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Chulin 85

CHULIN 85 (26 Nissan) - dedicated by Mr. Avi Berger (of Queens, N.Y.) in memory of his mother, Leah bas Michel Mordechai, on the day of her Yahrzeit.

*****************************GIRSA SECTION*****************************
We recommend using the textual changes suggested by the Bach and the
marginal notes of the Vilna Shas. This section is devoted to any *OTHER*
important corrections that Acharonim have pointed out in the Gemara, Rashi
and Tosfos

[1] Tosfos 85a DH "v'Rebbi Shimon Asher Ye'achel Kesiv" (at the very end):
The words "*Mashma ha'Mutar l'Yisrael le'Echol"
should read "*Hilkach* Mashma ha'Mutar l'Yisrael le'Echol" (Tosfos ha'Rosh)

[2] Rashi 85b DH V'ha Amar Rebbi Meir:
The reference "74a" should be "75a"

[3] Rashi DH "v'Savar Lah k'Rabanan":
The words "Afilu l'Rebbi Shimon" have no meaning here; perhaps they should
be inserted four lines below, after the words "Tereifus Didah"

[4] Hagahos ha'Rav Rensburg, letter "Beis":
The words "*Ayein* b'Kidushin Daf 57"
should read " b'Kidushin Daf 57"
***********************************************************************

1) [line 3] SOMCHIN (SEMICHAH)
(a) Semichah refers to the Mitzvah for a person to press his hands with all his might on the head of his animal sacrifice before it is slaughtered, as described in Vayikra (1:4).
(b) Women and Nochrim are exempt from performing Semichah, since the verse states "Daber El Benei Yisrael... v'Samach..." (Vayikra 1:2-4). Since a woman is not commanded to do Semichah on her sacrifice, it is a forbidden act of Avodah b'Kodshim (using a sacrifice for non-sacrificial purposes) if she does Semichah with all her might. The Machlokes in the Gemara is whether or not a woman may lightly put her hands on the head of her sacrifice.

2) [line 12] MILAH, SHE'KEN EINAH NOHEGES BA'LEILOS KEVA'YAMIM - the Mitzvah of Milah must be performed during the day and not at night, as the verse states, "uva'Yom ha'Shemini Yimol Besar Orlaso" - "And on the eighth day the flesh of his foreskin shall be cut off" (Vayikra 12:3; Shabbos 131b; RAMBAM Hilchos Milah 1:5)

3) [line 20] HA'NOCHER (NECHIRAH)
Nechirah refers to killing an animal not by Shechitah, by rather by sticking a knife into its nostrils ("Necherei") and cutting its throat, all the way down to its chest (RASHI to Chulin 17a, DH veha'Nocher, and to Bava Kama 78b DH ha'Nocher). (Although Rashi later (Daf 85b, DH Nochro) explains that Nechirah involves "strangling" the animal, it is clear from Rashi's words on the Mishnah (Daf 15b, DH she'Hem) that "strangling" refers to any form of asphyxiation, including the tearing of the animal's trachea. See also ARUCH Erech Nachar, and RASHBA in Teshuvos (3:363).)

4) [line 21] HA'ME'AKER - one who "rips out" the Simanim from the neck and then cuts them. Similarly, one may not cause the Simanim to tear during Shechitah, such as by cutting them with a dull blade.

5) [line 27] SHECHUTEI CHUTZ
The Torah obligates a person to bring to the Beis ha'Mikdash all Kodshim that are fit to be offered as sacrifices, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting slaughtering them outside of the Azarah ("Shechutei Chutz") and burning them or parts of them outside of the Azarah ("Ha'ala'as Chutz"). In addition, the Tana'im learn (Sanhedrin 34b) that Zerikas ha'Dam (casting the blood) of a sacrifice outside of the Azarah is also prohibited. The punishment for transgressing these prohibitions is Kares (ibid. 17:9; SEFER HA'CHINUCH #186), and the animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit from it).

6) [line 27] SHECHITAH SHE'EINAH RE'UYAH
(a) A proper Shechitah (ritual slaughter) that does not permit the animal to be eaten is referred to as a Shechitah she'Einah Re'uyah. (A Shechitah that was not performed properly is not a Shechitah she'Einah Re'uyah. It is not a Shechitah at all.)
(b) There is a Machlokes Tana'im whether a Shechitah that does not permit the animal to be eaten has the title of "Shechitah" (for various Halachic purposes other than for eating, such as to obligate a Ganav -- who slaughters an animal that is found to be a Tereifah -- to pay Arba'ah v'Chamishah and such as for the prohibition of "Oso v'Es Beno" to apply).

7) [line 30] "U'TEVO'ACH TEVACH V'HACHEN" - "and slaughter an animal for meat, and prepare it" (Bereishis 43:16) - The Gemara (Daf 91a) and TARGUM YONASAN BEN UZIEL to Bereishis ibid. explain that Yosef instructed Menasheh to perform the Shechitah and remove the Gid ha'Nasheh before his brothers, in order to make sure that they would eat the meat.

8) [line 32] V'SHAV HA'KOHEN - U'VA HA'KOHEN (TZARA'AS BATIM)
(a) See Background to Chulin 33:23.
(b) Even though the words "v'Shav" and "u'Va" are not identical, they are referring to the same action and may be used for a Gezeirah Shavah. As such, it should be of no significance that the words "Shechitah" and "Tevichah" are not identical.

9) [line 39] "[V'ISH ISH MI'BENEI YISRAEL U'MIN HA'GER HA'GAR B'SOCHAM ASHER YATZUD TZEID CHAYAH O OF] ASHER YE'ACHEL, [V'SHAFACH ES DAMO V'CHISAHU BE'AFAR.]" - "[And any person of Benei Yisrael, and of the stranger who dwells in their midst, who traps an animal or a bird] that are permitted to be eaten, [he shall spill its blood and cover it with earth.]" (Vayikra 17:13)

85b---------------------------------------85b

10) [line 26] CHULIN BA'AZARAH
(a) According to some Tana'im, it is forbidden by an Isur Aseh to bring a non-sanctified ("Chulin") animal or food into the Azarah of the Beis ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m is *far* [from where you are]... you may slaughter and eat meat to your heart's content..." (Devarim 12:21), which implies that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash (Pesachim 22a). According to these Tana'im, if non-sanctified animals are slaughtered in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim ibid.). Other Tana'im maintain that the prohibition of offering Chulin in the Azarah (and eating from non-sanctified animals that were slaughtered in the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah *Lav* d'Oraisa").
(b) The Rishonim argue over the breadth of the prohibition of bringing Chulin into the Azarah, according to those Tana'im who prohibit it mid'Oraisa. According to many Rishonim, it is only prohibited mid'Oraisa to bring objects of Chulin into the Azarah if one performs with them acts which resemble those done for Korbanos, such as slaughtering them, waving them or placing them on the Mizbe'ach (TOSFOS to Bava Basra 81b, DH v'Dilma, and to Pesachim 66b, and other Rishonim). Others maintain that even if no such acts are performed, it is prohibited mid'Oraisa to bring foods of Chulin into the Azarah (RAMBAM Hilchos Shechitah 2:3; see Insights to Nedarim 9:2).

11) [line 40] YANIVA - a type of a worm that infests flax 12) [line 41] B'CHISNEI - in his flax
13) [line 42] BUVISA D'MAYA - the pool of water in which flax is soaked
14) [line 42] D'MORACH DAMA - that it (the worm) will smell the blood [of the bird]

15) [line 43] V'SHAVIK LEI - and it will leave it (the flax, since it detests the smell of the blood of birds)

16) [line 49] EIN SHECHITAH L'OF MIN HA'TORAH
(a) The laws of Shechitah (proper ritual slaughter) that permit an animal to be eaten were handed down to us through a Halachah l'Moshe mi'Sinai (Chulin 28a, based on Devarim 12:21).
(b) There is a Machlokes as to whether these laws apply to birds as well. Those who maintain that the Torah (and the Halachah l'Moshe mi'Sinai) does *not* require that a bird be slaughtered learn this from the verse that states, "and he shall spill its blood" (Vayikra 17:13), which implies that spilling alone is sufficient (Chulin 27b). Even according to this opinion, a bird is permitted by the Torah only if it is killed by a person with a blow that severs the trachea or esophagus (RASHI to Chulin 27b DH Ein Shechitah). According to both opinions, if the trachea or esophagus are severed

17) [line 49] NECHIRASO ZU HI SHECHITASO - its Nechirah (see above, entry #3) is its Shechitah (that is, before the Mitzvah of Shechitah was given, the act of Nechirah served as the proper manner of slaughtering an animal, and as such, Kisuy ha'Dam would be required)

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