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Chulin 11
CHULIN 11 - A Daf has been sponsored in honor of the birth of Yechiel
Yehuda Kramer, by his grandparents in Jerusalem. May they see much Nachas
from their new grandson and from all their other children and
grandchildren!
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1) [line 1] KEGON D'KAIMI DARA D'GAVREI V'AMREI KED'KAI KAI - the case is
where a row of people are standing [in a line reaching from the afflicted
house to the home of the Kohen] and saying that the mark of Tzara'as is
still the same size.
2) [line 2] ZIL BASAR RUBA - follow the majority (ROV/RUBA)
(a) When there is a doubt as to the source of a certain item, i.e. from
where it comes or to which group it belongs, the Torah informs us that we
may resolve the doubt according to certain set rules. Among these rules is
the principle, "Halech Achar ha'Rov" (assume that an item comes from the
largest group).
(b) There are two types of Rov, a "Ruba d'Isa Kaman" and a "Ruba d'Leisa
Kaman." A "Ruba d'Isa Kaman" ("a Rov that is in front of us") refers to a
majority that is present and countable, such as a majority of the judges of
a court, or a situation in which one piece of Tereifah meat became mixed up
with two pieces of Kosher meat. In those cases, the Rov is present in front
of us. The Torah instructs us to follow such a majority, as it states
"Acharei Rabim l'Hatos" (Shemos 23:2).
(c) A "Ruba d'Leisa Kaman" ("a Rov that is not in front of us") refers to a
majority in *frequency* -- something usually occurs in this manner. The
majority is not present and countable, but rather it is a predictable
consequence of natural events (i.e. a statistical majority). For example, we
know that there is a Rov that "most animals are not Tereifos." This Rov is
not in front of us, but, nevertheless, there exists a fact in the frequency
of the occurrence of Tereifah animals that tells us that most animals are
born healthy.
3) [line 3] "ACHAREI RABIM L'HATOS" - "... follow (lit. incline towards) the
majority" (Shemos 23:2)
4) [line 3] RUBA D'ISA KAMAN - see above, entry #2
5) [line 4] TESHA CHANUYOS - nine stores. This refers to a case in which a
person finds a piece of meat in a city in which there are nine stores that
sell Kosher meat, and one store that sells non-Kosher meat. In such a case,
the Rov is a "Ruba d'Isa Kaman" (see above, entry #2), and the meat is
permitted because we follow the majority and assume that it came from one of
the stores that sell Kosher meat.
6) [line 4] SANHEDRIN - the Beis Din of 23 judges, which tries cases
involving capital punishment (see Background to Sanhedrin 2:1). The Torah
teaches that when there is a dispute how to rule in a capital case, we
follow the majority (Shemos 23:2). In such a case, the Rov is a "Ruba d'Isa
Kaman" (see above, entry #2).
7) [line 5] RUBA D'LEISEI KAMAN - see above, entry #2.
8) [line 6] KATAN U'KETANAH (YIBUM: KATAN U'KETANAH)
(a) If a married man dies childless and has brothers who survive him, his
widow (or widows) may not remarry until one of the deceased husband's
brothers performs Yibum (levirate marriage) or Chalitzah (levirate release)
with the widow (or one of the widows), as it states in Devarim 25:5-10.
Chazal learn from the verses that if there are a number of brothers, there
is a preference for the oldest brother to perform Yibum or Chalitzah
(Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist,
marital relations between a man and his brother's wife are prohibited and
make them liable to the punishment of Kares.
(b) If the Yevamah (the widow of the deceased brother) is a minor, she
nonetheless may marry her deceased husband's brother to perform Yibum, but
she may not do Chalitzah until she reaches adulthood. Similarly, if the
Yavam (the brother of the deceased husband) is a minor, he may perform Yibum
with his brother's widow, provided that he has reached the age of nine
(Nidah 45a), but he may not perform Chalitzah until he reaches adulthood.
(b) The Rabanan (Yevamos 111b) maintain in a case in which a Katan married
his Yevamah who is a Ketanah, they may remain married, because we are not
concerned that when they reach maturity, one of them will be found to be
sterile (thus negating the obligation of Yibum, and causing them to
transgress the Isur of "Eshes Ach," marrying the wife of one's brother when
no Mitzvah of Yibum is thereby fulfilled). Since we follow the majority
(Rov) that most minors grow up to be child-bearing adults, we do not suspect
that when they reach maturity, one of them will be found to be sterile. This
Rov is a case of a "Ruba d'Leisa Kaman."
9) [line 6] SIMAN ZEMAN SHEVACH MECHANESH - this is a mnemonic device to
remember the names of the ten Amora'im who propose sources in the Torah for
the law of Rov:
- Rebbi Ela*z*ar
- *M*ar brei d'Ravina
- Rav *N*achman bar Yitzchak
- Rav *Sh*eshes
- Ra*b*ah bar Ula
- Rav A*ch*a bar Yakov
- Rav *M*ari
- Rav *K*ahana
- Ravi*n*a
- Rav A*sh*i
10) [line 7] REISHA SHEL OLAH - the head of an animal brought as a Korban
Olah. It is not possible to cut open the head of an animal brought as a
Korban Olah in order to ensure that the cranial membrane did not become
pierced, rendering the animal a Tereifah and unfit to be a Korban. This is
because the Torah says that the Korban is supposed to be cut only into
pieces (Vayikra 1:6) and offered on the Mizbe'ach, but not that its pieces
should be cut into smaller pieces.
11) [line 8] "V'NITACH OSAH LI'NESACHEH" - "And he shall cut it into its
pieces." (Vayikra 1:6)
12a) [line 8] OSAH LI'NESACHEHA - [he shall cut only] *it* into pieces
b) [line 9] V'LO NESECHAHEHA LI'NESACHIM - and not its pieces into
[smaller] pieces
13) [line 10] NIKEV KERUM SHEL MO'ACH - the cranial membrane became pierced
14) [line 11] D'FALI LEI - (O.F. partir, fendre) perhaps he divides it
without separating it into separates pieces
15) [line 14] HEICHA D'LAYIF - where it is still attached
16) [line 15] SHEVIRAS ETZEM BA'PESACH (KORBAN PESACH: SHEVIRAS ETZEM)
(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, "and the whole
assembly of the congregation of Yisrael shall slaughter it towards evening."
(Shemos 12:6). The Pesach is an unblemished male lamb or goat within its
first year that is roasted in its entirety. The meat of the Korban Pesach is
eaten on the night of the fifteenth of Nisan.
(d) No bones of the Pesach are allowed to be broken (Shemos 12:46).
17) [line 18] D'MANACH GUMARTA ALEI - perhaps he places a burning coal on it
(the head of the animal)
18) [line 19] V'KALI LEI - and he roasts it (the cranium, in order to
examine the inside of the head)
19) [line 19] HA'MECHATECH B'GIDIM - one who cuts the sinews (of the Korban
Pesach)
20) [line 21] ALYAH - the fatty tail. This refers to the fats below the
kidneys down to the tail, and the tail itself.
21) [line 22] "CHELBO HA'ALYAH SEMIMAH L'UMAS HE'ATZEH" - "[He shall offer,
from the Shelamim offering, as a fire-offering to HaSh-m] the choicest part,
the complete tail, above the backbone" (Vayikra 3:9) - One who brings a
Korban Shelamim or Chatas offers the Alyah on the Mizbe'ach together with
the Eimurim, the fats that are burned on the Mizbe'ach.
22) [line 23] NIFSEKAH CHUT HA'SHIDRAH - the spinal cord was severed
(rendering the animal a Tereifah)
23) [line 24] DEMI'TATA'I PASIK LAH - he cuts it off from below. That is,
when he removes the Alyah (the fat of the tailbone), he removes it lower
down, closer to the tail, so that he is able to examine the spinal cord from
that point all the way up to the head. He removes the Alyah below the
"Perashos," because below the "Perashos," a cut in the spinal cord does not
render the animal a Tereifah. The "Perashos" are the nerves that branch off
from the spinal cord and extend into each hind leg. These branches begin at
the area of the hip-bone (O.F. hanche). (See SICHAS CHULIN, p. 12 and pp.
173-175; TEMUNEI CHOL, p. 55)
24) [line 25] "L'UMAS HE'ATZEH" - "above the backbone" (Vayikra 3:9) - This
teaches that the Alyah must be removed from the upper part of the animal,
above the "Perashos" (and thus it is not possible to examine whether or not
the spinal cord was severed at that point)
25) [line 25] MAKOM SHEHA'KELAYOS YO'ATZOS - the place where the kidneys are
situated (lit. the place where the kidneys give advice; this phrase is based
on the Gemara in Berachos 61a which says that "the kidneys give counsel [to
the heart], and the heart understands [and prompts the person to take
action].")
26) [line 26] D'PASACH LAH - he opens it (the area of the Alyah in order to
examine the spinal cord). He can examine the spinal cord without cutting the
Alyah by opening the animal from the underside, leaving the Alyah attached
to the backside (RASHI).
27) [line 27] TEMIMAH - the requirement that the Alyah be "complete"
(Vayikra 3:9), and it may not be cut even to be examined
28) [line 30] EGLAH ARUFAH
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not
known who the murderer is, the Torah requires that an Eglah Arufah be
brought in order to atone for the blood that was spilled (Devarim 21:1). The
procedure is as follows:
(b) Five elders (according to the opinion of Rebbi Yehudah, which is the
Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court)
measure the distance between the dead body and the cities around it to
determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female
calf that has never been worked (see Background to Bava Metzia 30:12:b) to a
Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a
valley with tough soil - RASHI). They strike it on the back of its neck
(Arifah) with a cleaver, severing its spinal column, gullet and windpipe.
This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.
(d) The elders of the closest city then wash their hands there and say, "Our
hands have not spilled this blood, and our eyes did not see [the murder]"
(Devarim 21:7). This includes a proclamation that the dead man was not sent
away from the city without the proper food for his journey or the proper
accompaniment. The Kohanim that are present say, "Atone for Your people
Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for]
innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After
this procedure, HaSh-m will grant atonement for the innocent blood that was
spilled (RAMBAM Hilchos Rotze'ach 9:3).
(e) The calf that is used as the Eglah Arufah must be fully healthy and
cannot be a Tereifah, as the Gemara derives from the verse (Devarim 21:6;
see TOSFOS DH ha'Arufah). (See next entry.)
29) [line 31] KESHE'HI SHELEMAH TEHEVEI - when it (the calf) is complete, it
shall remain that way forever (and it cannot be cut up to be examined)
30) [line 35] PARAH ADUMAH (PARAH ADUMAH)
(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).
31) [line 40] CHATAS KARYEI RACHMANA - the Torah calls it (the Parah Adumah)
a "Chatas" (Bamidbar 19:9), teaching that the Parah Adumah must be complete,
and not a Tereifah, at the time that it is burned, like a Korban Chatas
32) [line 41] SA'IR HA'MISHTALE'ACH - lit. the goat that is sent away
(a) On Yom ha'Kipurim, a Goral (lottery) is performed by the Kohen Gadol to
choose between two identical goats (Vayikra 16:7-10). One (the Sa'ir
la'Sh-m) is offered as a Korban Chatas ha'Nisraf and its blood is sprinkled
in the Kodesh ha'Kodashim (Vayikra 16:15); the other (the Sa'ir la'Azazel)
is dispatched ("Mishtale'ach") to Azazel (a hard rocky cliff), from which it
is pushed off to its death (Vayikra 16:21-22).
(b) A strip of crimson wool is tied between the horns of the Sa'ir
ha'Mishtale'ach before it is led to Azazel. The person who takes the goat to
Azazel becomes Tamei and is required to immerse his body and clothes in a
Mikvah (Vayikra 16:26). The remains of the Sa'ir ha'Mishtale'ach are Asur
b'Hana'ah.
(c) Before it is dispatched to Azazel, the Kohen Gadol performs Semichah
upon the Sa'ir ha'Mishtale'ach, confessing the sins of all of the people
while doing so. According to Rebbi Yehudah, this confession achieves
atonement for all of the people, for all sins except sins of Tum'as Mikdash
v'Kodashav. According to Rebbi Shimon, this confession achieves atonement
for all of the people except the Kohanim, for all sins except sins of Tum'as
Mikdash v'Kodashav. (The second confession over the Par of the Kohen Gadol
provides the Kohanim atonement for all other sins besides sins of Tum'as
Mikdash v'Kodashav.)
33) [last line] SHE'YEHU SHNEIHEM SHAVIM - they (the two goats) must be
identical
11b---------------------------------------11b
34) [line 3] EIN GORAL KOVE'A LA'AZAZEL ELA B'DAVAR HA'RA'UY LA'SH-M - the
Goral (lottery) is effective in establishing which Sa'ir will be sent to
Azazel (see above, entry #32) only when each animal is without blemish and
is fit to be brought as a Korban as the Sa'ir la'Sh-m.
35) [line 5] LO HAYAH MAGI'A L'MACHATZIS HA'HAR AD SHE'NA'ASEH EVARIM
EVARIM - it did not reach halfway down the cliff until it became a mangled
set of limbs
36) [line 7] "[U']MAKEH AVIV V'IMO [MOS YUMAS.]" - "[And] if one strikes his
father or his mother, [he shall surely be put to death.]" (Shemos 21:15)
(CHOVEL B'AV V'EM)
(a) A person who strikes his father or mother such that blood flows from the
wound, after having received a proper warning that the act is punishable
with death, is liable to the death penalty of Chenek (choking), as it states
in the Torah (Shemos 21:15).
(b) If blood does not flow from the wound when the person strikes his father
or mother, the penalty is the same as Chovel b'Chaveiro, one who strikes his
fellow man (see Background to Sanhedrin 78:30). (RAMBAM Hilchos Chovel
u'Mazik 4:7)
37) [line 11] CHAVUSHIM B'VEIS HA'ASURIN - imprisoned in jail
38) [line 12] EIN APOTORPOS L'ARAYOS - lit. "there is no overseer with
regard to forbidden relations." With regard to forbidden relationships, we
cannot rely on the best "appointed official" or guard to guarantee that
nothing forbidden was done.
39) [line 14] DILMA TEREIFAH HAVAH - perhaps he (the one who was murdered)
was a Tereifah (and thus the murderer is not punishable with death for
killing him)
40) [line 16] HA KA MINVAL - but that (performing a postmortem examination)
causes a disgrace [to the dead]
41) [line 16] V'CHI TEIMA MISHUM IBUD NESHAMAH D'HAI NINVELEI - and if you
say that because of the loss of life of this one (the murderer), we should
disgrace him (the dead man, by performing a postmortem examination). (We are
obligated to attempt to save the life of the defendant, as learned from the
verse, "v'Hitzilu ha'Edah" (Bamidbar 35:25), and, therefore, perhaps we may
disgrace the deceased for that purpose (RASHI).)
42) [line 17] V'NEICHUSH SHEMA BI'MEKOM SAYIF NEKEV HAVAH - we must suspect
that perhaps in the place of the sword (where he was stabbed), there was a
hole (rendering him a Tereifah)
43) [line 18] EDIM ZOMEMIN
(a) If two witnesses testify to a crime or an event and a later set of
witnesses contradict their testimony by saying that the crime or event did
not take place exactly as the first set of witnesses testified, all of the
witnesses are termed Edim Mukchashin (contradictory witnesses), and Beis Din
cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later
set of witnesses *disqualifies* that testimony by saying that the first two
witnesses were with them in a different place at the time that the first
witnesses claim that the act took place, the first witnesses are termed Edim
Zomimin (conspiring witnesses). The Torah commands that the second set of
witnesses is believed, rather than the first. In general, Edim Zomemin are
punished with the punishment they tried to cause. (Devarim 19:16-21; see
Mishnah Makos 5a.)
(c) The punishment of Edim Zomemin is administered to the Edim only if they
succeeded in convicting the defendant of the alleged crime ("Achar Gemar
Din") but before the sentence is carried out. The Gemara (Makos 5b) learns
this Halachah from the words of the verse, "Ka'asher Zamam *La'asos*, v'Lo
Ka'asher *Asa*" - "as he conspired *to do*, but not as he conspired *and
did*" (Devarim 19:19).
44) [line 19] VA'ASISEM LO KA'ASHER ZAMAM [LA'ASOS L'ACHIV, U'VI'ARTA HA'RA
MI'KIRBECHA.]" - "And you shall do to him as he conspired [to do to his
brother, and you shall remove the evil from your midst.]" (Devarim 19:19)
45) [line 20] HACH D'AS'HIDU VEI - the person against whom they (the first
witnesses) testified (in their attempt to have him put to death)
46) [line 22] BERIBI - (a) one of the great sages of the generation who
remains anonymous ("Beribi" is a descriptive title such as "the Great," used
to refer to a sage) (RASHI here); (a) the name of a certain sage (RASHI
Makos 5b)
47) [line 23] LO HARGU NEHERAGIN, HARGU EIN NEHERAGIN - if they did not
succeed in having the defendant put to death, then they are put to death,
but if they succeeded in having the defendant put to death, then they are
not put to death (see above, entry #42:c)
49) [line 25] V'LEICHUSH SHEMA BI'MEKOM NEKEV KA SHACHIT - but you should
suspect that perhaps in the place of the hole, he slaughtered the animal
(that is, he cut directly where the hole was)
50) [line 29] HEICHA D'EFSHAR EFSHAR - where it is possible [to rely on
Rov], it is possible [and we rely on Rov]; where it is not possible [to rely
on Rov], it is not possible [and we do not rely on Rov]. (a) RASHI (DH
Heicha) explains this statement to mean that we rely on Rov only when it is
not possible to clarify the facts and resolve the doubt. (b) TOSFOS (DH
Leichush) seems to understand this statement to be referring to the verses
from which the Amora'im suggest we learn the principle of Rov. When the only
way to understand the intent of the verse is by utilizing the principle of
Rov, then we apply Rov in that case. When the verse can be understood
without utilizing Rov, then we do not rely on Rov in that case.
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