Why does the Torah juxtapose the current Pasuk to the previous one?
Chulin 78a: To incorporate Kodshim animals in the Isur of 'Oso v'Es Beno'.
Why does the Torah see fit to specify "Shor" and "Seh"?
Sifra: In order to extrapolate "Shor"- 'v'Lo Chayah'; "Seh" - 'v'Lo Ofos'; to exclude Chayos and birds from the prohibition of ''Oso v'Es Beno." 1
Oznayim la'Torah: Because, had it written only 'V'Oso v'Es Beno,' we would have confined the prohibition of 'Oso v'Es Beno' to Kodshim animals.
See Torah Temimah, note 181.
Why does the Torah not insert "O Eiz" - like it did in the previous Pasuk by Mechusar Zeman?
Oznayim la'Torah: It only inserted it there in order to preclude Kil'ayim, whereas here, Kil'ayim are included in the Isur. 1
Refer to 22:28:0.2:1. The question arises however, as to why we need a Pasuk to include Kil'ayim. Why will the fact that the Pasuk omits "O Eiz" not suffice?
Why does the Torah insert the word "O Seh"?
To which animals does the prohibition of "Oso v'Es Beno" apply?
Rashi, Ramban, Targum Onkelos and Targum Yonasan: It applies to a mother 1 and its son or daughter, irrespective of which is Shechted first.
Ramban: This follows the opinion that we do not contend with the seed of the father. Meshivas Nefesh - That opinion too however, agrees that the prohibition applies to the father and its child as well - mi'de'Rabanan.
Seeing as "Oso v'Es Beno" pertains exclusively to a mother and her child, why does the Torah write "Shor O Seh," and not 'Parah O Kisbah'?
Ramban and R. Bachye: It follows Pasuk 27, which wrote "Shor O Kesev ... ' incorporating a mother and her child. 1
See R. Bachye.
Why does the Torah write "Oso" in the singular?
Chulin 78b: To teach us that the Isur is confined to one of the parents, not to both - and we then learn from "Lo Sikach ha'Eim Al ha'Banim" (Devarim 22:6) that it pertains to the mother and not the father. 1
Refer to 22:28:1:1* and see Torah Temimah.
Seeing as the Isur applies only to a mother and its child, why does the Torah write "Oso v'Es Beno"?
Ramban and Moshav Zekenim: The previous Pasuk stated that a Shor, Kesev or Eiz must be with its mother for seven days before it may be sacrificed. Now it teaches us that the parent and child may not be Shechted on the same day. And it uses the masculine like it did in the previous Pasuk, even though this Pasuk applies to mothers and not fathers.
Chulin 79b: To teach us that the Isur is confined to where the mother is a Seh (a Behemah) - to preclude where the mother is a deer and the child, a goat. 1 If, on the other hand, the mother is a Seh, then even if the child is a deer, 'Oso v'Es Beno' applies.
See Torah Temimah note 184.
Why does the Torah write "Lo Sishchatu" (plural)?
Chulin 82a: To teach us that if, after a cow has been Shechted, Reuven Shechts its mother and Shimon, its child, they are both Chayav. 1
See Torah Temimah, note 186.
What if one kills one of the animals in any way other than Shechitah?
Chulin 81b: "Lo Sishchatu" clearly excludes killing it in any other way from the Isur.
What if one Shechts one of the animals and it turns out to be a Tereifah?
Chulin 85a: We learn via a Gezeirah Shavah 'Shechitah' 'Shechitah' from Shechutei Chutz 1 that one is Chayav on a Shechitah she'Einah Re'uyah. Consequently one is Chayav even if the animal turns out to be a Tereifah, one Shechts to Avodah Zarah, or one Shechts a Chatas, a Shor ha'Niskal or an Eglah Arufah.
See Torah Temimah, note 188.
What are the connotations of "b'Yom Echad"?
Chulin 83a: We learn via a Gezeirah Shavah "Yom Echad" "Yom Echad" from the Creation, that day follows night. 1
Chulin 83b: "Yom Echad" 2 implies a special day - from which the Chachamim instituted that four times a year someone who sells an animal whose mother or child he sold on the same day is obligated to inform the purchaser of the previous sale 3 - 1. The day before the last day of Sukos; 4 2. The day before the first day of Pesach; 3. Erev Shavuos; 4. Erev Rosh Hashanah.
What is the reason for the prohibition against Shechting a mother and its child on the same day?
Ramban #1 (in Ki Seitzei), and Targum Yonasan: Because 'Just as Ha'Kadosh-Baruch-Hu is Merciful in Heaven, so too, should we be merciful 1 on earth.' 2
Ramban #2 (Devarim 22:6): Because Shechting a mother and baby on the same day is akin to destroying the species. 3
Ramban #3 (citing Moreh Nevuchim): Because the feelings of a mother towards her children are the same in an animal as in humans, and it is therefore particularly cruel to kill a baby animal in front of its mother.
Refer to Devarim 22:6:7:1*, Devarim 22:6:7:2 and Devarim 22:6:7:4.
And the same reason applies to the Mitzvah of Shilu'ach ha'Kein. See Peirush Yonasan and Na'ar Yonasan.
Refer also to Devarim 22:7:3:2.
Why doesn't the Isur apply to Chayos and birds as well? We should learn from a Gezeirah Shavah "Shor-Shor" from Shabbos, like we do to obligate the owner of a pit for Chayos and birds that fall in?
Moshav Zekenim 1 : Sifra asked that we should learn from a Kal va'Chomer from Kisuy ha'Dam, which does not apply to Behemos, and it applies to Chayos and birds! It answers that Shor excludes Chayos, and Seh excludes birds.
Even though every Gezeirah Shavah needs a tradition, it was a proper question, since there was a tradition for "Shor -Shor"; Chachamim were authorized to decide to which occurrences of the words it applies, and what to learn from it. (PF)
Why is it permitted to Shecht a pregnant Beheimah - bearing in mind that the fetus dies first (and it is considered as if the fetus was Shechted)?
Moshav Zekenim citing R. Simchah: We learn from "Kol... ba'Behemah Tochelu" (11:3) [to permit a fetus in a Shechted mother]. 1
Do not say that it is forbidden to do, just that if one Shechted it, the Torah permits its consumption. The Torah would not teach a Heter that comes only via an Aveirah (Yevamos 78a). (However, perhaps it teaches so for one who did not know that the animal is pregnant. This is like an Oneis! - PF. Why did the question mention that the fetus dies first? Since it is considered that he Shechted both, in any case it should be forbidden! R. Meir Eliyahu - This is so one cannot answer that a fetus is a limb of its mother.)
