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Chulin 86
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CHULIN 86-90 - Sponsored by a generous grant from an anonymous donor.
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*****************************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 86a DH Mai Taima...:
The words "v'Iy Palga u'Falga, Im Semoch Palga d'Mekulkalin"
should read "v'Iy Palga u'Falga, Im *Ken* Semoch Palga d'Mekulkalin" (Tosfos
ha'Rosh)
***********************************************************************
1) [line 16] HA'ZIKIN - the comets
2) [line 16] VEHA'ZEVA'OS - and the earthquakes
3) [line 16] VEHA'RUCHOS - (Fr. estrobeil) whirlwinds; stormy winds
4) [line 17] VEHA'RA'AMIM - and the thunder
5) [line 18] V'NASNU CHACHAMIM EINEIHEM B'REBBI CHIYA U'VANAV - and the
Chachamim "set their eyes" upon Rebbi Chiya and his sons (indicating that
the lack of earthquakes, whirlwinds etc. was due to the meritorious deeds of
Rebbi Chiya and his sons)
6) [line 18] KI MEHANYA ZECHUSAIHU A'ALMA; A'DIDEHU LO - their great merits
benefited the world; not themselves (so that they would not receive any
reward for their deeds in this world; rather, all of the reward was saved
for the next world -- RAV Y. LANDY)
7) [line 22] CHANINA BENI - Chanina, my son, i.e. Rebbi Chanina ben Dosa
(some of the meritorious deeds of Rebbi Chanina ben Dosa are recorded in
Ta'anis 24b-25a)
8) [line 25] BEINAN L'VEIN ATZMAN - by themselves (without anyone with
reason watching)
9) [line 26] OSO V'ES BENO
See Background to Chulin 81:5.
10) [line 30] SOFEG ES HA'ARBA'IM (MALKUS ARBA'AIM)
(a) It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah
lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo
ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him"
(Devarim 25:2). Malkus d'Oraisa is administered in Eretz Yisrael by a court
of three judges who are Semuchin (Halachically ordained), whether the Beis
ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of
Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see
Background to Menachos 70:27).
(b) A person is only liable to Malkus Arba'im if he transgresses a *Lav* (a
negative commandment) of the Torah that is not "modified," such as a Lav
shebi'Chelalos (see Background to Menachos 58:15), a Lav she'Nitak l'Aseh
(see Background to Chulin 81:1), etc. A prohibition that is implied by a
positive commandment is never punishable by Malkus. In addition, in order to
be liable he must transgress in front of witnesses after receiving a proper
warning.
(c) Malkus are administered in numbers of three, with a maximum amount of
thirty-nine for each transgression. The culprit is examined to determine how
many lashes he can withstand. He stands leaning against a post and his
clothes are ripped until his heart is revealed. The agent of Beis Din, a
Torah scholar who is specifically weak, stands on a rock behind him,
whipping one third of the lashes on his chest and two thirds on his back,
one third on each shoulder (Makos 22b).
(d) During the whipping, the most distinguished judge of the court reads the
verse "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m
Es Makoscha..." - "If you will not be careful to perform all the words of
this Torah... then HaSh-m will make your blows extraordinary..." (Devarim
28:58-59). For each blow, the deputy judge counts out loud the number of
each lash and a third judge calls out "Hakehu!" - "Whip him!" If the culprit
dies from the lashing, the agent of Beis Din is exempt from any punishment.
However, if he administers an extra lash due to a mistake in the count, and
the extra lash causes the culprit to die, he must go to Galus (exile, see
Background to Makos 7:10).
11) [line 37] L'NAKER CHATZEIRO - to clean his yard (by covering up blood
with earth)
12) [line 38] ASHPAH - a garbage heap
13) [line 38] BA LI'MALECH - if one were to come to the Chachamim to ask
what to do [if he noticed the blood of an animal that was slaughtered by a
Cheresh, Shoteh or Katan]
14) [line 50] REBBI MEIR CHAYISH L'MI'UTA - Rebbi Meir is concerned for the
minority
Rebbi Meir is of the opinion that we do not follow the majority if there is
a Safek (a doubt), but rather we consider the matter to be still in doubt.
(According to one opinion in TOSFOS, Rebbi Meir only considers it a Safek
mid'Rabanan, for according to the Torah we *can* rely on a Rov -- Tosfos to
Chulin 12a DH Pesach, and to 86b DH Semoch; see Background to Chulin 11:2.)
15) [line 50] SEMOCH MI'UTA L'CHAZAKAH, V'ISRA LEI RUBA - [even if there
were a *majority* of Chershin, Shotin and Ketanim who perform Shechitah
properly, we would not follow that majority, since we would employ the
following reasoning:] add the minority [of them who perform Shechitah
*improperly*] to the Chazakah [of Isur of Ever Min ha'Chai that prohibits
the animal from being eaten while it is alive], to override the majority [of
them who perform Shechitah properly] (and there is no apparent need for
Rebbi Ami to explain "Ho'il v'Rov Ma'aseihem Mekulkalin)
16) [line 53] DARKO SHEL TINOK L'TAPE'ACH - children are in the habit of
playing (a) with Sheratzim (see Background to Menachos 29:25) in garbage
heaps (RASHI); (b) with dough (TOSFOS)
17) [last line] ROV TINOKOS METAPCHIN - most children are in the habit of
playing [in garbage heaps or with dough] (RUBA D'LEISEI KAMAN)
A Ruba de'Leisa Kaman is a majority that is not present and countable, but
rather a predictable consequence of natural events (statistics) -- for
instance, the majority of animals give birth within a year of their birth.
86b---------------------------------------86b
18) [line 1] SEMOCH MI'UTA L'CHAZAKAH, V'ISRA' LEI RUBA - add the minority
[of children who do not play in garbage heaps or with dough] to the Chazakah
[of Taharah of the dough], to override the majority [of children who do play
in garbage heaps or with dough]
19) [line 10] L'ITRUDEI - to become confused, to quarrel (RASHI to Erchin
16b)
20) [line 12] LO SHEVAKTUN LI D'ISHAILEI - you did not leave me [the
opportunity] to ask him (Rebbi Aba brei d'Rebbi Chiya bar Aba, who was one
of the elder sages of the generation)
21) [line 30] "KI NEFESH KOL BASAR, DAMO V'NAFSHO HU" - "For the life of all
flesh, the blood of it is for its life" (Vayikra 17:14)
22) [line 31] HAI "O" MIBA'EI LEI L'CHALEK - that word "O" (from the verse
"Chayah *O* Of" -- Vayikra 17:13) is needed to differentiate [between Chayah
and Of such that each one will require Kisuy ha'Dam, as opposed to teaching
that the requirement falls only when slaughtering both of them]
23) [line 33] SHE'EINO MEVARECH ELA BERACHAH ACHAS - that he only recites
one Berachah [on the Shechitah, even if he performed Kisuy ha'Dam in between
the slaughter of a Chayah and an Of]
24a) [line 36] HAV LIVRICH - Give [us wine] in order to say Birkas ha'Mazon
b) [line 36] HAV LISHTI - Give [us wine] to drink
25) [line 37] ITSAR LEI L'MISHTEI CHAMRA - it becomes prohibited for him to
drink wine [without a new Berachah Rishonah]
26) [last line] D'ITPAL LEI L'KISUY - that he set himself to the task of
covering the blood
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