WHO HAS THE MITZVAH OF SHOFAR?
(Beraisa - Chachamim): Teki'as Shofar in the Gevulim disproves this. We do not blow on Shabbos even for a Vadai (definite) Mitzvah, but we do blow on Yom Tov for a Safek!
Question: What is the case of a Safek Mitzvah of Shofar?
Suggestion: We are not sure which day is (mid'Oraisa) Rosh Hashanah.
Rejection: Teki'as Shofar overrides Vadai Yom Tov. All the more so, it overrides Safek Yom Tov!
Answer: Rather, the Safek is a Tumtum (Safek male. Perhaps (s)he is a female, and she is exempt.)
This is not difficult for R. Yosi, for he permits women to perform Teki'as Shofar (and all other Mitzvos that apply only at certain times);
(Beraisa): Bnei Yisrael do Semichah (lean full weight on the neck of the Korban). Benos Yisrael do not;
R. Yosi and R. Shimon say, Benos Yisrael may do Semichah if they want.
Question (Ravina): Even though Chachamim forbid women to sound a Shofar on Yom Tov, their question is invalid!
Teki'as Shofar overrides Shabbos in the Mikdash (therefore, a Safek overrides Yom Tov). We cannot learn to Kisuy ha'Dam, for this never overrides Shabbos!
Beraisa (R. Elazar Hakapar Beribi): Milah does not apply on Yom Tov night...
Question: This implies that Milah applies on other nights!
Correction: Rather, R. Elazar asks that Milah applies only during the day, but Kisuy is also at night, so one cannot learn from Milah!
R. Aba: R. Chiya said that he one cannot challenge R. Yosi's Kal va'Chomer. R. Elazar Hakapar challenged it.
SHECHITAH THAT DOES NOT PERMIT THE MEAT
(Mishnah - R. Meir): The Mitzvah to cover the blood applies even in the following cases:
The animal was found to be Terefah; it was slaughtered for idolatry; Chulin b'Azarah (Chulin slaughtered in the Mikdash); Shechutei Chutz; the animal had been sentenced to be stoned (e.g. for killing a person);
Chachamim say, there is no Mitzvah in these cases.
Kisuy does not apply if the animal became a Nevelah, or if Nechirah or Akirah was done (the Simanim were cut lengthwise or uprooted, and not slaughtered).
(Gemara - R. Chiya bar Aba): Regarding Oso v'Es Beno, Rebbi holds like R. Meir (that Shechitah that does not permit the meat is considered Shechitah), therefore the Mishnah attributes this opinion to 'Chachamim';
Regarding Kisuy ha'Dam, Rebbi holds like R. Shimon (that invalid Shechitah is not considered Shechitah), therefore the Mishnah attributes this opinion to 'Chachamim'.
Question: What is R. Meir's reason regarding Oso v'Es Beno?
Answer (R. Yehoshua ben Levi): He learns a Gezerah Shavah "Shechitah-Shechitah" from Shechutei Chutz. Just like there, it is considered Shechitah (even though the animal is forbidden), also regarding Oso v'Es Beno.
Question: What is R. Shimon's reason regarding Oso v'Es Beno?
Answer (R. Mani bar Patish): He learns a Gezerah Shavah from "Tavo'ach Tevach" (written concerning the meal prepared for Yosef's brothers). Kisuy applies only for such a Shechitah, i.e. one that permits the meat.
Question: Why does R. Meir argue?
Answer: (Regarding Oso v'Es Beno it says "Sishchatu".) It is better to learn from (another form of) the same word, and not from a different word (Tevichah).
Question: We can learn a Gezerah Shavah from a different word!
(Beraisa - Tana d'Vei R. Yishmael): A Gezeirah Shavah "v'Shav ha'Kohen u'Va ha'Kohen" teaches that the law (of a house with Tzara'as) when the Kohen (first) returns is the same like when he comes (another week later.)
Answer: We can learn a Gezerah Shavah from a different word only if it cannot be learned from the same word. Here, it can be learned from the same word.
Question: Why doesn't R. Shimon learn like R. Meir, from Shechutei Chutz?
Answer: It is better to learn Chulin from Chulin than from Kodshim.
R. Meir argues, because Oso v'Es Beno applies also to Kodshim!
This is why Rebbi holds like R. Meir regarding Oso v'Es Beno.
Question: Why is R. Meir's reason regarding Kisuy ha'Dam?
Answer (Reish Lakish): He learns a Gezerah Shavah "Shefichah-Shefichah" from Shechutei Chutz. Just like there, it is considered Shechitah (even though the animal is forbidden), also regarding Kisuy.
R. Shimon argues, because it says "that will be eaten".
R. Meir says that this teaches that Kisuy does not apply to Tamei birds.
R. Shimon counters that just like "that will be eaten" excludes Tamei birds, it also excludes Terefah birds (and all other invalid slaughters)!
This is why Rebbi holds like R. Shimon regarding Kisuy ha'Dam.
WHERE R. MEIR AND R. SHIMON AGREE
(R. Aba): R. Meir agrees that an invalid Shechitah does not permit the meat. R. Shimon agrees that an invalid Shechitah is Metaher (from Tum'as Nevelah).
Question: Obviously, Shechitah of a Terefah does not permit the meat!
Answer: R. Aba must teach that Shechitah of a Terefah does not permit a living nine-month (i.e. viable) fetus inside.
One might have thought that since R. Meir considers Pasul Shechitah to be Shechitah, it permits the fetus. R. Aba teaches that this is not so.
Question: R. Meir requires Shechitah even for a Ben Peku'ah (found inside a Kosher slaughtered mother)!
Answer: Indeed, the law is obvious according to R. Meir. R. Aba teaches that Rebbi admits in this case.
Rebbi considers Pasul Shechitah to be Shechitah, like R. Meir. He holds like Chachamim, that Kosher Shechitah is Metaher (and permits) a Ben Peku'ah inside.
One might have thought that Shechitah of the mother permits the child, even if the mother is Terefah. R. Aba teaches that this is not so.
(R. Aba): R. Shimon admits that Pasul Shechitah is Metaher from Tum'as Nevelah.
Question: This is obvious!
(Rav Yehudah): "When will die from an animal" teaches that some animals are Metamei (like a Nevelah), and others do not;
A slaughtered Terefah is not Metamei.
Answer: R. Aba must teach about a Chulin Terefah slaughtered in the Mikdash;
(Beraisa - R. Shimon): If a Chulin Terefah was slaughtered in the Mikdash, one may benefit from the carcass;
One might have thought that since Chachamim permit benefit from the carcass, it is as if it was not slaughtered at all. R. Aba teaches that this is not so.
Question (Rav Papa): May we infer that R. Shimon forbids Chulin b'Azarah mid'Oraisa?
Answer (Abaye): Yes!
(Mishnah - R. Shimon): Chulin Behemos slaughtered in the Azarah must be burned. The same applies to Chayos.
If a Behemah becomes forbidden mid'Oraisa, it is reasonable to decree the same for a Chayah. (Rashi - really, also a Chayah also becomes forbidden mid'Oraisa.)
However, if a Chulin Behemah is forbidden only mid'Rabanan, this would be a decree, lest people will eat Kodshim outside;
It is unreasonable to forbid a Chayah (due to a Behemah). That is a decree due to a decree!
SHECHITAH FOR THE SAKE OF THE BLOOD
A moth fell into R. Chiya's flax (which was soaking in water). He wanted to chase it out with blood. Rebbi told him to slaughter a bird over the water.
Question (Beraisa): If one slaughters (a bird or Chayah) only for the sake of the blood, he must cover the blood;
The only solution is to do Nechirah or Akirah (instead of Shechitah.)
Version #1 (Rav Dimi): Rebbi told him to make the bird a Terefah before slaughtering it.
Version #2 (Rav Dimi): Rebbi told him to do Nechirah.
Question: According to Version #1, why didn't he say to do Nechirah?
Suggestion: Rebbi holds that the Torah does not require Shechitah of birds. Nechirah suffices (so also Nechirah obligates Kisuy)!
Rejection (Beraisa - Rebbi): "Like I commanded you" teaches that Moshe received laws of slaughtering the Veshet, the Kaneh, the majority of one Siman of a bird, the majority of both Simanim of an animal.
Answer: Rebbi taught a bigger Chidush;
One might have thought that Nechirah is exempt from Kisuy ha'Dam, for it is not Shechitah, but one must cover the blood of a slaughtered Terefah. He teaches that this is not so;
This is like R. Chiya bar Aba. (Regarding Kisuy, Rebbi holds like R. Shimon, that invalid Shechitah is not considered Shechitah.)