Sunday, February 17, 2019

Day Yoimie Snippets ... Chullin 75, 76, 77,78,79,80, & 81

A great opportunity for the entire family, to share some thoughts on the daf ... so the  family feels united by discussing what the head of the house is studying.
I try to break it down so that everyone can understand it .... 
You can copy and print this without my consent, since Torah belongs to all of us..... 

See  previous Daf Yoimie Snippets 

This week's "Daf Yoimie Snippets Sponsored For the Refuah Shliemah of צארטל בת אסתר מלכה 

"דף ע''ה "כבוד השבת        
Page 75  Mesectas Chullin  
"In Honor of Shabbat" 
As an introduction we must first explain some basics:

"d'mai" ....... during the Second Temple era, it became apparent to the rabbis, that a significant minority of amei ratzim (basically observant Jews, but ignorant) had become lax in the separation of various required tithes...and we suspect them of lying ...
Accordingly, the rabbis decreed that the produce of an am haaretz be considered דמאי "d'mai" meaning literally "What is this?" In other words, we question if this produce had been tithed? Since we don't know for certain, one may not it eat unless one tithes it.

The Talmud on this daf states that one may not eat produce bought from an am haaretz during the week until you tithe...

The Tannah Rebi Shimon Shezuri, argues and states:
"That one may ask this am haaretz, whether he separated the required tithes, and if he says that he did, one can take him at his word and eat the produce."

On Shabbat, however, even the rabbis agree that one can take the am haaretz on his word and eat the produce if the am haaretz say that he tithed .....
Because of "Shabbat" ... and on the Shabbat, even an am haaretz wouldn't lie! 
Something to think about!

Press "read more" immediately below to continue to the rest of the dafim!

"?דף ע''ו "מיהו 'אריוך' שפסק הלכות        
Page 76  Mesectas Chullin  
"Who Was 'Aryoich" Who Ruled on Halachois?" 
The talmud on this daf discusses an halacha in the name of a rabbi whose name was "Aryoich."
The talmud states that "Aryoich" was the known rabbi we know as Shmuel!

What was the reason and meaning for Shmuel's nickname?

"Aryoich" is actually mentioned in Sefer Bereishes:
אריוך מלך אלסר ...... Aryoich, king of Ellaser.

Rashi says that Shmuel was nick named "Aryoich" because his opinion generally prevails in monetary matters. 

According to Rashi's understanding, the word אלסר in the above verse is understood as a contraction of אל אסור ... meaning "not ritual law"....alluding to the fact that Shmuel was "king" in matters other than ritual law, .....

It follows  (according to the Chiddushei HaRan) that Shmuel was "king" in monetary law only.

"King" is associated with the Hebrew word ארי from the word אריוך.... 
The ארי is the "king" of the animal kingdom!

"דף ע''ז "דרכי האמורי        
Page 77  Mesectas Chullin  
"The Customs of the Amorites" 
The Torah prohibition not to follow the customs and superstitions of the Amorites and other gentile actions, is known as  דרכי האמורי ... the "Ways of the Amorites."

This prohibition was originally written in the Torah in regards to the Canaanite nation, when the Jews were about to enter the promised land and were warned against following their ways.
This prohibition, however,  applies to all gentile nations.

Interesting to note, that R' Yoisef Karo, the author of the Shulchan Aruch, explains, that this Torah prohibition doesn't mean that we cannot take any action or customs from gentiles, but that we shouldn't take on gentile customs that have no reason or those that make no sense and one doesn't derive any benefits from practicing them.

Rashi implies that this is because  superstitious acts border on sorcery. Others explain the reason not to imitate their customs blindly,  because if we practice those acts, we are basically admitting of the correctness of their ways. 

Practices that have therapeutic value, by contrast, and are not done just to follow the Amorites ways, but are practiced for the benefit derived from them, are permitted.(Rama, Y"D 178:1)

"דף ע''ח "איסור אותו ואת בנו        
Page 78  Mesectas Chullin  
"The Prohibition of Slaughtering and Animal and its Offspring on the Same Day" 
The Torah in Sefer Va'Yikrah states:
ושור או שה, אותו ואת בנו - לא תשחטו ביום אחד 
"An ox or a sheep or goat, you may not slaughter it and its offspring on the same day."

The Sefer Hachinuch explains this prohibition in the following way:
Hashem did give us permission to slaughter kosher animals, so that we get nourishment and protein  .... but Hashem at the same time wants us to be infused with the characteristic of having mercy ...
Remember.... says Hashem, that  slaughtering an animal with its offspring on the same day is an act of cruelty.....

Some commentaries say that the reason behind this prohibition is that Hashem didn't want us to destroy the complete line in that family ... the point of Creation is to multiply and produce and if you slaughter the entire line in that family you may wipe out an entire species, at least give them a chance to cohabit and produce additional offspring!

   ''דף ע''ט "כוי החיה המיוחדת        
Page 79 Mesectas Chullin  
"The Distinct Animal, The Koy" 
On this daf, the rabbis question the nature of the "koy."

All agree however that the "koy" is a kosher animal and the rabbis identify this creature as a "wild ram"

Is it in the category of a "behimah" or is it in the category of "chayeh."

We already explained previously, that a "behimah" is an animal that hangs out with humans, such as a cow, sheep or goat, and a "chayeh" is an animal that hangs out in the wild, such as a deer or ram.

What difference does it make if the "koy" is a "behimah" or if it is a "chayeh?"

There are significant halachic ramifications. 
One that comes to mind is that one cannot eat the  "cheilav" of a "beheima'' but one is permitted to eat the "cheilav" of a "chayeh."
Another example, there is a mitzvah to cover the blood of a kosher bird or a kosher "chayeh" after its slaughter. 
That mitzvah does not apply to a "behimah."

In this case since we aren't sure in what category the "koy" is, we must cover it's blood after its slaughter but no bracha on the "covering of the blood" is made.

The question comes up on Yom Tov..
as we all know that one is permitted to slaughter an animal on Yom Tov, as long as we need that animal for consumption for Yom Tov.....

The halacha allows us to slaughter a chicken, or a deer, as long as we prepared before Yom Tov the dirt that we will use to cover the blood, since there is a prohibition even on Yom Tov to prepare something that could have been prepared before Yom Tov. 

There are rabbis who pasken that we can actually dig loose dirt on Yom Tov itself, since that "dirt" is a requirement to be able to slaughter the animal, to have a Simchas Yom Tov!

The question according to those who permit digging dirt on Yom Tov is, regarding slaughtering a "koy" on Yom Tov 

...normally when its not Yom Tov we cover the blood because maybe its a "chayeh."  No problem...

But what if the "koy" is really a "behimah" where there isn't a  requirement for its blood to be covered, and we forgot to prepare "dirt to cover the blood" before Yom Tov, .....

Can we still do so on Yom Tov , should we be concerned that we would be  digging dirt on Yom Tov for a "behimah?"

The Mishna in the very next Perek, actually rules that one cannot slaughter a "koy" on Yom Tov and if one did then there is no requirement to cover the blood.

''דף פ' "שחיטה שאינה שחיטה        
Page 80 Mesectas Chullin  
"A Ritual Slaughter That Is Not Considered As  Slaughtered" 
The Mishna states, that if one slaughters a sanctified animal and its offspring the same day outside of the Temple perimeters he has violated the prohibition that we mentioned above of  אותו ואת בנו!!

In addition we have a separate Torah prohibition not to slaughter any sanctified animal outside the Temple grounds.

The Talmud states that according to Rebi Shimon, he hasn't violated the prohibition of אותו ואת בנו because since he violated the prohibition of removing the sanctified animals from Temple grounds, his slaughter of the animals outside are not considered "slaughtered," so if its not considered "slaughtered" how can he violate a prohibition of "slaughtering an animal and its offspring on the same day?" ...he hasn't slaughtered it?
That's the reasoning of  Rebi Shimon that holds that he has not violated the prohibition of  אותו ואת בנו
Of course,  now he has  bigger problems because he "slaughtered" sanctified animals outside the Temple grounds.

''דף פ''א "התראת ספק        
Page 81 Mesectas Chullin  
"A Doubtful Warning" 
The halacha is if someone violates a Torah prohibition on purpose, Bais Din cannot punish him unless two witnesses warned him in advance of his illegal action, and told him "Understand, that if you go ahead and commit this crime, Bais Din will punish you with the specific designated punishment ." 

There are cases that even if two witnesses warned him in advance not to commit the crime, Bais Din will not impose the penalty."

On this daf, the Talmud teaches us that punishment is only meted out if he was warned by two witnesses that were 100% certain that he was committing a crime prohibited by the Torah, but if the witnesses weren't sure that he was actually committing a crime, then Bais Din cannot penalize him or punish him! 

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