12th Cycle dedication

CHULIN 69 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

[69a - 43 lines; 69b - 44 lines]

1)[line 14]הוציא עובר את ידו בין סימן לסימןHOTZI UBAR ES YADO BEIN SIMAN L'SIMAN - if a fetus stretched its limb (lit. hand) outside of its mother, in between the slaughter of the trachea and the esophagus

If a pregnant animal is slaughtered, the fetus may be eaten without Shechitah, according to the Chachamim who argue with Rebbi Meir (Chulin 74a). If the fetus extends part of its body (such as a foreleg) outside of the womb, that part of the fetus is not permitted to be eaten and is considered to be Tereifah (Chulin 68a). The rest of the fetus is kosher.

2)[line 15]מי מצטרף סימן ראשון לסימן שני לטהריה מידי נבלה?MI MITZTAREF SIMAN RISHON L'SIMAN SHENI L'TAHAREI MI'YEDEI NEVEILAH?- Does the first Siman (the trachea) combine with the second Siman (the esophagus) to render [the limb that extended out of the mother's womb] Tahor from Tum'as Neveilah? (When the limb was in its mother's womb, the Shechitah of the mother would have rendered the entire fetus permitted to eat and Tahor from Tum'as Neveilah. Once the limb was extended, the Chachamim rule (Daf 68b) that that limb has the status of "Tereifah Shechutah," which is Tahor but prohibited to eat. Ilfa ponders whether or not the Shechitah of the trachea (which had the potential to permit the limb to be eaten and to render it Tahor from Tum'as Neveilah), can combine with the Shechitah of the esophagus (after the limb was extended, which only had the potential to render the limb Tahor from Tum'as Neveilah), thus resulting in a limb that is Tahor from Tum'as Neveilah.)

3)[line 22]בן פקועהBEN PEKU'AH- an animal that is taken alive out of its slaughtered mother's womb ("Peku'ah" is the term for an animal that was ripped open)

4)[line 23]חוששין לזרע האבCHOSHESHIN L'ZERA HA'AV

(a)Chosheshin l'Zera ha'Av means that we consider the seed of father to be a contributing factor. There is an argument among the Amora'im as to whether or not the species of the father of an animal has any bearing on its Halachic status (Chulin 78b-79a). There are a number of ramifications to this argument, such as the law of Kil'ayim. If we consider the seed of father as a contributing factor, then an animal born from two distinct species is considered to be a different species from its mother and its father. The offspring may not even be crossbred with the species of its mother. Similarly, a carriage may not be drawn by the crossbred offspring together with the thoroughbred mother or father.

(b)Our Gemara discusses another ramification that applies if we consider the seed of father to be a contributing factor, namely, whether or not the offspring of a Ben Paku'ah needs Shechitah to render its meat permitted to eat. From the father's side, a male Ben Paku'ah and its offspring rely on the Shechitah of the mother of the Ben Paku'ah, and do not require Shechitah. From the mother's side (if the mother is a normal female), the offspring do require Shechitah. Rav Mesharsheya rules that the offspring in this case can never be permitted to be eaten, because of the contradictory heredity.

(c)If both the father and mother are Benei Paku'ah but the father extended its limb outside of the womb during the Shechitah of its mother, the Gemara concludes that the defect associated with the extended limb becomes distributed throughout the entire animal, and the offspring will be prohibited to eat. (The extended limb was not inside of the mother at the time of slaughter. As such, it requires Shechitah and is unlike the rest of the animal.)

5)[line 25]מבלבל זרעיהMEVALBEL ZAR'EI- (lit. its seed becomes thoroughly mixed) the defect becomes distributed throughout the entire animal

6)[line 26]סומאSUMA- a blind animal

7)[line 26]קיטעKITE'A- a crippled animal

8)[line 28]חלב ודםCHELEV V'DAM- forbidden fat and blood (both are prohibited to be eaten, but most of a kosher animal is permitted to be eaten, even though it is a product of the Chelev and Dam of its father and mother)

9)[line 28]תרי איסוריTREI ISUREI- two prohibitions, i.e. Chelev and Dam

10)[line 29]תלתאTELASA- three [prohibitions], i.e. Chelev, Dam and Yotzei (the limb that was extended during the Shechitah of the mother)

11)[line 31]גיד הנשהGID HA'NASHEH

(a)The Gid ha'Nasheh is the sciatic nerve, the large main nerve of the lower extremity, running down the back of the leg. Eating the part of the Gid ha'Nasheh that is located on the rounded part of flesh ("Kaf") that is situated on the hipbone is prohibited by the Torah (Bereishis 32:33). Rebbi Yehudah (Pesachim 83b, Chulin 90b) rules that the prohibition only applies to one leg. There is a question whether he says that it "definitely applies" or "most likely applies" to the right leg. According to the other Tana'im, the prohibition applies to both legs (and the Halachah follows this opinion).

(b)The prohibition against eating the Gid ha'Nasheh applies only to wild or domestic four-legged animals but not to birds.

(c)Besides the Gid that is prohibited by the Torah, the Rabanan prohibited certain nearby fats and nerves.

(d)Rebbi Yehudah (Chulin 100b) states that Gid ha'Nasheh was prohibited to the sons of Yakov, who were considered Benei Noach before HaSh-m gave the Torah to Benei Yisrael on Mount Sinai. The Rabanan argue, claiming that the prohibition was only given to Benei Yisrael on Mount Sinai. HaSh-m, however, instructed Moshe to write the verse along with the story of Yakov as an injunction for the future, to reveal the reason for the prohibition (see Background to Chulin 89:34a). Even Rebbi Yehudah agrees that only Benei Yisrael, and not all Benei Noach, were commanded not to eat the Gid ha'Nasheh, as the verse states, "Al Ken Lo Yochlu Venei Yisrael Es Gid Ha'Nasheh..." (Bereishis ibid.).

12)[line 31]שלילSHELIL- a fetus or a fully-formed (having developed for nine months - RASHI to Chulin 89b), live animal that is found in its mother's womb after her slaughter

13)[line 33]לגמוע את חלבוLIGMO'A ES CHALAVO- to swallow its milk (if the Ben Paku'ah is a female that produces milk once it has given birth to offspring. The Gemara concludes that Rebbi Yirmeyah asked whether the milk of a Ben Paku'ah is permitted or not. When Rebbi Yirmeyah asked "Mahu Lachush l'Zar'o," "Should we be concerned about the permissibility of its offspring," his intention was, "Should we be concerned about the permissibility of its [milk which is produced once it gives birth to] offspring" - RASHI)

14)[line 37]ימירו בוYAMIRU BO (TEMURAH)

(a)The Torah prohibits making a Temurah, which is a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushas ha'Guf of the Korban onto a replacement Korban. The verse states, "Do not transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The CHINUCH explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH #351, #352). (For a definition of Kedushas ha'Guf as opposed to Kedushas Damim, see Background to Chulin 139:6.)

(b)For example, the Mishnah (Temurah 26b) teaches that a person can make a Temurah by taking two animals, one of which was designated as a Korban, and saying "Zo Tachas Zo" - "This [animal] is instead of this [animal]" or "Zo Temuras Zo" - "This is in place of this" or "Zo Chalifas Zo" - "This is in exchange for this." The second animal, or the Temurah, is usually a valid Korban. If it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).

(c)A person who intentionally makes a Temurah receives Malkus (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkus (see Chart to Temurah 17a). (For a discussion of the difference between Temurah and Chilul (redemption), see Background to Bava Metzia 57:2.)

(d)Our Gemara quotes the Halachah that Temurah does not take effect if a person tried to transfer the Kedushah from a fetus of an animal of Kodshin to an animal of Chulin. Rav Shimi bar Ashi (Amud Beis) asserts that this is the opinion of Rebbi Shimon, who compares Temurah with Ma'aser, with regard to the fact that both of them do not apply to limbs and fetuses.


15)[line 15]יכול האומר, "רגלה של זו עולה" תהא כולה עולה?YACHOL HA'OMER, "RAGLAH SHEL ZO OLAH," TEHEI KULAH OLAH?- Could it be that if one says "the foot of this [animal] should be a Korban Olah," then the entire animal becomes an Olah (that the sanctity spreads out until the entire animal is sanctified)?

16)[line 27]המבכרתHA'MEVAKERES - a female kosher animal that is about to give birth to a firstborn male (BECHOR)

(a)The Kedushah of Bechor rests on every first-born male of cattle, goats or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.

(b)If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. Only a Mumcheh (an expert) has the authority to pronounce that a Bechor has a Mum (Bechoros 28a). After its blood and Eimurim (see Background to Menachos 74:20) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night.

(c)If the animal has or develops a Mum, it becomes the property of the Kohen. It must be slaughtered and eaten (anywhere) during its first year. If it develops a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.

(d)Intentionally inflicting a Mum in a Bechor is prohibited, as in all animals of Kodshim, as the verse states, "Tamim Yiheyeh l'Ratzon, Kol Mum Lo Yiheyeh Vo" - "it shall be complete (unblemished) to find favor, no blemish shall be in it" (Vayikra 22:21). RASHI (to Menachos 56a DH Lo Yiheyeh and to Bechoros 33b DH Kol Mum) teaches that the intention of Chazal is that the verse is read, "Lo Yehayeh Vo" - "do not cause [a blemish] in it." A person who inflicts a blemish in an animal of Kodshim (or its Temurah, with the exception of the Temurah of a Bechor and Ma'aser Behemah,) receives Malkus. (See SEFER HA'CHINUCH #287.)

(e)Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (SEFER HA'CHINUCH #393, #445).

17)[line 38]דרך דופןDERECH DOFEN (YOTZEI DOFEN)

A child or animal born by a Caesarian birth is called a Yotzei Dofen (lit. it went out through the wall [of the abdomen]). Certain Halachos are associated with the Yotzei Dofen (see Background to Yevamos 84:1), among them that a Bechor Yotzei Dofen does not become Kadosh with Kedushas Bechorah.