah, or a Mikvah
not lacking the necessary amount of water). In our Sugya, the Chazakah tells
us that the animal retains the Isur of Ever Min ha'Chai until we know that
it was slaughtered properly.
2. A Chazakah may work forward in time (Chazakah D'Ikara), proving what will
be, or backward in time (Chazakah D'Hashta), proving what was.
(b) A Chazakas Isur tells us that when in doubt about whether an animal was
slaughtered properly or not, we need proof that the animal was slaughtered
properly before we may eat it.
b) [line 25] B'CHEZKAS ISUR OMEDES (ISUR EVER MIN HA'CHAI)
(a) Ever Min ha'Chai refers to a *limb* that is detached from an animal when
it is alive, whether the limb contains only flesh (such as the tongue or
heart) or whether it contains bone, flesh and sinews (such as a hand or
foot). Basar Min ha'Chai refers to *flesh* detached from an animal when it
is alive. Both are forbidden to be eaten by the Torah (RAMBAM Hilchos
Ma'achalos Asuros 5:1).
(b) The prohibition for Benei Yisrael to eat Ever Min ha'Chai is learned
from the verse, "v'Lo Sochal ha'Nefesh Im ha'Basar" - "You shall not eat the
spirit together with the flesh" (Devarim 12:23). If the limb contains only
flesh (e.g. the tongue or heart), one receive lashes for eating a k'Zayis of
flesh. If the limb contains bones, sinews and flesh, then the bone and
sinews may be combined with the flesh to make up a k'Zayis if the limb is
eaten in its natural state (i.e. if the flesh was not detached from the limb
prior to its consumption). One does not receive lashes for eating less than
a k'Zayis, even if he ate an entire limb. (RAMBAM Hilchos Ma'achalos Asuros
Ch. 5; SEFER HA'CHINUCH #452)
c) [line 27] NISHCHETAH HAREI HI B'CHEZKAS HEITER AD SHE'YIVADA LECHA
BA'MEH NITREFAH - once it is slaughtered, it becomes permitted to eat it,
and it retains this "Chezkas Heter" until it is made known to you how it
became a Tereifah
13) [line 35] AF AL GAV D'ISYALID BAH REI'USA - even though an imperfection
was found, [and a doubt arises as to whether it was present before the
Shechitah or whether it developed afterwards]
14) [line 36] BENEI ME'AYIM - the intestines
15) [line 37] HA LEISNAHU - they are missing! (and we do not see any
imperfection)
16) [line 37] NAKAV - he (the wolf) pierced
17) [line 40] SHEMA BI'MEKOM NEKEV NAKAV - perhaps he pierced them in a
place where there was a hole already, [and the animal was a Tereifah before
the wolf attacked it]
18) [last line] TZIPOR HA'MENAKER BI'SE'ENAH - a bird that was pecking into
(O.F. crot - a hole) a fig
19) [last line] ACHBAR HA'MENAKER B'AVATICHIM - a mouse that was gnawing
into melons
9b---------------------------------------9b
20) [line 1] CHOSHESHIN SHEMA BI'MEKOM NEKEV NAKAV - we suspect that perhaps
they pierced a hole in a place where there was originally a hole from a
snake bite
21a) [line 2] ISURA - prohibitions; ritual law
b) [line 2] SAKANTA - danger; laws of cautionary actions
22) [line 5] SAFEK TUM'AH BI'RESHUS HA'RABIM SEFEIKO TAHOR
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the
object is found in Reshus ha'Rabim the object is Tahor. If it is found in a
private, concealed place, it is judged to be Tamei. During the winter a
Bik'ah is a Reshus ha'Yachid and Sefeiko Tahor. During the summer it is a
Reshus ha'Rabim and Sefeiko Tamei.
(b) This is learned from the case of the Sotah woman. In the case of a
Sotah, where only two people were present at the time that there arose a
question as to her status, she is judged Temei'ah/culpable and is prohibited
to her husband. Similarly, whenever there are only two people present (i.e.
a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a
person or an object, he or it is judged to be Tamei. Whenever more than two
people frequent a certain area, it is a Reshus ha'Rabim l'Tum'ah. If a doubt
arises regarding the status of a person or an object, he or it is judged to
be Tahor.
23) [line 6] SAFEK MAYIM MEGULIN ASURIN - water that was left uncovered
The sages prohibited the consumption of uncovered water that was left
unattended. There is a possibility that a poisonous snake drank from the
water, injecting poison into it. (See RAMBAM Hilchos Rotze'ach u'Shemiras
ha'Nefesh 11:5-16)
24) [line 7] HILCHESA GEMIREI LAH - we know this Halachah from the tradition
that Moshe received on Mount Sinai ("Halachah l'Moshe mi'Sinai")
25) [line 8] SOTAH
(a) A Sotah is a woman who is suspected of committing adultery because she
was warned by her husband not to seclude herself with a certain man and she
violated the warning. The process of warning her in front of witnesses is
called Kinuy. The witnesses who see her seclude herself with the suspected
adulterer are called Eidei Stirah. The time of seclusion must be at least
for the time that it takes to roast an egg and swallow it. The woman is
forbidden to her husband and the alleged adulterer until she drinks Mei
Sotah (see (d), below). If she committed adultery after not heeding the
warning of two witnesses, she is put to death by Chenek (choking), as it
states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah)
prevents her from drinking the Mei Sotah.
(b) After Kinuy and Stirah, the husband must bring his wife to the Beis
ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis
Din appoints two Torah scholars to accompany them to make sure that they do
not engage in marital relations, which are forbidden to them. Moreover, if
the couple does have marital relations at this point, the Mei Sotah will not
work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of
sin for the ceremony to work. The Gemara (Sotah 47b) explains that this
means that he did not have relations with his wife from the time that she
became prohibited to him, or with any other woman (ever) who was prohibited
to him (RASHI to Sotah ibid.)
(c) The husband brings a sacrifice consisting of 1/10 of an Eifah
(approximately 2.16, 2.49 or 4.32 liters, depending upon the differing
Halachic opinions) of barley flour as a Minchah offering. Oil and Levonah
are *not* added (Bamidbar 5:15), and Hagashah, Kemitzah and Haktarah are
performed (see Background to Menachos 25a:c). The Sheyarei ha'Minchah are
eaten by the Kohanim. In the Azarah of the Beis ha'Mikdash, a Kohen reads
Parshas Sotah, the portion of the Torah describing the curses with which a
Sotah is cursed, out loud (in any language that the Sotah understands) and
makes the Sotah swear that she has been faithful to her husband.
(d) An earthenware jug is then filled with half a Log of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, which causes the ink to
dissolve, erasing the Holy Names. The Sotah afterwards drinks from the
water. If she was unfaithful to her husband and allowed herself to become
defiled, the water would enter her body and poison her, causing her belly to
swell out and her thigh to rupture. If she was faithful to her husband, she
remained unharmed and would be blessed that she would become pregnant
(Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the
present day, a Sotah must be divorced and does not receive her Kesuvah.
26) [line 9] SHERETZ
See Background to Chulin 3:3.
27) [line 9] CHULDAH - a rat, weasel or marten
28) [line 13] DAVAR SHE'YESH BAH DA'AS LISHA'EL - [the case of the Sotah
woman is a case where there is a person] with intelligence who cannot be
asked [as to her status]
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the
object is found in a private, concealed place, it is judged to be Tamei (see
above, entry #22).
(b) This Halachah applies only if the thing that transfers the Tum'ah or the
object that receives the Tum'ah is a Ben Da'as (i.e. has intelligence). If
there is a doubt as to whether an object that was Tamei touched another
object that was Tahor and no human was involved, or a child with no
intelligence (according to the Halachah) was involved, the object that was
Tahor remains so (since this case cannot be compared to the case of the
Sotah woman, in which Benei Da'as were involved).
29) [line 15] TZELOCHIS - a jug [of Mei Chatas] (MEI CHATAS)
(a) The Parah Adumah, an exclusively red-haired cow, is burned on Har
ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei
Mes. Only a cow that has not had a yoke placed upon it and has had no other
work done with it is fit to be used as a Parah Adumah. A place is prepared
for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the
courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is
sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar
branch, some Ezov branches and a piece of crimson wool are thrown into the
carcass of the cow while it is burning (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or
being in the same room as a corpse 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)
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).
30) [line 19] NACHASH L'DIVREI RABAN GAMLIEL - a snake, according to Raban
Gamliel (who rules that a snake, as well as a Chuldah invalidates Mei Chatas
when it drinks from it -- Mishnah Parah 9:3)
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