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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
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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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