1)

A NEEDLE IN THE BEIS HA'KOSOS

(a)

(Mishnah): The Masas or the Beis ha'Kosos (these are intermediate stomachs) was punctured...

(b)

(Beraisa): If a needle was found in the wall of the Beis ha'Kosos:

1.

If the wall is punctured on one side, it is Kosher. If it is punctured on both sides, it (the animal) is Tereifah.

2.

If a drop of blood is found, it was punctured before Shechitah.(It is Tereifah.) If no blood is found, it was punctured after Shechitah. (It is Kosher.)

(c)

(If Reuven bought this animal, if it was already Tereifah, it was Mekach Ta'os (a mistaken sale. He returns the carcass and gets his money back.) If a scab formed, the puncture was at least three days before the Shechitah;

1.

If no scab formed, Reuven must prove that it was Tereifah when he bought it.

(d)

Question: Why is this different than other punctures? They are Tereifah even if blood is not found!

(e)

Answer: If there is nothing for the blood to stick to, it is washed away. (We assume that there was blood before Shechitah.) Here (if it was before Shechitah), the blood would stick to the needle.

(f)

Rav Safra (to Abaye): Did you see this Chacham from the west (Eretz Yisrael)? He said that his name is Rav Avira, and he said that a case came in front of Rebbi of a needle found with one end in the wall of the Beis ha'Kosos, and he declared it Tereifah!

1.

Abaye called for Rav Avira to come; he did not come. Abaye went to him; he was on the roof. Abaye told him to descend; he did not descend. Abaye ascended to him, and asked him to hear the exact story.

2.

Rav Avira: I used to get the Talmidim to enter and leave the Beis Midrash in front of Rebbi. Rav Huna of Tzipora'ah and R. Yosi of Madau were in front of him, and a case came in front of Rebbi of a needle found with one end in the wall of the Beis ha'Kosos.

i.

He turned the Beis ha'Kosos inside out and found a drop of blood on the needle and declared it Tereifah.

ii.

Rebbi: If there was no wound, from where would there be blood? (Surely, the needle had gone all the way through, and later, it moved back.)

3.

Abaye: He exerted me [to come to him] for nothing! Our Mishnah teaches this - ... if the Masas (a middle stomach) or the Beis ha'Kosos (the connection between the Keres and Masas) was punctured externally (it is Tereifah).

2)

CONCERN LEST LIMBS WERE CRUSHED

(a)

(Mishnah): If it fell from the roof...

(b)

(Rav Huna): If one left an animal on the roof, and later he finds it on the ground, we are not concerned lest (it fell, and) limbs were crushed. (Rather, we assume that it jumped.)

(c)

Ravina'a goat was on the roof. It looked through an opening in the roof and saw barley on the floor (in the house) and jumped to the floor.

(d)

Question (Ravina): Why is Rav Huna not concerned when it jumped from the roof?

1.

If it is because an animal drags its forelegs on the wall to soften the fall, here, there was nothing to grasp, so we are concerned!

2.

If it is because an animal would not jump unless it estimated that it can survive the fall, here also, we are not concerned.

(e)

Answer (Rav Ashi): The latter reason is correct.

(f)

A sheep in Rav Chaviva's house was dragging its hind legs.

1.

Rav Yeimar: This is due to a leg sickness. It is Kosher.

(g)

Question (Ravina): Perhaps it is because the spinal cord snapped, and it is Tereifah!

1.

They checked it. Indeed, the spinal cord had snapped.

(h)

Nevertheless, the Halachah follows Rav Yeimar. Leg sicknesses are common, but a snapped spinal cord is not. (Therefore, one need not check.)

(i)

(Rav Huna): We are not concerned about rams that collide (and batter each other at the horns, lest their limbs were crushed);

1.

Even if they are in pain, this is merely a fever.

2.

If the animal fell to the ground, we are concerned.

(j)

(Rav Menasheh): If a thief dropped rams over the wall, we are not concerned lest their limbs were crushed.

1.

This is because the thief drops them gently on their legs, so that they will be able to run.

(k)

If the thief dropped them over the wall again to return them, surely we are concerned!

1.

This is only if he returned them due to fear of being caught. (Perhaps he did not drop them gently.)

2.

If he returns them to repent, we are not concerned. Surely, he wants to repent properly!

(l)

(Rav Yehudah): If one hit an animal with a staff from the head to the tail, or from tail to head, since the entire backbone was hit, the blow was not intense in any one place. We are not concerned for crushed limbs.

1.

If the end of the staff reached to the middle of the backbone, or if there are protrusions in the staff, we are concerned.

3)

CONCERN LEST LIMBS WERE CRUSHED (cont.)

(a)

(Rav Nachman): We are not concerned lest limbs of a newborn animal were crushed during the birth.

(b)

Support #1 (Rava - Beraisa): Even a one day old baby can become a Zav (due to emissions from his Ever).

51b----------------------------------------51b

1.

If we were concerned lest limbs are crushed in birth, we would attribute the emission to the birth. One becomes a Zav through "(emissions) from his flesh", but not due to emissions due to Ones (another cause).

(c)

Rejection: Perhaps only a baby born through Yotzei Dofen (Caesarean section) can become a Zav (for it is not pressured during birth.)

(d)

Support #2 (Beraisa): A calf born on Yom Tov may be slaughtered (and eaten) that same day.(When there is concern lest limbs were crushed, one must wait 24 hours before slaughtering.)

(e)

Rejection: The case is, it was a Yotzei Dofen.

(f)

Support #3 (Beraisa): All agree that if a Bechor was born blemished (on Yom Tov), it is Muchan (prepared, i.e. not Muktzeh. It may be slaughtered that day.)

1.

Suggestion: Perhaps this is only if it was a Yotzei Dofen, so this is no support.

2.

Rejection: If so, even if it was unblemished, it would not be Kodesh!

3.

(R. Yochanan): R. Shimon (who says that the Tum'as and Korban Yoledes apply to a Yotzei Dofen birth) agrees that a Yotzei Dofen (animal) cannot be a Korban.

(g)

Rejection: The case is, the animal moved to stand. (If not, we would be concerned lest its limbs were crushed.)

(h)

(Rav Nachman): If an animal was thrown to the ground to be slaughtered, we are not concerned for crushed limbs.

(i)

An ox fell and was whining from the pain. Rav Yitzchak bar Shmuel bar Marsa bought some of the meat.

1.

Rabanan: How do you know that it is permitted?

2.

Rav Yitzchak: Rav said that it digs its nails into the ground to soften the fall.

(j)

(Rav Yehudah): If an animal fell:

1.

If it stands up, one need not wait 24 hours before slaughtering it, but it must be checked;

2.

If it walks, it need not be checked.

(k)

(R. Chiya bar Ashi): In both cases, it must be checked.

(l)

(R. Yirmeyah bar Acha): If it sticks out a foreleg, trying to stand, this is like standing;

1.

If it sticks out a hind leg, trying to walk, this is like walking.

(m)

(Rav Chisda): If it stirred itself to stand (even without sticking out a limb), this is like standing.

(n)

(Ameimar): If an animal fell, the intestines must be checked.

(o)

(Mar Zutra): The entire inside must be checked. (He includes the ribs and vertebrae.)

(p)

Question (Huna Mar bar brei d'Rav Nechemyah): Must the Kaneh and Veshet be checked (lest they were uprooted)?

(q)

Answer (Rav Ashi): No. They are sturdy, so we are not concerned.

4)

A BIRD THAT FELL

(a)

(Rav Yehudah): If a bird fell onto water, and it swims its own length, it is Kosher.

1.

This is only if it swims upstream. If it goes downstream, perhaps the water carried it. (It has the law of an animal that fell.)

2.

In still water, it suffices if it swims in any direction.

3.

Swimming downstream suffices if it goes faster than wood floating in the water.

(b)

If a bird lands on any if the following, it has the law of a fallen animal -

1.

A garment that was stretched out tightly; a net in which the ropes are close together; bundles of flax or combed flax or reeds; flax that was beaten but not shaken; stubble that comes off flax (unless it is very fine);

2.

Moss, unless it was cut into strips; sifted ashes; coarse sand; earth on the road; bundled straw; wheat, barley and related grains; clover; chickpeas.

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