CHULIN 31-43 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

(a)Rebbi Zeira explains 'Hayah Shochet, ve'Hitiz es ha'Rosh be'Bas Achas, Im Yesh be'Sakin M'lo Tzavar' to mean M'lo Tzavar ve'Chutz le'Tzavar. What are the two possible explanations of Rebbi Zeira's statement?

(b)How do we resolve the She'eilah from the Seifa 'Hayah Shochet, Ve'hitiz Sh'nei Rashin be'Bas Achas, Im Yesh be'Sakin M'lo Tzavar Echad, Kesheirah'?

1)

(a)Rebbi Zeira explains 'Hayah Shochet, ve'Hitiz es ha'Rosh be'Bas Achas, Im Yesh be'Sakin M'lo Tzavar' to mean M'lo Tzavar ve'Chutz le'Tzavar - which means either a second M'lo Tzavar over and above the first one, or only a Mashehu more.

(b)We resolve the She'eilah from the Seifa 'Hayah Shochet, Ve'hitiz Sh'nei Rashin be'Bas Achas, Im Yesh be'Sakin M'lo Tzavar Echad, Kesheirah' - which can only mean an extra M'lo Tzavar over and above the two neck-lengths of the two animals. Consequently, M'lo Tzavar in the Reisha must also mean a M'lo Tzavar more than the initial neck-length.

2)

(a)Rav Menasheh qualifies the Izmal permitted by our Mishnah. What kind of Izmal will the Tana not permit?

(b)On what grounds does he invalidate ...

1. ... the above Izmal?

2. ... also a needle?

(c)How does he try to ...

1. ... prove from the Seifa of our Mishnah 'Aval Im Holich Veheivi, Afilu Kol-Shehu', that a leather-maker's needle is Kasher to Shecht with? What advantage does a leather-maker's needle have over a regular one in this regard.

2. ... counter Rav Acha b'rei de'Rav Ivya, who establishes Kol-Sh'hu by an Izmal?

(d)How does Rav Acha refute Rav Menasheh's proof?

(e)And how does the latter refute Rav Acha b'rei de'Rav Ivya's claim that Kol-Shehu must refer to an Izmal, because if a leather-maker's needle is Kasher, why would the Tana need to insert an Izmal in the Mishnah?

2)

(a)Rav Menasheh qualifies the Izmal permitted by our Mishnah. According to him, the Tana will - forbid one which has a section coming off it at right angles, which contains a pair of vertical horn-like projections (Karnayim).

(b)He invalidates ...

1. ... the above Izmal - because, due to its small size, it is likely to slip from the neck and either make Chaladah or make a hole in the Veshet.

2. ... also a needle - because it tears the Simanim, as opposed to cutting them.

(c)He tries to ...

1. ... prove that a leather-maker's needle, which has sharp sides (to cut the yarn) will be permitted, from - 'Afilu Kol-Shehu' in our Mishnah ('Aval Im Holich Veheivi Afilu Kol-Shehu', Afilu be'Izmal Kesheirah'), which is otherwise superfluous.

2. ... counters Rav Acha b'rei de'Rav Ivya, who establishes Kol-Shehu by an Izmal - by pointing out that the Tana goes on to specifically mention an Izmal (so why would he need to incorporate it by means of a Ribuy.

(d)Rav Acha refutes Rav Menasheh proof - by suggesting that Afilu be'Izmal Kesheirah comes to explain 'Afilu Kol Shehu' that precedes it.

(e)Whereas the latter refutes Rav Acha b'rei de'Rav Ivya's claim that Kol-Shehu must refer to an Izmal, because if a leather-maker's needle is Kasher, why would the Tana need to insert an Izmal in the Mishnah - since perhaps it is necessary to dispel the notion that perhaps Chazal decreed an Izmal without Karnayim on account of an Izmal with Karnayim.

3)

(a)What does our Mishnah learn from the Pasuk in Ki Savo "Vezavachta Ve'achalta"? What sort of Shechitah does this Pasuk preclude?

(b)What do we extrapolate from there with regard to someone who actually throws the knife and it Shechts in flight?

(c)Who is the author of our Mishnah?

3)

(a)Our Mishnah learns from the Pasuk in Ki Savo "Vezavachta Ve'achalta" that - if a knife falls out of somebody's hands and Shechts, the Shechitah is Pasul.

(b)We extrapolate from there that if someone actually throws the knife and it Shechts in flight - the Shechitah is Kasher.

(c)And the author of our Mishnah must then be Rebbi Nasan (as we will now see) - who considers a Shechitah Kasher even though the Shochet did not actually intend to Shecht.

4)

(a)Oshaya Ze'ira de'min Chavraya cites a Beraisa, which discusses a case where someone throws a knife at a wall, and it Shechts in flight. What might 'Oshaya *Ze'ira* de'min Chavraya' mean?

(b)Rebbi Nasan validates the Shechitah. What do the Chachamim say?

(c)After citing this Machlokes, what did Oshaya Ze'ira de'min Chavraya add?

4)

(a)Oshaya Ze'ira de'min Chavraya cites a Beraisa, which discusses a case where someone throws a knife at a wall, and it Shechts in flight. 'Oshaya Ze'ira de'min Chavraya' means - either Oshaya the youngest in the Yeshivah, or Oshaya Ze'ira of the Yeshivah.

(b)Rebbi Nasan validates the Shechitah - the Chachamim invalidate it.

(c)After citing this Machlokes, Oshaya Ze'ira de'min Chavraya added that - the Halachah is Rebbi Nasan.

5)

(a)Why did Rava need to establish the Mishnah in the first Perek (regarding a Chashu) 've'Chulan she'Shachtu, va'Acherim Ro'in osan, Shechitasan Kesheirah', like Rebbi Nasan?

(b)Having established the S'tam Mishnah ...

1. ... there like Rebbi Nasan, why did he find it necessary to teach us the same here?

2. ... here like Rebbi Nasan, why did he find it necessary to teach us the same there?

5)

(a)Rava needed to establish the Mishnah in the first Perek (regarding a Chashu) 've'Chulan she'Shachtu, va'Acherim Ro'in osan, Shechitasan Kesheirah' like Rebbi Nasan - because a Cheresh, Shoteh and Katan do not have Kavanah, and what they therefore do, they do without Kavanah.

(b)Having established the S'tam Mishnah ...

1. ... there like Rebbi Nasan, Rava nevertheless found it necessary to teach us the same here - because, unlike there, he did not even mean to cut anything.

2. ... here like Rebbi Nasan, he found it necessary to teach us the same there - even though, unlike here, the Shechitah was not even performed by someone who has Da'as.

6)

(a)Rav Yehudah Amar Rav declared a Nidah who Toveled be'O'neis Mutar to her husband. What did he say about eating Terumah?

(b)And what did Rebbi Yochanan say?

(c)On what grounds did Rava object to Rav Yehudah's ruling? Why did he think that if the woman is Tahor regarding her husband, then she ought certainly to be Tahor regarding Terumah?

(d)What did Rav Nachman answer him?

6)

(a)Rav Yehudah Amar Rav declared Mutar a Nidah who Toveled be'O'neis to her husband - but ruled that she is Tamei as regards eating Terumah ...

(b)... whereas Rebbi Yochanan - declared her Tamei for her husband too.

(c)Rava objected to Rav Yehudah's ruling, on the grounds that if the Tevilah permits the woman to her husband - (which is a Chiyuv Kareis, incorporating the punishment of dying childless [see Gilyon ha'Shas]), then Kal va'Chomer it ought to permit her to eat Terumah (which is only a Chiyuv Misah bi'Yedei Shamayim).

(d)Rav Nachman answered him that - the criterion is not the severity of the sin, but the fact that Terumah, which is a form of Kodshim, requires Kavanah, whereas being with her husband is Chulin, and Chulin does not.

7)

(a)What does the Mishnah in Mikva'os say about a wave comprising forty Sa'ah, that detaches itself from the sea, and falls on to a Tamei person and vessels?

(b)What does Rav Nachman mean when he extrapolates 'Adam Dumya de'Keilim'?

(c)What does he try to prove from there?

(d)On what basis do we refute Rav Nachman's proof, to say instead 'Keilim Dumya de'Adam'?

7)

(a)The Mishnah in Mikva'os rules that a wave comprising forty Sa'ah, that detaches itself from the sea, and falls on to a Tamei person and vessels - renders them Tahor.

(b)When Rav Nachman extrapolates 'Adam Dumya de'Keilim' he means that - the Tana compares the person to the vessels, and that like *they* have no Kavanah, neither does *he* ...

(c)... a proof that Tevilas Chulin does not require Kavanah.

(d)We refute Rav Nachman's proof (to say instead Keilim Dumya de'Adam) - by establishing the Mishnah where the person was anticipating the wave falling on him (Yoshev u'Metzapeh), and likewise, falling on the vessels.

8)

(a)What problem do we have with establishing the Mishnah by Yoshev u'Metzapeh?

(b)We answer that the Tana needs to teach us that we do not decree on account of a Chard'lis shel Geshamim. What is a Chard'lis shel Geshamim?

(c)Why is Tevilah in a Chard'lis shel Geshamim not Kasher?

(d)Alternatively, he is teaching us that we do not decree Rashin Atu Kipin. What does that mean?

(e)What is the source for the prohibition of Toveling in the Kipin of a wave? Why is it not valid?

8)

(a)The problem with establishing the Mishnah by Yoshev u'Metzapeh is that - the ruling then appears to be obvious, and does not require a Mishnah.

(b)We answer that the Tana needs to teach us that we do not decree on account of a Chard'lis shel Geshamim - a torrent of rain flowing down the mountainside in the form of a stream (some refer to it as Hard'lis [because it flows from the source on the mountain), which is not a Kasher Tevilah.

(c)... because it does not contain forty Sa'ah in one location.

(d)Alternatively, he is teaching us that we do not decree Rashin - (Toveling at the foot of the wave (as it reaches the ground) Atu Kipin (on account of Toveling in the middle (the section that is in the air, and that resembles an arch).

(e)The source for the prohibition of Toveling in the Kipin of a wave is - a Beraisa, which invalidates it, because one cannot Tovel in the air.

31b----------------------------------------31b

9)

(a)If fruit falls into a stream, and a Tamei person stretches his hand into the water to retrieve it, the Mishnah in Machshirin declares his hands Tahor. What does the Tana say about the fruit?

(b)If, on the other hand, he stretches his hand into the water in order to wash it, then his hand is Tahor, and the fruit, be'chi Yutan. Why is that?

(c)What do we learn from this Mishnah?

9)

(a)If fruit falls into a stream, and a Tamei person stretches his hand into the water to retrieve it, the Mishnah in Machshirin declares his hand is Tahor - and (seeing as he is not interested in the water), the fruit is not be'chi Yutan (Muchshar Lekabeil Tum'ah).

(b)If, on the other hand, he stretches his hand into the water in order to wash it, then the hand is Tahor, and the fruit, be'Chi Yutan - because he has now demonstrated (albeit retroactively) that he wants the water.

(c)We learn from this Mishnah that - Tevilah by Chulin does not require Kavanah.

10)

(a)What does Rava extrapolate from the Beraisa 'Taval le'Chulin Vehuchzak le'Chulin, Asur le'Ma'aser'? Bearing in mind that Huchzak means that he had Kavanah, what does he try to prove from there?

(b)How does Rav Nachman counter Rava's proof?

(c)And he explains the Beraisa 'Taval ve'Lo Huchzak, Ke'ilu Lo Taval' to mean that he did not have the intention to Tovel for eating Ma'aser. What does Rava initially think?

(d)How does he himself prove that this was not the case?

10)

(a)Bearing in mind that Huchzak means that he had Kavanah, Rava extrapolates from the Beraisa 'Taval le'Chulin Vehuchzak le'Chulin Asur le'Ma'aser' - that someone who does not have Kavanah for Chulin is not Tahor for Chulin either (a Kashya on Rav Nachman).

(b)Rav Nachman counters that the Tana is not coming to preclude Lo Huchzak le'Chulin, but - to teach us that even if a person has Kavanah for Chulin, it does not help for Ma'aser (until he has specific Kavanah for Ma'aser).

(c)And he explains the Beraisa 'Taval ve'Lo Huchzak, Ke'ilu Lo Taval' to mean that he did not have the intention to Tovel for eating Ma'aser. Rava initially thought that - this was a Dochek ...

(d)... until he discovered a Beraisa in support of Rav Nachman, which forced him to retract.

11)

(a)Abaye asked Rav Yosef whether these proofs that Chulin does not require Kavanah, do not pose a Kashya on Rebbi Yochanan. Which ruling of Rebbi Yochanan was he referring to?

(b)The latter replied that Rebbi Yochanan holds like Rebbi Yonasan ben Yosef, who discusses the two washings of a Beged that is stricken with Tzara'as. What is Tachboses ...

1. ... Rishonah?

2. ... Sheniyah?

(c)What does Rebbi Yonasan ben Yosef learn from the Pasuk in Tazri'a "Vechubas Sheinis ... "?

(d)And what does he learn from " ... Vetaher"?

11)

(a)Abaye asked Rav Yosef whether the Beraisos that Chulin does not require Kavanah, does not pose a Kashya on Rebbi Yochanan - who stated earlier that Tevilas Nidah, even for her husband, requires Kavanah.

(b)He replied that Rebbi Yochanan holds like Rebbi Yonasan ben Yosef, who discusses the two washings of a Beged that is stricken with Tzara'as Tachboses ...

1. ... Rishonah - takes place before the seven days, when the garment requires seclusion.

2. ... Sheniyah - takes place after the seven days, assuming that the signs of the plague have disappeared

(c)Rebbi Yonasan ben Yosef learns from the Pasuk in Tazri'a "Vechubas Sheinis Ve'taher that - the second washing, just like the first one (by which the Torah writes "Vetzivah ha'Kohen Ve'chibsu"), must be performed with Kavanah. And from ...

(d)... "Vetaher", he learns that - it does not require the Kavanah of the Kohen.

12)

(a)How does Rav Shimi bar Ashi query Rebbi Yochanan from our Mishnah 'Naflah Sakin Veshachtah ... Pesulah', based on the inference?

(b)Rava answers that even Rebbi Yonasan ben Yosef will concede that Shechitas Chulin does not need Kavanah. Why not? What does he learn from "li'Retzonchem Tizbachuhu"?

(c)How will the Rabbanan counter that?

(d)Rava proves Rebbi Nasan right from the Pasuk in Re'ei "Vezavachta" (in connection with Shechitas Chulin). What does he prove from there?

12)

(a)Rav Shimi bar Ashi queries Rebbi Yochanan from our Mishnah 'Naflah Sakin Veshachtah ... Pesulah' - from which we extrapolated 'Ha Hipilah Hu, Kesheirah, indicating that Shechitas Chulin does not require Kavanah.

(b)Rava answers that even Rebbi Yonasan ben Yosef will concede that Shechitas Chulin is different, because the Pasuk in Kedoshim "li'Retzonchem Tizbachuhu" - from which we learn that Mis'asek by Kodshim (Shechting them without Kavanah),is Paasul, implies that the equivalent by Chulin is Kasher.

(c)The Rabbanan concede that - although it does not require Kavanah to Shecht, it does require Kavanah to cut.

(d)Rava proves Rebbi Nasan right from the Pasuk in Re'ei "Vezavachta" (in connection with Shechitas Chulin) - in which case, either one requires Kavanah for Shechitah or one doesn't, and if one doesn't (like Rebbi Nasan), then there is no source that requirtes Kavanah to cut.

13)

(a)When we spoke earlier of Nidah she'Ne'ensah ve'Tavlah, why can we not be referring to where her friends Toveled her against her will?

(b)What does the Mishnah in Nidah say about a Chareshes, a Shotah, a Kohenes who is blind or one who is demented, eating Terumah?

(c)How does Rav Papa therefore establish the case of Nidah she'Ne'ensah, according to ...

1. ... Rebbi Nasan

2. ... the Rabbanan?

13)

(a)When we spoke earlier of Nidah she'Ne'ensah ve'Tavlah, we cannot be referring to where her friends Toveled her against her will - because that is considered Kavanah, as we learned ...

(b)... in the Mishnah in Nidah, which rules that with regard to a Chareshes, a Shotah, a blind Kohenes or one who is demented, if other women inspect them and Tovel them - they are permitted to eat Terumah.

(c)Rav Papa therefore establishes the case of Nidah she'Ne'ensah, according to ...

1. ... Rebbi Nasan - where she fell from a bridge.

2. ... the Rabbanan - where she entered a river in order to cool herself and slipped in the water and Toveled.

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