12th Cycle dedication

CHULIN 69 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

1)

TOSFOS DH V'TI'BAI

úåñôåú ã"ä åúáòé

(SUMMARY: Tosfos explains that Rav Chananyah's question was only about part of the animal, not about the entire animal.)

øá çððéà äåä îéáòé ìéä áòæøä îùåí ãçùéáä îçéöä éåúø àôé' ìòðéï ùçéèú ÷ãùéí ÷ìéí

(a)

Explanation: Rav Chananyah asked his question regarding the Azarah because it is considered more of a wall, even regarding the slaughtering of Kodshim Kalim.

åîéäå áðåìã ëåìå áòæøä ìà ÷à îéáòé ìéä ãôùéèà ãèòåï ùçéèä

1.

Explanation: However, if all of it was born in the Azarah he would not ask this question, as it would obviously require slaughtering.

2)

TOSFOS DH D'ASA

úåñôåú ã"ä ãàúà

(SUMMARY: Tosfos explains that the animals both stick a limb out before birth.)

ùéù áå àéñåø éåöà áçã àáø

(a)

Explanation: It had relations with another animal that similarly had one limb of it prohibited due to sticking it out before birth.

3)

TOSFOS DH OH DILMA

úåñôåú ã"ä àå ãìîà

(SUMMARY: Tosfos explains that the logic of the Gemara is not really two versus three.)

ìàå ãå÷à úøé àéñåøé àîøéðï ãàéëà ðîé àéñåø âéã äðùä

(a)

Observation: The Gemara does not specifically mean (that the logic is dependent in it being only) two, as there is also the prohibition of Gid ha'Nasheh in an animal (along with Cheilev and Dam).

4)

TOSFOS DH TILSA

úåñôåú ã"ä úìúà

(SUMMARY: Tosfos asks why the Gemara ignores the law that Zeh v'Zeh Gorem is permitted.)

úéîä îàé ÷îéáòéà ìéä åäà ÷é"ì (ìòéì ãó ðç.) ãæä åæä âåøí îåúø

(a)

Question: This seems difficult. What is the question? Don't we rule that Zeh v'Zeh Gorem (when there is one forbidden source and one permitted source that combine to make a third item) is permitted?

5)

TOSFOS DH ALAMAH

úåñôåú ã"ä àìîä

(SUMMARY: Tosfos explains that Rebbi Yochanan is specifically talking about an animal that looks entirely like a pigeon.)

ðøàä ãå÷à ð÷è ãîåú éåðä ùäåà àñåø âí ëùéöà ìàåéø äòåìí ìôé ùàéðå îú÷ééí àáì îöà áä áäîä âîåøä ùøàåé ìäéåú îåúø åøâìéä øâìé éåðä àå ùàéï ìä øâìéí ëìì îåúøú

(a)

Explanation: It appears that it specifically says an image of a pigeon is forbidden even if it goes into the air of the world because it will not live. However, if he found a finished animal that is fitting to be permitted and its feet look like those of a pigeon or it has no feet at all, it is permitted.

ãìà îîòè ø' éåçðï îéãé ùøàåé ìäéåú îåúø ëùéöà ìàåéø äòåìí ãääéà çùéá ëîôøéñ ôøñä ìäéåú ðéúø áùçéèú àîå ëîå ùçùåá ëîôøéñ ôøñä ëùéöà ìàåéø äòåìí

1.

Explanation (cont.): Rebbi Yochanan does not exclude anything that is fitting to be permitted when it enters the air of the world, as this is considered as having split hooves and being able to be permitted with the slaughtering of its mother, just as it is considered having split hooves when it enters the air of the world.

ãìà òì çðí úôñ ø' éåçðï ãîåú éåðä åìà ð÷è òåáø ùøâìéå ãîåú éåðä àå òåáø ùàéï ìå øâìéí

2.

Explanation (cont.): Rebbi Yochanan did not choose the case of an image of a pigeon without reason, and he purposely did not state that the case was where a fetus had feet that looked like pigeon's feet or it did not have feet at all.

åëé ôøéê ÷ìåè áîòé àîå ìéúñø àìéáà ãøáé ùîòåï ãå÷à ôøéê ãàñø ìéä ëùéöà ìàåéø äòåìí ëãôøéùéú ìòéì

3.

Explanation (cont.): When he asked that an animal that did not have split hooves that was in the womb of a kosher animal should be forbidden, he only asked this according to Rebbi Shimon who forbids such an animal when it is born, as explained earlier in the Gemara.

69b----------------------------------------69b

6)

TOSFOS DH TI'MACHER

úåñôåú ã"ä úîëø

(SUMMARY: Tosfos explains the difference between our Gemara's case and a similar case of partial Hekdesh in Kidushin.)

ìà ãîé ìáäîä ùì á' ùåúôéí åä÷ãéù çöéä åçæø åì÷çä åä÷ãéù çöéä ãàîøéðï áô"÷ ã÷ãåùéï (ãó æ.) ã÷ãåùä åàéðä ÷øéáä ãçùéáä ãçåéä îòé÷øà

(a)

Implied Question: This is incomparable to a case of an animal owned by two partners where one was Makdish his half, bought the other half, and then was Makdish that half as well. In that case, we say in Kidushin (7a) that the animal is holy but not offered, as it is considered pushed aside from being offered. (Why aren't the cases comparable?)

ãäúí ìà äåä áéãå ìä÷ãéùä ëåìä îúçìä àáì äëà ëùä÷ãéù øâìä äéä éëåì ìä÷ãéùä ëåìä

(b)

Answer: In the case in Kidushin (ibid.), he was not originally able to be Makdish the entire animal. However, here when he was Makdish the foot, he was technically able to be Makdish the entire animal.

7)

TOSFOS DH YATZA

úåñôåú ã"ä éöà

(SUMMARY: Tosfos explains why we do not say the carcass of the Bechor should be sold to a Nochri.)

àò"â ãúðï áôø÷ ëì ôñåìé äîå÷ãùéï (áëåøåú ãó ìá:) ãá"ä îúéøéï ìîðåú òåáã ëåëáéí òì äáëåø äëà îåãå ãàñåø ìîëåø ìòåáã ëåëáéí

(a)

Implied Question: Despite the fact that the Mishnah states in Bechoros (32b) that Beis Hillel permits a Nochri to eat a Bechor that has a blemish (and therefore one could sell it to a Nochri), here they agree that it is forbidden to sell it to a Nochri. (Why?)

ãäà îå÷îéðï ìä äúí ëø"ò åùîòéðï ìéä ìø"ò áôø÷ èáåì éåí (æáçéí ãó ÷â:) ãàîø îãáøéå ìîãðå ùäùåçè àú äáëåø åðîöà èøôä ùéàåúå äëäðéí áòåøå îùîò ãáùø àñåø áäðàä

(b)

Answer: This is because we establish the Mishnah there as being according to Rebbi Akiva. The Gemara in Zevachim (103b) says that from Rebbi Akiva's words we understand that if someone slaughters a Bechor and it is found to be a Treifah, the Kohanim can still benefit from its skin. This indicates that the meat is forbidden from benefit.

åäééðå èòîà ãäéëà ãùøé ìéùøàì äåà ãàéú÷ù ìöáé åàéì åùøé àôé' ìòåáãé ëåëáéí

1.

Answer (cont.): His reason is that where it is permitted for a Jew to eat the Bechor it is compared to a deer and ram, and it is therefore even permitted to a Nochri. (However, when it is not permitted to a Jew as is the case of our Mishnah, it cannot be sold to a Nochri.)

8)

TOSFOS DH RAV HUNA

úåñôåú ã"ä øá äåðà

(SUMMARY: Tosfos presents two ways of understanding Rav Yehudah and Rav Huna, and cites two Gemaros that suggest they are arguing.)

äà ãàîø øá éäåãä áô' ëì ôñåìé äîå÷ãùéï (áëåøåú ìä.) ãîåúø ìäèéì îåí ááëåø ÷åãí ùéöà ìàåéø äòåìí åîôøù âãéà áàæðéä àéîøà áùéôååúéä

(a)

Opinion #1: Rav Yehudah says in Bechoros (35a) that it is permitted to put a blemish on a Bechor before it enters the air of the world (i.e. when it is still in the womb). He explains, "a goat by its ear, a sheep by its lips."

àáì àéîøà áàæðéä ìà ãçééùéðï ëé çæé ìéä ìàæðéä ùîà éöà øåá äøàù åçæø àáì áâãé àéï ìçåù ãîúåê ãàæðéå âãåìåú ãøëå ìöàú áîéòåè äøàù

1.

Opinion #1 (cont.): However, one should not make a blemish by the ear of a sheep. This is because we suspect that if he sees his ear, perhaps most of the head already came out, and it then retracted (so that it was not most) back into the womb. However, this suspicion does not apply to a goat, as being that it has big ears, it normally has a small part of its head come out first (including an ears).

åäééðå ãìà ëøá äåðà ãìãéãéä ëéåï ãìîôøò ÷ãåù àôé' ìà éöà øåá äøàù àñåø ìäèéì áå îåí ãëùéöà àç"ë äøåá àéâìàé îéìúà ìîôøò ã÷ãåù äåä ëãàîøé' äëà âáé îëéøä

2.

Opinion #1 (cont.): This is unlike Rav Huna. According to him, being that it is holy retroactively even if most of the head did not come out (before it was sold to a Nochri), it is forbidden to make a blemish in it (when it is in the womb). This is because when the majority of it leaves the womb afterwards it is clear retroactively that it was holy, as stated here regarding selling (to a Nochri).

åîéäå àéëà ìàå÷îé äàé ãøá éäåãä àìéáà ãøá äåðà åîëé çæé ìàæðå ãâãéà áôðéí ùøé ìäèéì áå îåí ãàëúé ìà éöà ëìì àáì àéîøà àéëà ìîéçù îëé çæé ìàæðéä áôðéí ùëáø éöà øåá äøàù åçæø

(b)

Opinion #2: However, it is possible to establish Rav Yehudah as agreeing with Rav Huna. It could be he means that when one sees the ear of the goat inside the mother, he is allowed to make a blemish on it because the entire goat never entered the air of the world. However, one should suspect that if he can see the ear of a sheep inside the womb, it is possible that the majority of the head was already born, and it just went back inside.

åñåâéà ãøéù ëéöã îòøéîéï (úîåøä ãó ëã:) ãîå÷é ãøá éäåãä áæîï äæä ãìà çæé ìä÷øáä åôøéê îàé ìîéîøà åîùðé îäå ãúéîà ðâæåø àèå ãìîà ðôé÷ øåá äøàù ääéà ñåâéà ãìà ëøá äåðà ãìøá äåðà áîéòåè øàùå ðîé àéëà àéñåø

(c)

Observation #1: The Gemara in Temurah (24b) establishes that Rav Yehudah's statement was only regarding nowadays when the Bechor cannot be brought (because there is no Beis Hamikdash). The Gemara there asks, what is Rav Yehudah's point? The Gemara answers, one might think that we should say this cannot be done because perhaps most of the head has come out. This Gemara is clearly indicating that Rav Yehudah argues with Rav Huna (as per opinion #1 above), as according to Rav Huna there would even be a problem if a small part of the head already came out.

åëï äà ãà"ì øá òîøí ìøá ùùú àîø òì äáëåø òí éöéàú øåáå éäà òåìä òåìä äåà àå áëåø äåé ääéà ðîé ãìà ëøá äåðà ãîùîò ãôùéèà ìéä ã÷åãí éöéàú øåáå éëåì ìäô÷éò îîðå ÷ãåùú áëåø

(d)

Observation #2: Additionally, Rav Amram asked Rav Sheshes regarding the law in a case where a person said when most of a Bechor came out that it should be an Olah, whether it is indeed an Olah or a Bechor. This question is clearly unlike the position of Rav Huna, as it seems obvious to Rav Amram that before most of the animal is born one can take away the holiness of Bechor from this animal (by dedicating it to be a different Korban).

àí ìà ðçì÷ áéï îëéøä ìòåáã ëåëáéí ìäðê

1.

Observation #2 (cont.): This is unless we would differentiate between selling the animal to a Nochri (the case of Rav Huna) and the cases above (c and d).

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