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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Chulin 83
CHULIN 81-84 - Sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
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1) MULTIPLE LASHES FOR MULTIPLE TRANSGRESSIONS
(a) (Beraisa): If one ate two Gidim from two animals, he
receives 80 lashes; R. Yehudah says, only 40 lashes.
(b) Question: What is the case?
1. If he was warned, ate one, was warned, and ate the
other, R. Yehudah would agree that he gets 80
lashes!
(c) Answer: Rather, he ate them together, with only one
Hasra'ah.
1. Question: Who is the first Tana?
i. It is not Chachamim of Sumchus - they Mechayev
only 40 lashes even in a case of Gufim
Muchlakim, all the more so here!
2. Answer: Rather, it is Sumchus.
(d) Rejection: Really, he was warned separately before eating
each;
1. Above we said that R. Yehudah should also Mechayev
80 lashes - this assumed that each Gid was a
k'Zayis;
2. This is not the case.
i. (Beraisa): If one eats a full Gid that is less
than a k'Zayis, he is liable;
ii. R. Yehudah says, he is only liable if he eats a
k'Zayis.
2) WHEN ONE MUST BE CONCERNED FOR "OSO V'ES BENO"?
(a) (Mishnah): There are four times when one who sells an
animal must tell the buyer if he sold its mother or child
to be slaughtered that same day - Erev Simchas Torah,
Erev Pesach, Erev Shavu'os, Erev Rosh Hashanah.
1. R. Yosi ha'Galili adds Erev Yom Kipur in Galil.
2. R. Yehudah says, if the mother or child was sold the
previous day, he need not tell the buyer.
3. R. Yehudah says, if the mother was sold to a Chasan
and the child to his Kalah, he must inform the
latter buyer, for surely they intend to slaughter on
the same day.
(b) At these four times, one who paid for meat from an animal
(to be slaughtered) can force the butcher to slaughter
it, even if the animal is expensive and only a small
amount of meat was bought;
1. Therefore, if the animal dies, the buyer loses what
he paid (since he acquired part of the animal.)
(c) At other times, one cannot force the butcher to slaughter
it;
1. Therefore, if the animal dies, the butcher suffers
the loss himself (the animal still belongs to him.)
(d) (Gemara - Beraisa): If the seller didn't say anything,
the buyer may slaughter on the day he buys.
(e) (Mishnah): R. Yehudah says...
(f) Question: Why does he say 'the mother to the Chasan and
the child to the Kalah'?
(g) Answer: This teaches that it is proper that the Chasan
prepare more than the Kalah.
(h) (Mishnah): At these four times...
(i) Question: The buyer only gave money - how did he acquire
part of the animal without Meshichah (pulling it to his
property?)
(j) Answer #1 (Rav Huna): The case is, he did Meshichah.
(k) Objection: If so, we should always force the butcher to
slaughter, and the buyer should lose if the animal died!
(l) Answer #2 (Rav Shmuel bar R. Yitzchak): Really, the buyer
did not do Meshichah; rather, someone else acquired on
behalf of the buyer (without being asked to do so.)
1. At the four times, it is Zechus (advantageous) to
buy meat, therefore someone else can acquire for the
buyer, even if the buyer did not request it in
advance (as long as he agrees later);
2. At other times, it is Chov (disadvantageous) for the
buyer, the acquisition works only if the buyer
requested in advance.
(m) Answer #3 (R. Elazar): At these four times, Chachamim
lifted their enactment, and allowed money to acquire
(meat):
1. (R. Yochanan): Mid'Oraisa, money acquires
Metaltelim; Chachamim said that Meshichah works (and
not money), lest a fire erupt in the seller's
premises, and the seller will be sloth to save what
he sold.
3) WHEN THE DAY STARTS
(a) (Mishnah): (Regarding Oso v'Es Beno,) the day starts at
night.
(b) R. Shimon ben Zoma says, it says "One day", regarding
creation and Oso v'Es Beno;
1. Just like the days of creation start at night, also
regarding Oso v'Es Beno.
(c) (Gemara - Beraisa - R. Shimon ben Zoma): Oso v'Es Beno is
written in the Parshah of Kodshim, in Kodshim the day
starts in the morning;
1. One might have thought, also for Oso v'Es Beno the
day starts by morning - therefore, it says "One
day", like it says regarding creation, to teach that
it starts at night.
83b---------------------------------------83b
2. Rebbi says, "One day" refers to a special day that
must be announced;
3. This is the source that one who sells an animal at
one of the four times must tell the buyer if he sold
its mother or child.
***** PEREK KISUY HA'DAM *****
4) "KISUY HA'DAM" OF "KODSHIM"
(a) (Mishnah): Kisuy ha'Dam (the Mitzvah to cover blood of
slaughter) applies in Eretz Yisrael and Chutz La'aretz,
when the Mikdash stands and when it does not,
1. It applies to Chulin, not to Kodshim;
2. It applies to fowl and Chayos, whether or not they
belong to the slaughterer;
3. It applies to a Koy, because we are in doubt if it
is a Chayah;
i. One should not slaughter a Koy on Yom Tov; if
it was slaughtered, we do not do Kisuy.
(b) (Gemara) Question: Why doesn't it apply to Kodshim (i.e.
Melikah of Korbanos ha'Of, which is in place of
slaughter)?
(c) Suggestion: It does not apply because of R. Zeira's law:
1. (R. Zeira): "He will cover it *in* dirt" - this
teaches that dirt must be put below (so the blood
falls on in) and above (after the blood fell.)
2. This cannot be done for Melikah (which is done on
the Mizbe'ach!)
i. If the dirt will be left permanently on the
Mizbe'ach, it will be Batul to (and considered
part of) the Mizbe'ach, and the Mizbe'ach will
be too big - "Ha'Kol bi'Chsav mi'Yad Hash-m
Alai Hiskil" (Hash-m specified the size of
everything in the Mikdash!)
ii. If the dirt will be removed later, it would be
considered an interruption between the blood
and the Mizbe'ach!
(d) Question: Even if the blood cannot be covered from below,
it can be covered above!
1. (Beraisa - R. Yonason ben Yosef): If a Chayah was
slaughtered and a Behemah was slaughtered over it
(and its blood fell on the Chayah's blood), no other
cover is needed;
2. If a Behemah was slaughtered and a Chayah was
slaughtered over it, the (Chayah's) blood must be
covered.
(e) Answer: Since Dam Kodshim cannot be covered from below,
there is no Mitzvah to cover it above.
1. (R. Zeira): If a Minchah could have been mixed,
mixing is not Me'akev; if it could not have been
mixed, (e.g. it is too big), mixing is Me'akev (i.e.
it is Pasul.)
(f) Question: We should scrape the blood off the Mizbe'ach,
then cover it!
1. (Mishnah): Blood that spurted far away and blood on
the knife must be covered.
i. One must scrape the blood off the knife to
cover it - likewise, we should scrape the blood
off the Mizbe'ach!
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