CHULIN 31-43 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[39a - 41 lines; 39b - 45 lines]

1)[line 4]השוחט את הבהמה לזרוק דמה לעבודת כוכבים ולהקטיר חלבה לעבודת כוכביםHA'SHOCHET ES HA'BEHEMAH LI'ZROK DAMAH LA'AVODAS KOCHAVIM UL'HAKTIR CHELBAH LA'AVODAS KOCHAVIM- one who slaughters an animal (not for the sake of idolatry) with the intention that he will cast its blood or burn its fat for idolatry

2)[line 7]מחשבין מעבודה לעבודה, וילפינן חוץ מפניםMECHASHVIN ME'AVODAH L'AVODAH, V'YALFINAN CHUTZ MI'PENIM

(a)"Mechashvin me'Avodah l'Avodah" means that a Korban is disqualified if the Kohen offering it performs one Avodah properly while intending to perform a future Avodah improperly (such as for idolatrous purposes).

(b)"Yalfinan Chutz mi'Penim" means that we may apply the laws of the sacrifices to the laws of idolatry, e.g. the laws of Pigul, in which a sacrifice is disqualified if the Kohen slaughtered the animal with the intention that the meat be eaten after its allotted time (see Background to Chulin 38:22:I)

3)[line 10]אזדו לטעמייהוAZDU L'TA'AMAIHU- and they (Rebbi Yochanan and Rebbi Shimon ben Lakish) each follow their own reasoning elsewhere

4)[line 38]הוא מותיב לה, והוא מפרק להHU MOSIV LAH, V'HU MEFAREK LAH- he asked the question, and he himself answered it

5)[line 39]ארבע עבודותARBA AVODOS (MACHSHAVAH: 4 AVODOS)

(a)Offering a Korban is comprised of four main actions. These four "Avodos" are Shechitah (slaughtering), Kabalas ha'Dam (collecting the blood of the Korban that will be cast on the Mizbe'ach), Holachah (carrying the blood towards the Mizbe'ach) and Zerikah (casting the blood on the Mizbe'ach).

(b)Rav Sheshes explains that Rebbi Yochanan will learn Rebbi Yosi's Kal va'Chomer as follows: If, with regard to Kodshim, where improper intentions invalidate the four Avodos, the animals are only invalidated by the person who performs the Avodah, so, too, with regard to Avodah Zarah, where improper intentions do not invalidate four Avodos (but only two of them, Shechitah and Zerikah), it follows that the animals are only prohibited by the person who performs these Avodos (and the Nochri owner cannot invalidate the Shechitah).

39b----------------------------------------39b

6)[line 2]שתי עבודותSHTEI AVODOS (CHULIN SHE'NISHCHETU LA'AVODAS KOCHAVIM: SHTEI AVODOS)

Performing two of the four Avodos, Shechitah and Zerikah, with idolatrous intentions cause the animals to become Asurim b'Hana'ah (it will be prohibited to benefit from them). These two Avodos are the ones explicitly mentioned in the verses. The verse with regard to Shechitah states, "One who slaughters to the false gods, other than to HaSh-m Himself, shall be completely destroyed" (Shemos 22:19). The verse with regard to Zerikah states, "And for those who choose another god... their libations of blood I will not offer" (Tehilim 16:4).

7)[line 7]קיסריKEISARI- Caeseria, a port city built by Herod, located between Tel Aviv and Haifa (see Background to Megilah 6:31:b), seat of the Roman government in Eretz Yisrael

8)[line 12]הוכיח סופו על תחלתוHOCHI'ACH SOFO AL TECHILASO- what occurs later, at the end, proves what [his intention] was at the beginning

9)[line 19]הבריאHA'BARI- a healthy man

10)[line 19]רצה לשחק בהRATZA L'SACHEK BAH- he wanted to fool her, to taunt her (since a healthy man cannot appoint an agent to give his wife a Get (bill of divorce) unless he states "Kisvu u'Senu Get l'Ishti" - "Write and give a Get to my wife," and this husband merely stated "Kisvu")

11a)[line 22]אם מעצמו נפלIM ME'ATZMO NAFAL- if he fell on his own (he committed suicide)

b)[line 22]אם הרוח דחתוIM HA'RU'ACH DACHATU- if the wind pushed him off

12)[line 23]והוינן בהV'HAVINAN BAH- and we ask about it

13)[line 30]הכותב נכסיו לאחריםHA'KOSEV NECHASAV L'ACHERIM- one who bequeaths his possessions to others (i.e. and not to his next-of-kin)

14)[line 30]ואמר הלהV'AMAR HALAH- and the other person (i.e. the recipient of the gift) said

15)[line 31]אי אפשי בהןIY EFSHI BAHEN- I do not want them

16)[line 31]רבו שניRABO SHENI- his (i.e. their, the slaves') second owner (i.e. the recipient of the gift)

17)[line 34]אפילו עומד וצווח?AFILU OMED V'TZOVE'ACH?- Even if he stands up and shouts in protest?

18)[line 34]בצווח מעיקראB'TZOVE'ACH ME'IKARA- When he was shouting/protesting from the beginning (when the benefactor gave him the Shtar granting him the gift)

19)[line 35]שזיכה לו ע''י אחרSHE'ZIKAH LO AL YEDEI ACHER - he granted [the gift] to him by way of [giving the Shtar to] someone else [in front of him - RASHI] (ZACHIN L'ADAM)

(a)When a person buys or sells an object, or marries or divorces a woman, he must make a Ma'aseh Kinyan (a formal Halachically-binding act denoting the change in status - see Background to Avodah Zarah 71:9). This act may be performed by the Shali'ach (agent) of the person who makes the Kinyan instead of the person himself.

(b)When the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach even though he was not actually appointed a Shali'ach to do so. This act is called Zachin l'Adam she'Lo b'Fanav. The Rishonim argue as to how "Zachin" works. Some state that there is an "Anan Sahadei" (lit. "we are witnesses," - i.e. it is as clear to us as if he stated it himself) that the person would have made him a Shali'ach in this case (RASHI to Gitin 9b DH Yachzor, TOSFOS to Kesuvos 11a DH Matbilin). Other Rishonim claim that "Zachin" does not work through a vehicle of Shelichus at all, since it also works for minors who Halachically cannot appoint Shelichim. Rather, the Torah created a new law called "Zachin..." that allows one person to acquire an object for another person in such cases (RASHBA and RITVA to Kidushin 23b - see Insights there; RAN to Kidushin 42a; this may be an argument among the Tana'im in Bava Basra 156b).

20)[line 36]מדשתיק, קננהוMID'SHASIK, KANINHU- because he remained silent, he acquired them

21)[line 36]מיהדר קא הדר ביהMIHADAR KA HADAR BEI- [he is protesting now because] he changed his mind [and does not want to receive them]

22)[line 38]כי לא אתי לידיהKI LO ASI L'YADEI- when they have not yet arrived in my hand

23)[line 39]הנהו טייעיHANHU TAI'EI- those Yishmaeli merchants (who only eat meat that has been ritually slaughtered. Even if it dies first, they will have the animal slaughtered before they eat from it)

24)[line 39]דאתו לציקוניאD'ASU L'TZIKONYA- who came to Tzikonya, a town in Bavel

25)[line 39]יהיב דיכרי לטבחי ישראלYAHIV DICHREI L'TABACHEI YISRAEL- they gave rams to Jewish butchers

26a)[line 40]דמא ותרבא לדידןDAMA V'SARBA L'DIDAN- the blood and the Chelev (forbidden fat) will be ours (for idolatrous purposes)

b)[line 40]משכא ובישרא לדידכוMASHCHA U'VISRA L'DIDCHU- the hide and the meat will be yours

27)[line 43]יהיב ליה זוזא לטבח ישראלYAHIV LEI ZUZA L'TABACH YISRAEL- when a Nochri gives a Zuz coin to a Jewish butcher [to buy a share of meat in an animal that he will slaughter]

28)[line 43]אי איניש אלמא הואIY INISH ALAMA HU- if he (the Nochri) is a strongman

29)[line 44]רישיך והרREISHEICH V'HAR- he can say to him "your head and the mountain," i.e. bang your head against the mountain, if you do not want to accept your coin back (so that the Nochri will not have any monetary share in the animal)

30a)[last line]הריםHARIM- mountains (themselves, as opposed to the angel that is in charge of the mountains)

b)[last line]גבעותGEVA'OS- hills (themselves, as opposed to the angel that is in charge of the hills)

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