1)

Why does the Torah see fit to specify "Shor" and "Seh"?

1.

Sifra: In order to extrapolate "Shor", 've'Lo Chayah'; "Seh", 've'Lo Ofos' ? to preclude Chayos and birds from the prohibition. 1

2.

Oznayim la'Torah: Because, had it written 've'Oso Ve'es B'no", we would have confined the prohibition of'Oso Ve'es to Kodshim animals.


1

See Torah Temimah, note 181.

2)

Why does the Torah not insert "O Eiz" ? like it did in the previous Pasuk by Mechusar Z'man?

1.

Oznayim la'Torah: It only inserted it there in order to preclude Kil'ayim, whereas here, Kil'ayim are included in the Isur 1 .


1

Refer to 22:28:0.2:1. The question arises however, as to why we need a Pasuk to include Kil'ayim. Why will the fact that the Psuk omit "O Eiz" not suffice?

3)

Why does the Torah insert the word "O Seh"?

1.

Chulin, 78b: In order to include Kil'ayim 1 in the Isur of Oso Ve'es B'no. 2


1

Chulin, 79b: This does not apply to a deer (a Chayah) whose baby resembles a goat. See Torah Temimah and note 184. It does apply however, to a goat whose baby resembles a deer. See Torah Temimah, note 185.

2

See Torah Temimah, note 180.

4)

To which animals does the prohibition of "Oso Ve'es B'no" apply?

1.

Rashi, Ramban,Targum Onkelos and Targum Yonasan : It applies to a mother 1 and its son or daughter, irespective of which is Shechted first.


1

Ramban: This follows the opinion that we do not contend with the seed of the father. Meshivas Nefesh: That opinion too however, agrees that the prohibition applies to the father and its child as well - mi'de'Rabanan.

5)

Why does the Torah write "Oso" in the singular?

1.

Chulin, 78b: To teach us that the Isur is confined to one of the parents, not to both ? and we then learn from "Lo Sikach ha'Eim al ha'Banim" - Devarim, 22:6 - that it pertains to the mother and not the father. 1


1

Refer to 22:28:1:1* and see Torah Temimah.

6)

Seing as the Isur applies only to a mother and its child, why does the Torah write "Oso Ve'es B'no"?

1.

Ramban and Moshav Zekenim: The previous Pasuk stated that a Shor, Kesev or Eiz must be with its mother for seven days before it may be sacrificed. Now it teaches us another Din regarding the same species - the parent and child may not be Shechted on the same day. And it uses the masculine like it did in the previous Pasuk, even though this Pasuk applies to mothers and not fathers.

7)

Why does the Torah write Lo Sishchatu" (plural)?

1.

Chulin, 82a: To teach us that if, after a cow has been Shechted, Reuven Shechts its mother and Shimon, its child, they are both Chayav. 1


1

See Torah Temimah, note 186.

8)

What if one kills one of the animals in any way other than Shechitah?

1.

Chulin, 81b: "Lo Sishchatu" clearly precludes killng it in any other way from the Isur.

9)

What if one Shechts one of the animals and it turns out to be a T'reifah?

1.

Chulin, 85a: We learn via a Gezeirah Shavah 'Shechitah' 'Shechitah' from Shechutei Chutz 1 that one is Chayav on a Shechitah she'Einah Re'uyah. Consequently one is Chayav even if the animal turns out to be a T'reifah, one Shechts to Avodah Zarah, or one Shechts a Chatas, a Shor ha'Niskal or an Eglah Arufah.


1

See Torah Temimah, note 188.

10)

What are the connotations of "be'Yom Echad"?

1.

Chulin, 83a: We learn via a Gezeirah Shavah "Yom Echad" "Yom Echad" from the creation that day follows night. 1

2.

Chulin, 83: "Yom Echad" 2 implies a special day ? from which the Chachamim instituted that four times a year someone who sells an animal whose mother or child he sold on the same day is obligated to inform the purchaser of the previouis sale 3 - 1. The day before the last day of Sukos; 4 2. The day before the first day of Pesach; 3. Erev Shavu'os; 3. Erev Rosh Hashanah.


1

See Torah Temimah, note 189 who explains inter alia, why this D'rashah is necessary.

2

As opposed to 'ba'Yom ha'Hu (Torah Temimah).

3

Since the first purchaser is bound to Shecht the animal on that day.

4

See Torah Temimah, note 191.

11)

What is the reason for the prohibition against Shechting a mother and its child on the same day?

1.

Ramban #1 (in Ki Seitzei), and Targum Yonasan: Because 'Just as Hakadosh-Baruch-Hu is Merciful in Heaven, so too, should we be merciful 1 on earth'. 2

2.

Ramban #2 (Devarim, 22:6): Because Shechting a mother and baby on the same day is akin to destroying the species.

3.

Ramban #3 (citing Moreh Nevuchim): Because the feelings of a mother towards her children are the same in an animal as in humans, and it is therefore particularly cruel to kill a baby animal in front of its mother.


2

And the same reason applies to the Mitzvah of Shilu'ach ha'Kein. See Peirush Yonasan and Na'ar Yonasan.

12)

Why doesn't the Isur apply to Chayos and birds? We should learn from a Gezeirah Shavah "Shor-Shor" from Shabbos, like we do to obligate a pit for Chayos and birds that fall in?

1.

Moshav Zekenim 1 : Sifra asked that we should learn from a Kal va'Chomer from Kisuy ha'Dam, which does not apply to Behemos, and it applies to Chayos and birds! It answers that Shor excludes Chayos, and Seh excludes birds.


1

Even though every Gezeirah Shavah needs a tradition, it was a proper question, since there was a tradition for"Shor-Shor"; Chachamim were authorized to decide to which occurrences of the words it applies, and what to learn from it. (PF)

13)

Why is it permitted to Shecht a pregnant Beheimah ? bearing in nind that the fetus dies first (and it is considered as if the fetus was Shechted)?

1.

Moshav Zekenim citing R. Simchah: We learn from "Kol?ba'Behemah Tochelu" [to permit a fetus in a Shechted mother]. 1


1

Do not say that it is forbidden, just if one Shechted it, the Torah permits it, The Torah would not teach a Heter that comes only via an Aveirah (Yevamos 78a. However, perhaps it teaches so for one who did not know that the animal is pregnant. This is like an Oneis! - PF. Why did the question mention that the fetus dies first? Since it is considered that he Shechted both, in any case it should be forbidden! R. Meir Eliyahu - this is so one cannot answer that a fetus is a limb of its mother.)

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