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)We learned in our Mishnah that if two people hold a knife at either end and Shecht together, and either one of them has the intention of Shechting to a mountain ... , the Shechitah is Pasul. How do Rav Nachman, Rav Anan and Rav Yitzchak (according to whom one person cannot render somebody else's animal, Pasul) establish the Mishnah?

(b)The Beraisa from which we are about to query them further discusses 'ha'Metamei, ha'Meda'me ve'ha'Menasech'. What is the meaning of Meda'me?

2)

(a)The Tana there rules 'be'Shogeg Patur, be'Meizid Chayav'. Why ought he to be Chayav even be'Shogeg?

(b)Then why is he ...

1. ... Patur?

2. ... Chayav be'Meizid?

(c)How do Rav Nachman, Rav Anan and Rav Yitzchak establish the Beraisa?

(d)Why is the Mazik not Patur from paying in the case of Menasech, seeing as he is Chayav Misah, and we have a principle Kam leih be'de'Rabah mineih (someone who is subject to the death-penalty, is Patur from paying)?

3)

(a)The Tana Kama of another Beraisa declares Asur, wine belonging to a Yisrael, which a Nochri is Menasech, not in front of the Avodas-Kochavim. What does Menasech mean in this case?

(b)What do Rebbi Yehudah ben Beseira and Rebbi Yehudah ben Bava say?

(c)Rav Huna (who holds that through a positive act, Reuven can render Shimon's things forbidden), cannot hold like Rebbi Yehudah ben Beseira and Rebbi Yehudah ben Bava. How do Rav Nachman, Rav Anan and Rav Yitzchak reconcile their opinion with the Tana Kama? Why might he concede that, in their case, the wine will be permitted?

4)

(a)Based on what we just said, how will Rav Nachman ... establish our Mishnah 'Shenayim Ochzin be'Sakin', and the Beraisa 'ha'Metamei, ve'ha'Meda'me, ve'ha'Menasech' (even assuming that the Mazik is not a partner)?

(b)Rav Acha b'rei de'Rava asked Rav Ashi whether, if Reuven (who is not a Mumar) after being warned by two witnesses not to pour out Shimon's wine to Avodah-Zarah, goes ahead and does so, the wine is forbidden or not. What did Rav Ashi reply?

5)

(a)Why does our Mishnah forbid a Shochet to Shecht into ...

1. ... the sea or a river?

2. ... into a vessel?

(b)What does the Tana say about Shechting into a pit of water or into vessels on a boat (from which the blood pours into the sea)?

(c)Why does the Tana forbid Shechting into a pit?

(d)After prohibiting Shechting into a pit, what does he say about Shechting into a pit ...

1. ... in one's house?

2. ... in the main street?

41b----------------------------------------41b

6)

(a)In spite of having forbidden to Shecht into the sea, the Tana permits Shechting into a pit of water? Why are we not afraid that people will suspect him of Shechting to his own reflection?

(b)How does Abaye try to reconcile the Metzi'asa of our Mishnah, which permits Shechting into a pit in one's house, with the Reisha, which forbids Shechting into a pit at all?

(c)On what grounds does Rava refute Abaye's answer?

7)

(a)How does Rava therefore explain the Metzi'asa and the Seifa, respectively? Why the difference?

(b)How do we prove Rava right?

(c)What does the Tana there say about someone who has no place on a boat to Shecht (presumably he is talking about Shechting a bird)? What should he do?

(d)The Tana cites the source for this prohibition as the Pasuk in Acharei-Mos "u've'Chukoseihem Lo Seilechu" (the prohibition of following Nochri customs). What does he say about a person who transgresses and Shechts in this way in the main street?

8)

(a)The Tana Kama of our Mishnah invalidates the Shechitah of someone who Shechts Chulin ba'Chutz, but as an Olah, a Shelamim, an Asham Taluy, a Pesach or a Todah. Why is that?

(b)What does Rebbi Shimon say?

(c)What does the Tana say about two people who are holding the knife and Shechting, one S'tam, the other, having in mind one of the above?

(d)What does the Tana say about somebody who Shechts Chulin ba'Chutz as a Chatas, an Asham Vaday, a B'chor, Ma'aser Beheimah or a Temurah.

(e)Why the difference?

9)

(a)Which two Korbanos appear out of place in the first list (Olah, Shelamim, Asham Taluy, Pesach and Todah)?

(b)To answer the Kashya on Asham Taluy, Rebbi Yochanan establishes the author of the Mishnah as Rebbi Eliezer. What does Rebbi Eliezer say about an Asham Taluy?

(c)How does Rebbi Oshaya answer the Kashya on Pesach? On what grounds does it appear in the first list?

10)

(a)Rebbi Yanai confines the Reisha of our Mishnah to animals without a blemish. Why is that?

(b)On what grounds does Rebbi Yochanan disagree with him?

11)

(a)Rebbi Yochanan confines the Seifa to where the Shochet is not Chayav a Chatas. What will be the Din if he is?

(b)Why will people not suspect him of bringing the animal as his Chatas even if they are not aware that he is Chayav to bring one? Maybe he is Chayav a Chatas, but is too embarrassed to say so?

(c)What does Rebbi Avahu say in answer to the Kashya why anyone will think that he is bringing it as a Chatas if he did not say so?

(d)What will be the Din if we do not know that he is Chayav a Chatas, but he nevertheless says that he is Shechting it as his Chatas?

12)

(a)What does Rebbi Elazar say about a case where someone Shechts Chulin ba'Chutz as a Temurah, and he actually has a Korban at home?

(b)What condition does Rebbi Avahu add to that?

(c)Why is this prohibition not so obvious? Why would we have thought that it should be permitted?

(d)What can we extrapolate from our Mishnah regarding a case where we do not know that he has a Korban at home?

(e)Why is it permitted in spite of his declaration?

13)

(a)Our Mishnah concludes 'Zeh ha'Kelal, Kol Davar she'Hu Nidar ve'Nidav ... '. 'Kol Davar She'Nidar ve'Nidav ha'Shochet li'Shemo, Asur' comes to include Olas Nazir. Why does Olas Nazir require a special Ribuy, seeing as it is Nidar ve'Nidav?

(b)'ve'she'Eino Nidar ve'Nidav, ha'Shochet li'Shemo, Kasher' comes to include Olas Yoledes. Rebbi Elazar confines the case to where he has no wife, but if he had, the Shechitah would be Pasul. How does Rebbi Avahu establish it?

(c)Why is Rebbi Elazar's qualification not then obvious?

(d)Then why do we in fact, suspect that people will believe the husband?

14)

(a)An alternative text omits the statements of Rebbi Elazar and Rebbi Avahu. What is then the case of the Yoledes whose Olah the Tana comes to include?

(b)Why is this Lashon preferable to the first one, based on ...

1. ... the Sugya that preceded it?

2. ... from the case itself, according to the first Lashon? What is the problem with that Lashon?

Hadran alach 'ha'Shochet'

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