1)

TOSFOS DH CHITUCHA

úåñôåú ã"ä çéúåëà

(SUMMARY: Tosfos explains that there is another case where a Jew must suspect that the meat a Nochri received from a Jew is Treifah.)

ôéøù á÷åðèøñ ãçéúåê ãòåáã ëåëáéí áéøê àéðå òùåé ëùì éùøàì ùäåà ôåøòä ëãøê ùäâéã îåðç

(a)

Explanation: Rashi explains that the cut a Nochri makes in a thigh of meat is not the same as the cut made by a Jew, as the Nochri cuts it opposite the Gid (as he does not intend to cut it out).

åòì ãà ñîéê øáé áùåìç éøê òì éã òåáã ëåëáéí ìçáéøå åìà òùä áå çåúí ãëùøä äéà àí çúåëä ëãøê ùéùøàì çåúëä àçø çèéèú âéã òë"ì

1.

Explanation (cont.): This is why Rebbi was lenient regarding someone who sent a thigh of meat via a Nochri messenger to his friend without making a seal. He said that it was permitted if it is cut in a way that a Jew would cut it after he had already dug out the Gid.

åúéîä ãàí ëï ìå÷îéä àó ëùàéï îëøéæéï åçúåëä ìà ìéùãø ìéä ãìîà àúé ìéæãáåðé ìéùøàì ãëéåï ãçéúåê ãéùøàì îéãò éãéò ìà éçåù éùøàì äáà ì÷ðåúä ùîà èøôä äéà ãàí ëï ìîä ôúçä åçúëä ëãøê ùòåùéï ëãé ìéèåì äâéã

(b)

Question: This is difficult. If so, let us say that this is even in a place where they do not announce a Treifah, and he should not send a cut thigh as perhaps he will sell it to a Jew. As it is clear that it is the cut of a Jew, the person who wants to buy it will not realize it is a Treifah. If it was a Treifah (he will reason), why would the meat have been cut in a way that indicates the Gid was going to be taken out?

åëé úéîà ãçééù éùøàì ùîà àçø ëê ðåãò ìå ùäéà èøôä

1.

Answer: You might say that the Jew will suspect that he may find out later that it was a Treifah.

ãà"ë îèòí æä ðàñåø áùåìç éøê ìçáéøå ò"é òåáã ëåëáéí ùîà ðæãîðä ìòåáã ëåëáéí éøê àçøú ùìà ðåãò ìéùøàì ùäéúä èøôä òã àçø ùðéèì âéãä åäçìéôä áæàú

2.

Question (cont.): If so, for this reason we should forbid sending a thigh via a Nochri messenger, lest the Nochri messenger obtain a different thigh that the Jew does not know about that was discovered to be a Treifah after its Gid was taken out, and he will switch it for this thigh!

åé"ì ãëåìé äàé ìà çééùéðï ãìà ùëéç ùéæãîï ëê ìéã òåáã ëåëáéí àáì äéëà ãéùøàì ùìç ìòåáã ëåëáéí çééù éùøàì áî÷åí ùàéï îëøéæéï àò"ô ùðéèì âéãä ãìîà ãìëê ùìçä ìòåáã ëåëáéí ìôé ùðåãò ìå àçø ðé÷åø ãèøôä äéà

(c)

Answer: We do not suspect that such an uncommon case, where the Nochri finds a similar Treifah thigh, will occur. However, where the Jew sent the Nochri the thigh, a Jew (who wants to buy it from the Nochri) must suspect that it is unkosher (without a seal) in a place where they do not announce Treifos. This is because it is possible that the Jew sent it to the Nochri because he found out after he already dug out the Gid ha'Nasheh that the animal was a Treifah.

2)

TOSFOS DH TREIFAH

úåñôåú ã"ä èøôä

(SUMMARY: Tosfos explains why the incident with Shmuel indeed proves that there is a prohibition of Geneivas Da'as of a Nochri.)

åà"ú ìòåìí àéîà ìê ãîåúø ìâðåá ãòúå ùì òåáã ëåëáéí åàé÷ôã îùåí ãàîø ìå ìòåáã ëåëáéí ùçåèä äéà åàéëà ìîéâæø ùîà éúððä ìå áôðé éùøàì åé÷ðä îîðå

(a)

Question: It is possible I will tell you that it is permitted to do Geneivas Da'as to a Nochri. The only reason he was upset was because his helper told the Nochri that it was a slaughtered chicken. Saying this should be forbidden lest the Nochri accept it in front of a Jew who will proceed to buy it from him (thinking it is kosher).

åé"ì ãî"î àéëà ìîéã÷ îéðéä ãàñåø ìâðåá ãòúå ãàé ùøé ìéëà ìîéçù ùîà é÷ðä îîðå éùøàì ãéçåù ãìâðåá ãòúå ùì òåáã ëåëáéí àåîø ëï

(b)

Answer: Even so, it is still possible to deduce from here that it is forbidden to do Geneivas Da'as to a Nochri. If it would be permitted, there is no suspicion that the Jew will buy the chicken from the Nochri, as he will suspect that the Jew was doing Geneivas Da'as when he said it was slaughtered.

94b----------------------------------------94b

3)

TOSFOS DH AMAR ABAYE

úåñôåú ã"ä àîø àáéé

(SUMMARY: Tosfos explains the Beraisa in the context of the Amoraim's comments on the Beraisa.)

úéîä ìàáéé åøáà åøá àùé áøéùà äéëé îùãø ìéä çúåëä äà ìòéì àîøé' çúåëä àñåø âæéøä ùîà éúððä ìå áôðé éùøàì àé ðîé îùåí ãâðéá ìéä ãòúéä

(a)

Question: There is a difficulty according to Abaye, Rava, and Rav Ashi. In the first case of the Beraisa, how is he allowed to send a cut piece? We said earlier that this is forbidden, lest he send this to a Nochri in front of a Jew or because he is doing Geneivas Da'as to the Nochri!

åé"ì ãìéú ìäå ìäðê ùéðåéé àìà ùéðåééà ÷îà ãàå÷é áî÷åí ùîëøéæéï åçéúåê ãòåáã ëåëáéí îéãò éãéò

(b)

Answer: According to the answers of these Amoraim the only answer earlier that applies is the first answer that it is in a place where they announce Treifos and the cut of a Nochri will be recognizable.

åáçðí ôéøù á÷åðèøñ àîéìúéä ãøá àùé ãôìéâ úðà ãîúðé' àúðà ãáøééúà ãéëåì ìåîø øá àùé áùéðåéà ÷îà ãìòéì ëãôøéùéú

1.

Answer (cont.): Rashi had no reason to explain regarding Rav Ashi's answer that the Tana of our Mishnah argues on the Tana of the Beraisa. He could have explained that Rav Ashi is using the first answer stated earlier, as we have explained.

åäà ã÷úðé îöéòúà ãàéï îåëøéï ðáìåú åèøôåú ìòåáã ëåëáéí îôðé ùîèòäå ãå÷à áîëéøä äåà ãàñåø ìôé ùäòåáã ëåëáéí ðúï îòåú áúåøú ùçåèä àáì áùåìç ãåøåï ìà çééùéðï

(c)

Explanation: The middle case that says one cannot sell Neveilos and Treifos to Nochrim due to Geneivas Da'as is only regarding selling, as the Nochri pays as if the meat was slaughtered. However, he is allowed to send the Nochri a present.

åñéôà ãçééù ùîà éîëøå ìå ðáìåú åèøôåú ìà ùéîëøå áúåøú ùçåèä àìà ùîà éîëøå ìå åéåãéòåäå ùäéà èøôä åäòåáã ëåëáé' ìà éâéã ìå åìäà çééùé àîåøàé ãäëà

1.

Explanation (cont.): The last case, where there is a suspicion they will sell him Neveilos and Treifos, is not where we suspect they sell it as slaughtered. Rather, perhaps they will sell it to him and tell him it is a Treifah, and the Nochri will not tell this to the Jew. This is what these Amoraim suspect.

åäà ã÷úðé åàçã ùîà éçæåø åéîëøðä ìéùøàì ìàáéé åøáà àééøé áî÷åí ùîëøéæéï åìà äëøéæå àáì áî÷åí ùàéï îëøéæéï ìà çééùéðï ãìîà äãø æáéï ìä éùøàì îéðéä àôéìå áîëéøú èáç áàéèìéæ ãàéëà éùøàì èåáà

2.

Explanation (cont.): When the Beraisa says that we suspect that he will resell it to a Jew, according to Abaye and Rava the case is where they announce when an animal is found to be a Treifah, and they did not announce. However, in a place where they do not announce Treifos, we do not suspect that a Jew will buy it from the Nochri, even from his butcher shop, as there are many Jews to buy from.

åøá àùé çééù ëéåï ãèåáà éùøàì ÷ééîé äúí ãéìîà çã îéðééäå äãø æáéï ìä îéðéä ëãôéøù á÷åðèøñ åîéäå ìääåà ùéðåééà ãîùðé ìòéì âæéøä ùîà éúððä ìå áôðé éùøàì ÷ùä øéùà ãäê áøééúà åãåç÷ ìåîø ãôìéâ

3.

Explanation (cont.): Rav Ashi suspects that as there are many Jews there, perhaps one of them will end up buying from the Nochri, as Rashi explains. However, according to the answer that was given earlier, that this is a decree lest he give it to the Nochri in front of a Jew, the first case proves difficult. It is also difficult to say the cases argue.

åîôøù ø"ú ãìòéì áîúðéúéï àééøé áàåîø äéùøàì ìòåáã ëåëáéí ùäéà îðå÷øú åäúí äåà ãàñåø îùåí ãâåðá ãòúå àáì ùìéîä äà çæé ìéä òåáã ëåëáéí ùìà ðéèì äâéã àò"ô ùéùøàì àîø ìå ùðéèì éåãò òåáã ëåëáéí ùäåà îù÷ø

(d)

Opinion: Rabeinu Tam explains that the Mishnah earlier is referring to when the Jew says to the Nochri the thigh has had the Gid taken out of it. This is forbidden due to Geneivas Da'as. However, if it is whole, the Nochri sees that the Gid was not taken out. Even if the Jew will tell him it was, the Nochri knows he is lying.

åìëê çééùéðï ðîé áçúåëä ùîà éúððä ìå áôðé éùøàì åé÷ðä éùøàì îï äòåáã ëåëáéí àó áî÷åí ùàéï îëøéæéï åéàëìðä áâéãä åìà çééù ãìîà èøôä äéà îàçø ùàåîø éùøàì áùòä ùðåúðä ìòåáã ëåëáéí ùú÷ðä åèøç áä ìéèåì äâéã òã ùøàåé ìòöîå ãàôé' éäà îåúø ìâðåá ãòú äòåáã ëåëáéí î"î ìà îñé÷ àãòúéä ùìäèòåúå àåîø ìå ëï

1.

Opinion (cont.): Therefore we suspect regarding a cut piece that he will give it to a Nochri in front of a Jew, and the Jew will subsequently buy it from that Nochri even in a place where they do not announce Treifos. The Jew will eat it with the Gid ha'Nasheh, and he will not suspect it is a Treifah as the first Jew said when he gave it to the Nochri that he fixed it and bothered to take out the Gid to the point where it is fit. Even if the Jew knows that it is permitted to do Geneivas Da'as to a Nochri, he will not think that the Jew intended to trick the Nochri with this statement.

åäà ããéé÷ îãàé÷ôã ùîåàì ãàñåø ìâðåá ãòúå

(e)

Implied Question: The Gemara deduced from the fact that Shmuel was upset that it is forbidden to do Geneivas Da'as to a Nochri. (In the previous Tosfos (see at length), we explained that if Geneivas Da'as of a Nochri was permitted, the Jew would never buy the chicken. However, we just said that the Jew will not think the first Jew was doing Genevas Da'as. What, then, is the proof from Shmuel that Geneivas Da'as of a Nochri is forbidden?)

éåãò äéä ùîåàì ùáöðòà ðúï ìå åìà äéä ìå ìçåù ùîà øàä éùøàì àçø àìà îùåí âðéáú ãòúå

(f)

Answer: Shmuel knew that his helper gave this chicken to the Nochri privately when there was no reason to think that any other Jews were present. Therefore, it must be that the reason he was upset was due to Geneivas Da'as.

åáøééúà ã÷úðé åáòåáã ëåëáéí áéï çúåëä åáéï ùìéîä à"ö ìéèåì äéîðä âéã äðùä

(g)

Explanation: The Beraisa states that regarding a Nochri, whether it is cut or whole one does not have to dig out the Gid ha'Nasheh.

äúí ëùðúï ìå ñúí åìà àîø ìå ùäéà îðå÷øú ãàéäå ãàèòé àðôùéä

1.

Explanation (cont.): The case there is when he gave it to the Nochri without saying that the Gid was taken out. The Nochri mistakenly thought on his own that the Gid was taken out. (When a person makes up on his own that someone did him a favor without any indication to make him think this is so, it is not Geneivas Da'as. See the following Tosfos for more on this case.)

åâí ìéëà ìîéçù ãìîà çæé ìéä éùøàì åæáéï ìéä îï äòåáã ëåëáéí ãáî÷åí ùàéï îëøéæéï àééøé

2.

Explanation (cont.): There is also no reason to suspect that another Jew saw the Nochri receive this meat (from the Jew) and will therefore purchase it from him, as the case is in a place where they do not announce Treifos.

åçééù ùîà àçø ùðéèì äâéã ðåãò ìå ùäéà èøôä åìëê ðåúðä ìòåáã ëåëáéí àáì äéëà ãàîø ìòåáã ëåëáéí ùäéà îðå÷øú ìà çééù ãìîà èøôä äéà ãàé èøôä äéà îàé ðô÷à îéðéä ãðé÷åø äøé àéðä øàåéä ìòöîå

3.

Explanation (cont.): The Jew will suspect that after the Gid was taken out it was realized that the animal was a Treifah. This is why it was given to the Nochri. However, where he said to the Nochri that he took the Gid out, the Jew does not suspect that it is a Treifah. If it would be a Treifah, why would the Jew mention that he took the Gid out? The digging out of the Gid does not make it more fit!

åîöéòúà ãàéï îåëøéï ðáìåú åèøôåú ìòåáã ëåëáéí äééðå ëùàåîø ìå ãëùøä äéà åìëê àñåø îùåí ãîèòäå åâí îùåí ùîà é÷ðä éùøàì îîðå áî÷åí ùîëøéæéï åìà äëøéæå

4.

Explanation (cont.): The middle case that one does not sell Neveilos and Treifos to Nochrim is when he says to the Nochri that the meat is kosher. This is forbidden due to Geneivas Da'as, and because perhaps a Jew will buy from him in a place where they usually announce Treifos but this time forgot to do so.

àáì áî÷åí ùàéï îëøéæéï ìà çééùéðï ãàôéìå øàäå ùàîø ìå äéùøàì ëê ÷à çùéá éùøàì äøåàä ãìäùáéç î÷çå àåîø ìå ëï ãëùøä ãîéä é÷øéí ãøàåéä ìéîëø ìéùøàì àáì ëùàåîø ãðéèì âéã äéîðä ìà ùééê èòí æä ãìà òãéôà áäëé

5.

Explanation (cont.): However, in a place where they do not announce Treifos we do not suspect this. Even if a Jew saw a different Jew giving this meat to the Nochri, the Jew seeing this thinks that the first Jew is merely making his sale better, as a kosher piece of meat is more expensive as it can be sold to a Jew. However, when he says that the Gid was taken out, this reason is inapplicable (as a Jew can buy it either way).

åøá àùé ñáø ãàôéìå áî÷åí ùàéï îëøéæéï çééùéðï ãéùøàì äùåîò ìà àñé÷ àãòúéä ãìäùáéç î÷çå àåîø ëï

6.

Explanation (cont.): Rav Ashi understands that even in a place where they do not announce Treifos we suspect that the Jew that hears this will not think that the first Jew is saying this in order to make his sale better.

åà"ú åìôìåâ åìéúðé áãéãä áâéã åáî÷åí ùàéï îëøéæéï ãáäëé àééøé øéùà ìàáéé ãëùàåîø ìå ùäéà îðå÷øú àéï ìùìåç òã ùéèåì äéîðä âéã äðùä îôðé ùðé ãáøéí àçã îôðé ùîèòäå åàçã ùîà éçæåø åéîëøðä ìéùøàì

(h)

Question: Why doesn't the Beraisa state that this law only applies regarding the Gid ha'Nasheh and in a place where they do not announce Treifos? According to Abaye, the first case of the Beraisa is that he should not send the meat to the Nochri until the Gid is taken out due to two reasons: It is Geneivas Da'as, and the Nochri might sell it to a Jew.

åé"ì ãð÷è ðáìä åèøôä ìøáåúà ã÷à ñ"ã ãìà àñåø îôðé ùîèòäå ëùîåëø ìå áçæ÷ú ùçåèä ìôé ùéåãò ãìäùáéç î÷çå àåîø ëï

(i)

Answer: The Beraisa stated Neveilah and Treifah in order to include (that it is even forbidden to sell Neveilos and Treifos to Nochrim). One might have thought that Geneivas Da'as is not a reason that it should be prohibited when he sells it as if it is slaughtered, as the Nochri knows the Jew is saying this merely to make what he sells better.

4)

TOSFOS DH INHU

úåñôåú ã"ä àéðäå

(SUMMARY: Rashi and Tosfos argue regarding the case of "Mateh Es Atzmo" - "one who tricks himself.")

ôé' á÷åðèøñ åäà ã÷úðé ìòéì îôðé ùîèòäå áîåëø ìå áçæ÷ú ùçåèä åëï äôåúç çáéåú äîëåøåú ìçðåðé ëùàåîø ìå áùáéìê àðé ôåúçï ãåãàé âåðá ãòúå

(a)

Explanation #1: Rashi explains that when the Gemara earlier said that the Jew is doing Geneivas Da'as to the Nochri, this is when he sells him a chicken and tells him it was slaughtered. Similarly, when someone opens barrels he is going to sell to a storekeeper as if he is opening them for his guest, this is when he says, "I am opening them in your honor." This is certainly Geneivas Da'as.

åàéï ðøàä ãäà àìà àí ëï äåãéòå ÷úðé ãîùîò àôéìå áñúí àñåø åìà ùøé àìà áëä"â

(b)

Question #1: This does not seem correct, as "unless he informs him" implies that even if he does these things without explaining his actions it is forbidden, and it is only permitted if he informs him (that it is not slaughtered or it is not for his honor)!

åòåã ãîàé ôøéê îøá éäåãä ãôúç ìéä ìòåìà ãäà åãàé ùìà äéä îèòäå øá éäåãä ìåîø ìå áùáéìê àðé ôåúçï

(c)

Question #2: Additionally, what is the question from Rav Yehudah who opened these barrels for Ula? Rav Yehudah certainly would not have explicitly told Ula that he is opening them in his honor (when this was patently false)!

ìëê ðøàä ãäúí áñúí åàñåø îùåí ãàéï ìàåøç ìàñå÷é àãòúéä ãîëåøåú ìçðåðé àáì äëà àéáòé [ìäå] ìàñå÷é àãòúééäå ãèøôä äéà åîø æåèøà àéáòé ìéä ìàñå÷é àãòúéä ùìà ì÷øàúå äéå áàéí àìà ìöåøê òöîí

(d)

Explanation #2: It therefore appears that the cases in the Gemara earlier are when nothing was explained. It is forbidden because the guest has no reason to assume that these barrels are going to be sold to a storekeeper. However, here he should have realized that this is a Treifah. Mar Zutra also should have realized that they were very possibly not coming to meet him, but rather were there due to their own needs to be there.

5)

TOSFOS DH V'HA KA MAT'INAN

úåñôåú ã"ä åäà ÷à îèòéðï

(SUMMARY: Tosfos explains why the cases of Mar Zutra and Ula are different.)

åà"ú åäà àéï æä èòåú ëéåï ãáìàå äëé äéå áàéí ìëáåãå ëã÷àîø ìéä èôé äåä èøçðà ãëä"â àîøéðï ìòéì ùàðé òåìà ãçáéá ìéä ìøá éäåãä

(a)

Question: This was not a mistake, as they indeed would have went to honor him, as he told him, "We would have troubled ourselves even more (if we know your were coming)." We similarly say earlier that Ula is different, as he was very dear to Rav Yehudah.

åé"ì ãìà ãîé ëìì ãìòéì ðäé ãìéëà ôñéãà ëì ëê áîä ùôåúçï ëéåï ùäéå îëåøåú ìçðåðé î"î áòáåøå ôúçï åëéåï ãàôéìå ìà äéå îëåøåú äéä ôåúçï áòáåøå ìà äåöøê ìäåãéòå ëìì àáì äëà ìà áàå ëìì áòáåøå

(b)

Answer: The cases are incomparable. While Rav Yehudah did not lose by opening the barrels as he was going to sell them to a storekeeper, he indeed opened them in honor of Ula. Since he would have opened them even if he was not going to sell them to a storekeeper, he did not have to tell him anything. However, here they did not come to greet him at all.

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