CHULIN 78 (8 Adar I) - dedicated in honor of the Yahrzeit of Sarah bas Baruch Hersh Rosenbaum, who passed away on 8 Adar I 5776, by her husband Zev Dov Rosenbaum.

[78a - 43 lines; 78b - 36 lines]

1)[line 1] D'NIKCHUSH CHEILEI- in order to reduce its vigor (the extra energy of a tree causes it to drop its fruit before they are ripe)

2)[line 1] SOKRO B'SIKRA- one should paint it with red paint

3)[line 2] KI HEICHI D'LICHZIYUHA INSHEI V'LIBA'EI RACHAMEI ILAVEI- so that people should see the tree in its plight and pray for it

4)[line 3]"... ', !' .""V'TAMEI, TAMEI!' YIKRA"- "... and he shall call out, '[I am] Tamei, [I am] Tamei! [Stay away!']" (Vayikra 13:45) - In addition to warning people to stay away from him, the Metzora (see Background to Erchin 3:4b), by announcing that he is Tamei, appeals to people to pray for him.

5)[line 5] MI SHE'IRA BO DAVAR- someone to whom a misfortune occurred (lit. to whom something happened)

6)[line 7] K'MAN TALINAN KUVSA B'DIKLA- according to whom do we hang a cluster [of dates] in a palm tree [that has been dropping its fruit before they are ripe]

PEREK #5 OSO V'ES BENO

7)[line 10] 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." The person who slaughters the second animal in front of two witnesses, after having received a proper warning, is punished with Malkus (lashes).

(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.

(c)There is an argument between the sages (Daf 78b) as to whether Oso v'Es Beno also applies to an animal and its father (Chananyah) or whether it only applies to an animal and its mother (Rabanan; the Halachah follows this opinion).

8)[line 12]MUKDASHIN- [animal] Korbanos

9)[line 13] SOFEG ES HA'ARBA'IM- he receives the forty (minus one, i.e. thirty-nine) lashes prescribed by the Torah for transgressing a negative commandment

10)[line 14] , KODSHIM BA'CHUTZ, HA'RISHON CHAYAV KARES - [if two people slaughter] outside [of the Beis ha'Mikdash two animals that are] Kodshim [and that are Oso v'Es Beno,] the first [person] is liable to the Kares punishment (SHECHUTEI CHUTZ)

The Torah obligates a person to bring to the Beis ha'Mikdash all Kodshim that are fit to be offered as sacrifices, as it states in Vayikra 17:1-7. Besides the Mitzvas Aseh, there is a Lav prohibiting slaughtering them outside of the Azarah ("Shechutei Chutz") and burning them or parts of them outside of the Azarah ("Ha'ala'as Chutz"). In addition, the Tana'im learn (Sanhedrin 34b) that Zerikas ha'Dam (casting the blood) of a sacrifice outside of the Azarah is also prohibited. The punishment for transgressing these prohibitions is Kares (ibid. 17:9; SEFER HA'CHINUCH #186), and the animal remains Asur b'Hana'ah (i.e. it is prohibited to derive any benefit from it).

11)[line 16] CHULIN BI'FNIM (CHULIN BA'AZARAH)

See Background to Chulin 85:10.

12)[line 34]" [ , '.]""SHOR O CHESEV O EZ KI YIVALED [V'HAYAH SHIV'AS YAMIM TACHAS IMO, UMI'YOM HA'SHEMINI VA'HAL'AH YERATZEH L'KORBAN ISHEH LA'SH-M.]"- "When a bull or a sheep or a goat is born [it shall remain with its mother for seven days, and from the eighth day and onward it shall be acceptable as a fire-offering to Hash-m.]" (Vayikra 22:27). The words "Yeratzeh l'Korban Isheh" indicate that this verse is referring to Korbanos.

13)[line 35]" ; .""V'SHOR O SEH, OSO V'ES BENO LO SISHCHATU B'YOM ECHAD."- "And [regarding] a bull or a sheep; do not slaughter it and its offspring on the same day" (Vayikra 22:28).

14)[line 40]'' VAV MOSIF AL INYAN RISHON- (lit. the letter "Vav" adds to the first topic) the letter "Vav" in the word "v'Shor" (Vayikra 22:28), which is the first word in the verse discussing the prohibition of Oso v'Es Beno, makes it an addition to the first subject (i.e. the verse dealing with Korbanos)

15)[line 41]KIL'AYIM- a crossbred animal (in this instance, Kil'ayim refers to a cross between and sheep and a goat, for example)

16)[last line]KOY

(a)There is a Machlokes Tana'im as to which animal Chazal (Mishnah Chulin 83b, et al.) refer to as a "Koy." Some Tana'im rule that it is a crossbreed between certain species of goats and deer, while others rule that it is an independent species (Daf 80a). The Koy shows signs of being both a Behemah (a domesticated farm animal) and a Chayah (a non-farm animal). The Chelev (forbidden fat see Background to Chulin 5:15a) of a Behemah is prohibited and its blood does not need Kisuy ha'Dam (covering after ritual slaughter see Background to Chulin 83:12), while the Chelev of a Chayah is not prohibited but its blood does need Kisuy ha'Dam.

(b)As a result, still other Tana'im rule that the status of a Koy is always in doubt (a Safek). This is usually the context in which the Gemara refers to a Koy, as an animal about which the Halachic status is uncertain. Because of this doubt, the Chelev of a Koy is prohibited and its blood requires Kisuy ha'Dam. (For additional Halachos regarding the Koy, see Bikurim 2:8-11)

78b----------------------------------------78b

17)[line 1] ZEH BANAH AV (BINYAN AV)

In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is called Binyan Av. A Binyan Av (lit. "building through a father" father in this sense means a Biblical source), is a rule of Biblical interpretation in which one subject is deemed a prototype in order to apply a Halachah stated in that subject to other comparable subjects.

18)[line 3]LECHALEK- to divide [the verse] (such that a person need not slaughter a cow and its offspring and a sheep and its offspring in order to be liable to Malkus, as the Gemara here will state explicitly)

19)[line 12]"[ ] [ ;] ; [ .]""[KI ISH] ISH ASHER YEKALEL ES AVIV V'ES IMO [MOS YUMAS;] AVIV V'IMO KILEL; [DAMAV BO.]"- "[For anyone] who curses his father or his mother shall surely be put to death;] he has cursed his father or his mother; [his blood shall be upon him.]" (Vayikra 20:9)

20)[line 23] EM AL HA'BANIM (SHILU'ACH HA'KEN)

It is forbidden to take a mother bird that is sitting on her nest together with the eggs or baby birds; rather, one must first send the mother away as prescribed in Devarim (22:7). If someone doesn't send the mother away, he transgresses both a positive and a negative commandment (SEFER HA'CHINUCH #544, 545).

21)[line 26]MEZUMAN- ready at hand (in one's possession)

22)[line 32] BENO KARUCH ACHARAV- its offspring clings to it

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