12th Cycle dedication

CHULIN 115 (Hoshana Raba) - dedicated by Gedalliah Jawitz in honor of the Yahrzeit of Yehuda ben Simcha Volf Jawitz.

[115a - 24 lines; 115b - 47 lines]

***************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 115b [line 11]:

the words "Kadesh bi'Venei Yisrael"

should be "Kadesh mi'Benei Yisrael"

[2] Gemara 115b [last line]:

*Ela* Amar Lei Rav Mordechai ...

It appears from Rashi DH v'Lifroch... Ka Salka Da'atach... that the word "Ela" was not in his Gemara (which makes the Gemara read better)

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1)[line 1] MA'ASEH SHABBOS- something that was produced on Shabbos by transgressing one of the 39 forbidden Melachos (categories of creative acts), such as a dish that was cooked on Shabbos (Chulin 15a-b; the Mishnah (Daf 14a) follows the opinion of Rebbi Yehudah, who rules with regard to cooking that even intentional transgression only prohibits the food to the sinner who cooked it; others are permitted to eat it on Motza'ei Shabbos, after waiting "biChedei she'Ya'asu" - the time that it would have taken to prepare it on Motza'ei Shabbos)

2)[line 2]"[ ] ...""[U'SHEMARTEM ES HA'SHABBOS] KI KODESH HI LACHEM ..."- "[And you shall keep the Shabbos] for it is holy to you" (Shemos 31:14) - The Gemara stresses that it (the Shabbos) is holy to you, not the items that were produced by desecrating it. As such, even though desecrating Shabbos is a To'eivah, it is permitted to eat or benefit from Ma'aseh Shabbos.

3)[line 3] CHORESH B'SHOR UVA'CHAMOR

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see below, entry #6), Kil'ei Zera'im (see Background to Chulin 114:25) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see Background to Chulin 114:7), and Charishah b'Shor va'Chamor (see below). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Charishah b'Shor va'Chamor.

(b)Charishah b'Shor va'Chamor refers to the prohibition of doing any type of Melachah (work) with two different types of animals, as the Torah states "Lo Sacharosh b'Shor uva'Chamor Yachdav" (Devarim 22:10). Doing an act of driving or riding two different types of animals together is included in the definition of Melachah. One who intentionally transgresses this prohibition is liable to Malkus.

1.Some rule that the Torah prohibition applies to doing work with any two types of animals together (see Mishnah Kil'ayim 8:2, and Rishonim). The RAMBAM (Peirush ha'Mishnayos ibid., Hilchos Kil'ayim 9:7), however, rules that the Torah only prohibits doing work with one kosher and one non-kosher animal together, such as a bull and a donkey (Shor v'Chamor). The Rabanan prohibited doing work with any two types of animals, even if they are both kosher or both non-kosher.

4)[line 4] CHOSEM PI PARAH V'DASH BAH (LAV D'CHASIMAH)

(a)The Torah grants beasts of burden the right to eat the produce with which they are working in certain situations (Devarim 25:4). First, the produce must be a product of the earth.

(b)Next, if the produce is attached to the ground, it must be in the final stages of preparation, i.e. when it is being picked. If it is already cut from the ground, it must not have reached the final stage of preparation for which it is normally grown, which is the time when Ma'aser (see Background to Chulin 68:20) or Chalah (see Background to Chulin 104:6:a-d) must be taken.

(c)If someone muzzles a bull when it is threshing grain, he violates the commandment of "Lo Sachsom Shor b'Disho" (Devarim 25:4). This negative commandment applies to all animals that work, subject to the stipulations above (a-b).

5)[line 6] KIL'EI ZERA'IM

See Background to Chulin 114:25.

6)[line 8] KIL'EI HA'KEREM

(a)The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see below), Kil'ei Zera'im (see Background to Chulin 114:25) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see Background to Chulin 114:7), and Charishah b'Shor va'Chamor (see above, entry #3). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to Kil'ei ha'Kerem. Of the many different types of Kil'ayim, only Kil'ei ha'Kerem is Asur b'Hana'ah.

(b)Kil'ei ha'Kerem refers to the prohibition of sowing vegetables or grains in a vineyard, as the Torah states, "Lo Sizra Karmecha Kil'ayim, Pen Tikdash ha'Melei'ah ha'Zera Asher Tizra u'Sevu'as ha'Karem" - "You shall not sow your vineyard with other species, lest the fruit of the seed which you have sown, and the fruit of the vineyard, be forfeited" (Devarim 22:9). According to some Tana'im, even if one finds other crops growing in his vineyard and does not remove them, he transgresses this prohibition (Makos 21b). One who intentionally transgresses this prohibition is liable to receive Malkus.

1.Many Tana'im maintain that the prohibition of Kil'ei ha'Kerem forbids planting any vegetable or grain in a preexisting vineyard, as well as sowing grape seeds together with any vegetable or grain. However, Rebbi Yoshiyah rules that the prohibition of Kil'ei ha'Kerem only applies to sowing grape seeds along with wheat and barley kernels in the same throw of a hand (Berachos 22a). According to this view, one who plants grapes, wheat and barley in such a manner transgresses both the prohibition of Kil'ei ha'Kerem and the prohibition of Kil'ei Zera'im (see Background to Chulin 114:25; Tosfos to Kidushin 39a DH Lo).

2.It is even prohibited to plant vegetables or grains outside of a vineyard in close proximity to it. Such plants must be planted at least 6 Tefachim away from a single grapevine and at least four Amos away from a vineyard. A wall is considered a sufficient separation such that the vineyard and the vegetables or grains may be planted next to the wall on either side. ("Vineyard," in this respect, refers to at least five grapevines, planted in a formation of two parallel rows of two with a fifth vine between (and behind) the two rows see Background to Sotah 43:29). The grapevines and the vegetables or grains that grow in a vineyard that has been planted with Kil'ei ha'Kerem are prohibited to be eaten. They must be burned, as the Torah states, "Pen Tikdash ha'Melei'ah...," which the Gemara translates as, "lest the produce (of that vineyard) have to be burned ('Tukad Esh')" (RAMBAM Hilchos Kil'ayim 5:7). The amount of growth that causes them to be prohibited is when the grapevines, vegetables or grains grow more than one part in 200 of their previous, permitted growth.

3.Although the Torah only prohibits Kil'ei ha'Kerem in Eretz Yisrael, as with any other Mitzvos ha'Teluyos ba'Aretz, the Rabanan prohibited it in Chutz la'Aretz as well (Kidushin 38b).

(c)If Kil'ei ha'Kerem or Orlah (see below, entry #21) falls into or is otherwise mixed with permitted food and there were 200 parts of permitted food to one part Kil'ei ha'Kerem, the entire mixture is permitted to be eaten. If it falls into or is otherwise mixed with less than 200 parts of permitted food, the entire mixture is prohibited. (RAMBAM Hilchos Ma'achalos Asuros 15:14)

7)[line 12]"... , ...""... BEHEMTECHA LO SARBI'A KIL'AYIM, SADECHA LO SIZRA KIL'AYIM ..."- "... you shall not crossbreed your animals, you shall not sow your field with different species ..." (Vayikra 19:19) - The results of crossbreeding are permitted to use, even though it is prohibited to perform the act of crossbreeding (see Background to Chulin 114:7).

8a)[line 16]L'GAVO'AH- for Hekdesh purposes (lit. for On High)

b)[line 16]L'HEDYOT- for a private person

9)[line 18] SHILU'ACH HAKEN

It is forbidden to take a mother bird that is sitting on its nest together with the eggs or baby birds; rather, one must first send the mother away as prescribed in Devarim (22:7).

10)[line 19]L'TAKALA- to be a stumbling block

11)[line 21] , [, , .]""AL TOCHLU MIMENU NA, U'VASHEL MEVUSHAL [BA'MAYIM, KI IM TZELI ESH, ROSHO AL KERA'AV V'AL KIRBO.]"- Do not eat it raw, nor cooked [in water, but only roasted [in its entirety] in fire, [including] its head, feet and innards.]" (Shemos 12:9) - Reish Lakish draws on the double wording of "Bashel Mevushal."

115b----------------------------------------115b

12)[line 1] ?!KE'URAH ZO SHE'SHANAH REBBI?!- Is what Rebbi taught implausible (lit. ugly)?!

13)[line 1]" , [ .]""LO TOCHALENU, [AL HA'ARETZ TISHPECHENU KA'MAYIM.]"- "Do not eat it (the blood of Pesulei ha'Mukdashin), [rather, spill it on the ground like water.]" (Devarim 12:24) - Even though our Gemara (and the Sifri) and Rashi interpret this verse as referring to Pesulei ha'Mukdashin, other Sugyos (and Rashi in his Peirush Al ha'Torah) interpret it as referring to Basar Ta'avah see RASHASH.

14)[line 5] DAVAR HA'LAMED ME'INYANO

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. These methods made it possible to present the Written Word in a compact form, from which the Oral Law could be interpreted by means of application of these rules. One of them is Davar ha'Lamed me'Inyano.

(b)"Davar ha'Lamed me'Inyano" means "a topic that is understood from its context." Upon inspection of the verses adjacent to the verse in question, it is possible to resolve a doubt about the interpretation of that verse.

15)[line 6] SHNEI MININ - two types (PESULEI HA'MUKDASHIN)

(a)Pesulei ha'Mukdashin are Korbanos that became unfit to be offered upon the Mizbe'ach because of a Mum (blemish). After they are redeemed, it is still forbidden to work with them ("Avodah") or to shear them ("Gizah"). The milk they produce is also forbidden. They are only permitted to be eaten after being slaughtered (Bechoros 15b).

(b)The Mishnah in Bechoros (5:1) states that Pesulei ha'Mukdashin may be sold in the marketplace and weighed with a Roman Libra, a pound. These acts are normally considered unfitting for Kodshim, and are prohibited to be done to a Bechor (see Background to Chulin 17:39).

(c)Pesulei ha'Mukdashin that are redeemed are termed "Shenei Minin" - "two types" by our Gemara since they contain two opposing Halachos: they are permitted to be eaten like Chulin but they are prohibited from being shorn or having work done with them like Kodshim.

16)[line 10]"... ' ...""... KI AM KADOSH ATAH LASH-M [ELOKECHA] ..."- "... for you are a holy nation to HaSh-m [your G-d] ..." (Devarim 14:21)

17)[line 11]"... .""... V'LO YIHEYEH KADESH (BI'VNEI) [MI'BNEI] YISRAEL."- "... there shall be no licentious man among the sons of Yisrael." (Devarim 23:18)

18)[line 13]" ...""LO SOCHELU CHOL NEVEILAH ..."- "Do not eat any animal that died without a proper ritual slaughter ..." (Devarim 14:21)

19)[line 15]" " ' "LO SEVASHEL GEDI BA'CHALEV IMO" SHELOSHAH PE'AMIM- "Do not eat a kid boiled in its mother's milk" [is written] three times [in the Torah]: 1. Shemos 23:19; 2. Shemos 34:26; 3. Devarim 14:21.

20)[line 20]" , ...""V'ANSHEI KODESH TIHEYUN LI, U'VASAR BA'SADEH TEREIFAH LO SOCHELU ..."- "And you shall be holy men to Me (for My sake), and you shall not eat any meat that is torn [by the beasts] in the field ..." (Shemos 22:30)

21)[line 24]ORLAH

(a)In the first three years after a fruit tree is planted, its fruits are called Orlah and are Asurim b'Hana'ah, as it states in Vayikra 19:23.

(b)If a person eats a k'Zayis of Orlah fruit, he receives Malkus. If he derives benefit from Orlah (or any other food that is Asur b'Hana'ah), according to most Rishonim he is punished with Malkus (TOSFOS Chulin 120a DH Ela), while according to others, he is only punished with Makas Mardus, a Rabbinic institution of Malkus (RAMBAM Hilchos Ma'achalos Asuros 8:16 see also Mishneh l'Melech to Hilchos Yesodei ha'Torah 5:8).

(c)Although it is forbidden to benefit from fruits of Orlah, if one transgresses and sells the fruits, the money that he receives in return is not forbidden, as the Gemara teaches (Menachos 69b).

22)[line 27] SHE'AS HA'KOSHER- a time that it was permitted

23)[line 27] CHAMETZ B'PESACH

(a)The Torah (Shemos 12:15; 12:19; 13:7) commands the Jewish people to be Meva'er Chametz, to rid themselves of all of their Chametz (leavened dough products) before the holiday of Pesach, when owning such items is prohibited. On Pesach, it is prohibited to eat Chametz or to derive any benefit from it.

(b)As a preventative measure, Chazal instituted Bedikas Chametz (checking for Chametz) on the night before the 14th of Nisan, Erev Pesach (Pesachim 2a). The Rishonim argue as to whether Bedi'kas Chametz was instituted in order to prevent transgressing the prohibition of possessing Chametz on Pesach, or to prevent one from being tempted to eat it if Chametz is found on Pesach.

24)[line 29]KARES

(a)Some sins are so severe that they are punished with untimely death. There are two types of untimely death that are used as heavenly punishments: Kares, and Misah b'Yedei Shamayim. Kares means "being severed" from the world and dying before one's time. Misah b'Yedei Shamayim means "death at the hands of heaven." These punishments are not administered by the courts, but through divinely administered justice.

(b)One who deliberately transgresses a commandment that is punishable with either Kares or Misah b'Yedei Shamayim is punished even if there are no witnesses to his act, and even if he was not warned at that time of his transgression that his violation will result in his untimely death.

(c)For a discussion of the differences between Kares and Misah b'Yedei Shamayim, see Background to Menachos 27:39.

25)[line 29] KIL'EI HA'KEREM

See above, entry #6.

26)[line 35] CHORESH B'SHOR UVA'CHAMOR

See above, entry #3.

27)[line 36] CHOSEM PI PARAH V'DASH BAH

See above, entry #4.

28)[line 39] , V'LIHADER DINA, V'LEISEI B'MAH HA'TZAD - [when we cannot learn Basar b'Chalav from Chametz b'Pesach] let our argument return to learn it from Orlah, and let us learn a common property of Orlah and Chametz (TZAD HA'SHAVEH)

See Background to Chulin 114:15.

29a)[line 41]" " "MAH HA'TZAD" MI'GUFO PARCHINAN- we can refute a "Mah ha'Tzad" analogy by showing that the two sources have a common point that is not shared by the Halachah that we are trying to learn

b)[line 42] ME'ALMA LO PARCHINAN- we cannot refute a "Mah ha'Tzad" analogy from a remote source, by showing that elsewhere there is a topic that shares a common point with the two sources but does not contain the Halachah we are trying to learn from the analogy

30)[line 45] " " KOL "MAH HA'TZAD" PARCHINAN KOL D'HU- we can refute any "Mah ha'Tzad" analogy by finding any point that the sources (Orlah and Chametz) share that distinguishes them from the Halachah that is trying to be learned (Basar b'Chalav), even if that point is not a stringency or leniency

31)[line 45]" " ( ) ; "LO IM AMART" (CHADA ME'CHADA) KAL VA'CHOMER PARCHINAN; KOL D'HU LO PARCHINAN- if we want to refute the teaching of one subject (Basar b'Chalav) from another (Kil'ei ha'Kerem) and we say "Lo! Im Amart..." - "No! If you find this Halachah in the first subject it is because it has a certain quality that the second subject does not have," then we must find a stringency (or leniency; depending upon what we are trying to learn from it) that the first subject has which is not shared by the second subject; we cannot refute the teaching by finding any point that the first subject has that distinguishes it from the Halachah that is trying to be learned

32)[line 46] V'LIFROCH L'CHULHU- [since we are trying to learn from all three together (Orlah, Chametz and Kil'ei ha'Kerem), which is like Mah ha'Tzad,] let us refute our argument by finding any point that they all have in common (even if it is not a stringency or leniency) that distinguishes them from the Halachah that is trying to be learned (Basar b'Chalav)

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