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Chulin 10
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 9] RACHASH - (lit. a crawling pest, a Sheretz) the snake
2) [line 11] MI'TACHAS OZEN KELI - from [a hole in the ground] under the
handle of the utensil (which was on the ground)
3) [line 13] PEGUMAH - blemished, having nicks
4) [line 14] SHIBER BAH ATZAMOS - [after the Shechitah,] he used it to break
bones
5) [line 15] SHEMA BA'OR NIFGEMAH - perhaps it was nicked by the hide [of
the animal, as the Shochet started the Shechitah]
6) [line 19] EIN SAFEK MOTZI M'YEDEI VADAI - a doubt does not override a
certainty
(a) This principle is used with regard to questions of Isur and Heter, as
well as with regard to questions of monetary matters. With regard to
questions of Isur and Heter, this principle dictates that when one event
certainly (Vadai) occurred, while there is a doubt (Safek) whether the other
event (which would alter the Halachic status of the object in question)
occurred, we assume that the doubtful event did not occur, since "a doubt
does not override a certainty."
(b) With regard to questions of monetary matters, one of the rules that Beis
Din follows when settling monetary disputes is "Ein Safek Motzi m'Yedei
Vadai." According to this rule, if one party certainly has rights over part
of a disputed object, and the other party cannot prove that it has rights
over any part of that object, the first party wins the case. See Background
to Yevamos 38:1.
7) [line 21] DAVAR CHOTZETZ (TEVILAH: CHATZITZAH)
(a) Certain Mitzvos require that there be no intervening substance
(Chatzitzah) between the person performing the action and the substance upon
which or in which the action is performed. Among these Mitzvos are Tevilah
(immersion in a Mikvah), where the person's skin must touch the water, and
the Avodah (divine service) in the Beis ha'Mikdash, during which a foreign
substance must not intervene between the Kohen and the Kli Shares
(sanctified utensil), or between the Kohen's feet and the floor of the
Azarah.
(b) An intervening substance that covers the majority of one's body and that
a person minds (and would normally remove) causes a Chatzitzah that
disqualifies immersion in a Mikvah.
8) [line 22] SHE'NIS'ASEK B'OSO HA'MIN - he was involved [working] with that
substance
9) [line 27] HA'AMED DAVAR AL CHEZKASO - establish the matter based upon its
Chazakah (CHAZAKAH)
See Background to Chulin 9:12a
10) [line 30] ISYELIDA BEI REI'USA - a damaging element developed in it
(ruining the ability to rely on the Chazakah)
11) [line 32] SHACHAT ES HA'VESHET - he cut the esophagus (SHECHITAS OF)
The Shechitah of fowl is valid with the cutting of a single Siman (the
esophagus or the trachea). Therefore, if, after the first Siman was cut, the
second Siman was subject to any of the five acts that invalidate a Shechitah
(see Background to Chulin 2:1), the Shechitah remains valid.
12) [line 32] NISHMETAH HA'GARGERES - the trachea slipped out of its place;
if this occurred before the Shechitah (that is, before the esophagus was
cut), then the Shechitah is invalid, because the bird was a Tereifah at the
time of the Shechitah. If the trachea slipped out of its place after the
esophagus was cut, then the Shechitah is valid, since the bird was already
slaughtered when the trachea slipped out of its place.
10b---------------------------------------10b
13) [line 7] ETZEM D'MIFREKES - the neck-bones
14) [line 8] AD TELEISAR CHEIVASA - up to thirteen animals
15) [line 11] MITLA TALINAN - we attribute [the nick in the knife to the
neck-bone, and we assume that the nick occurred after the Shechitah was
complete, and thus the Shechitah is valid]
16) [line 18] BEDIKAS CHACHAM (BEDIKAS SAKIN: BEDIKAS CHACHAM)
In order to perform Shechitah properly, the slaughtering knife has to be
checked to make sure it is not nicked in the slightest way.
17) [line 18] ED ECHAD NE'EMAN B'ISURIN - a single witness is believed with
regard to matters of prohibitions (such as to testify that a certain piece
of meat is Kosher)
(a) RASHI says that the source for this Halachah is the fact that the Torah
allows a person to eat with his friend (without requiring two witnesses
testifying that the food is Kosher). TOSFOS and the other Rishonim say that
this is derived from the verse, "v'Safrah" (Vayikra 15:28), that teaches
that a woman is believed to state that she counted her seven days of Taharah
for her Tum'as Nidah.
(b) When the item in question is "Ischazek Isura" -- its status of Isur has
already been established, the Gemara in Yevamos (88a) raises the possibility
that a single witness is not believed to permit it. However, when the matter
is in the hands of the witness ("b'Yado") to correct (for example, it is in
his hands to separate Terumah from questionable produce, or it was in his
hands to slaughter an animal properly), then the witness is certainly
believed. (See Insights.)
18) [line 23] "V'YATZA HA'KOHEN MIN HA'BAYIS" - "and the Kohen will exit the
house" (Vayikra 14:38). (NEGA'IM: NIG'EI BATIM - Tzara'as that infects
houses)
(a) The marks of Tzara'as for houses consist of intense green or intense red
streaks or spots that are at least the size of two Gerisin (a Gris is a
Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as
is found on the walls of a house, it is put into quarantine by a Kohen for a
week. Before the Kohen puts the house into quarantine, he commands that the
house be emptied of its contents to prevent its utensils from becoming
Tamei, and the house must be closed up.
(b) The Torah states (Vayikra 14:39) "v'*Shav* ha'Kohen," to prescribe that
the Kohen *return* six days later to check the house. If the Tzara'as has
spread, one must remove (Choletz) the stones with Tzara'as from the house,
scrape off the surrounding plaster, insert new stones and re-plaster the
entire house. The house is then put into quarantine for another week. If the
Tzara'as returns to the house during the following week, the owner must
dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the
house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c) On the other hand, if the Tzara'as did not change after the first week,
the Kohen leaves it as is and returns again six days later. The verse
states, "u'*Va* ha'Kohen" (Vayikra 14:44), which means "if, when the Kohen
*comes* back to the house to inspect it a second time, he finds that the
spot of Tzara'as has spread, the house is Tamei." Chazal teach that this
verse is referring to a spot of Tzara'as that does *not* spread during its
first week. The Kohen "comes back to the house" after a second week to see
whether the spot has spread, remains, or has disappeared. If the Tzara'as
has *either* spread *or* remained, one must remove (Choletz) the stones with
Tzara'as from the house, scrape off the surrounding plaster, insert new
stones and re-plaster the entire house. The house is then put into
quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the
house during the following week, the owner must dismantle (Notetz) the
entire house (Vayikra 14:45). The stones from the house must be taken out of
the city, and they remain Asur b'Hana'ah forever.
(d) Even though the words "v'Shav" and "u'Va" are not identical, they are
referring to the same action; namely, the Kohen entering the house to
inspect it. This relates the two verses to each other with a Gezeirah
Shavah. Just as the house is not dismantled if the Tzara'as spreads during
the first week -- unless the stones are scraped and the Tzara'as returned to
the house after a week of quarantine -- so, too, the house is not dismantled
if the Tzara'as spread during the second week unless it returns to the house
after the quarantine period that follows the scraping.
(e) If during one of the inspections at the end of the first or second week
the Kohen finds that the Tzara'as has disappeared or diminished in intensity
such that it can no longer be classified as a Nega, the location of the spot
alone is scraped and the house is declared Tahor after the owner follows the
procedure for being Metaher houses (see Background to Sukah 13:11:IV).
(RAMBAM Hilchos Tum'as Tzara'as 15:2)
19) [line 25] AD'NAFIK V'ASA BATZAR LEI SHI'URA - by the time he leaves the
house, the mark of Tzara'as may decrease in size, to less than a Gris
20) [line 28] DERECH ACHORAV - walking backwards
21) [line 31] ACHOREI HA'DELES - behind the door
22) [line 32] PASACH BEI KAVSA - he opened a window [in the door -- RASHI]
23) [line 32] BAYIS AFEL - a dark room
24) [line 36] DERECH KENISASO - in the way that he entered. When the Kohen
Gadol left the Kodesh Kodashim, he was to walk backwards, facing the Aron,
the same way that he entered.
25) [line 37] HEICHA D'LO ISCHAZEK - where it was not yet determined [that
the house is afflicted with Tzara'as]
26) [line 39] L'SOCH BEISO - into his (the Kohen's) home
27) [line 39] V'YASGIR - and he will close the door (either by returning to
the afflicted house, or by way of a rope attached to the door of the
afflicted house; see Insights)
28) [line 40] TACHAS HA'MASHKOF - underneath the lintel
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