12th Cycle dedication

CHULIN 114 (20 Tishrei) - Dedicated by Al and Sophia Ziegler of Har Nof, Jerusalem, and their son Jared, in loving memory of Al's mother, Chaya bas Berel Dov Ziegler, on the day of her Yahrzeit - and towards Jared's continued growth in Torah and Yir'as Shamayim.

1)

TOSFOS DH KIVAN

úåñôåú ã"ä ëéåï

(SUMMARY: Tosfos asks why the Gemara did not apply the opposite logic.)

úéîä àéîà àéôëà ëãàîø áñîåê ëéåï ãàáùåì ì÷é ààëéìä ðîé ì÷é

(a)

Question: This is difficult. Why don't we say, as we say later, that the opposite should be true? If he receives lashes for cooking, he should certainly receive lashes for eating!

2)

TOSFOS DH HA'MEVASHEL

úåñôåú ã"ä äîáùì

(SUMMARY: Tosfos observes that while one is not liable, it is still forbidden to cook meat with "milk water.")

àéñåøà îéäà àéëà ãäà ëåúç îðñéåáé ãçìáà òáãé ìéä ëãàîø áøéù àìå òåáøéï (ôñçéí ãó îá.) åàîøéðï ìòéì (ãó ÷éà:) ãàñåø ìàëåì áùø áëåúç

(a)

Observation: It is still forbidden, as Kutach is made out of the leftover liquid from milk used to make cheese, as stated in Pesachim (42a). We said earlier (111b) that it is forbidden to eat meat with Kutach.

3)

TOSFOS DH B'CHALAV

úåñôåú ã"ä áçìá

(SUMMARY: Tosfos observes that the Gemara's derivation is regarding milk from one type of animal and meat from another type of animal.)

ìà àéöèøéê ìéä àìà ìøáåú áùàéï îéðå ëâåï ôøä áçìá âãé àå âãé áçìá ôøä

(a)

Explanation: This derivation is only necessary to teach that milk from one type of animal with meat from a different type, such as cow meat with goat milk or goat meat with cow milk, is prohibited.

àáì ôøä áçìá òöîä äà ãøùéðï ìòéì (ãó ÷éâ:) ëì î÷åí ùðàîø âãé àôéìå ôøä åøçì áîùîò åáçðí ãç÷ á÷åðèøñ

1.

Explanation (cont.): However, cow meat with cow milk is clearly included, as we derived earlier (113b) that wherever the Torah says "Gedi" it means to include cows and sheep. Rashi did not have to give the explanation he gave.

4)

TOSFOS DH PARAH

úåñôåú ã"ä ôøä

(SUMMARY: Tosfos explains why the Gemara did not ask a different question.)

åà"ú çéä åòåó éåëéçå ìø' ò÷éáà àå òåó ìçåãéä ìø' éåñé äâìéìé ãðàñøå áäøáòä òí ùàéðå îéðå ëãàîøéðï áñåó ùåø ùðâç àú äôøä (á"÷ ãó ðä.) åìà ðàñøå ááùåì

(a)

Question: One could ask that an undomesticated animal and birds according to Rebbi Akiva, or birds alone according to Rebbi Yosi ha'Glili, should able to prove otherwise. This is because they were forbidden from breeding together with other animals or birds of their types, as stated in Bava Kama (55a), yet they were not forbidden from being cooked together!

åé"ì ãòãéôà ôøéê

(b)

Answer: [While this would have been a good question,] the Gemara instead asks a better question.

5)

TOSFOS DH MAH L'EMO

úåñôåú ã"ä îä ìàîå

(SUMMARY: Tosfos asks why the Gemara did not ask a better question.)

úéîä ìøáðï çéä úåëéç ãàéï àåúå åàú áðå ðåäâ áçéä

(a)

Question: According to the Rabbanan one should prove otherwise from an undomesticated animal, as Oso v'Es Beno does not apply to an undomesticated animal.

6)

TOSFOS DH TALMUD LOMAR

úåñôåú ã"ä úìîåã ìåîø

(SUMMARY: Tosfos asks regarding the source for Shmuel and Rebbi Yosi's derivations.)

òåã ãøéù îéðä áñîåê äéà òöîä áçìáä

(a)

Observation: The Gemara later derives from "ba'Chaleiv" that one is liable if he cooks it in its own milk.

àò"â ãùîåàì ãøéù ìéä ìîìúééäå ìòéì (ãó ÷éâ:) äëà ãøéù îáçìá

(b)

Implied Question: This is despite the fact that Shmuel derived laws from this Pasuk earlier (113b), here he derives from "ba'Chaleiv." (How can he do so?)

ãúøé îéðééäå îééúøé ãäåä îöé ìîëúá áàîå åàðà éãòðà ãáçìá àîå ÷àîø ëéåï ãáçã îéðééäå äåä ëúéáà áçìá àîå

(c)

Answer: This is because both of these words are extra. The Pasuk could have stated "b'Emo" and I would know that it means "ba'Chaleiv Emo," as by one of the Pesukim it would have indeed explicitly stated "ba'Chaleiv Emo."

åøáé éåñé äâìéìé ãîîòè òåó ùàéï ìå çìá àí

(d)

Implied Question: Rebbi Yosi ha'Glili excludes fowl because the mother does not have milk. (He uses this Pasuk for his teaching that fowl is excluded from the prohibition of Basar b'Chalav. How, then, does he derive Shmuel's law?)

îåé"å ãàîå ÷à ãøéù

(e)

Answer: He understands that the extra letter "Vav" in "Emo" teaches this lesson.

114b----------------------------------------114b

7)

TOSFOS DH AD SHE'YIFROT

úåñôåú ã"ä òã ùéôøåè

(SUMMARY: Tosfos explains how Rebbi Avahu's opinion fits with that of Rebbi Meir.)

áôø÷ ëì ùòä (ôñçéí ãó ëà:) àîøéðï ãìà îúå÷îà ãøáé àáäå àìà ëø"î ãìøáé éäåãä àéöèøéê ìãáøéí ëëúáï åìø' éäåãä ðô÷à ìï îìëìá úùìéëåï àåúå àåúå àúä îùìéê ìëìá åàé àúä îùìéê ìëìá ëì àéñåøéï ùáúåøä

(a)

Explanation: In Pesachim (21b), we say Rebbi Avahu must hold like Rebbi Meir. According to Rebbi Yehudah, the words in the Pasuk are needed to say exactly what they mean (a prohibition against eating). He derives from "Throw it to the dogs" that you specifically can throw Neveilah, not other prohibited items, to the dogs.

åà"ú ìø"î ðîé äéëé éìéó îéðéä ãìà úàëìå îùîò àéñåø äðàä îãôøè äéúø äà àéöèøéê ÷øà ìä÷ãéí ðúéðú âø ìîëéøú òåáã ëåëáéí

(b)

Question: According to Rebbi Meir, how can Rebbi Avahu derive that "do not eat" means it is also forbidden from benefit since we find regarding Neveilah that the Torah explicitly stated it is permitted for benefit? Rebbi Meir also requires the Pasuk regarding Neveilah to teach that one should give it to the Ger Toshav before selling it to a Nochri!

åé"ì ãîñáøà áìà ùåí ÷øà äåä éãòéðï ìä÷ãéí àìà äùúà ãëúéá ðúéðä åîëéøä ììîã áòìîà àéñåø äðàä àé ìàå ãëúéá àå ìä÷ãéí ä"à ãàúà ÷øà ìäùååúí

(c)

Answer: We would know that a Ger Toshav takes precedence without it being taught by the Pasuk. However, now that the Pasuk explicitly states giving and selling regarding Neveilah to teach that food that is prohibited to eat is also prohibited from benefit, without the Pasuk "Or" teaching giving to a Ger is first, I would think the Torah is equating the two (giving and selling).

åà"ú åìà ìéëúåá àìà çã îéðééäå àå îëéøä ãòåáã ëåëáéí àå ðúéðä ãâø åìà éöèøê àå ìä÷ãéí ëéåï ãéãòé ìéä îñáøà

(d)

Question: Let only one of them be written, either selling to a Nochri or giving to a Ger Toshav, and leave out the "Or" if it is so obvious that giving to a Ger Toshav takes precedence!

åé"ì ãä"à ãàúé ÷øà ìîòåèé ðúéðä ãòåáã ëåëáéí

(e)

Answer: (If giving to a Nochri would be omitted) I would think that the Pasuk is coming to exclude giving to a Nochri.

åà"ú åéëúåá ðúéðä ãòåáã ëåëáéí

(f)

Question: Why doesn't the Pasuk only write about giving to a Nochri?

åé"ì ãä"à ãàúé ìîòåèé ðúéðä ãâø ãìà ìéñôå ìéä àò"ô ãìà ÷áì òìéå àìà ìàëåì ðáìåú ëãé ùéîäø ìäúâééø

(g)

Answer: I would think that it is telling us not to give Neveilah to a Ger Toshav even though he never accepted that he would not eat Neveilah, in order that he should hurry to convert (and not refrain due to his abundant supply of Neveilah). (The word "Ela" should read "Shelo.")

åãå÷à ðáìä áà"é ùàéï òåáãé ëåëáéí îöåééï ùí åàí áà ìîåëøä ìòåáã ëåëáéí öøéê ìéúðä áãîéí îåòèéï ðúéðú âø ÷åãîú

1.

Answer (cont.): This is specifically regarding Neveilah in Eretz Yisrael as Nochrim are not commonly found there. If he would sell it to a Nochri, he would have to sell it for a paltry amount of money. In this situation, giving it to a Ger Toshav takes precedence.

àáì ôùéèà ùàí éù çôõ ìàãí ìîëåø ÷åãí éîëøðå ìòåáã ëåëáéí îîä ùéúððå àôéìå ìéùøàì çáøå

2.

Answer (cont.): However, it is obvious that if a person has something to sell he is allowed to sell it to a Nochri before giving it to someone else as a present, even to a Jew.

8)

TOSFOS DH K'DERECH

úåñôåú ã"ä ëãøê

(SUMMARY: Tosfos discusses whether or not we have the text, "to a Ger Toshav by giving and to a Nochri through selling.")

ìà âøñ ìâø áðúéðä åìòåáã ëåëáéí áîëéøä ëãôéøù á÷åðè' áôñçéí (ùí)

(a)

Text: The Gemara does not have the text, "to a Ger Toshav by giving and to a Nochri through selling," as explained by Rashi in Pesachim (21b).

ãà"ë äåä îùîò ãàééøé àìéáà ãø' éäåãä ãàîø ãáøéí ëëúáï åãø' àáäå ìà îúå÷îà àìà ëø"î ëãôøéùéú

(b)

Question: If it would have this text, I would have thought it is according to Rebbi Yehudah who says that the Pasuk means what it says. However, we established that Rebbi Avahu's statement can only be according to Rebbi Meir.

åàé âøñ ìéä éù ìôøù ãìéùðà ã÷øà áòìîà ð÷è åìà îùåí ãìäåå ãáøéí ëëúáï àé ðîé ð÷è äëé îùåí ãðúéðú äâø ÷åãîú

(c)

Answer: If this would be the proper text, we could explain that it is merely using the phraseology used by the Pasuk, but not because it holds that the words mean only what they say. Alternatively, it could be that this phraseology was used because giving to the convert takes precedence.

9)

TOSFOS DH REBBI YEHUDAH

úåñôåú ã"ä øáé éäåãä

(SUMMARY: Tosfos explains when it is permitted to give a present to a Nochri.)

åàñåø ìéúï ìëðòðé òåáã ëåëáéí îúðú çðí åòì æä îáéàä áô"÷ ãîñëú ò"æ (ãó ë.)

(a)

Observation: It is forbidden to give a Nochri a present. This is stated in the Gemara in Avodah Zarah (20a).

åà"ú åäúðï (ìòéì ãó öâ:) ùåìç àãí ìòåáã ëåëáéí éøê ùâéã äðùä áúåëä åùåìç îùîò áçðí åáôø÷ ëì ùòä (ôñçéí ãó ëá.) îùîò ãàúéà àôéìå ëø' éäåãä

(b)

Question: Doesn't the Mishnah in Chulin (93b) say that a person can send a thigh of an animal that includes the Gid ha'Nasheh to a Nochri? "Sending" implies for free! In Pesachim (22a), the Gemara implies that this is even according to Rebbi Yehudah.

åéù ìåîø ãúðéà áúåñôúà àí äéä ùëðå îåúø îôðé ùäåà ëîåëøå ìå

(c)

Answer: The Tosefta says that if the Nochri was his neighbor he is permitted to send it to him, because it is as if he is selling it to him. (This is because he is essentially bartering it for his favor and goodwill in neighborly relations.)

10)

TOSFOS DH OH LAMAH

úåñôåú ã"ä àå ìîä

(SUMMARY: Tosfos discusses when we say a word is connected to both the previous and following words, and when it is only connected to one of them.)

îùîò ãàé ìàå àå äåä àîéðà úúððä åîëåø àâø ãìòéì åàòåáã ëåëáéí åäëé ðîé àîøéðï áøéù àéæäå ðùê (á"î ãó ñà.) åáîøáéú ÷àé àëñó åààåëì ãáúøéä

(a)

Explanation: This implies that without the word "Oh" I would think that "you should give" and "sell" is referring to both the Ger Toshav mentioned earlier and the Nochri. We indeed say in Bava Metzia (61a) that "Marbis" refers to money and the food mentioned later.

åúéîä ãáôø÷ ÷îà ã÷ãåùéï (ãó ìá:) àéëà ôìåâúà ãúðàé âáé ÷éîä åäãåø ãùéáä åæ÷ï ãàéëà ìî"ã ãìà ÷ééîé àúøåééäå îùåí ãëúéá îôðé ùéáä ú÷åí åäãøú ôðé æ÷ï

(b)

Question: This is difficult, as in Kidushin (32b) there is an argument among the Tanaim regarding standing up and honoring an old person and a wise man. There is an opinion that both do not apply to both people, because the Pasuk states, "From before an old person you should stand, and you should honor the face of an elder."

åéù ìåîø îùåí ãàéï ìùåï îôðé ðåôì òì åäãøú åìà ìùåï ôðé ðåôì òì ú÷åí

(c)

Answer: It is possible to say that the word "miPnei" does not fit well with the word "v'Hadarta," and the word "Pnei" does not fit well with the word "Takum."

åàí úàîø ãáôø÷ äåöéàå ìå (éåîà ðá.) ÷àîø àéñé áï éäåãä çîù ôñå÷éí àéï ìäí äëøò ùàú îçø àøåø îùå÷ãéí å÷í åàîàé ìà ÷àé àìòéì åìúçú

(d)

Question #1: In Yoma (52a), Isi ben Yehudah says that there are five words in Pesukim in the Torah which are unclear whether they are connected to the words before them or the words after them. They are: Se'ais, Machar, Arur, Meshukadim, and v'Kam. Why don't we say that they should be applied both to the previous words and the words after them?

åòåã ãàéñé âåôéä ñáø á÷ãåùéï ã÷éîä åäãåø ÷ééîé àúøåééäå

(e)

Question #2: Additionally, Isi himself holds in Kidushin (ibid,) that standing up and honoring refer to both an old person and a wise man!

åéù ìåîø ãäëà åáàéæäå ðùê (á"î ñà.) åôø÷ ÷îà ã÷ãåùéï (ãó ìá:) ãàéëà úøé îéìé ÷àé çã åãàé àìòéì åçã åãàé àìúçú àéú ìï ìîéîø ãúøåééäå ÷ééîé àäëà åäëà àáì äúí àéú ìï ìîéîø ã÷àé àçã ãåëúà àå àìòéì àå àìúçú

(f)

Answer: In our Gemara, Bava Metzia (61a), and Kidushin (32b), where there are two words and one is certainly connected to the previous words and one is certainly connected to the following words, it is possible to say that each word is connected to both the previous and following words. However, in Yoma (ibid.) it seems that each word is either referring to the previous words or the following words.

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