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|12th Cycle dedication|
CHULIN 44 (Tisha b'Av) - Dedicated by Mrs. Gitti Kornfeld in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yahrzeit is on 10 Av.
1. One may follow either the leniencies or the stringencies of Beis Shamai or Beis Hillel, but he must be consistent with the one he chooses.
2. Rami bar Yechezkel maintains that even Rav agrees that the upper and lower part of the esophagus is not a valid place for Shechitah.
3. Rami bar Yechezkel agrees that according to Rav, a tiny puncture hole in the upper part of the esophagus renders the animal a Tereifah.
4. Shmuel maintains that if the majority of the upper part of the esophagus is detached from the jaw, the animal is not a Tereifah.
5. If the majority of the trachea is cut through, it is a Tereifah.
6. A ruling issued by a Chacham saying that an item is Tamei or Asur may not be reversed by another Chacham.
7. One who is stringent upon himself may not eat anything that was sufficiently problematic to be brought to a Chacham for a ruling.
8. A Chacham who issued a ruling, or a witness who testified, may not buy the object of his judgment or testimony.
9. However, a Chacham or a witness may buy the object of his judgment or testimony if it is sold by weight.
10. A Chacham is one who rules that his own animal is Tereifah (when he cannot resolve a doubt).
A BIT MORE
1. However, one may choose to follow the stringencies of both Beis Shamai and Beis Hillel, as long as the rulings do not contradict each other.
2. Shechitah may be performed only until three or four fingers width from the top of the esophagus, and only until the bottom part of the esophagus where it gets hairy.
3. Although the upper part of the esophagus is not a valid place for Shechitah, with regard to the laws of Tereifah it is the same as the rest of the esophagus, and a minute puncture renders it a Tereifah according to Rav.
4. However, the animal is Kosher only if the part that is attached is completely attached; if it is not completely attached, the animal is a Tereifah.
5.There are differences of opinion among the Amora'im whether it is a Tereifah when the majority of the thickness of the trachea is cut through, or only when the majority of the hollow inside is cut through.
6. However, if the Chacham did not issue a final ruling, even though he was inclined to prohibit it, another Chacham may rule as he deems fit.
7. Even if the Chacham ruled it was permitted, one who is stringent must abstain because of the potential for error, but only if the ruling was based on a Sevara (logical grounds).
8. There is a concern that if he buys the object, it will cause people to think that his ruling or testimony was given only so that he could buy the object for a cheap price.
9. When it is sold by weight, there is no concern that the Chacham or witness is buying it for less than the full price.
10. Furthermore, the verse, "One who hates gifts will live," is ascribed to him.
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