REVACH L'DAF
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| 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. |
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SUMMARY
1. Two people hold a knife together in order to slaughter an animal. If one of them has in mind to slaughter the animal to an Avodah Zarah and the other does not, the animal is Pasul.
2. If one is Metamei the Taharos of his friend, or mixes the Terumah of his friend with Chulin, or is Menasech the wine of his friend to Avodah Zarah b'Shogeg, he is exempt from liability. If he does so b'Mezid, he is Chayav.
3. If a Nochri is Menasech the wine of a Yisrael, the wine becomes prohibited, according to the Tana Kama, even if it is not in front of an Avodah Zarah.
4. According to Rebbi Yehudah ben Beseirah and Rebbi Yehudah ben Bava, the wine of a Yisrael which a Nochri is Menasech is permitted for two reasons.
5. One is forbidden to slaughter an animal over a sea or a river, but he is permitted to slaughter an animal over a puddle of cloudy water.
6. One who is in a boat may slaughter an animal on top of utensils and allow the blood to run into the water.
7. One may not slaughter an animal over a ditch. If he is concerned about dirtying his courtyard, he may slaughter outside the ditch and allow the blood to run into the ditch. He may not do this in the marketplace.
8. If one slaughters Chulin in the name of a Korban that can be brought as a Nedavah, such as an Olah, a Shelamim, or an Asham Taluy, or even an Olas Nazir according to Rebbi Elazar, the Shechitah is Pasul.
9. If one slaughters an animal of Chulin with a Mum in the name of a Korban Olah or Shelamim, there is a disagreement about whether it is a valid Shechitah.
10. If one slaughters Chulin in the name of a Chatas, an Asham, a Temurah, or an Olas Yoledes, it is a valid Shechitah.
11. If one is Chayav a Chatas, or has a Korban in his house, and he slaughters Chulin in the name of "my Chatas" or in the name of "Temuras Zivchi," the Shechitah is Pasul.
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A BIT MORE
1. Rav Nachman, Rav Amram, and Rebbi Yitzchak maintain that one cannot prohibit the property of his friend even with an act. Nevertheless, in this case, the two Shochtim were partners in the animal, and a partner can prohibit it.
2. Rav Nachman, Rav Amram, and Rebbi Yitzchak maintain that one cannot prohibit the property of his friend even with an act. Nevertheless, in this case the perpetrator is a partners in the ownership of the produce or the wine. Even though a Mazik is liable even for damage done b'Shogeg, in this case the damage is indiscernible. For indiscernible damage there is no liability Min ha'Torah. The Rabanan, however, penalize him and make him liable for an act of Mezid.
3. Rav Nachman, Rav Amram, and Rebbi Yitzchak maintain that one cannot prohibit the property of his friend. However, this applies only to a Yisrael who is not a Mumar and is likely just trying to cause distress to his friend. A Nochri or a Yisrael Mumar who is sincere about his worship of Avodah Zarah can prohibit the property of his friend.
4. One reason for why the wine is permitted is that Nisuch of wine to an Avodah Zarah is done only in front of an Avodah Zarah. Another reason is that one cannot prohibit the property of his friend against his will.
5. One is forbidden to slaughter over a sea or river, lest others think that he is slaughtering the animal to the angel of the sea. One is forbidden to slaughter over a puddle of clear water because of the concern that people will think he is slaughtering to his reflection.
6. One may slaughter with his hands outside the boat and allow the blood to run from the outside walls of the boat into the water.
7. Slaughtering over a ditch is forbidden because it is the practice of the Tzedukim to do so. However, one may allow the blood to run into the ditch in his own courtyard, but not in the marketplace. Since people are not concerned about dirtying a marketplace, he is encouraging the practice of the Tzedukim by allowing the blood to run into the ditch.
8. The Rabanan decreed that the Shechitah is Pasul because of the concern that an onlooker will think that he was Makdish it for a Korban on the spot, and he will conclude that one is permitted to slaughter Korbanos outside the Beis ha'Mikdash.
9. According to Rebbi Oshiya, it is a valid Shechitah because there is no concern that an onlooker will think that he was Makdish an animal with a Mum as a Korban. Rebbi Yochanan disagrees, because sometimes a Mum is covered up by the tail and an onlooker will not be aware that it has a Mum.
10. Since these Korbanos cannot be brought as a Nedavah, there is no concern that an onlooker will think that he was Makdish it for a Korban. If he was actually obligated to bring one of these Korbanos, it would have been known.
11. Since he is obligated to bring a Korban Chatas, or he has a Korban in his house, the onlooker will think that he is being Makdish the animal on the spot for his Chatas, or he is making the animal a Temurah of his Korban on the spot. The onlooker will conclude that one is permitted to slaughter a Korban outside the Beis ha'Mikdash. Therefore, the Rabanan decreed that the Shechitah is Pasul.
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