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Chulin 115
*************************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] Gemara 115b [line 11]:
the words "Kadesh *bi'Venei* Yisrael"
should be "Kadesh *mi'Benei* Yisrael"
[2] Gemara 115b [last line]:
*Ela* Amar Lei Rav Mordechai...
It appears from Rashi DH v'Lifroch... Ka Salka Da'atach... that the word
"Ela" was not in his Gemara (which makes the Gemara read better)
*****************************************************************
1) [line 1] MA'ASEH SHABBOS - something that was produced on Shabbos by
transgressing one of the 39 forbidden Melachos (categories of creative
acts), such as a dish that was cooked on Shabbos (Chulin 15a-b; the Mishnah
(Daf 14a) follows the opinion of Rebbi Yehudah, who rules with regard to
cooking that even intentional transgression only prohibits the food to the
sinner who cooked it; others are permitted to eat it on Motza'ei Shabbos,
after waiting "biChedei she'Ya'asu" - the time that it would have taken to
prepare it on Motza'ei Shabbos)
2) [line 2] "[U'SHEMARTEM ES HA'SHABBOS] KI KODESH HI LACHEM" - "[And you
shall keep the Shabbos] for it is holy to you" (Shemos 31:14) - The Gemara
stresses that it (the Shabbos) is holy to you, not the items that were
produced by desecrating it. As such, even though desecrating Shabbos is a
To'eivah, it is permitted to eat or benefit from Ma'aseh Shabbos.
3) [line 3] CHORESH B'SHOR UVA'CHAMOR
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Many
different types of forbidden mixtures can be referred to by the term
"Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see
below, entry #6), Kil'ei Zera'im (see Background to Chulin 114:25) and
Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of
Kil'ayim apply to animals: Harba'ah (see Background to Chulin 114:7), and
Charishah b'Shor va'Chamor (see below). One type of Kil'ayim applies to
clothing: Sha'atnez (see Background to Menachos 39:5). (It is also
prohibited to cook meat and milk together, but this is not referred to as
"Kil'ayim.") Our Gemara refers to the Kil'ayim of Charishah b'Shor
va'Chamor.
(b) Charishah b'Shor va'Chamor refers to the prohibition of doing any type
of Melachah (work) with two different types of animals, as the Torah states
"Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of
driving or riding two different types of animals together is included in the
definition of Melachah. One who intentionally transgresses this prohibition
is liable to Malkus.
1. Some rule that the Torah prohibition applies to doing work with any two
types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The
RAMBAM (ibid., Kil'ayim 9:9), however, rules that the Torah only prohibits
doing work with one kosher and one non-kosher animal together, such as a
bull and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with
any two types of animals, even if they are both kosher or both non-kosher.
4) [line 4] CHOSEM PI PARAH V'DASH BAH (LAV D'CHASIMAH)
(a) The Torah grants beasts of burden the right to eat the produce with
which they are working in certain situations (Devarim 25:4). First, the
produce must be a product of the earth.
(b) Next, if the produce is attached to the ground, it must be in the final
stages of preparation, i.e. when it is being picked. If it is already cut
from the ground, it must not have reached the final stage of preparation for
which it is normally grown, which is the time when Ma'aser (see Background
to Chulin 68:20) or Chalah (see Background to Chulin 104:6:a-d) must be
taken.
(c) If someone muzzles a bull when it is threshing grain, he violates the
commandment of "Lo Sachsom Shor b'Disho" (Devarim 25:4). This negative
commandment applies to all animals that work, subject to the stipulations
above (a-b).
5) [line 6] KIL'EI ZERA'IM
See Background to Chulin 114:25.
6) [line 8] KILEI HA'KEREM
(a) The word Kil'ayim means "forbidden mixture," which refers to two items,
each of which is permitted, which the Torah prohibits to combine. Many
different types of forbidden mixtures can be referred to by the term
"Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see
below), Kil'ei Zera'im (see Background to Chulin 114:25) and Harkavas
ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply
to animals: Harba'ah (see Background to Chulin 114:7), and Charishah b'Shor
va'Chamor (see above, entry #3). One type of Kil'ayim applies to clothing:
Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook
meat and milk together, but this is not referred to as "Kil'ayim.") Our
Gemara refers to Kil'ei ha'Kerem. Of the many different types of Kil'ayim,
only Kil'ei ha'Kerem is Asur b'Hana'ah.
(b) Kil'ei ha'Kerem refers to the prohibition of sowing vegetables or grains
in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash
ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow
your vineyard with other species, lest the fruit of the seed which you have
sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According
to some Tana'im, even if one finds other crops growing in his vineyard and
does not remove them, he transgresses this prohibition (Makos 21b). One who
intentionally transgresses this prohibition is liable to receive Malkus.
1. Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids
planting any vegetable or grain in a preexisting vineyard, as well as sowing
grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah
rules that the prohibition of Kil'ei ha'Kerem only applies to *sowing* grape
seeds along with wheat *and* barley kernels in the same throw of a hand
(Berachos 22a). According to this view, one who plants grapes, wheat and
barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem
and the prohibition of Kil'ei Zera'im (see Background to Chulin 114:25;
Tosfos to Kidushin 39a DH Lo).
2. It is even prohibited to plant vegetables or grains outside of a vineyard
in close proximity to it. Such plants must be planted at least 6 Tefachim
away from a single grapevine and at least four Amos away from a vineyard. A
wall is considered a sufficient separation such that the vineyard and the
vegetables or grains may be planted next to the wall on either side.
("Vineyard," in this respect, refers to at least five grapevines, planted in
a formation of two parallel rows of two with a fifth vine between (and
behind) the two rows -- see Background to Sotah 43:29). The grapevines and
the vegetables or grains that grow in a vineyard that has been planted with
Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the
Torah states, "Pen *Tikdash* ha'Melei'ah...," which the Gemara translates
as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')"
(RAMBAM Hilchos Kil'ayim 5:7).
3. Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as
with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in
Chutz la'Aretz as well (Kidushin 38b).
(c) If Kil'ei ha'Kerem or Orlah (see Background to Menachos 69:45) falls
into or is otherwise mixed with permitted food and there were 200 parts of
permitted food to one part Kil'ei ha'Kerem, the entire mixture is permitted
to be eaten. If it falls into or is otherwise mixed with less than 200 parts
of permitted food, the entire mixture is prohibited. (RAMBAM Hilchos
Ma'achalos Asuros 15:14)
7) [line 12] "BEHEMTECHA LO SARBI'A KIL'AYIM, SADECHA LO SIZRA KIL'AYIM" -
"You shall not crossbreed your animals, you shall not sow your field with
different species" (Vayikra 19:19) - The results of crossbreeding are
permitted to use, even though it is prohibited to perform the act of
crossbreeding (see Background to Chulin 114:7).
8a) [line 16] L'GAVO'AH - for Hekdesh purposes (lit. for On High)
b) [line 16] L'HEDYOT - for a private person
9) [line 18] SHILU'ACH HAKEN
It is forbidden to take a mother bird that is sitting on its nest together
with the eggs or baby birds; rather, one must first *send* the mother away
as prescribed in Devarim (22:7).
10) [line 19] L'TAKALA - to be a stumbling block
11) [line 21] "AL TOCHLU MIMENU NA, U'VASHEL MEVUSHAL [BA'MAYIM, KI IM TZELI
ESH, ROSHO AL KERA'AV V'AL KIRBO.]" - Do not eat it raw, nor cooked [in
water, but only roasted [in its entirety] in fire, [including] its head,
feet and innards.]" (Shemos 12:9) - Reish Lakish draws on the double wording
of "Bashel Mevushal."
115b---------------------------------------115b
12) [line 1] KE'URAH ZO SHE'SHANAH REBBI?! - Is what Rebbi taught
implausible (lit. ugly)?!
13) [line 1] "LO SOCHLENU, [AL HA'ARETZ TISHPECHENU KA'MAYIM.]" - "Do not
eat it (the blood of Pesulei ha'Mukdashin), [rather, spill it on the ground
like water.]" (Devarim 12:24) - Even though our Gemara (and the Sifri) and
Rashi interpret this verse as referring to Pesulei ha'Mukdashin, other
Sugyos (and Rashi in his Peirush Al ha'Torah) interpret it as referring to
Basar Ta'avah -- see RASHASH.
14) [line 5] DAVAR HA'LAMED ME'INYANO
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. These methods made it possible to
present the Written Word in a compact form, from which the Oral Law could be
interpreted by means of application of these rules. One of them is Davar
ha'Lamed me'Inyano.
(b) "Davar ha'Lamed me'Inyano" means "a topic that is understood from its
context." Upon inspection of the verses adjacent to the verse in question,
it is possible to resolve a doubt about the interpretation of that verse.
15) [line 6] SHENEI MININ - two types (PESULEI HA'MUKDASHIN)
(a) Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon
the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is
still forbidden to work with them ("Avodah") or to shear them ("Gizah"). The
milk they produce is also forbidden. They are only permitted to be eaten
after being slaughtered (Bechoros 15b).
(b) The Mishnah in Bechoros (5:1) states that Pesulei ha'Mukdashin may be
sold in the marketplace and weighed with a Roman Libra, a pound. These acts
are normally considered unfitting for Kodshim, and are prohibited to be done
to a Bechor (see Background to Chulin 17:39).
(c) Pesulei ha'Mukdashin that are redeemed are termed "Shenei Minin" - "two
types" by our Gemara since they contain two opposing Halachos: they are
permitted to be eaten like Chulin but they are prohibited from being shorn
or having work done with them like Kodshim.
16) [line 10] "KI AM KADOSH ATAH LASH-M" - "For you are a holy nation to
HaSh-m" (Devarim 14:21)
17) [line 11] "V'LO YIHEYEH KADESH (BI'VENEI) [MI'BENEI] YISRAEL" - "There
shall be no licentious man among the sons of Yisrael." (Devarim 23:18)
18) [line 13] "LO SOCHELU CHOL NEVEILAH" - "Do not eat any animal that died
without a proper ritual slaughter" (Devarim 14:21)
19) [line 15] "LO SEVASHEL GEDI BA'CHALEV IMO" SHELOSHAH PE'AMIM - "Do not
eat a kid boiled in its mother's milk" [is written] three times [in the
Torah]: 1. Shemos 23:19; 2. Shemos 34:26; 3. Devarim 14:21.
20) [line 20] "V'ANSHEI KODESH TIHEYUN LI, U'VASAR BA'SADEH TEREIFAH LO
SOCHELU" - "And you shall be holy men to Me (for My sake), and you shall not
eat any meat that is torn [by the beasts] in the field" (Shemos 22:30)
21) [line 24] ORLAH
(a) In the first three years after a fruit tree is planted, its fruits are
called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.
(b) If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he
derives benefit from Orlah (or any other food that is Asur b'Hana'ah),
according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH
Ela), while according to others, he is only punished with Makas Mardus, a
Rabbinic institution of Malkus (RAMBAM Hilchos Ma'achalos Asuros 8:16 -- see
also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8).
(c) Although it is forbidden to benefit from fruits of Orlah, if one
transgresses and sells the fruits, the money that he receives in return is
not forbidden, as the Gemara teaches (Menachos 69b).
22) [line 27] SHE'AS HA'KOSHER - a time that it was permitted
23) [line 27] CHAMETZ B'PESACH
(a) The Torah (Shemos 12:15; 12:19; 13:7) commands the Jewish people to be
Meva'er Chametz, to rid themselves of all of their Chametz (leavened dough
products) before the holiday of Pesach, when owning such items is
prohibited. On Pesach, it is prohibited to eat Chametz or to derive any
benefit from it.
(b) As a preventative measure, Chazal instituted Bedikas Chametz (checking
for Chametz) on the night before the 14th of Nisan, Erev Pesach (Pesachim
2a). The Rishonim argue as to whether Bedi'kas Chametz was instituted in
order to prevent transgressing the prohibition of possessing Chametz on
Pesach, or to prevent one from being tempted to eat it if Chametz is found
on Pesach.
24) [line 29] KARES
(a) Some sins are so severe that they are punished with untimely death.
There are two types of untimely death that are used as heavenly punishments:
Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the
world and dying before one's time. Misah b'Yedei Shamayim means "death at
the hands of heaven." These punishments are not administered by the courts,
but through divinely administered justice.
(b) One who deliberately transgresses a commandment that is punishable with
either Kares or Misah b'Yedei Shamayim is punished even if there are no
witnesses to his act, and even if he was not warned at that time of his
transgression that his violation will result in his untimely death.
(c) For a discussion of the differences between Kares and Misah b'Yedei
Shamayim, see Background to Menachos 27:39.
25) [line 29] KIL'EI HA'KEREM
See above, entry #6.
26) [line 35] CHORESH B'SHOR UVA'CHAMOR
See above, entry #3.
27) [line 36] CHOSEM PI PARAH V'DASH BAH
See above, entry #4.
28) [line 39] V'LIHADER DINA, V'LEISEI B'MAH HA'TZAD - [when we cannot learn
Basar b'Chalav from Chametz b'Pesach] let our argument return to learn it
from Orlah, and let us learn a common property of Orlah and Chametz (TZAD
HA'SHAVEH)
See Background to Chulin 114:15.
29a) [line 41] "MAH HA'TZAD" MI'GUFO PARCHINAN - we can refute a "Mah
ha'Tzad" analogy by showing that the two sources have a common point that is
not shared by the Halachah that we are trying to learn
b) [line 42] ME'ALMA LO PARCHINAN - we cannot refute a "Mah ha'Tzad"
analogy from a remote source, by showing that elsewhere there is a topic
that shares a common point with the two sources but does *not* contain the
Halachah we are trying to learn from the analogy
30) [line 45] KOL "MAH HA'TZAD" PARCHINAN KOL D'HU - we can refute any "Mah
ha'Tzad" analogy by finding *any* point that the sources (Orlah and Chametz)
share that distinguishes them from the Halachah that is trying to be learned
(Basar b'Chalav), even if that point is not a stringency or leniency
31) [line 45] "LO IM AMART," KAL VA'CHOMER PARCHINAN, KOL D'HU LO
PARCHINAN - if we want to refute the teaching of one subject (Basar
b'Chalav) from another (Kil'ei ha'Kerem) and we say "Lo! Im Amart..." - "No!
If you find this Halachah in the first subject it is because it has a
certain quality that the second subject does not have," then we must find a
stringency (or leniency; depending upon what we are trying to learn from it)
that the first subject has which is not shared by the second subject; we
cannot refute the teaching by finding *any* point that the first subject has
that distinguishes it from the Halachah that is trying to be learned
32) [line 46] V'LIFROCH L'CHULHU - [since we are trying to learn from all
three together (Orlah, Chametz and Kil'ei ha'Kerem), which is like Mah
ha'Tzad,] let us refute our argument by finding *any* point that they all
have in common (even if it is not a stringency or leniency) that
distinguishes them from the Halachah that is trying to be learned (Basar
b'Chalav)
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