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KIDUSHIN 25

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SUMMARY

If a servant had an extra finger that was aligned with his other fingers and the master cut it off he goes free.
 
The tips of the fingers, toes, ears, nose, Geviyah or breasts of a woman are not Mitamei from a Michyah and if one of them is severed by the master a servant goes free. (1)
 
It is a Machlokes Tana'im if the tips of the breast of a man are not Mitamei from a Michyah.
 
It is a Machlokes Tana'im if a master severs the Beitzim of the servant if he goes free. (2)
 
It is a Machlokes Tana'im if the master severs the tongue of the servant if he goes free.
 
Rebben says if most of the tongue that is used for talking (if it was a person) is cut off from an animal it is a Mum.
 
If the Parah Adumah is sprinkled on the tongue of a person Rebbi holds it is a valid Haza'ah, while the Chachamim argue.
 
Everyone agree that if a Sheretz touches the tongue of a person that he is Tamei.
 
Everyone agree that when a person immerses in a Mikvah it is not necessary for the water to enter his mouth.
 
If there is a bone between the teeth it is a Chatzitzah and the Tevilah is not a valid immersion. (3)
 
A Minchah shall be mixed with oil, however even if it was not mixed it is Kosher as long as it is possible to mix it. (4)
 
It is a Machlokes if the Mumim of Ma'uch (squeezed) Kasus (crushed) Nasuk (torn) and Karus apply only the Gid of the animal or also to the Beitzim. (5)
 

 
The Mishnah states that a person is Koneh a large animal with Mesirah and a small animal with Hagbahah according to R. Meir and R. Eliezer, while the Chachamim hold the Kinyan of a small animal is with Meshichah.
 
The Beraisa states that the Chachamim hold that the Kinyan of both large and small animal is with Meshichah, while R. Shimon holds that that the Kinyan is Hagbahah.
 
Although it is impossible to do Hagbahah on an elephant one may be Koneh an elephant with Chalipin or by renting the place of the elephant or with putting four utensils underneath its legs in a Simta (neutral Reshus).

A BIT MORE

1. A Michyah is only Mitamei if it can be seen all at once by the Kohen, if it is on the slope of a limb and cannot be seen all at once it is not Tamei.
 
2. The Beitzim are hidden in a pouch and it is a Safek if it is regarded as an exposed limb or a hidden limb.
 
3. Even though the water does not have to enter the mouth, however it must be possible for the water to enter and if there is a Chatzitzah it is not possible for the water to enter.
 
4. If one brings a Minchah with more than 60 Isaron is one utensil it is Pasul because it is impossible to mix it. Even though b'Di'eved if one does not mix the Minchah at all it is Kosher, however it must be at least possible to mix it.
 
5. Rebbi Yosi has a third opinion and he says that Ma'uch and Kasus apply also to the Beitzim while Nasuk and Karus apply only to the Gid.

BRIEF INSIGHT

A SEVERED TONGUE
 
It is a Machlokes Tana'im if the master severs the tongue of the servant if he goes free. Rebbi says if most of the tongue that is used for talking (if it was a person) is severed from an animal it is a Mum. The reason why a servant goes free with a severed tongue is because a person sometimes sticks out his tongue and thus the tongue is sometimes exposed. However the reason why a severed tongue is a Mum in an animal is not for that reason because if so it would not be necessary for most of the tongue to be severed; the reason is instead because when the tongue of the animal is severed one can tell from the movement of the animal that the animal has been hurt. For that reason most of the tongue must be severed because otherwise it would not be possible to tell from watching the animal that he tongue was severed. Even though the reason are different the Gemara asks from the fact that Rebbi holds that a severed tongues is a because a severed tongue is regarded as a Mum according to everyone a Mum in the Beitzim is a Machlokes Tana'im and if Rebben holds that a servant goes free with severed Beitzim certainly he shall go free with a severed tongue. (Chazon Ish)

QUICK HALACHAH

GOING FREE WITH A SEVERED LIMB
 
Only a servant who had a Bris Milah and was Tovel in a Mikvah goes free with a severed limb but a servant who remains a Nochri does not go free. The following are the tips of limbs that do not heal; the tips of the fingers, toes, ears, nose, Geviyah or breasts of a woman and the eyes and teeth are written explicitly in the Torah. If a servant had an extra finger that was aligned with his other fingers and the master cut it off he goes free. (Rambam Hilchos Avadim 5:5, 6)

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