12th Cycle dedication

CHULIN 74 - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.

[74a - 48 lines; 74b - 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 74b [line 6]:

The words "l'Me'utei Chelbo v'Gido Chelbo d'Mai Iyleima Chelbo d'Shelil Miflag Peligi d'Tanya ..."

should be "l'Me'utei Chelbo v'Gido v'Ha Miflag Peligi d'Tanya ..." (Rashi's Girsa of the Gemara)

[2] Gemara ibid. [line 11]:

The words "v'Rebbi Yehudah l'Shitaso Ela Chelbo d'Gid Miflag Peligi d'Sanya... Rebbi Yehudah Omer Gomemo Im ha'Shofi Ela Iy Itmar..." ' ... ...

should be "v'Rebbi Yehudah l'Shitaso Ela Iy Itmar..." ' ... (Rashi's Girsa of the Gemara)

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1)[line 1] MITZVAS PEROSH- there is a Mitzvah mid'Rabanan to abstain (but see (RAMBAM Hilchos Ma'achalos Asuros 5:6)

2)[line 3] ACHLO L'ZEH LOKEH- if he ate it (the Ever ha'Meduldal), he receives Malkus (lashes)

3)[line 12]" ...""V'CHOL ASHER YIPOL ALAV MEHEM B'MOSAM YITMA ..."- "Anything on which these creeping things (Sheratzim) fall when they die shall become Tamei ..." (Vayikra 11:32)

4)[line 14]"" MI'"NIVLASAM" NAFKA- it is learned from the verse "v'Chi Yipol mi'Nivlasam" (Vayikra 11:37. RASHI cites this verse; however, his intention may be to cite the verse "v'Chol Asher Yipol mi'Nivlasam" Vayikra 11:35)

5)[line 17]SHERATZIM

(a)A Sheretz (a crawling pest see Vayikra 11:29-38 and Background to Chulin 122:7.), even if it or a part of it is only the size of an Adashah (lentil bean), is an Av ha'Tum'ah (Chagigah 11a, Ohalos 1:7). It makes a person or object Tamei at the level of a Rishon l'Tum'ah through Maga (contact), whether the Sheretz was touched willingly or unwillingly. The person who becomes Tamei by touching a Sheretz may not eat Terumah or Kodshim or enter the Azarah of the Beis Ha'Mikdash. However, he can immediately immerse in a Mikvah. After nightfall he becomes Tahor and may eat Terumah or Kodshim or enter the Azarah.

(b)In addition to Tum'as Maga, a dead Sheretz that is found in an earthenware oven makes the oven and all food or drink items that are in it Temei'im, whether the Sheretz touches them or not.

(c)Our Gemara and Rashi quote verses that deal with Sheratzim, to teach various Halachos that apply to our Sugya.

6)[line 19] K'EIN MISAH- like [the time of] death (the Gemara derives from the word "b'Mosam" that the Sheretz is Metamei only when it is in the same condition as its condition at the time it dies that is, containing its bodily fluids and not dried up)

7)[line 20] ""TREI "B'MOSAM"- two [verses exist that contain the words,] "b'Mosam" (Vayikra 11:31, 32)

8)[line 24] BEN SHEMONAH

See Background to Chulin 72:13.

9)[line 32]" [ , .]""V'CHI YAMUS MIN HA'BEHEMAH [ASHER HI LACHEM L'OCHLAH, HA'NOGE'A B'NIVLASAH YITMA AD HA'AREV.]"- "And if an animal [that you may consume] should die, [one who comes into contact with its carcass shall be Tamei until the evening.]" (Vayikra 11:39) - The words "Min ha'Behemah" indicate that a certain Halachah does not apply to a certain subset of Behemos, namely, that Tum'ah does not apply to Tereifah animals that were slaughtered.

10)[line 40] ARBA'AH SIMANIN ACHSHAR BEI RACHMANA- the Torah renders [the fetus] kosher [when two out of] four Simanin [are cut: either the trachea and esophagus of the mother or the trachea and esophagus of the fetus]

11)[line 47] KOR'O U'MOTZI ES DAMO- [it is even permitted to] tear it open (instead of slaughtering it) and extract its blood

12)[last line] OSO V'ES BENO

(a)It is forbidden to slaughter a cow, female sheep or female goat and her offspring on the same day, as it states in Vayikra 22:28, "v'Shor O Seh, Oso v'Es Beno Lo Sishchatu b'Yom Echad."

(b)At certain times of year (as enumerated in the Mishnah Daf 83a), it is assumed that one who buys an animal buys it in order to slaughter it immediately and use its meat. Therefore, the seller must inform the buyer if he sold the animal's mother (or offspring) on that day, so that the buyer will not transgress the prohibition of slaughtering the offspring (or the mother) on the same day that the mother (or the offspring) was slaughtered.

74b----------------------------------------74b

13)[line 7]SHELIL- 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 (RASHI omits these words from the Gemara; see Girsa section #1)

14)[line 8] GID HA'NASHEH

See Background to Chulin 69:11.

15)[line 13] MECHATET ACHARAV- he digs after it (the Gid ha'Nasheh) (RASHI omits these words from the Gemara; see Girsa section #2)

16)[line 14] CHOSECH SHAMNO M'IKARO- one must root out the fat, cutting out all of the places where it is embedded in the meat (RASHI omits these words from the Gemara; see Girsa section #2)

17)[line 15] GOMEMO IM HA'SHOFI- one must cut the fat off, making it even with the cap (meaty protuberance) of the hip-bone, but one need not dig out the "roots" of the fat (RASHI omits these words from the Gemara; see Girsa section #2)

18)[line 18]ROV'O - an person who has relations with it (HA'ROVE'A / HA'NIRBA)

(a)A Rove'a and a Nirba are animals that had relations with a human, as forbidden in Vayikra 20:15-16. These animals are put to death so that they should not cause other people to sin in a similar manner, and in order not to cause disgrace to the sinner by reminding all who see these animals of the sin that was done with them (Sanhedrin 54a).

(b)In the instance of a Rove'a and a Nirba, only if two witnesses saw the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one witness saw it, or if there were no witnesses but the owner told Beis Din of the incident, the animal is not stoned and is Mutar b'Hana'ah but is unfit to be brought as a Korban.

(c)Our Sugya states that even though the Rabanan rule that the full-grown fetus found in its mother's womb upon her slaughter is permitted without Shechitah, this does not change its status with regard to forbidden relations.

19)[line 18] CHORESH BO (KIL'AYIM: CHORESH B'SHOR VA'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.

(c)Our Sugya states that even though the Rabanan rule that the full-grown fetus found in its mother's womb upon her slaughter is permitted without Shechitah, this does not change its status with regard to Charishah b'Shor va'Chamor.

20)[line 25] DAM HA'TAMTZIS - the blood that drains out after the Dam ha'Nefesh (the blood that spurts out upon slaughter) (ISUR ACHILAS DAM)

(a)It is forbidden to ingest the blood of animals and birds, whether they are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood, whether it is of bird or of beast, in any of your settlements." (Vayikra 7:26). Because of this prohibition, slaughtered animals must be salted or roasted over a fire to remove their blood before they can be cooked and eaten.

(b)The blood of fish, locusts, Sheratzim (rodents or lizards), insects or small crawling creatures, and humans is not included in the prohibition of Dam. However, the blood of non-Kosher fish and locusts is prohibited because it is a secretion of a non-Kosher creature. The blood of Sheratzim is also prohibited because it is considered like their flesh. Human blood that has become separated from the body is prohibited mid'Rabanan (Kerisus 22a).

(c)Blood of an animal may be eaten if it is still inside the raw flesh of the animal as it was when the animal died or was slaughtered. Only when the blood has been removed from its original location after the animal's death, for example, by being cooked or boiled, does the blood become prohibited (TOSFOS to Chulin 14a DH v'Nasvin).

(d)If a person ingests a k'Zayis of blood b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If the blood did not pour from the animal's major arteries but rather was inside the animal's limbs when it died (Dam Eivarim) and was extracted afterward, the punishment of Kares does not apply. If it dripped from a major artery after the main flow subsided (Dam ha'Tamtzis), the Tana'im argue whether the punishment of Kares applies (here and Kerisus 20b).

21)[line 31]LIFDOS (PIDYON PETER CHAMOR)

(a)There is a Mitzvah to redeem each firstborn male donkey, as the verse states, "v'Hayah Ki Yevi'acha HaSh-m El Eretz ha'Kena'ani... v'Chol Peter Chamor Tifdeh v'Seh, v'Im Lo Sifdeh va'Arafto" - "And it shall come to pass that when HaSh-m brings you to the land of the Kena'ani... And every firstborn donkey must be redeemed with a sheep [that is given to a Kohen]. If it is not redeemed, you must decapitate it" (Shemos 13:11-13).

(b)Our Gemara asks whether a Ben Paku'ah sheep may be used for Pidyon Peter Chamor.

22)[line 35] K'VISRA B'DIKULA- like meat in a basket (and slaughtered meat may not be used for Pidyon Peter Chamor Bechoros 12a)

23)[line 36]RAHIT- it runs

24)[line 38]PESACHIM (KORBAN PESACH)

(a)It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah (Shemos 12:6), "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." The Pesach is a male lamb or goat within its first year.

(b)An adult (who was Tahor and was not far from the Beis ha'Mikdash on the fourteenth of Nisan) who willfully did not offer the Korban Pesach is liable to the Kares punishment.

(c)In order to eat from the Korban Pesach, a person must be "appointed" to the Korban before it is slaughtered. This appointment is called "Minuy." Each Pesach must have appointed to it people who are able to eat at least a k'Zayis of the meat on the night of the fifteenth of Nisan. The Korban is sacrificed in the name of all the people who were appointed for that specific Pesach animal. The people appointed to the Pesach then eat the Pesach together in a "Chaburah." (Some Tana'im maintain that a single Pesach may be split into many Chaburos eating in different places Pesachim 86a.)

(d)The animal used for the Korban Pesach, as with all Korbanos, may not be a Yotzei Dofen (i.e. an animal that was born by Cesarean section). The verse states, "Shor O Chesev O Ez Ki Yivaled" - "When a bull or a sheep or a goat is born (Vayikra 22:27), from which Chazal learn that the animal must have been born naturally (Chulin 38b).

25)[line 40] ?MAHU LIMNOS BO RISHON V'SHENI?- May we consider the fetus a Sheni l'Tum'ah if the slaughtered mother becomes a Rishon l'Tum'ah after touching a source of Tum'ah? (For a brief discussion of the principles of Tum'ah, see Background to Chulin 117:31a:a-e.)

26)[line 42]HA'MISKASHKESH- that rattles, knocks

27)[line 42] HA'BASAR MAGA NEVEILAH- the flesh of the remainder of the fetus has the status of flesh that has touched Neveilah (see Background to Chulin 127:23), and is a Rishon l'Tum'ah

28)[line 43] MAGA TEREIFAH SHECHUTAH- [the flesh of the remainder of the fetus has the status of flesh] that has touched a slaughtered animal that was a Tereifah (see Background to Chulin 140:3)

29)[line 44]D'ISKASHER- that it became wet in order to receive Tum'ah from sources of Tum'ah (see Background to Chulin 73:11)

30)[line 44]''UCHE'REBBI SHIMON- and according to the opinion of Rebbi Shimon, who rules that the act of Shechitah results in the Hechsher of the animal Lekabel Tum'ah, and not the blood of the Shechitah (Mishnah Chulin 33a)

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