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Chulin 83

CHULIN 81-84 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

1) [line 3] LO MIN HA'SHEM HU ZEH - the reason that you (Rebbi Yehudah) gave is not the main reason for this Halachah (RASHI)

2) [line 4] LAV SHE'EIN BO MA'ASEH
A Lav she'Ein Bo Ma'aseh is a negative commandment that is transgressed without performing any action. The Tana'im argue (Makos 4b et al.) as to whether or not one receives lashes for this type of Lav.

*3*) [line 13] KEGON D'LEIS BEI K'ZAYIS - that is, where the size of *one* of the Gidin is less than a k'Zayis, but the size of the other one *is* a k'Zayis or greater (RASHI, 1st explanation)

4) [line 15] TZARICH L'HODI'O, "IMAH MACHARTI LISHCHOT"; "BITAH MACHARTI LISHCHOT" - he (the seller) must inform him (the buyer), "I have sold the mother of this animal [today] to slaughter"; "I have sold the daughter of this animal [today] to slaughter"

5) [line 16] CHAG - [the] holiday [of Sukos]
6) [line 17] ATZERES - the holiday of Shavuos
7) [line 18] REVACH - (a) "space" between the two buyers, where one of them purchased one of the animals on the day *before* the four days specified in the Mishnah, and the other one purchases the other animal *on* one of the four days (RASHI); (b) "space [in time]" between the day of purchase of one of the animals and the holidays specified in the Mishnah, where one of the sales took place at least two days before the holiday (RABEINU GERSHOM, RA'AVAD to Hilchos Shechitah 12:15, ROSH, KOL BO #110); (c) "space [in time left in the day]," i.e. where the seller noticed that the buyer was in a hurry to purchase an animal, *and* that is was late in the day on one of the days specified in the Mishnah (RAMBAM Hilchos Shechitah 12:15)

8) [line 21] MASHCHITIN ES HA'TABACH B'AL KORCHO - we force a butcher to slaughter animals against his will (even if only one buyer needs meat, in a case where the butcher has already accepted his money)

9) [line 22] IM MES, MES LA'LOKE'ACH - if it dies, it is the buyer's loss (i.e. he loses the money that he gave to the butcher)

10) [line 33] MA'OS KONOS (KINYAN KESEF)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.
(b) Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kesef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI to Bava Metzia 48a DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Shevuos 4:17b), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL to Bava Metzia 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and purchases land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin must also be referring to Kesef (RITVA to Bava Metzia 48a).
(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelin he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or Hagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the *merchandise* consummates the sale. The seller's Meshichah of the *currency* that was paid for it does not.
(d) One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh *mi'Yad* Amisecha" -- Vayikra 25:14) excludes a Nochri, who is not "Amisecha," from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain that Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

83b---------------------------------------83b

11) [line 1] KAROZ - a proclamation, announcement

*****PEREK #6 KISUY HA'DAM*****

12) [line 5] KISUY HA'DAM
There is a Mitzvah to cover the blood of all birds and Kosher non-farm animals (Chayos) that are slaughtered, as it states in Vayikra (17:13) "v'Ish Ish... Asher Yatzud Tzeid Chayah O Of Asher Ye'achel, v'Shafach Es Damo *v'Chisahu b'Afar*" - "And any person... who shall capture game consisting of Kosher non-farm animals, or Kosher birds that are eaten, he shall spill its blood *and cover it with earth*." The blood must be covered from above and below with earth or any similar granular substance.

13) [line 8] KOY
(a) There is a Machlokes Tana'im as to which animal Chazal (in our Mishnah, et al.) refer to as a "Koy." Some Tana'im rule that it is a crossbreed between certain species of goats and deer, while others rule that is an independent species (Daf 80a). The Koy shows signs of being both a Behemah (a domesticated farm animal) and a Chayah (a non-farm animal). The Chelev (forbidden fat -- see Background to Chulin 5:15a) of a Behemah is prohibited and its blood does not need Kisuy ha'Dam (covering after ritual slaughter -- see previous entry), while the Chelev of a Chayah is not prohibited but its blood does need Kisuy ha'Dam.
(b) As a result, still other Tana'im rule that the status of a Koy is always in doubt (a Safek). This is usually the context in which the Gemara refers to a Koy, as an animal about which the Halachic status is uncertain. Because of this doubt, the Chelev of a Koy is prohibited and its blood requires Kisuy ha'Dam. (For additional Halachos regarding the Koy, see Bikurim 2:8-11)

14) [line 16] LEISIV U'LEVATLEI - let him place the earth there (on the Mizbe'ach) and nullify it there (i.e. resolving never to take it away from there)

15) [line 17] "HA'KOL BI'CHESAV MI'YAD HASH-M ALAI HISKIL, [KOL MAL'ACHOS HA'TAVNIS.]" - "All of this is in writing by the hand of HaSh-m, Who gave me understanding to know, [all the works of these plans.]" (Divrei ha'Yamim I 28:19) - King David informed Shlomo that the plans, including all of the details and measurements for the Beis ha'Mikdash, were divinely inspired.

16) [line 18] CHATZITZAH - an intervening substance (between the blood and the Mizbe'ach)

17) [line 23] KOL HA'RA'UY L'VILAH, EIN BILAH ME'AKEVES BO; V'CHOL SHE'EINO RA'UY L'VILAH, BILAH ME'AKEVES BO
(a) Regarding a Minchah that is a Nedavah (voluntary meal offering), the Torah states "v'Chol Minchah *Velulah* va'Shemen" (Vayikra 7:10), from which we learn that the oil that is poured onto the Minchah should be mixed throughout. Nevertheless, if the oil wasn't mixed throughout, the Minchah is still Kesheirah.
(b) However, if someone brings so much flour that it is *impossible* for the oil to be mixed throughout, the Minchah is Pesulah. Therefore, the Mishnah (Menachos 103b) states that if someone brings a Minchah to be offered on the Mizbe'ach, it may not contain more than sixty Esronim of flour (approximately 129.6, 149.4 or 259.2 liters, depending upon the differing Halachic opinions).
(c) Similarly, with regard to Kisuy ha'Dam, the failure to place earth underneath the blood of the Chayah that was slaughtered directly over the blood of the Behemah does not invalidate the Mitzvah of Kisuy ha'Dam. Since it was *possible* to place earth there before the slaughter of the Chayah, not placing it there is not Me'akev. However, since it is *impossible* to place earth underneath the blood of birds that are Kodshim, as our Gemara has just shown, not placing it there *is* Mea'kev.

18) [line 25] V'LEGAREREI - Why not make him scrape it off (the blood from the Mizbe'ach)?

19) [line 26] HA'NITAZ - that spatters, sprays

20a) [line 28] KODSHEI MIZBE'ACH - objects consecrated to be offered on the Mizbe'ach as sacrifices
b) [last line] KODSHEI BEDEK HA'BAYIS - objects consecrated to the property of Hekdesh (KEDUSHAS HA'GUF / KEDUSHAS DAMIM)
(a) An object with Kedushas ha'Guf is an object with intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash (RAMBAM Hilchos Me'ilah 6:5) or a live Korban that is used in the Beis ha'Mikdash "as is." An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish).
(b) An object with Kedushas Damim is an object the *value* of which is consecrated to Hekdesh; e.g. an animal that a person consecrated to be sold in order to buy another animal as a Korban with its value.
(c) An object with Kedushas Bedek ha'Bayis is an object the *value* of which is consecrated to Hekdesh so that it should be used for filling theday-to-day needs of the Beis ha'Mikdash, and not to be used for Korbanos.

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