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Chulin 95

CHULIN 92-95 - 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.

1) WHEN IS A BUTCHER BELIEVED?

(a) A butcher (Reuven) said to Shimon 'Had you been friendly with me, I would have given you from a fattened ox I slaughtered yesterday.'
1. Shimon: I ate from the best part of it!
2. Reuven: Where did you get a part?
3. Shimon: From a Nochri that bought it from you.
4. Reuven: I slaughtered two fattened oxen yesterday, he bought the Tereifah.
(b) Version #1 (Rebbi): Just because Reuven acted improperly (he sold a Tereifah to a Nochri meat vendor), we will not forbid people to buy today from Nochrim (since most of the butchers are Yisraelim)! (Rashi; Tosfos - Just because Reuven acted improperly (he sold a Tereifah without announcing), we will not forbid people to buy from other Nochrim!)
(c) This is consistent with another teaching of Rebbi.
1. (Rebbi): When the butchers in the meat markets are Yisraelim, meat found by a Nochri is assumed to be Kosher.
(d) Version #2 (Rebbi): Just because (Reuven) wants to annoy Shimon (by pretending to have sold a Tereifah without announcing), we will not forbid people to buy today from Nochrim.
(e) Inference: If not that Reuven was trying to annoy Shimon, we would forbid people to buy today from Nochrim!
(f) Contradiction (Beraisa - Rebbi): When the butchers in the meat markets are Yisraelim, meat found by a Nochri is assumed to be Kosher.
(g) Answer: This case (if Reuven really sold a Tereifah) is different, for we know that there is Tereifah meat in the market.
2) MEAT THAT WAS NOT WATCHED
(a) (Rav): Meat that was (at least for a moment) not watched is forbidden.
(b) Question (Beraisa - Rebbi): When the butchers in the meat markets are Yisraelim, meat found by a Nochri is assumed to be Kosher.
(c) Answer: Meat found by a Nochri is different (we are not concerned that ravens switched it with meat from a place where most butchers are not Yisraelim.)
1. Question (Beraisa): If nine stores in the city sell slaughtered meat and one sells Neveilah, and a man is not sure from which he bought, the meat is forbidden;
2. If meat is found, we go after the majority.
(d) Answer: The meat was found by a Nochri.
(e) Question (Mishnah): If meat was found in a city:
1. If the majority of butchers are Yisraelim, we assume that it is Kosher; if not, it is Neveilah;
2. If cooked meat is found, we go after the majority of meat eaters.
3. Suggestion: Perhaps here also, the meat was found by a Nochri!
4. Rejection: If so, if it was cooked, we would not follow the majority!
i. If a Yisrael has it, it is Kosher; if a Nochri has it, it is not!
(f) Answer: The case is, Reuven saw a person drop the meat (he could not tell whether or not the person was a Yisrael.)
(g) Question (Mishnah): If meat was found outside Yerushalayim:
1. Whole limbs are assumed to be Neveilah (they are cast whole into the wasteheap), pieces are permitted.
2. Suggestion: Perhaps here also, the finder saw a person drop the meat.
3. Rejection: If so, we would not assume that a whole limb is Neveilah (it was not meant for the wasteheap!)
(h) Answer: Rav explains that the Seifa does not permit pieces to be eaten:
1. (Rav): The Seifa only says that pieces are not considered Neveilah (they are not Metamei, one who eats them is not lashed, but it is forbidden to eat them, since they were not under constant watch);
2. (Levi): Pieces may be eaten.
(i) Rav's law was not said explicitly, it was derived from something he said.
1. Rav saw a man washing a head in the river. It fell in; the man took a basket and scooped out two heads.
95b---------------------------------------95b

2. (Rav): We do not know from whom the other head fell, so both are forbidden.
3. Question (Rav Kahana): Perhaps the other head was also permitted!
4. Answer (Rav): It is more likely that it was forbidden.
(j) Question: What difference does it make whether or not Rav explicitly said his law? (k) Answer: Perhaps Rav only said this in a city where most butchers are Nochrim.
1. Support: Rav said that forbidden meat is more common.
(l) Question: According to Rav, how is one allowed to eat meat?
(m) Answer #1: It was watched from slaughter until it was eaten.
(n) Answer #2: It is wrapped and sealed, or there is a special Siman on it.
1. Rabah bar Rav Huna would cut his meat on three corners.
3) "NICHUSH"
(a) Rav went to visit his son-in-law; the ferry was coming towards him, he considered this to be an omen that he would have a pleasant lodging.
1. At the house, he looked through a crack in the door and saw hanging meat. Rav knocked, and everyone came; only Rav kept watching the meat.
2. Rav: (If not for me) would you feed my grandchildren Isur (forbidden food)?! Rav did not eat from the meat.
3. Question: But Rav kept watching it!
4. Version #1 - Rashi - Answer #1: He did not eat it, for this would be like Nichush (to fulfill the omen that he would have a good day.)
5. Objection: But Rav taught, only a (two-sided) Nichush (one says what he will do if the Siman he requests is fulfilled, and if it is not), like that of Eliezer (Eved Avraham) and Yonason (ben Sha'ul) is forbidden!
6. Version #2 - Radak (Shmuel 1:14) - Answer #1: He did not eat it because of Nichush (everyone had neglected the meat, this was a bad omen.)
7. Objection: But Rav taught, only a Nichush like that of Eliezer and Yonason is reliable! (End of Version #2)
8. Answer #2: Rather, Rav would only eat at a meal that is a Mitzvah.
(b) Rav would decide (whether or not to go) based on the ferry (if it came to greet him); Shmuel would decide based on Safra; R. Yochanan would ask a child which verse he is learning. (Rashi; Rambam - a good Siman would make them happy, but it is forbidden to act upon it.)
(c) When Rav was alive, R. Yochanan would address letters to him 'To our teacher in Bavel'; after Rav died, he would write (to Shmuel) 'To our colleague in Bavel'.
1. Shmuel wanted to show that also he was a Rebbi to R. Yochanan in some respect. He sent to him the times of the Molad (new moon) for the next 60 years.
2. R. Yochanan: That is mere calculations!
3. Shmuel sent him 13 camels laden with (Tosfos - 13 scrolls of) Safek Tereifos (Rashi - alternatively, the Safek (Tamei or Tahor) birds of Perek ha'Tereifos (62B).)
4. R. Yochanan: He is a Rebbi to me, I will visit him.
(d) R. Yochanan asked a child what verse he was learning; the child replied, "Shmuel died", so he did not go. (Kesef Mishnah - this is unlike Nichush that the Rambam forbids, for he asked about something in the past, i.e. whether or not Shmuel already died. Beis Yosef - it is forbidden only if one explicitly says that he acts according to the omen.)
1. Shmuel had not died - Hash-m did not want R. Yochanan to exert himself.
(e) (Beraisa - R. Shimon ben Elazar): Even though we don't act based on omens, we may act based on Simanim.
(f) R. Elazar: We may only act on it if it has worked three times - "Yosef is missing, Shimon is missing, if you will take Binyamin (every affliction will come upon me)".
4) "SIMANIM"
(a) Version #1 - Question (Rav Huna): If meat on a string was not watched, what is the law?
(b) Answer (Rav): Of course it is a Siman (that it is the same meat, it is permitted.)
(c) Version #2 (Rav Huna): Meat on a string is a Siman (it is permitted, even if it was not watched.) (end of Version #2)
(d) On Erev Yom Kipur, ravens dropped livers and kidneys.
(e) Rav Nachman: They are permitted - most meat slaughtered today is Kosher.
(f) R. Chiya bar Avin lost the end of the intestines. He did not have a Siman, but he recognized them.
(g) Rav Huna: They are permitted to you.
(h) R. Chanina Chuza'ah lost a back of meat. He did not have a Siman, but he recognized them; Rav Nachman permitted the meat.
(i) R. Noson bar Abaye lost Techeiles. He did not have a Siman, but he recognized them; Rav Chisda permitted him to use it (for Tzitzis.)
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