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Chulin, 19
CHULIN 19-20 - Two weeks of study material have been dedicated by Mrs.
Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the
merit of supporting and advancing Talmud study during the week of his
Yahrzeit serve as an Iluy for his Neshamah.
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1) HALACHAH: THE UPPERMOST POINT AT WHICH THE CUT OF "SHECHITAH" MAY BE
PERFORMED
OPINIONS: The Gemara concludes that "Hagramah" (slanting the cut above the
point that delimits the part of the neck upon which Shechitah may be
performed) occurs only when the cut is made from the "Shipuy Kova" -- the
slope of the "cap" (the thyroid cartilage) at the top of the rings of
cartilage -- and upwards. The Gemara says that this area of the neck is the
area referred to by the opinion that maintains that the Shechitah is valid
when part of the "Chiti" -- the two glands inside the "Taba'as ha'Gedolah"
(the cricoid cartilage, or the uppermost ring around the trachea) -- are
cut, as long as some of the glands are left uncut. (This is the explanation
of RASHI and most Rishonim here, who explain that even if the "Chiti" are
cut, the Shechitah is valid, as long as some of the "Chiti" remain above the
point at which the cut reached (that is, the "Shipuy Kova" is the upper
limit).
What is the Halachah regarding the upper limit of where the cut may be
performed?
(a) The SHULCHAN ARUCH (YD 20:1) records the Halachah as described above.
The REMA adds that, l'Chatchilah, the Shechitah should be performed below
the "Taba'as ha'Gedolah," the uppermost ring.
(b) However, the SHACH (YD 20:1) cites a number of Acharonim who are
stringent and invalidate the Shechitah if the cut extends even partially
beyond the uppermost ring (except in a case of a great monetary loss, in
which case they agree that one may rely on the lenient opinion). The Shach
explains that the reason for this stringency is that we are afraid that an
unknowledgeable Shochet will not realize that at least a small part of the
"Chiti" must remain uncut in order for the Shechitah to be valid, and he
will cut above the "Chiti." Due to this concern, we are stringent and
require that the Shechitah be done below the "Taba'as ha'Gedolah"
altogether, so that the cut does not come near the "Chiti."
2) CUTTING A MAJORITY OF THE "VESHET"
QUESTION: The Rabanan (Tana Kama) in the Mishnah (18a) maintain that the
even the smallest amount of "Hagramah" (slanting the cut above the point
that delimits the part of the neck upon which Shechitah may be performed)
above the permitted area for Shechitah invalidates the Shechitah. Rebbi Yosi
b'Rebbi Yehudah argues and maintains that as long as the majority of the cut
was done in the permitted area, and only a minority of the cut was done
above the permitted area, the Shechitah is valid.
Rav Huna in the name of Rav Asi explains that the Machlokes involves a case
in which the first third of the Shechitah was done with "Hagramah," and the
final two-thirds of the cut was done in the proper place. In a case in which
the first two-thirds of the cut was done properly, and the last third was
done with "Hagramah," both agree that the Shechitah is valid.
The Gemara attempts to bring support for Rav Asi's understanding of the
Machlokes from the Mishnah later (27a) that states, with regard to the
Shechitah of a bird, that even when only the majority of one Siman was cut,
the Shechitah is valid. This shows that it suffices to cut a majority in
order for the Shechitah to be valid ("Rubo k'Chulo"), and, consequently, if
the rest of the cut was done with "Hagramah," it is inconsequential. The
Gemara rejects this proof, saying that perhaps the Mishnah there is
expressing only the view of Rebbi Yosi b'Rebbi Yehudah, and not the view of
the Rabanan.
TOSFOS (DH Dilma) asks that the Gemara could have given a more basic answer
to the proof from the Mishnah later. The Gemara could have said that the
Mishnah there is referring to the *Veshet* (esophagus), while the subject of
the Mishnah here (18a) is the cutting of the Kaneh (trachea). The Rabanan do
not discuss the cutting of the Veshet at all, and perhaps the Rabanan agree
that cutting a majority of the Veshet suffices (while cutting a majority of
the Kaneh does not suffice). Why, then, does the Gemara say that the Mishnah
(27a) is expressing the view of Rebbi Yosi b'Rebbi Yehudah and not the
Rabanan?
REBBI AKIVA EIGER challenges this question of Tosfos. How can Tosfos suggest
that the Mishnah (27a) is discussing only the Veshet? The end of the Mishnah
there explicitly states, "[Cutting] the majority of one Siman (when
slaughtering a bird) or the majority of *two Simanim* (when slaughtering an
animal) is a valid Shechitah." The Mishnah clearly mentions *both* of the
Simanim, and not just the Veshet!
ANSWER: There are two ways to understand why cutting the majority of a Siman
(in the case of a bird) or a majority of the Simanim (in the case of animal)
constitutes a valid Shechitah. The first way to understand why a majority
suffices is that the Torah only requires that a majority (Rov) of the Siman
be cut in order for the Shechitah to be valid, and it does not require that
the entire Siman be cut.
The second way to understand why cutting a majority suffices is that it
works because of the principle of "Rubo k'Chulo." The Torah indeed requires
that the entire Siman be cut, but cutting a majority of the Siman is
considered like cutting the entire Siman, because of the principle of "Rubo
k'Chulo."
From the Gemara here, it is apparent that the reason why cutting a majority
of the Siman suffices is because of the rule, "Rubo k'Chulo." This is why
Rebbi Yosi b'Rebbi Yehudah cites *this principle* as proof to his ruling
that only the majority of the Shechitah must be below the "Taba'as
ha'Gedolah."
However, the principle of "Rubo k'Chulo" may only be applicable in the case
of a bird, where only one Siman is slaughtered altogether. The Torah
requires that the entire Siman of the bird ("Kulo") be cut, but cutting a
majority of the Siman is considered as though the entire Siman was cut
("Rubo k'Chulo"). In the case of an animal, though, perhaps it suffices to
cut the majority of the Siman *not* because of "Rubo k'Chulo," but because a
majority of the Siman is all that the Torah requires to be cut! In this
case, even the Rabanan who argue with Rebbi Yosi will agree that cutting a
majority suffices (since it has nothing to do with the principle of "Rubo
k'Chulo"). Only where the Torah requires "Kulo" do the Rabanan maintain that
Rov does not suffice.
The proof of the Gemara here is from the Mishnah (27a) that says, with
regard to the Shechitah of a bird, that "Rov of a Siman is like the entire
Siman," clearly expressing that the principle of "Rubo k'Chulo" applies to
the Shechitah of a bird. Consequently, the Mishnah's ruling that "Rubo
k'Chulo" indeed may be referring only the cutting of the *Veshet* of a bird,
and not the cutting of the *Kaneh* of a bird, and Tosfos' question is
justified! Although the Mishnah there also states that it suffices to
slaughter most of the *two* Simanim of an animal, that may not be because of
the principle of "Rubo k'Chulo," but rather because a majority of the
Simanim is all that the Torah requires to be cut when slaughtering an
animal. Hence, the Gemara cannot cite that part of the Mishnah as a proof
that Hagramah will not invalidate the Shechitah of a *bird* if the Hagramah
is performed during the final part of the cutting of the Kaneh, since the
Shechitah of a bird requires that the entire Siman be cut and it is only due
to the principle of Rubo k'Chulo that it suffices to cut most of the Siman.
(NEZER HA'KODESH of Rav Moshe Rosen) (Z. Wainstein)
19b
3) THE AMOUNT OF THE CUT OF "HAGRAMAH" THAT INVALIDATES THE "SHECHITAH"
OPINIONS: The Rabanan (Tana Kama) in the Mishnah (18a) maintain that the
even the smallest amount of "Hagramah" (slanting the cut above the point
that delimits the part of the neck upon which Shechitah may be performed)
above the permitted area for Shechitah invalidates the Shechitah. Rebbi Yosi
b'Rebbi Yehudah argues and maintains that as long as the majority of the cut
was done in the permitted area, and only a minority of the cut was done
above the permitted area, the Shechitah is valid.
Which opinion does the Halachah follow?
(a) RASHI (30b, DH Teiku) maintains that the Halachah follows the view of
the Rabanan. The Gemara there (30b) asks whether or not the Shechitah is
valid in a case in which the Shochet does "Chaladah" (he inserts the knife
into the middle of the thickness of the neck and cuts from there outwards)
on a minority of the Simanim. The Gemara does not resolve the question
("Teiku").
RASHI explains that the Gemara there is discussing a situation in which a
majority of the Simanim were slaughtered properly, and after the majority of
the Simanim were slaughtered, the Shochet did "Chaladah." RASHI infers from
the Gemara there that a mistake in the cutting that occurs even *after* most
of the Simanim have been cut properly invalidates the Shechitah, whether the
mistake is "Chaladah" or "Hagramah." This is in accordance with the view of
the Rabanan of the Mishnah here (18a), who maintain that even if a small
part of the cut of Shechitah was done with "Hagramah," the Shechitah is
invalid.
(b) The other Rishonim disagree with Rashi. They explain that the last bit
(a minority) of the cut of Shechitah can invalidate the Shechitah only
through "Chaladah" or "Shehiyah" (pausing in the middle of the cut). In
contrast, cutting a minority with "Hagramah" or "Ikur" (tearing out the
Simanim) cannot invalidate the Shechitah. Since the "Hagramah" cut was
*above* the area reserved for Shechitah, it cannot be considered part of the
Shechitah, and, therefore, it is considered as though one is cutting
ordinary meat and not performing Shechitah. ("Hagramah" invalidates the
Shechitah only when it is done *before* most of the Simanim are cut.)
Since the Gemara (18a) clearly concurs with the opinion of Rebbi Yosi
b'Rebbi Yehudah, it is clear that if the Shochet does "Hagramah" in the
final bit of the Shechitah, the Shechitah is still valid.
The RASHBA agrees with Rashi that "Hagramah" at the *beginning* of the
Shechitah invalidates the rest of the Shechitah (even if a majority of the
Shechitah was done without "Hagramah"; see 19a, "Lishna Acharina").
(c) The RAMBAN (in Milchamos) maintains that as long as an uninterrupted
majority of the Simanim were cut correctly, the Shechitah is valid, even if
that majority was the *last* two-thirds of the Shechitah.
(d) The RAMBAM, ROSH, and TUR rule that as long as the majority of the
entire Shechitah was done correctly, the Shechitah is valid. Even if the
first third was done correctly, the second third was done with "Hagramah,"
and the last third was done correctly, the Shechitah is still valid (since a
total of two-thirds of the Shechitah was done in the correct part of the
neck).
HALACHAH: The SHULCHAN ARUCH (YD 24:12-13) rules like the Rambam. The REMA
asserts that the custom is to be Machmir like Rashi. (Z. Wainstein)
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