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Chulin 116
CHULIN 116 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the sixth
Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause.
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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] Gemara 116a [line 36]:
the words "Reisha *d'Tivasa*"
should be "Reisha *d'Tavasa*" (ARUCH)
[2] Rashi 116a DH Aval Chada mi'Telas:
The 5th word "Yochichu" is the end of this Dibur;
The words "Iy Hadar Dina v'Asi b'Mah ha'Tzad" are a new Dibur ha'Maschil
[3] Rashi 116b DH veha'Amar Shmuel:
The words "Ha Keivah Gufah" are a new Dibur ha'Maschil
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1) [line 1] CHADA MI'CHADA - one [topic (e.g. Basar b'Chalav) learned] from
one [other topic (e.g. Orlah)]
2) [line 2] CHADA MI'TARTEI - one [topic (e.g. Basar b'Chalav) learned] from
two [other topics (e.g. Orlah and Chametz b'Pesach) using a Mah ha'Tzad
analogy]
3) [line 3] CHADA MI'TELAS - one [topic (e.g. Basar b'Chalav) learned] from
three [other topics (e.g. Orlah, Chametz b'Pesach and Kil'ei ha'Kerem) using
a Mah ha'Tzad analogy]
4) [line 8] IKARAN NE'ESAR - their seeds becomes forbidden when they take
root
5) [line 10] ATZITZ NAKUV - a flowerpot with a drainage hole, in which grain
is planted
6) [line 10] IM HOSIF MASAYIM - if the grain in the flowerpot grows *more*
than one part in 200 of its previous, permitted growth
7) [line 32] BI'MEKOMO SHEL REBBI ELIEZER - in the place where Rebbi Eliezer
was the leading Rabbinic authority
8a) [line 33] HAYU KORSIN ETZIM LA'ASOS PECHAMIN LA'ASOS BARZEL - [if a Bris
Milah was to be performed on Shabbos and no knife was available,] they would
cut down trees to make charcoal in order to smelt iron [to forge a knife to
perform the Bris Milah] (Rebbi Eliezer rules that Machshirei Mitzvah Dochin
Es ha'Shabbos, all of the actions performed in preparation for a Mitzvah
that is Docheh Shabbos, are also Dochim Shabbos. Rebbi Akiva argues with
regard to those Machshirin that could have been performed before Shabbos,
such as forging a knife, that they are not Docheh Shabbos.)
b) [line 33] HAYU KORSIN ETZIM (BRIS MILAH)
(a) A Jewish father has a Mitzvas Aseh to see that a Bris Milah is performed
on his son, as the verse states, "va'Yamal Avraham Es Yitzchak Beno..."
(Bereishis 21:4). If he does not fulfill his obligation, Beis Din is
required to have him circumcised (ibid. 17:10). If Beis Din is likewise lax
or unable to fulfill this Mitzvah, when the boy grows up, he must have Milah
performed upon himself (ibid. 17:14). The punishment for a man who is not
circumcised and refuses to fulfill the Mitzvah of Milah is Kares (ibid., see
RAMBAM and RA'AVAD Hilchos Milah 1:1-2).
(b) The Mitzvah of performing the Milah on the eighth day after the child's
birth overrides Shabbos. Thus, even though the procedure of the Milah
constitutes a Melachah, it is permitted (and obligatory) on Shabbos. This is
derived (in Shabbos 132a) from the verse, "uva'Yom ha'Shemini, Yimol Besar
Orlaso." - "And on the eighth day, the flesh of his foreskin shall be
circumcised" (Vayikra 12:3). However, Milah only overrides Shabbos when the
obligation to perform it on Shabbos is certain, and not doubtful.
9) [line 36] RISHBA - bird-catcher
10) [line 37] (TIVASA) [TAVASA] - (O.F. paon) peacock (see Hagahos of Rav
Yechezkel Landau on the margin))
11) [line 39] AMAI LO TESHAMTINHU - why do you not put him in Cherem?
(SHAMTA - excommunication)
(a) The minimum period of Niduy (excommunication) is thirty days in Eretz
Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent
from his ways he is put into Niduy for a second thirty-day period. If he
still does not repent, he is then put into Cherem. The laws of Cherem are
much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and
family. He is not permitted to eat or drink with other people, nor is he
included in a Zimun or any other Mitzvah that requires a quorum of ten men.
He may not wash his clothes, shave or take a haircut or wear shoes. Learning
and teaching Torah, however, are permitted, as well as engaging in work. The
last two are not permitted to a Muchram, who must learn by himself and
engage in work to the minimum that will provide him daily sustenance. People
may speak with the Menudeh or the Muchram unless Beis Din specifically
prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in
Niduy or Cherem until he is permitted by three commoners or by an expert
sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)
12) [line 42] KEIVAS OVED KOCHAVIM - the rennet of a Nochri, curdled milk
from the stomach of a calf that is used to curdle milk to make cheese
13) [last line] OR SHEL KEIVAH - the lining of the abomasum (fourth stomach)
of young nursing animals, which is used for curdling milk
116b---------------------------------------116b
14) [line 3] MIPNEI SHE'KANUS B'MEI'EHA - since it is [considered a separate
entity] enclosed in its stomach
15) [line 14] D'VADLINAN - that we are separated, that we stay away
16) [line 30] MISHNAH LO ZAZAH MI'MEKOMAH - the original Mishnah was not
removed from its place even though it is no longer the Halachah
17) [line 33] SETAM MACHSHEVES OVED KOCHAVIM LA'AVODAS KOCHAVIM - most
intentions of an idolater is for the sake of idolatry (and thus a Shechitah
performed by an idolater was probably done for the sake of idolatry, and is
invalid; see Background to Chulin 8:17:e).
18) [line 38] PIRSHA B'ALMA HU - it is merely waste
19) [last line] CHELEV (ISUR ACHILAS CHELEV)
(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach.
It consists of the layer of fat covering the stomachs, all the other fat
attached to the stomachs, and the fat on the kidneys along the flanks
(Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol
Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an
everlasting statute for your generations throughout all your settlements,
that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but
it may be used for any other purpose. The Chelev of a Chayah (a Kosher
non-farm animal), however, may even be eaten. "Shuman" refers to all the
other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was
not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg
(unintentionally) he must bring a Korban Chatas (as with all sins for which
one is liable to Kares b'Mezid). If a person is in doubt whether the fat he
ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background
to Chulin 41:25).
20) [last line] DAM (ISUR ACHILAS DAM)
(a) It is forbidden to ingest the blood of animals and birds, whether they
are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol
Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood,
whether it is of bird or of beast, in any of your settlements." (Vayikra
7:26). Because of this prohibition, slaughtered animals must be salted or
roasted over a fire to remove their blood before they can be cooked and
eaten.
(b) The blood of fish, locusts, Sheratzim (rodents or lizards), insects or
small crawling creatures, and humans is not included in the prohibition of
Dam. However, the blood of non-Kosher fish and locusts is prohibited because
it is a secretion of a non-Kosher creature. The blood of Sheratzim is also
prohibited because it is considered like their flesh. Human blood that has
become separated from the body is prohibited mid'Rabanan (Kerisus 22a).
(c) Blood of an animal may be eaten if it is still inside the raw flesh of
the animal as it was when the animal died or was slaughtered. Only when the
blood has been removed from its original location after the animal's death,
for example, by being cooked or boiled, does the blood become prohibited
(TOSFOS to Chulin 14a DH v'Nasvin).
(d) If a person ingests a k'Zayis of blood b'Mezid (intentionally) after
Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was
not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg
(unintentionally) he must bring a Korban Chatas (as with all sins for which
one is liable to Kares b'Mezid). If the blood did not pour from the animal's
major arteries but rather was inside the animal's limbs when it died (Dam
Eivarim) and was extracted afterward, the punishment of Kares does not
apply. If it dripped from a major artery after the main flow subsided (Dam
ha'Tamtzis), the Tana'im argue whether the punishment of Kares applies
(Kerisus 20b).
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