1)

(a)Our Mishnah validates almost anybody's Shechitah. What are the three exceptions? Why is their Shechitah Pasul?

(b)What will be the Din if their Shechitah is overseen by others?

(c)We query the Lashon of the Mishnah, in that ha'Kol Shochtin implies Lechatchilah, whereas u'Shechitasan Kesheirah implies Bedieved. Why can they both not be part of one statement, permitting their Shechitah Lechatchilah.

(d)The problem is based on the assumption that ha'Kol implies Lechatchilah. How does Rav Acha b'rei de'Rava query this from the Mishnah in Temurah ha'Kol Memirin, Echad Anashim ve'Echad Nashim?

1)

(a)Our Mishnah validates almost anybody's Shechitah. The three exceptions are - a Cheresh, Shoteh ve'Katan (a deaf-mute, an imbecile and a minor), whose Shechitah is Pasul - because of the likelihood that they will render the Shechitah invalid.

(b)If their Shechitah is overseen by others - it is Kasher.

(c)We query the Lashon of the Mishnah, in that ha'Kol Shochtin implies Lechatchilah, whereas u'Shechitasan Kesheirah implies Bedieved. They cannot both be part of one statement, permitting their Shechitah Lechatchilah - because having said ha'Kol Shochtin, it follows that their Shechitah is Kasher, and it would not need to be said.

(d)The problem is based on the assumption that ha'Kol implies Lechatchilah. Rav Acha b'rei de'Rava queries this however, from the Mishnah in Temurah ha'Kol Memirin, Echad Anashim ve'Echad Nashim - which cannot mean Lechatchilah, because the Pasuk in Bechukosai states "Lo Yachlifenu ve'Lo Yamir Oso", which teaches us the prohibition of declaring an animal a Temurah.

2)

(a)If, on the other hand, ha'Kol means Bedi'eved, how will we explain the double Lashon in our Mishnah?

(b)How did Rav Ashi explain the Mishnah in Temurah, to answer Rav Acha b'rei de'Rava's Kashya?

(c)Why does the Tana there not then simply say ha'Kol she'Heimiru, Temurasan Kesheirah (rather using a Lashon of Lechatchilah, and then having to amend it)?

2)

(a)If ha'Kol means Bedi'eved, we interpret the double Lashon in our Mishnah to mean that - the law of Shechitah applies to everyone, and if they Shechted, their Shechitah is Kasher.

(b)To answer Rav Acha b'rei de'Rava's Kashya, Rav Ashi explains the continuation of the Mishnah's in Temurah to mean (not that one is allowed to declare a Temurah, but) that if one did, the Temurah is effective (to clarify that in spite of the Lashon, it is only Kasher Bedi'eved).

(c)Nevertheless, the Tana there prefers to use a Lashon of Lechatchilah and then to amend it (rather than to simply say ha'Kol she'Heimiru, Temurasan Kesheirah) - because it is a form of expression that is more commonly used by the Tana'im.

3)

(a)We then query the above explanation from the Mishnah in Erchin, ha'Kol Ma'arichin, ve'Ne'erachin, Nodrin ('Dami alai' or 'D'mei P'loni alai') ve'Nidarin. If ha'Kol Ma'arichin comes to include a 'Mufla ha'Samuch le'Ish' (a precocious twelve-year old boy), what does ve'Ne'erachin come to include?

(b)ha'Kol Nidarin (if someone declares about him D'mei P'loni alai) comes to include a baby of less than one month old. Why does the Tana need to teach us that? Why might we have thought otherwise?

(c)What does ha'Kol Nodrin then come to include?

(d)What is the problem with interpreting the Mishnah ha'Kol ... Nodrin ve'Nidarin to mean Lechatchilah?

(e)We learn this from the Pasuk in Ki Seitzei "ve'Chi Sechdal Lindor Lo Yih'yeh b'cha Chet". Which Pasuk in Koheles teaches us the same prohibition?

3)

(a)We then query the above explanation from the Mishnah in Erchin, ha'Kol Ma'arichin, ve'Ne'erachin, Nodrin ('Dami alai' or 'D'mei P'loni alai') ve'Nidarin. ha'Kol Ma'arichin' comes to include a Mufla ha'Samuch le'Ish (a precocious twelve-year old boy), ve'Ne'erachin - a Mukeh Sh'chin (a leper), who has an Erech, in spite of the fact that he has no intrinsic value (he would be worth nothing on the slave market).

(b)ha'Kol Nidarin (if someone declares about him 'D'mei P'loni alai') comes to include a baby of less than one month old, which we might otherwise have thought cannot be Nidar - because he has no Erech.

(c)And the Tana only inserts ha'Kol Nodrin - to balance ve'Nidarin (but not to teach us anything).

(d)The problem with interpreting the Mishnah ha'Kol ... Nodrin ve'Nidarin to mean Lechatchilah - is the fact that making a Neder is prohibited ...

(e)... as we learn from the Pasuk in Ki Seitzei "ve'Chi Sechdal Lindor Lo Yih'yeh b'cha Chet", and in Koheles - "Tov asher Lo Tidor, mi'she'Tidor ve'Lo T'shalem" (as we will now explain).

4)

(a)Based on the previous Pasuk (in Mishlei) "Eis asher Tidor Shaleim", Rebbi Meir in a Beraisa, comments Tov mi'Zeh u'mi'Zeh she'Eino Noder Kol Ikar. How does he interpret the Pasuk?

(b)How does Rebbi Yehudah interpret it?

(c)How do we qualify Rebbi Yehudah's statement, to establish the prohibition of declaring a Neder even according to him?

(d)What makes a Nedavah better than a Neder in this regard?

4)

(a)Based on the previous Pasuk (in Mishlei) "Eis asher Tidor Shaleim", Rebbi Meir in a Beraisa, comments Tov mi'Zeh u'mi'Zeh she'Eino Noder Kol Ikar. He interprets the Pasuk to mean that - even though it is good to make a Neder and to keep it, it is better still not to make a Neder in the first place, because of the likelihood that one will transgress it.

(b)Rebbi Yehudah interprets it to mean that - although it is preferable not to make a Neder than to make one and not keep it, it is better still to make it and to keep it.

(c)We qualify Rebbi Yehudah's statement however - by confining it to someone who says 'Harei Zu' (a Nedavah), but with regard to a Neder, he agrees in principle with Rebbi Meir (that Nodrin means Bedi'eved).

(d)A Nedavah is better than a Neder in this regard, because a. he is no longer liable should it get lost or die, and b. because, having immediately designated the animal, one is less likely to be lax in bringing it.

2b----------------------------------------2b

5)

(a)What Kashya now remains on ha'Kol Shochtin from the Mishnah in Erchin?

(b)We try to counter this Kashya however, from another Mishnah there. What does ha'Kol Chayavin be'Succah and ha'Kol Chayavin be Tzitzis imply?

(c)On what grounds do we reject this counter-proof?

5)

(a)In any event, we see from the Mishnah in Erchin that ha'Kol ... implies Bedi'eved - so back comes the Kashya, if ha'Kol Shochtin is speaking Bedi'eved, then why do we need two Leshonos of Bedi'eved?

(b)We try to counter this Kashya, from another Mishnah there - ha'Kol Chayavin be'Succah and ha'Kol Chayavin be Tzitzis which imply Lechatchilah.

(c)We reject this counter-proof however - since even if ha'Kol Chayavin ... obviously implies Lechatchilah, it doesn't follow that ha'Kol on its own does.

6)

(a)We learned in the Mishnah in Menachos ha'Kol Somchin, Echad Anashim ve'Echad Nashim. What does ha'Kol Somchin come to include?

(b)How do we know that the Tana there must mean Lechatchilah?

(c)What conclusion does that Mishnah force us to draw?

6)

(a)We learned in the Mishnah in Menachos ha'Kol Somchin, Echad Anashim ve'Echad Nashim. ha'Kol Somchin comes to include - an heir who brings the Korbanos of his deceased father.

(b)We know that the Tana there must mean Lechatchilah - since it is a Mitzvah on the part of the heir to do so.

(c)This Mishnah forces us to draw the conclusion - that ha'Kol sometimes means Lechatchilah, and sometimes Bedi'eved.

7)

(a)On what grounds did Rav Ashi assume that ha'Kol Shochtin means Lechatchilah, prompting him to ask the opening contradiction between it and u'Shechitasan Kesheirah?

(b)What could the Tana have written instead (besides just ha'Kol Shochtin)?

(c)If the problem is why the Tana would need to write u'Shechitasan Kesheirah to teach us that ha'Kol Shochtin is Bedi'eved, why can we not ask the same Kashya on the Mishnah in Temurah ha'Kol Mamirin ... Lo she'ha'Adam Rashai Lehamir?

(d)To answer the initial Kashya, we establish ha'Kol Shochtin by Tamei be'Chulin. Why can this not be understood literally?

7)

(a)Rav Ashi assumed that ha'Kol Shochtin must mean Lechatchilah (prompting him to ask the opening contradiction between it and u'Shechitasan Kesheirah - because if it meant Bedi'eved, why would the Tana find it necessary to use a double-Lashon of Bedi'eved (as we explained earlier).

(b)Besides just ha'Kol Shochtin, the Tana could have written - Shechitas ha'Kol Kesheirah, Chutz ... instead.

(c)The problem is indeed why the Tana would need to write u'Shechitasan Kesheirah to indicate that ha'Kol Shochtin is speaking Bedi'eved, yet we cannot ask the same Kashya on the Mishnah in Temurah ha'Kol Memirin ... Lo she'ha'Adam Rashai Lehamir - since there, the Tana needs to continue 'Lo she'Adam Rashai ... Ela', to teach us that Temurah is subject to Malkos (and not to indicate that ha'Kol Mamirin speaks Bedieved).

(d)To answer the initial Kashya, we establish ha'Kol Shochtin' by Tamei be'Chulin - which cannot be understood literally, because there is nothing remotely wrong with a Tamei person eating Chulin.

8)

(a)We therefore establish Tamei be'Chulin by Chulin she'Na'asu al Taharas ha'Kodesh (which has a connection with Isur). What is Chulin she'Na'asu al Taharas ha'Kodesh?

(b)How must one Shecht it?

(c)Then what does u'Shechitasan Kesheirah refer to?

8)

(a)So we establish Tamei be'Chulin by a Tamei person Shechting Chulin she'Na'asu al Taharas ha'Kodesh' - where the owner undertakes to eat his Chulin be'Taharah as if it was Hekdesh (which the Tana considers Kodshim) ...

(b)... and he Shechts it - with a long knife, so as to ensure that he does not touch it ...

(c)... and u'Shechitasan Kesheirah then refers to - real Kodshim, which the Chachamim forbade Lechatchilah.

9)

(a)The Chachamim forbade a Tamei person to Shecht Kodshim, even using a long knife. Why does he require a long knife?

(b)Why did the Chachamim then forbid it?

(c)And how do we establish Chutz mi'Chashu?

(d)Why is their Shechitah Pasul?

9)

(a)The Chachamim forbade a Tamei to Shecht Kodshim even using a long knife - which would enable him to stand outside the Azarah and Shecht the Hekdesh animal that is standing inside).

(b)The Chachamim nevertheless forbade it - in case he goes on to touch the animal (after it has been Shechted).

(c)Whereas we establish Chutz mi'Chashu - even by an ordinary animal of Chulin ...

(d)... and their Shechitah is Pasul - because of the probability that they invalidated it through either Shehiyah (pausing in the middle of the Shechithah), D'risah (pressing on the knife) or Chaladah(Shechting the pipe from underneath in a way that it cannot be seen during the Shechitah).

10)

(a)What is the problem with the final statement in the Mishnah ve'Chulan she'Shachtu ... Kesheirah? Why can it not pertain to ...

1. ... Chashu (with reference to the previous statement)?

2. ... Tamei be'Chulin?

3. ... Tamei be'Mukdashin?

(b)Nevertheless, we establish it by Tamei be'Mukdashin. Why can we not rely on his assurance that he did not touch the Shechted animal?

10)

(a)The problem with the final statement in the Mishnah ve'Chulan she'Shachtu ... Kesheirah is to whom it pertains. It cannot pertain to ...

1. ... Chashu (with reference to the previous statement) - because then the Tana ought to have said ve'Im Shachtu (and not ve'Chulan ... ).

2. ... Tamei be'Chulin - since a Tamei is permitted to Shecht Chulin even Lechatchilah (as we explained, without someone watching him).

3. ... Tamei be'Mukdashin - who is believed to say that he did not touch the animal.

(b)Nevertheless, we establish it by Tamei be'Mukdashin - and the Tana is now speaking in a case where he is no longer available to be asked.

11)

(a)The Mishnah in Zevachim validates Kodshim that have been Shechted by Zarim, Nashim and Avadim (who in fact, may even Shecht Lechatchilah). What does the Tana there say about Kodshei Kodshim that are Shechted by Temei'im?

(b)What problem does that Mishnah create?

(c)We reply that our Mishnah is really the main source for the Halachah, and the Tana only repeats it in Zevachim on account of the other cases that it discusses. How else might we answer the Kashya?

(d)What is the basis of ...

1. ... the first answer?

2. ... the second answer?

11)

(a)The Mishnah in Zevachim validates Kodshim that have been Shechted by Zarim, Nashim, Avadim (who in fact, may even Shecht Lechatchilah) - and Teme'im (even if they Shechted Kodshei Kodshim), provided they do not touch the flesh of the animal (once it has been Shechted).

(b)The problem that Mishnah creates is - why we then need our Mishnah to teach us the same thing.

(c)We reply either that our Mishnah is really the Ikar (the main source) for the Halachah, and the Tana only repeats it in Zevachim on account of the other cases that it discusses there, or that - the main source is the Mishnah in Zevachim, and the Tana only inserts it here because it is similar to the Din of Tamei be'Chulin she'Na'asu al Taharas ha'Kodesh.

(d)The basis of ...

1. ... the first answer is - the fact that the Mishnah here is talking about Shechitah.

2. ... the second answer is - the fact that the Mishnah in Zevachim is talking about Kodshim.

12)

(a)What do we learn from the Pasuk in Chukas (in connection with Tamei Meis) "be'Chalal Cherev"?

(b)Why does that pose a Kashya on the Mishnah, which permits a Tamei to Shecht Kodshim using a long knife?

(c)Why in fact, would this Kashya apply even without the D'rashah of "be'Chalal Cherev"?

(d)Then why do we cite it?

12)

(a)We learn from the Pasuk in Chukas (in connection with Tamei Meis) "be'Chalal Cherev" - that a (metal) sword that has slain someone adopts the same degree of Tum'ah as the Meis (an Avi Avos ha'Tum'ah), and renders whoever touches it an Av.

(b)The Kashya this poses on the Mishnah is - that since metal adopts the same degree of Tum'ah as the Meis (or as the person who touches one) what will it help, if the Tamei Shechts Kodshim using a long knife seeing as he himself, who is now an Avi Avos ha'Tum'ah, renders the metal knife an Av ha'Tum'ah, which in turn, renders the flesh of the Kodshim animal a Rishon?

(c)In fact, this Kashya would apply even without the D'rashah of "be'Chalal Cherev" - even if the Tamei rendered the knife a Rishon, which will then render the flesh a Sheini.

(d)We nevertheless cite it - to strengthen the Kashya (since not only does the flesh become a Sheini le'Tum'ah, but it even becomes a Rishon).

13)

(a)How do we answer the basic Kashya? What sort of Tamei must the Tana be talking about?

(b)Why will he then not render the knife Tamei?

(c)How can we establish the Mishnah even with regard to a Tamei Meis, and yet avoid the problem?

(d)How do we know that such a knife is eligible to Shecht with?

13)

(a)We answer the basic Kashya - by establishing the Tamei as a Tamei Sheretz (and not a Tamei Meis, as we thought until now) ...

(b)... and a Tamei Sheretz does not have the power to be Metamei a K'li (something which, min ha'Torah, only an Av can do).

(c)Alternatively, we can establish the Mishnah even with regard to a Tamei Meis, and still avoid the problem - by establishing the knife (not as a metal one but) as a strip of cane which falls under the category of Peshutei K'lei Eitz' (flat wooden vessels), which are not subject to Tum'ah.

(d)We know that such a knife is eligible to Shecht with - from a Beraisa, which permits Shechting with a rock, a piece of glass or a strip of cane.

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