1)

GIVING EVER MIN HA'CHAI TO A NOCHRI [Ever Min ha'Chai: giving to Nochrim]

(a)

Gemara

1.

22b - Question: Regarding Ever Min ha'Chai (a limb from a living animal) it says "v'Lo Sochal ha'Nefesh Im ha'Basar"! (R. Avahu should forbid Hana'ah. We permit benefit from it!)

i.

(Beraisa - R. Noson): One may not pass Ever Min ha'Chai to a Ben Noach [only] due to "v'Lifnei Iver Lo Siten Michshol" (do not cause someone to sin. One may benefit from it, e.g. feed it to a dog!)

2.

Answer: "Ki ha'Dam Hu ha'Nefesh" equates Ever Min ha'Chai to blood [which one may benefit from].

3.

73a - Question (Ravina - Beraisa): If on Shabbos one slaughtered a Chatas outside the Mikdash for idolatry, he brings three Chata'os.

i.

What did the slaughter accomplish? (The carcass is forbidden and Tamei because it was offered to idolatry!)

4.

Answer (Rav Avira): Slaughter makes it cease to be Ever Min ha'Chai. (It is now permitted to Nochrim.)

5.

Chulin 33a (Rav Acha bar Yakov): One may invite a Yisrael to eat intestines, but one may not invite a Nochri to eat them;

i.

Shechitah is not needed for a Nochri. It depends only on whether the animal is dead. (Once the Veshet is cut, we view the intestines as if they were removed). Therefore, for him, the intestines are forbidden like Ever Min ha'Chai, even after the animal later dies.

6.

(Rav Papa): We never find something permitted to a Yisrael and forbidden to a Nochri! However, Rav Acha gave a good reason why this is an exception.

7.

Question (Beraisa): If right after Shechitah, one cuts meat from the neck, it is permitted after the animal dies, to Yisraelim and Nochrim.

(b)

Rishonim

1.

Rambam (Hilchos Melachim 9:10): A Nochri is liable for Ever Min ha'Chai, and for any amount of Basar Min ha'Chai. Shi'urim were given only for Yisrael.

2.

Rambam (11): It seems that a Nochri is not killed for Ever Min ha'Chai of birds.

3.

Rambam (13): If a limb or meat separated from an animal quivering after Shechitah, a Nochri is liable for it, but a Yisrael is not.

i.

Question (Rashba 33a DH Tanya): This is unlike the Beraisa! Since it is permitted to a Yisrael, it is permitted to a Nochri!

ii.

Tosfos (33a DH Echad): The Gemara permits due to [a Klal, i.e.] 'there is nothing permitted to Yisrael and forbidden to Nochrim.' Even though a Nochri may not be Shoves (cease from Melachah) on Shabbos or learn Torah, the Klal does not apply what is a Mitzvah for Yisrael (even though a Yisrael's Mitzvah of Shevisah is only on Shabbos, and a Nochri is liable for Shevisah even on a weekday]. Amora'im argue about whether or not Ever Min ha'Chai applies to Temei'im, i.e. for Yisrael. All agree that it applies to Nochrim. In any case it is forbidden to Yisrael, so this is not permitted to Yisrael and forbidden to Nochrim. Even though any amount of meat, sinews and bones is forbidden to a Nochri, and only a k'Zayis is forbidden to Yisrael, R. Yochanan taught that the Torah forbids Chetzi Shi'ur. Reish Lakish holds that the Torah permits Chetzi Shi'ur. Perhaps he argues with the Klal, and forbids inviting a Nochri to eat intestines.

iii.

Tosfos (Bava Metzi'a 10b DH d'Amar): The Gemara said that if a Kohen told a Yisrael "be Mekadesh a divorcee to me", the Yisrael is not a Bar Chiyuva (he is not liable for this), so Yesh Shali'ach l'Devar Aveirah. Even if he told a Kohen, the Shali'ach is not a Bar Chiyuva, for he does not marry her! I answer that since if he would be Mekadesh her to himself, he would be liable [he is called a Bar Chiyuva]. Even though a Yisrael transgresses Lifnei Iver when he is Mekadesh her to a Kohen, he is not called Bar Chiyuva, since if he would be Mekadesh her to himself, he would not be liable.

(c)

Poskim

1.

Prishah (YD 62:2, Hagahah): Nochrim are permitted Ever Min ha'Chai of Tamei species, since it is permitted to Yisrael.

i.

Bach (YD 62:1): One may not pass Ever Min ha'Chai of a Tahor animal to a Nochri, but it is permitted regarding Tamei species.

ii.

Rebuttal (Shach and Pri Chodosh, 62:3): The Gemara (102a, 121b) explicitly says that all agree that Nochrim are forbidden Ever Min ha'Chai of Tamei species! The Rambam, Yere'im, Rashba, Sefer ha'Chinuch (Mitzvah 464) and Maharshal all say so. Rashi and Tosfos (33a) say that we do not apply 'anything permitted to Yisrael...', because it is forbidden to Yisrael [for another reason].

iii.

Pri Chodosh (3): Emunas Shmuel (10) says that one does not transgress Lifnei Iver when he himself is not commanded about the matter. This is wrong. The Yisrael may not pass it, due to the Isur of a Tamei species. Also, since a Nochri is forbidden, a Yisrael who passes to a Nochri transgresses Lifnei Iver, even if the Isur does not apply to Yisrael. Poskim discuss whether one who holds that a food is permitted may feed it to one who considers it forbidden. This is not relevant here. There, the feeder holds that the eater errs!

iv.

Taz (1): Since a Yisrael is not commanded about Ever Min ha'Chai of Temei'im, he does not transgress for giving to one (a Nochri) who is commanded.

v.

Mishbetzos Zahav: R. Noson forbids passing Ever Min ha'Chai to a Nochri. This is a clear Halachah. It applies even to fowl. Even though the Rambam says that a Nochri is not killed for [Ever Min ha'Chai of] fowl, it is forbidden, like the Kesef Mishneh says. One may not pass to Nochrim [Ever Min ha'Chai of] fowl or Basar Min ha'Chai. I am unsure whether or not one may pass to Nochrim Chetzi Shi'ur. Eating always refers to a k'Zayis. Chetzi Shi'ur is forbidden to Yisrael due to a tradition from Sinai, or because it can join to a Shi'ur of k'Zayis bi'Chdei Achilas Pras. A tradition does not apply to a Nochri. However, the Rambam (9:10) says that a Nochri is liable for any amount, for Shi'urim apply only to Yisrael. If so, one may not pass Chetzi Shi'ur to a Nochri. However, Tosfos (33a) says that any amount of meat, sinews and bones is forbidden to a Nochri, and only a k'Zayis is forbidden to Yisrael. Presumably he means that for a Nochri, any amount of meat joins with sinews and bones to a k'Zayis, but for a Yisrael, for Tum'ah, we require a k'Zayis of meat. If Tosfos held like the Rambam, they could have asked simply that any amount is forbidden to a Nochri, and only a k'Zayis is forbidden to Yisrael. I am unsure like whom we rule. Their argument depends on what the Mishneh l'Melech (Hilchos Chametz 1:7) wrote, that the Mizrachi (on Semag Lavin 69) that "Lo Ye'achel" forbids any amount, and a tradition from Sinai exempts from lashes until one eats a k'Zayis. The Mishneh l'Melech struggled to explain the Drashah (Yoma 74a) that "Kol" includes Chetzi Shi'ur. According to the Mizrachi, a Nochri is liable for Mashehu, since the tradition does not apply to him! The Stam Gemara in all places connotes that "Achilah" always refers to a k'Zayis. The tradition includes Chetzi Shi'ur. If so, Chetzi Shi'ur is totally permitted to Nochrim.

vi.

Yad Avraham: Emunas Shmuel says that one does not transgress Lifnei Iver when he himself is not commanded about the matter. The Pri Chodosh (3) and Taz (1, according to Mishbetzos Zahav) and Tosfos (Bava Metzi'a 10b) disagree. Shoshanas ha'Amakim 10 (DH v'Da) answered based on Bnei Chiya (Hagahos ha'Tur 62), who distinguishes between passing the food to him and feeding him. Shoshanas ha'Amakim did not know the source for this distinction. I use this to explain 22b, why we do not establish the Beraisa to discuss a Tamei quivering animal, for Ever Min ha'Chai does not apply to Yisrael but it applies to a Nochri, i.e. in this case there is no Isur to pass it.

vii.

Yad Avraham: This answer's Tevu'os Shor's question (Chulin 101b) against Emunas Shmuel. Chulin 33a forbids inviting a Nochri to eat intestines. Even though they are permitted to Yisrael, inviting a Nochri is like overtly feeding him.

viii.

Chasam Sofer (YD 70 DH v'Nora'os): The Rambam says that a Nochri is not killed for Ever Min ha'Chai of birds. In Pesachim, we say that Shechitas Chatas outside the Mikdash on Shabbos helped to uproot Ever Min ha'Chai. Rashi explains that this is for Nochrim (for a Yisrael may not eat it). In Chulin (40b) we say that the Beraisa discusses Chatas ha'Of. According to the Rambam, Ever Min ha'Chai does not apply to birds! Seemingly, the Rambam can say that there is Ever Min ha'Chai and Basar Min ha'Chai. He is killed for the latter, but not for the former. The Shechitah uprooted Basar Min ha'Chai. However, there is no reason to distinguish these. Granted, for Yisrael we could say that Basar Min ha'Chai is learned from "u'Vasar ba'Sadeh Treifah", so anything that applies to Tereifah applies to Basar ba'Sadeh (Basar Min ha'Chai). What is the source to distinguish regarding Nochrim?

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