CHULIN 71 (1 Adar) - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May his death and the deaths of the other Kedoshim of the Holocaust atone for us like Korbanos.

1)

TOSFOS DH ULI'RABBANAN

úåñôåú ã"ä åìøáðï

(SUMMARY: Tosfos cites two different texts and explanations of our Gemara.)

ëï âéøñú ä÷åðèøñ åôéøù ãàãøáðï ãøáé éåñé äâìéìé áòé äàé ÷øà ãøá ðçîï ìîä ìé

(a)

Text #1: This is the text of Rashi. The Gemara means that there is a question on the Rabbanan who argue on Rebbi Yosi ha'Glili: What do they do with the Pasuk quoted by Rav Nachman?

å÷ùä ìôéøåùå ìîä äîúéï òã ëàï

(b)

Question #1: There is a difficulty with Rashi's explanation. Why did the Gemara wait until now to ask this question?

åòåã ä"ì ìîáòé ðîé ìøáðï ÷øà ãøáé éöç÷ ìîä ìäå

(c)

Question #2: Additionally, the Gemara should have also asked what the Rabbanan do with the Pasuk quoted by Rav Yitzchak!

ìëï ðøàä ëâéøñú äñôøéí ãâøñé äðéçà ìø"î àìà ìøáðï îà"ì

(d)

Text #2: It therefore appears that the correct text is like that of the Sefarim who have the following text. This is understandable according to Rebbi Meir, but what is there to say according to the Rabbanan?

ëìåîø àîàé àéöèøéê ëììà ãáäîä èäåøä áëìì çéä èäåøä ãìãéãäå ìéëà ìîéîø ìéöéøä

1.

Text #2 (cont.): In other words, why is the rule of a kosher Beheimah being included in that of a kosher Chayah necessary? According to them, it cannot be to teach that their creation is akin to that of a person (see Rashi DH "Beheimah Tehorah").

2)

TOSFOS DH VI'HA'ISHAH

úåñôåú ã"ä åäàùä

(SUMMARY: Tosfos explains when a child starts to become impure when he is born.)

ëùìà äòâéì äøàù ëôé÷ä îééøé ãàé äòâéì äåé èîà òã ùìà éöà äåìã îùðôúç ä÷áø

(a)

Explanation #1: The case is where the head did not crown (start coming out) the size of a spindle (for how this size of a spindle is measured, see Bechoros 22a). However, if it did crown the size of a spindle she is impure even before the child came out as the womb is considered to have opened.

ãúðéà áàäìåú (ô"æ î"ã) åîééúé ìä áäìå÷ç áäîä (áëåøåú ëá.) àéï ìðôìéí ôúéçú ä÷áø òã ùéòâéìå äøàù ëôé÷ä

1.

Explanation #1 (cont.): This is as the Mishnah states in Ohalos (7:4) as quoted by the Gemara in Bechoros (22a) that it is not considered that a Neifel has opened the womb until his head has crowned the size of a spindle.

à"ð ñáø ìéä ëúðà ãúåñôúà ãàäìåú (ñô"ç) ãàîø àéï ìåìã èåîàä òã ùéöà ìàåéø äòåìí

(b)

Explanation #2: Alternatively, it is possible the Tana of our Mishnah holds like the Tana in the Tosefta in Ohalos (8:8) who says that a child does not become impure until he enters the air of the world.

3)

TOSFOS DH MI LO ASKINAN

úåñôåú ã"ä îé ìà òñ÷éðï

(SUMMARY: Tosfos explains why our Gemara did not make a deduction from a Beraisa in Nidah, and why the deduction it makes is valid.)

åà"ú àîàé ìà îã÷ã÷ îãàîòè ááøééúà áôø÷ éåöà ãåôï (ðãä îá:) ðáìä ãìà îèîàä áâãéí àáéú äáìéòä îãëúéá áðáìú òåó èäåø ìèîàä áä åìà áàçøú åîùí îã÷ã÷ àáéé ãî÷åí ðáìú òåó èäåø áìåòä äåéà

(a)

Question: Why doesn't the Gemara deduce this law from the Beraisa in Nidah (42b) that excludes Neveilah from making clothes impure when swallowed because the Pasuk only says regarding the Neveilah of a kosher bird "to make it impure with it," excluding any other kind of Neveilah (presumably because it is swallowed up)? Abaye indeed deduces there that the place where the Neveilah of the kosher bird is located is considered swallowed up.

åé"ì ãåãàé àìéáà ãàáéé äéä éëåì ìã÷ã÷ îùí àáì ìøáà ãñáø ãáéú äñúøéí äåé äéëé îúøõ ìáøééúà ò"ë ëùúçá ìå çáéøå ááéú äáìéòä åçæø åäåöéàå åáéú äáìéòä äéä øçá åìà äñéèä ëìì äúí îîòè ÷øà ãåå÷à ðáìú áäîä

(b)

Answer: Indeed, according to Abaye this could have been derived from the Beraisa in Nidah (42b). However, according to Rava there who holds the reason is because it is considered a hidden place, how can the Beraisa be understood? It must be where his friend inserted the Neveilah into his throat and then took it out, and his throat was wide enough that the piece was not on his throat at all. In that case the Pasuk excludes the Neveilah of a kosher animal.

åîéäå äééðå éëåìéï ìôøù àò"â ãìà çæø åäåöéàå ãëé ÷àîø øáà ãáéú äñúøéí äåé äééðå úçìú äáìéòä àáì ìñåôå îåãä ãáìåò äåéà

1.

Implied Question: However, we could explain that the case is even if he did not retract it. When Rava said this is considered hidden, this was in the beginning of it being swallowed. However, at the end he admits that it is considered swallowed. (Why isn't this correct?)

àáì ìôé æä äéä éëåì ìã÷ã÷ îùí àó ìøáà ãèåîàä áìåòä ìà îèîàä

2.

Answer: However, according to this the Gemara in Nidah (ibid.) should have deduced that even Rava holds that swallowed impurity does not cause impurity.

åàí úàîø åäéëé îã÷ã÷ äëà îäàé ÷øà ãäàåëì îðáìúä åäà äàé ÷øà áðáìú áäîä ëúéá ãìà îèîàä ááéú äáìéòä åáîâò àééøé åìà áàëéìä åìà ëúéá àåëì àìà ìéúï ùéòåø àëéìä ãäééðå ëæéú ìðåâò åðåùà ëãîôøù äúí áðãä

(c)

Question: How can there be a deduction from this Pasuk, "ha'Ochel mi'Nivlasah?" This Pasuk is teaching regarding the Neveilah of an animal that it does not cause impurity when swallowed. However, it is referring to impurity through touching not eating. The only reason eating is stated is to say that the amount is one of eating, namely a Kzayis, for touching and carrying as explained in Nidah (ibid.).

åàé àéöèøéê ìãøùà ãäëà àí ëï äéëé îã÷ã÷ îéðééäå ãùéòåø ðåâò åðåùà áàåëì

1.

Question (cont.): If our Gemara requires this Pasuk for its teaching, how can we also derive from it that the amount of touching and carrying is one of food, namely a Kzayis?

åéù ìåîø ãìà îñúáø ìàå÷åîé ëåìéä ìãøùà ãäëà ìèäø èåîàä áìåòä

(d)

Answer: It is possible to answer that it is not logical to establish the entire Pasuk as being for this teaching that swallowed impurity does not cause impurity.

ãäà îùîò ãàúà ìîéîø èåîàä ãëúéá åäàåëì éëáñ áâãéå åî"î àéï î÷øà éåöà îéãé ôùåèå ãîùîò ãèéäø äëúåá àú äàåëì ëùèáì åäòøéá ùîùå

1.

Answer (cont.): The Gemara implies that it is discussing impurity, as the Pasuk says, "And the one who eats should wash his clothes etc." However, the Pasuk does not go away from its simple context which is saying that the food is pure if he immersed in a Mikvah and the sun set.

71b----------------------------------------71b

4)

TOSFOS DH ATU ANAN

úåñôåú ã"ä àèå àðï

(SUMMARY: Tosfos explains the Kal v'Chomer thoroughly, and explains why impurity due to being carried by a Zav is inapplicable in our case.)

úéîä îä ðôùê î"î ôøéê ùôéø ãàéê úòáåø äèåîàä ëéåï ãâáå èäåø

(a)

Question: This is difficult. In any event, the question is a good question. How can the impurity go through the Kli Cheres if it does not contract impurity from something that is on the back (or the cover) of the vessel?

åéù ìåîø ãàãí ðîé úåëå èäåø îöéì åàéëà ìîéòáã ÷"å äëé åîä ëìé çøñ äîå÷ó öîéã ôúéì ùàéï âáå îöéì ìçåõ áôðé äèåîàä ùáúåëå îìèîà îöéì (úåëå) òì èäøä ùáúåëå îìéèîà úåëå ùì àãí ùîöéì åçåöõ áôðé äèåîàä ùáúåëå îìèîà àéðå ãéï ùéöéì úåëå òì èäøä ùáúåëå îìéèîà

(b)

Answer: A person also saves impurity by something being inside of him. Accordingly, one can make the following Kal v'Chomer. If a Kli Cheres that is covered by a tight cover can stop impurity from spreading from an impure object inside of it, but it can save something pure that is inside of it from becoming impure from what is outside of it, certainly the inside of a person that stops impurity that is inside of him from making anything impure should guard an object inside of him from becoming impure!

åà"ú ëéåï ãäà ãäàãí îöéì òì èäøä ùáúåëå äééðå î÷ì åçåîø ãëìé çøñ à"ë ðéîà ãéå åìà éöéì òì èäøä ùáúåëå îìéèîà áäéñè äæá ëîå ëìé çøñ äîå÷ó öîéã ôúéì ãîéèîà áäéñè äæá ëãàîøéðï áñåó äðæ÷éï (âéèéï ñà:) åìéçåù ùîà äñéèä àùúå ðãä

(c)

Question: Being that the fact that a person's body protects an object inside it from becoming impure is based on a Kal v'Chomer from Kli Cheres, we should invoke the principle of Dayo to say it should not protect this object from becoming impure if a Zav carries it. This is similar to the law regarding a Kli Cheres with a tight cover that a Zav carries. This is as stated in Gitin (61b), let us suspect that his wife who is a Nidah carried it!

åàéìå áúåñôú' ãàäìå' (ôè"å) úðé áäãéà ãàãí îöéì òì èäøä ùáúåëå îìéèîà áäéñè äæá ãàîøå ìäí áéú äìì àé àúí îåãéí ááìéòú èáòú åðëðñ ìàäì äîú ëå' àîøå ìäí áéú ùîàé ìà àí àîøú áèáòú ùäéà èäåøä áäéñè

1.

Question (cont.): However, the Tosefta in Ohalos (ch. 15) explicitly states that a person saves pure items that are inside of him from becoming impure if they are carried by a Zav. Beis Hillel told them, "Don't you admit that if a person swallows a ring and goes into the tent of a dead person etc." Beis Shamai said, "No. If you say this by a ring that is pure if a Zav carries it etc."

åé"ì ãòáãé ÷"å îôëéí ÷èðéí äîå÷ó öîéã ôúéì ãàôéìå áìà äé÷ó èäåøéí áîùà äæá ìôé ùàéï áàéí ìëìì îâò ìôé ùàéï ñåôï ìäôúç åàú ùàéðå áà ìëìì îâò àéðå áà ìëìì îùà ëãàîø áäòåø åäøåèá (ì÷îï ãó ÷ëã:)

(d)

Answer: A Kal v'Chomer is made from small containers that have a tight cover, as even if they do not have a tight cover they are pure. This is because the Zav does not end up touching them, as they do not end up being opened. Whatever is not going to be touched does not end up being carried, as stated later (124b). (Accordingly, both a person and a vessel that are not supposed to end up being opened protect from the impurity of being carried by a Zav, as opposed to containers that are supposed to be opened that do not, as is the case in Gitin 61b.)

5)

TOSFOS DH D'LIMATAH

úåñôåú ã"ä ãìîèä

(SUMMARY: Tosfos explains why the Gemara assumes that something absorbed in the lower parts of the body is protected from impurity.)

ãáìåò ãìîèä ðîé èäåø ëãîåëç îúðéúéï ãòåáø åçéä ðîé ãèîàä äééðå îãøáðï ëãì÷îï

(a)

Explanation: It is clear that when something is absorbed through the lower parts of one's body it is also considered pure, as is apparent from our Mishnah regarding a fetus. The law that the midwife is deemed impure is a Rabbinic law, as is apparent later.

åòåã ãäùúà ñ"ã ãøáä îåãä áùúé èáòåú åçéä äéà ëùúé èáòåú

1.

Explanation (cont.): Additionally, the Gemara currently thinks that Rabah admits that if a person swallowed two rings (one pure and one impure) the pure one becomes impure. The case of a midwife becoming impure is like the case of two rings.

6)

TOSFOS DH BALU'A

úåñôåú ã"ä áìåò

(SUMMARY: Tosfos explains that a live animal does not become impure.)

ãáäîä ìà îèîà ëãîåëç ääåà ëìá ãàëì áùø äîú ì÷îï áäòåø åäøåèá (ãó ÷ëå.)

(a)

Explanation: A live animal does not become impure, as is apparent from the case of a dog who eats flesh of a dead person stated later (126a).

7)

TOSFOS DH L'MAI

úåñôåú ã"ä ìîàé

(SUMMARY: Tosfos explains why animal clothing is different than human clothing when it comes to impurity.)

åà"ú ãìîà àôé' áëìéí ùäéà ìáåùä ãùééê áäå îìáåù ëãàùëçï âáé äåöàú ùáú áôø÷ áîä áäîä éåöàä (ùáú ðâ.) áãáøéí ùçùåáéí ìä ìîìáåù

(a)

Question #1: Perhaps this even applies to vessels the animal wears (as opposed to the Gemara's understanding that it applies to clothing that it is carrying) that can be called "(animal) clothing," as we find in Shabbos (53a) that certain things are considered "(animal) clothing?"

åòåã ä÷ùä øáéðå àôøéí ãáúåøú ëäðéí îîòè áäîä åëåúé ãìà áòå ùäééä áëìéí ùäï ìáåùéí

(b)

Question #2: Additionally, Rabeinu Efraim asks that the Toras Kohanim excludes an animal and Nochri from needing to stay for a certain amount of time in a house with leprosy in order to make the clothing they are wearing impure.

îåëáñ áâãéå äîèîà áâãéí îöéì ááéú äîðåâò ëåúé åáäîä ùàéðí îèîàéí áâãéí àéðí îöéìéí ááéú äîðåâò îùîò ãáú îìáåù äéà àìà ãîòèéä ÷øà ãåîéà ãëåúé ãùééê áéä îìáåù

1.

Question #2 (cont.): This is derived from the Pasuk, "And he will wash his clothes." The Pasuk implies that only one who causes clothes to be impure saves them from becoming immediately impure in a house that has leprosy. Being that a Nochri and an animal do not cause clothing to become impure, they do not save clothing from a house with leprosy. This indicates that an animal can wear clothing, but the Torah excluded its clothing, similar to a Nochri who wears clothing.

åé"ì ãáäîä àôéìå ëìéí ùäéà ìáåùä çùéáé ëòì âáä ëéåï ãàéï îèîà îëçä ãìàå áú èåîàä äéà

(c)

Answer: Even the clothing that an animal is wearing are considered as if they are being carried by it, being that they do not become impure because of the animal which does not cause impurity.

åâáé àãí ðîé ëä"â ëùàéï îèîàéï îëçå ëâåï áâãéí ùòì âáéå ìà áòé ùäééä àáì áâãéí ùäåà ìáåù áèìéí àâáéä åîëçå áà ìäí äèåîàä åâæøú äëúåá äéà ùàéï ìå ëç ìèîàí òã ùéùää

1.

Answer (cont.): Regarding a person in a similar situation, meaning where he is carrying the clothing, waiting is not required. However, clothing that he is wearing are considered part of his body, and they become impure because of him. It is a Torah derivation that they only become impure because of him if he stays in the house for a certain amount of time.

åìôéøåù æä ãèåîàú áâãéí ùäåà ìáåù îçîú äàãí äí áàéí àí ëåìå áôðéí åéãå îáçåõ åèáòú áàöáò èîàä äèáòú åàí äåà îáçåõ åéãå áôðéí åèáòú áàöáò äèáòú èäåøä ãáèìä àâáéä åäåà èäåø ãøåáå ìçåõ

2.

Answer (cont.): According to this explanation that the clothing a person wears becomes impure because the person makes them impure, if he is totally inside the house that has leprosy and his hand with the ring on his finger is outside the house, the ring is impure. If he is outside the house and his hand with the ring on it is inside the house the ring is pure, as it is nullified to the person who is pure because he is mostly outside of the house.

å÷ùä ãáúåøú ëäðéí åáîñëú ðâòéí ôø÷ ùìùä òùø ãúðà äéä òåîã áôðéí åôùè éãå ìçåõ åèáòåúéå áéãå åùää ëãé àëéìú ôøñ èîàåú äéä òåîã áçåõ åôùè éãå áôðéí åèáòåúéå áéãå øáé éäåãä îèîà îéã åçë"à áëãé àëéìú ôøñ

(d)

Question: This is difficult, as in Toras Kohanim and Negaim (ch. 13) it says that if the person was standing inside the house and he stuck his hand with the rings outside the house, and he stayed K'dei Achilas Peras in the house, the rings are impure. If he was standing outside the house and he stuck his hand with the rings inside the house, Rebbi Yehudah says they become impure immediately. The Chachamim say they become impure if he stays K'dei Achilas Peras. (According to the answer above, how can the second case be ruled impure?)

åùîà äúí îãøáðï äåà åìà îãàåøééúà åîçîéø øáé éäåãä ìèîà îéã îùåí ãàéï äèåîàä áàä ìäí îëç äàãí

(e)

Answer: Perhaps the Toras Kohanim and Mishnah in Negaim is referring to a Rabbinic law as opposed to a Torah law. Rebbi Yehudah is stringent that the rings should be considered impure immediately because he understands the impurity comes from the rings themselves, not from the person wearing them.

8)

TOSFOS DH AMAR RAVA

úåñôåú ã"ä àîø øáà

(SUMMARY: Tosfos explains Rava's question.)

ìàå îèåîàä áìåòä ôøéê ãøáä ðîé ëùí ÷àîø îùîò ùâí ìøáä äéä ôùåè îúåê äîùðä

(a)

Observation: Rava is not asking his question from absorbed impurity, as Rabah says (71a) "Just as etc." This indicates that Rabah also understood that it was obvious from the Mishnah that absorbed impurity does not cause anything to become impure.

àìà îèäøä áìåòä ôøéê ãèäøä ðîé úðï ëîå èåîàä åìîä ôùåè ìå æä éåúø îæä

1.

Observation (cont.): Rather, the question is from an absorbed item that is pure. There is a Mishnah about this as well, just as there is a Mishnah regarding an impure item! If so, why is the law regarding the impure item more obvious than the law regarding the pure item?

9)

TOSFOS DH BALA

úåñôåú ã"ä áìò

(SUMMARY: Tosfos explains that the ring became impure through contact with a dead person, not a Sheretz.)

áèîà èåîàú îú àééøé ãçøá äøé äåà ëçìì åàé ìàå ãèåîàä áìåòä ìà îèîàä ìà äéä îåòéì ìå èáéìä ãðäé ãîâò áéú äñúøéí ìà îèîà áîâò áîùà îèîà

(a)

Explanation: This is referring to someone who is impure from contact with a dead person. The Torah teaches that a sword is like a dead person. Were it not for the fact that absorbed impurity does not cause impurity, such a person could not become pure through immersing in a Mikvah. Even though contact from a hidden place does not cause impurity through touching, it does cause impurity through being carried (and therefore the person who is constantly carrying this inside of him would always be considered impure).

åà"ú åãìîà áèáòú ùðèîà áùøõ àééøé

(b)

Question: Perhaps the case is regarding a ring that became impure by touching a dead Sheretz? (This could be why it does not cause impurity, not because it is absorbed impurity!)

åé"ì ãáúø ãääéà ãèáòú èäåøä îéúðéà áîñëú î÷åàåú (ô"é î"ç)

(c)

Answer #1: It is stated after the case of the pure ring in Mikvaos (10:8 which is discussing impurity through a dead person).

åòåã àé áèåîàú ùøõ àí ëï ìà äåéà àìà øàùåï åäéëé ÷úðé ãîèîà àú äàãí åäà àéï àãí åëìéí î÷áìéí èåîàä àìà îàá äèåîàä.

(d)

Answer #2: If it is referring to the impurity of a Sheretz it would only be a Rishon. How could the Mishnah say it causes impurity to a person? A person or vessel does not become impure from anything less than an Av ha'Tumah! (It therefore must not have become impure from a Sheretz.)

10)

TOSFOS DH KI KA'AMAR

úåñôåú ã"ä ëé ÷àîø

(SUMMARY: Tosfos explains Rabah's position.)

ôéøù á÷åðèøñ ãàé îîúðéúéï ä"à äà ãèáòú ìà îèîàä äàãí ìà îùåí áìéòä äåà àìà îùåí ãîâò áéú äñúøéí ìàå îâò äåà ìòðéï èåîàä ëãàîø áðãä (ãó îá:)

(a)

Explanation: Rashi explains that if we would only know our Mishnah, one might think that the reason that the ring does not cause a person to become impure is not because it is absorbed, but rather because contact from a hidden place is not deemed contact regarding impurity, as stated in Nidah (42b).

åìéëà ìîéîø ãðèîà áîùà

1.

Implied Question: One cannot say that the person would become impure through carrying the ring. (Why not?)

ùàéï îùà àìà áîé ùäèåîàä áàä îîðå ëâåï îú åðáìä åîòééðåú äæá

2.

Answer: Carrying only applies to the person or item emitting the impurity such as a dead person, an animal that was not slaughtered properly, and the springs (i.e. source of impurity in the body) of a Zav.

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