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Chulin 33
CHULIN 32-33 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] MI MITZTAREF SIMAN RISHON L'SIMAN SHENI L'TAHARAH MI'YDEI
NEVEILAH - Does the first Siman (the trachea) combine with the second Siman
(the esophagus) to render [the limb that extended out of the mother's womb]
Tahor from Tum'as Neveilah? (When the limb was is its mother's womb, the
Shechitah of the mother would have rendered the entire fetus permitted to
eat and Tahor from Tum'as Neveilah. Once the limb was extended, the
Chachamim rule (Daf 68b) that that limb has the status of "Tereifah
Shechutah," which is Tahor but prohibited to eat. Ilfa ponders whether or
not the Shechitah of the trachea (which had the potential to permit the limb
to be eaten and to render it Tahor from Tum'as Neveilah), can combine with
the Shechitah of the esophagus (after the limb was extended, which only had
the potential to render the limb Tahor from Tum'as Neveilah), thus resulting
in a limb that is Tahor from Tum'as Neveilah.)
2a) [line 8] MEZAMNIN YISRAEL AL BENEI ME'AYIM - we can invite Yisraelim to
eat the intestines [of animals that were slaughtered]
b) [line 8] EIN MEZAMNIN OVDEI KOCHAVIM AL BENEI ME'AYIM - but we cannot
invite Nochrim to eat the intestines [of animals that were slaughtered,
because of the lungs] (since Reish Lakish rules that once the trachea is
severed, the lungs are considered to be "lying in a basket," then after
Shechitah, they are considered to have been removed from the animal before
it stops convulsing. As such, they are prohibited to Nochrim because of
"Ever Min ha'Chai," because the animal is considered to be alive after
Shechitah until it stops moving entirely -- RASHI; see Insights as to why
Rashi mentions the lungs when the Gemara only mentions the intestines.)
3a) [line 12] OVDEI KOCHAVIM, DEB'NECHIRAH SAGI LEHU - Nochrim, who may eat
meat even when the animal is killed by Nechirah (i.e. killing the animal not
by Shechitah; see Background to Chulin 27:41)
b) [line 12] UV'MISAH TALYA MILSA - and the matter (the ability of Nochrim
to eat meat) is dependant [only] upon the animal dying
4) [line 13] 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) The prohibition for Nochrim to eat Ever Min ha'Chai is learned from the
verse, "... mi'Kol Etz ha'Gan Achol Tochel." - "... from all of the trees of
the Garden [of Eden] you may surely eat" (Bereishis 2:16). The implication
is that Adam may eat from all of the trees, but he may not eat Ever Min
ha'Chai (Sanhedrin 56b). This follows the teaching of Rebbi Yochanan. Other
sages learn the prohibition from different verses (ibid.).
5) [line 17] HA'ROTZEH LE'ECHOL MI'BEHEMAH KODEM SHE'TETZEI NAFSHAH - one
who wants to experience the taste of flesh taken from an animal before it
dies (he must, however, wait until after its death to eat it)
6) [line 19] BEIS HA'SHECHITAH - the neck, the place where the animal is
slaughtered
7) [line 19] MOLCHO YAFEH YAFEH U'MADICHO YAFEH YAFEH (MELICHAH V'HADACHAH)
(a) In order to prepare meat after it is slaughtered, the Gemara (Chulin
113a) teaches that one must "salt it very well and rinse it very well." The
RAMBAM (Hilchos Ma'achalos Asuros 6:10; SHULCHAN ARUCH YD 69:6) states that
in order to remove the blood from meat it must be salted for the amount of
time that it takes to walk one Mil. The BI'UR HALACHAH (OC 459:2) writes
that when it comes to salting meat, we are stringent and consider a Mil to
be 24 minutes, and thus require that meat be salted for at least 24 minutes
(that is b'Di'eved; l'Chatchilah, meat should be salted for at least an
hour).
(b) Our Gemara states that if one wants to eat the meat of an animal before
it is actually dead, he should cut off a k'Zayis of meat after the Shechitah
while it is still Mefarkeses (twitching), salt it "very well" and rinse it
"very well," and wait for the animal to die. Afterwards he may eat it. RASHI
(DH Yafeh) explains that Mefarkeses meat must be salted and rinsed more than
normal meat. Normally, blood is forced out of the meat when the animal
breathes its last breath, but this meat was taken from the animal before it
had a chance to do that.
(c) Both TOSFOS (33a DH Molcho) and the RAN (ibid.) learn that the
Mefarkeses meat of our Sugya was going to be eaten roasted and not cooked.
Tosfos proves this from the fact that the Gemara does not require that the
meat be washed before salting, while the Ran proves this from the fact that
the Mefarkeses is not yet dead by the time we are ready to eat it.
(Preparing cooked meat takes much more time than preparing roasted meat,
since cooked meat must first be salted for an extended period of time, as
above, (a).)
(d) Salting very well and rinsing very well is usually only necessary before
*cooking* meat. Since this meat is only being roasted, it must be that the
meat of a Mefarkeses is treated differently from ordinary meat, for the
reason that Rashi gives. (M. Kornfeld)
8) [line 20] MAMTIN LAH AT SHE'TETZEI NAFSHAH - he waits until it dies
9) [line 29] NE'ECHALIN B'YADAYIM MESU'AVOS - (lit. they may be eaten with
hands that are Temei'os) they may be eaten without Netilas Yadayim (see
Background to Chulin 31:17a)
10) [line 29] LEFI SHE'LO HUCHSHERU V'DAM - since they have not received the
Hechsher of being wetted by blood (HECHSHER: DAM)
See Background to Chulin 31:18.
11) [line 30] HUCHSHERU BI'SHECHITAH - they were prepared to receive Tum'ah
by the process of Shechitah alone, even without blood
12) [line 33] YADAYIM SHENIYOS HEN (TUM'AS YADAYIM)
See Background to Chulin 31:17a.
13) [line 33] EIN SHENI OSEH SHELISHI B'CHULIN (THE DIFFERENT LEVELS OF
TUM'AH: AV HA'TUM'AH / VELAD HA'TUM'AH / RISHON / SHENI)
See below, entry #28.
14) [line 40] "AL HA'ARETZ TISHPECHENU KA'MAYIM" - "you shall spill it (the
blood) on the ground like water" (Devarim 12:16, 24, 15:23)
15) [line 41] SHE'EINO NISHPACH KA'MAYIM EINO MACHSHIR - that is not poured
on the ground like water (but must be received in a holy utensil and cast on
the Mizbe'ach, or used for any other Mitzvah) is Machshir (See Background to
Chulin 31:18)
16) [line 44] CHIBAS HA'KODESH MACHSHARTAN - the Endearment Of Kodesh makes
it fit to become Tamei (CHIBAS HA'KODESH)
(a) The more precious an object is, the more it is guarded. It is therefore
required that we guard Kodesh from Tum'ah more stringently than we guard
Chulin or Terumah. For this reason, Kodesh can become Tamei even if it has
never come in contact with a liquid, the usual process for making something
Huchshar l'Kabel Tum'ah (see Background to Chulin 31:18).
(b) Likewise, even Kodesh items that are inedible (such as the wood for the
Mizbe'ach and Levonah, frankincense) can become Tamei as if they were foods.
(c) According to RASHI (Pesachim 19a DH Alma) this Tum'ah of wood and
frankincense of Hekdesh is only mid'Rabanan, while according to TOSFOS
(ibid. DH Alma, Chulin 35a DH Ein), this Tum'ah is mid'Oraisa (see Insights
to Pesachim 19a, 20a).
17) [line 45] CHULIN SHE'LEKACHAN B'CHESEF MA'ASER (MA'ASER SHENI: PIDYONO /
ACHILASO)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from
it. Until the Terumos have been separated, the produce is called Tevel. The
punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought to Yerushalayim and eaten there by its owner. Anyone who eats
Ma'aser Sheni produce outside of the walls of Yerushalayim (without Pidyon,
redemption -- see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni
2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it
may not be redeemed. It is considered "Niklat," "captured" by the walls.
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which
case the money used to redeem it is brought to Yerushalayim. If the owner
himself redeems the produce, he must add an additional *fifth* (of the
ensuing total, or a *quarter* of the original value). The food that is
bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and
must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides
the owner is exempt from the additional fifth.
(f) There is a limitation as to the foods that may be purchased with Ma'aser
Sheni money. Only foods that are classified as "Pri mi'Pri" (items that has
been produced from something that has been produced) and "Gedulei Karka"
(foodstuffs that are grown from the ground) are permitted. These limitations
exclude the purchase of salt and water (and possibly mushrooms -- Eruvin
27b).
33b---------------------------------------33b
18a) [line 1] KOL HA'TA'UN BI'AS MAYIM MI'DIVREI SOFRIM
(a) This phrase means, "Whoever [is Tahor according to the Torah but] needs
to immerse in a Mikvah (or wash his hands with Netilas Yadayim -- RASHI to
Chagigah 18b, see Insights to Chagigah 18:2) by a Rabbinical decree (as
listed in Shabbos 13b)." The people or items with this status are as
follows:
1. HA'OCHEL OCHEL RISHON - a person who eats a food that is a Rishon
l'Tum'ah
2. HA'OCHEL OCHEL SHENI - a person who eats a food that is a Sheni l'Tum'ah
3. HA'SHOSEH MASHKIN TEME'IN - a person who drinks liquids that are Teme'im
4. HA'BA ROSHO V'RUBO B'MAYIM SHE'UVIN - a person who, on the day upon which
he has immersed in a Mikvah, submerges most of his body and his head in
water that has been drawn (see Insights to Shabbos 14:2)
5. TAHOR SHE'NAFLU AL ROSHO V'RUBO SHELOSHAH LUGIN MAYIM SHE'UVIN - a person
who is Tahor, upon whom fall three Lugim of water that has been drawn (see
Insights ibid.)
6. HA'OCHLIM SHE'NITME'U B'MASHKIN - food that touches liquids that were
Teme'im
7. HA'KELIM SHE'NITME'U B'MASHKIN - utensils, the insides of which are
touched by liquids that were Teme'im (see TOSFOS to Shabbos 14b DH Ela
b'Mashkin ha'Ba'in Machmas Sheretz)
8. STAM YADAYIM - a person's hands are considered to be a Sheni l'Tum'ah
unless he washes them and concentrates on keeping them Tehorim from the time
that they were washed and onward
9. YADAYIM HA'BA'IM MACHMAS SEFER - a person whose hands touched one of the
24 Kisvei ha'Kodesh (see TOSFOS to Shabbos 14a DH ha'Ochez)
(b) The first seven require Tevilah, while the latter two only require
Netilas Yadayim. In all of these cases, the person - or his hands - are
considered to be a Sheni l'Tum'ah until he is Metaher himself.
b) [line 1] METAMEI ES HA'KODESH - they cause food items of Kodesh to
become Shelishi l'Tum'ah (which can themselves cause other food items of
Kodesh to become Revi'i l'Tum'ah)
c) [line 2] POSEL ES HA'TERUMAH - they cause items of Terumah to become
Shelishi l'Tum'ah (which may not be eaten. However, they do not cause other
items of Terumah to become Revi'i l'Tum'ah, since there is no status of
Revi'i l'Tum'ah of Terumah)
d) [line 2] MUTAR B'CHULIN UV'MA'ASER - they are permitted to eat Chulin
and Ma'aser Sheni
e) [line 3] VA'CHACHAMIM OSRIM B'MA'ASER - Chachamim prohibit them from
eating Ma'aser Sheni
19) [line 7] V'HA NEGI'AH HI - and we are referring to a case of touching
the food, since our Mishnah deals with a person with hands that are Temei'os
who slaughters an animal for another person to eat
20) [line 8] MI LO ASKINAN D'KA SAFI LEI CHAVREI? - Are we not dealing with
a case where one person (with hands that are Temei'os) provides the food for
someone else (since the Mishnah uses the word "Ne'echalin," "they may be
eaten," and not "Ochlin," "one eats")?
21) [line 10] YADAYIM TECHILOS - hands that are Temei'os at the level of a
Rishon l'Tum'ah, which can render food Tamei
22) [line 11] EIN YADAYIM TECHILOS L'CHULIN - [the Rabanan rule that] hands
that are Temei'os at the level of a Rishon l'Tum'ah are not considered
Rishon l'Tum'ah for Chulin; [only for Terumah and Kodashim] (RASHI)
23) [line 16] BAYIS HA'MENUGA (TZARA'AS BATIM)
(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
Temei'im.
(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
(Vayikra 14:44) "u'*Va* Ha'kohen," 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 Gezerah 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. (RAMBAM Hilchos Tum'as Tzara'as 15:2)
(f) TAHARAS BAYIS HA'MENUGA - On the day that a house is declared by a Kohen
to be free of Nega'im, the owner takes two kosher birds, a piece of cedar,
some crimson wool and an Ezov branch. One of the birds is slaughtered over
fresh spring water in a clay bowl. A Kohen dips the other bird, along with
the other articles, into the spring water that is mixed with the blood and
sprinkles it seven times on the lintel on the house, from the outside. The
living bird is sent away towards the fields. Both birds are Asur b'Hana'ah,
but the Isur is removed from the living bird after it is sent off to the
fields. This completes the purification process of the house. (Vayikra
14:49-53)
24) [line 18] BI'AH V'MIKTZAS LO SHEMAH BI'AH - a partial entry [into a
Bayis ha'Menuga] is not considered an entry [and as such, the person himself
does not become Tamei, just his hands]
25) [line 27] BO VA'YOM - on that day [that the Chachamim appointed Rebbi
Elazar ben Azaryah to be the Nasi in place of Raban Gamliel, as explained in
Berachos 28a.] (Raban Gamliel's policy was to limit entrance to the Beis
ha'Midrash; only a scholar who was "Tocho k'Varo," i.e. whose inside was
known to match his outside was permitted to enter (as a result of which many
great Talmidei Chachamim were refused entry). When Rebbi Elazar ben Azaryah
became the Nasi, he removed the guard from the Beis ha'Midrash, with the
dramatic result that so many Talmidim poured in, that four hundred (others
say, seven hundred) benches were added. In his opinion, anyone who wished to
learn should be entitled to enter. Due to the sudden influx of Talmidim who
had previously been barred from entering the Beis ha'Midrash by Raban
Gamliel, many issues that had remained obscure were now discussed. Maseches
Eduyos was composed on that day. The Talmidei Chachamim all "testified"
(Edus = testimony) what they had received from their teachers. So powerful
was the Divine inspiration that ensued that the entire Maseches is Halachah.
Raban Gamliel (in order to prove irrefutably that his actions were l'Shem
Shamayim and not, as it may appear, out of arrogance), continued to appear
daily in the Beis ha'Midrash, not missing as much as one single day - in
spite of his having been deposed!)
26) [line 27] "V'CHOL KLI CHERES [ASHER YIPOL MEHEM EL TOCHO; KOL ASHER
B'SOCHO] YITMA, [V'OSO SISHBORU.]" - "And any earthenware utensil [into
which they (Sheratzim) will fall; everything [that is a food or drink] that
is inside it] shall become Tamei [and you shall break that utensil]."
(Vayikra 11:33)
27) [line 29] L'TAMEI ACHERIM - to cause other items to become Temei'im
(since the verse uses the word "Yitma" instead of "Tamei," Rebbi Akiva
teaches that this word can also be read "Yitamei," which refers to the item
causing other items to become Temei'im)
28) [line 29] KIKAR SHENI / SHELISHI (THE DIFFERENT LEVELS OF TUM'AH)
(a) All objects belong to one of three categories:
- Sources of Tum'ah
- Objects that can become Tamei
- Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse,
which can generate more Tum'ah than any other object and is therefore
referred to as the "Avi Avos ha'Tum'ah."
(c) When one object makes another object Tamei, the second object has a
weaker Tum'ah than the first. If something becomes Tamei from an Av, it is
called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. (Liquids are an
exception to this rule. The Chachamim decreed that liquids should always be
a Rishon, even if touched by a Sheni.)
(d) A Sheni L'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan,
there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah,
however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his
Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin
she'Na'asu Al Taharas Terumah," and can become a Shelishi.) However, Rebbi
Akiva in our Mishnah *does* bring a source from the Torah that a Sheni
l'Tum'ah can make Chulin Tamei mid'Oraisa as a Shelishi l'Tum'ah. The
Halachah follows the former opinion.
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei.
However, it may not be eaten. It is referred to as "Pasul" (invalid) rather
than "Tamei." Kodesh (objects associated with the sacrifices) that is
touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is
also called "Pasul."
29) [line 32] CHULIN SHE'NA'ASU AL TAHARAS HA'KODESH
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. 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).
30a) [line 34] HA'OCHEL OCHEL RISHON, RISHON - one who eats food that is a
Rishon l'Tum'ah becomes a Rishon l'Tum'ah (contrast with above, entry #18a)
b) [line 35] SHENI SHENI - one who eats food that is a Sheni l'Tum'ah
becomes a Sheni l'Tum'ah (contrast with above, entry #18a)
31) [line 37] SHENI L'KODESH V'EIN SHENI LI'TERUMAH - [a person who eats a
food that is a Shelishi l'Tum'ah becomes] a Sheni with regard to Kodshim but
not a Sheni with regard to Terumah (the person who eats the Shelishi
l'Tum'ah, although he is considered a Sheni for Hekdesh, and he makes
Hekdesh into a Shelishi, is not considered a Sheni for Terumah. He does not
even make the Terumah Pesulah (see above, entry #28).
32) [line 38] CHULIN SHE'NA'ASU AL TAHARAS TERUMAH
If someone guards his Chulin from Tum'ah as one normally guards Terumah, it
is called "Chulin she'Na'asu Al Taharas Terumah," and has laws that are
similar to Terumah. (With regard to Hekdesh, however, *everything* is
considered a Rishon l'Tum'ah - even Terumah itself! A person who eats
Terumah Tehorah is also a Sheni l'Kodesh. Such is the stringency of
Hekdesh!)
33) [last line] CHUL see above, entry #29
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