CHAZARAH - Chullin Daf 11 | "Nothing but the Daf" with R' Eli Stefansky

GOOD MORNING RABBIS I WOW, BEAUTIFUL. SHKOYACH. The boys are excited Sugya today. Very gishmak. We constantly talk about the concept of roiv. Roiv. There's halacha roiv, there's bitul baroiv, there's ruba d'kula, there's all types of roiv. But where's the source? The source is in Chulin daf yud alef. It's actually in the Torah. Torah tells us the possuk, but there's a roiv that's not really in the Torah that we have to figure out. The Gemara says minayin milta d'Rabbanan zil basar ruba. Where do we know when Rabbanan say they should go with the majority, the roiv, the majority? You always go with the majority. Bitul baroiv. Everybody knows bitul baroiv cuz it's a great heter. You got some food and it fell out, bitul baroiv. Rabbanan say that use roiv. Min alan. What do you mean min alan? D'ksiv acharei rabim l'hatos. It's three words in the possuk tell you they should always go with the majority. Says the Gemara, no. Ruba d'isika amon. K'go ein tisha chanuyos b'sadan. There's simple ones. There's a roiv that's in front of you. But I want to tell you better than in front of you. The idea of ruba d'isika amon you could it could be explained in a in simpler term. Ruba d'isika amon means when you could count it, it's in front of you where you can count. That's what it means it's in front of you. Where I can look at it and say, "Look, there's nine kosher stores and one non-kosher store, so it's a roiv that I see." That's in the Torah, acharei rabim l'hatos. When there's a Beis Din of 23 and 12 say chayev and 11 say pater, so we go with the 12. We can count. 1 2 3 we could count. That's this is a common. The the the the nine stores. Here's the nine stores, the famous case. You find a piece of meat. It always drove me crazy. Find a piece of meat. Where's the hashur? Don't say, "Okay, fine. No hashur." But, we can assume that it's from one of these kosher stores and not from Esposito's Uh I don't know what. This Italian prime Italian meat place. Yeah? Kigoin dish of Hanukkah is the same as an angel. Lo yikame baylon. That I never had an issue with. Kigoin baylon, but my big problem was Rubashkin. Come on. What about when it's something that you cannot count? It's a rove. It's a known rove. Kigoin cotton of tana min olan. What's cotton of tana? The famous case. We actually just discussed it. But, yibbum. We have two brothers. So, now what happened was Noam Fix marries a 5-year-old. Remember she's like his wife today. So, if if the yevamah. So, what happened? Now, this the one of the brothers goes bye-bye. Now, this is an extreme case. Either one of them is a cotton, not both of them. Okay? Either the yavam is 11 years old or the yevamah is 10 years old. Whatever it is. One of them is a cotton. Now, what's the problem? Problem is perhaps when this guy gets older, not him. A guy gets older, a kid gets older, maybe he won't be able to have kids. Maybe he's a saris. And a saris would be assur. It's a deraisa to marry a sister-in-law. You're never allowed to marry a sister-in-law. The only time there's there's one exception to the rule for yibbum. But, that's only if you could be making shalom bayis. If you could have children. If you can't have children, then it's not a get. So, maybe I should be choshesh. Just what? I'm not choshesh. Why am I not According to know where I am? I'm going to call him now. Why not? Because I go with the right. So the Gemara How do I know that idea? All my brothers are Simmons man Shiva mechanish. So these are rosh yeshivas for 10 amoraim. Each one is going to give us another idea. All of them are basically pushed off. And then Rashi says we have to come on to Allah Moshe Messiah. Says Gemara ask him Shilo. Every morning in the morning we bring a carbon. The head of the carbon. So as we know we take the this 13 Kohanim that take these pieces and each one they cut it up. And one Kohanim holds the head of the animal in his hand. The head of the animal you can't chop up in the pieces. Why? I saw the head. You can't chop up a head. You have to hold it. You have to have it whole. The problem is the neck with shame on you God chrome Maya. Perhaps there's a lining, a membrane around the brain. It's called a chrome, like a plastic bag. And if it has a hole in it that's a treif. It's one of the 18 treifs. As we're going to see throughout the there's 18 treifs. One of them is chrome Shiva. Maybe this animal has a hole in its membrane. Sounds like something somebody would say you have a hole in the membrane. I don't know. And therefore it's a treif. How do I No, it's not. Now I can't go in there and do an autopsy. Why? I don't know what that means. I can't do an autopsy. Why can't I do an autopsy? Because then I'm breaking the head open and I it has to be whole. We're going to learn the whole thing. Here is the membrane from color shown. Around the brain. Now let me show you even something better. It's also from color shown. Now I just have to warn people if you're not into this stuff we'll see in a second. Warning. I had a much worse one, but this is they did it in a nice way. Mom just cleaned the whole thing. Great. Says the Gemara, "I'm in my dilemma. Who told you Who told you that you can't check the brain? There's a way to check the brain without chopping up the head into pieces." Dilemma with the falafel or butter clay. I thought maybe the word falafel is like fillet. That you cut it open. Says the Gemara, "This isser of cutting up the head cutting it up to pieces if you cut it completely. Check this out. Here's the palely. He made a cut on the top. If you If you're grossed out from these things, don't look. That's a brain. He's going to zoom in to show you the membrane around the brain. It's like a plastic bag around the brain. He's going to strip off this little hole there. Okay. But what we saw here is that he cut where his hands are in. How How are How are his hands inside this guy's head? Cuz he made a nice cut. But the bottom is all intact. The side is intact. You see where it's brown all the way to the right side of the screen? It's intact. Just what? He made a He sliced it open. That's okay. That's not in the It's not It's still whole. Says the Gemara, "Thank you, my brother Omar. Okay. I got pawned him. I don't have a raya from here that I'm I'm with the roiv. Why? Because perhaps he does check. Maybe he has to check every single morning, every single evening, every carbon island that comes out of the every carbon I should check the membrane of the brain. The membrane of the brain. Another raya. I learn it from breaking the bones on Pesach. Why? It says on Pesach, should we show this? I don't know if it's like that. As I'm talking, it says by the carbon Pesach you're not permitted to break any bone. So it's the same raya that we brought a second ago. Maybe the brain the membrane around the brain is has a hole in it. And therefore what? It is a treifa. And you can't check it out because you can't do the trick that we said before. What was the trick before? That you're going to make a you're going to slice the skull open and peek inside. You can't do that with the carbon Pesach. Why? Cuz you can't break any bones. But I for that I do have a So what's the shaiya? What's the What can I do? So the way to do it is without break with burning it. If you make a burn through the skull, that's okay. You can burn your way through. Maybe put a coal on it and burn your way through with a coal light and it burns the the skull. Oh by the way, then you can check it. It's a sign. Now it's also to cut bones. But what about sinews that are similar to bones? That's okay in a carbon Pesach. It's also okay to burn the bones of a carbon Pesach. That's not considered breaking bones. I don't have a raya. Maybe he did check. Maybe everybody's to check the membrane of the brain through burning your way through there. No raya that we could rely on rave. are asimalia. I'm going to bring a rayor from the tail. Domar ach mono. Chelboy ho aliyo tmimo. The law is that every carbon that's eaten like a shlamim chatah or an asham, you put the tail the the the chelev the the fat of the aliyo. Let's show the aliyo again. Here we go. On to the mizbeach. Now, by doing that, by putting the tail onto mizbeach, l'choyra, you are severing perhaps you're severing the spinal cord. And by severing the spinal cord, you're you're making it a trayfa. That's one of the eating trayfas, the spinal cord. V'le achshav nifsak chuta shidra. So, is the chuta shidra? Let's see. Chuta shidra. It's a beautiful stuff today, all new for today. We have a 3D of the spine. That's the spine, but inside the spine, it protects the that white chuta shidra, which we know is the the whole um Yeah, but what does the spinal cord do? The the nervous system. The nervous system. Says the Gemara, I should be concerned for the chuta shidra for the spinal cord that's inside this tail. Ela Ela mishum d'minu zil b'sur ubah. No, we're going to go with the Ra'avad, and it's usually not an issue. V'chi teima d'min d'tely b'sugya, maybe you'll tell me, "You know why it's not an issue? Because I'm cutting the tail lower down on the on the spine." And over there, I'm not so concerned about the spinal cord. If I do detach the spinal cord, that's not a trayfa. That's a whole sugya. The spinal cord has like three We'll see pictures later on of where the spinal cord the nervous system splits. It has like different um What's the word here? >> Nerve endings. >> They're like this. Like you see that split over there? So, there's more of that. At a certain point, you could cut the spinal cord and nothing will happen to the animal. We see it with animals, certain animals you cut the tail like Doberman Pinschers or the You cut the tail and nothing happens. So, this is going to blow you away. This is my mom, this is unbelievable. Luma so awesome mana. Where do you cut this this alley from? All the way from the kidneys. Check it out. Here are the kidneys, beautiful. Look at this. Where are they? Look at that. Ah. From right over there. So, you have to take the tail from up there. Ah, if you're going to cut it from the where those kidneys are, of course you're going to If you sever the the the spinal cord, you cause serious damage serious damage. That's a real treif. You If you have to take that part from the close all and put it on the mizbeach, how you going to check How you going to check whether or not the spinal cord is severed later on? Says the Gemara, Yeah. Luma so awesome mana. Mogum shachlais ya'atsois. Says the Gemara, why can't you check it? May maybe you deposit the lower part of the clock. Maybe you open it up and check it. You mean something to me, Mom. Has beholden I mean they have the heart of the Gemara. I think of the life lesson, but maybe you just slice it up and check to see make sure that the the whole cord is intact from that point on. So, maybe I don't have a great raya. Ramsha is really that I videoed my as a regular roof. I learned from the regular roof. What's the regular roof? If they find a body between two cities and Yossi made a brand new one just for today, so you don't know which who where the killer came from. So, they do a midas. And then they have to bring a calf. And they do a little chopping to the head. Not a big deal. And that's to be not listen in the river. This calf has to be whole. When you chop its head off, maybe you chopped off its the head of a animal that's a treif. It must be that we go with most animals. Most animals are not treif. The male is good. But what's the difference? If it's treif or not. It's not a carbon. You just chop its head off. No. The fact is It has to be no treif on it because it says the word carbon. The show cut the sore off. What's the parah adumah? The parah adumah is the red heifer that it doesn't have any white hairs or anything like that. It's pure red. What do you do with it? You burn it, use the ashes to mix with water, which we sprinkle on somebody who became tummy from a dead person. It has to be whole without a treif. Wait. All right. It's a treif. No, right. Uh it's not a carbon. It is a carbon. Why? Cuz we call it hot to see. It's like a carbon. How old is the parah adumah? It has to be in the second year. That means it lived 12 months. If it lived 12 months, then it can't be a treif. LMI, it became treif later. Okay, then I have a khazaka d'meikara. It went at least 12 months of its life without a without being a treif, so you're concerned that maybe it developed a treif, too bad on you. I have a khazaka that it's not a treif because I I can prove that it wasn't a treif for the first 12 months of its life. So, zogt the Gemara, I'll prove it to you from the two goats of Yom Kippur. One we throw off a cliff and one we do the avodah in the Beis Hamikdash. Zogt the Gemara, we learn from the sa'ir l'Azazel d'Rachmana omer d'lo shnei se'irim, you should take two of them. Shushneihem shavim, they should both be equal. V'leikha shas the Gemara d'Avraham Beis, dilma khavinayu treif, perhaps one of them is a treif, and therefore what? The one that fell off the cliff is a treif. Ela, mishum d'rov minyan ovin, you have to go with the majority, and the majority they're not treif. You know, who cares? It's not a korban that fell off the cliff. Anyways, it's going to Like my mother used to tell me, what difference if the cookie is broken? You're going to chew it up, and it's going to be it's broken anyways in your mouth. So, here also, who cares if it's treif? You're throwing it off a mountain while it's alive, it's breaking up into pieces. The Gemara says, Ho'in go'al k'veila l'Azazel el b'davar r'uy l'shem. No, it's a big enough k'veila because the one that you throw off a mountain has to be r'uy to be a korban. D'reidema d'vei kinan lei, and you'll tell me that what? That after it gets down to the bottom of the mountain of the cliff, you'll pick it up and check to see that it's not a treif. But nano, we learned in the Mishna, l'ho'in magi'a machatzis ha'ar, it only went halfway down the mountain achshav nasi variv varivim in a bunch of pieces. Therefore, you can't check it. Fine. Gemara omer asim makkeh aviv v'imo, this is gevaldik. If somebody hits his father and causes him to bleed, ah, d'omer Rachmana kantlei, no, baruch Hashem. The Torah says you kill this person. But, listen to the question. This going to blow your mind. This going to How do you know he's your father? How do you know he's your father? Your mother could prove it. But, how could you prove that he's your father? Maybe there's another father involved there. You have to use the right. The right be This is the husband that was there from the beginning. So, most likely, yeah, you're right. It's very possible that somebody else in in certain communities in America, whatever. But, in our community, it's not so so we don't know what's going on. But, it's possible. So, you have to go with the right. I'll give you a case where it's 100% the father. Why? Because the mother and the father were locked up in a prison in one room. And the only ability the only the only possibility is that he's the father. So, even so, there's a concept that there's no guarantee when it comes to us. We learn it from a killer. You should kill a killer. Somebody killed another human being, you kill him. But, maybe the person that died, the the victim, maybe he was a traitor. And when a person kills a traitor, it's also, of course, but you can't kill So, why do you kill him? Because it's the right people are not traitors. He doesn't have He has a intact membrane. Maybe you should do an autopsy and check it out. You can't do that because it's not right to It's a maze. You're making It's disgusting to do so to to dead person, cut him up. Listen, you want to kill somebody. So, you can't you can't kill him until you do an autopsy. maybe in order to save his life you should do an autopsy. And from here they want to bring riot could you do autopsies this naval is right so it's the rabbonim can you do it in certain situations which is very important for kash nafshes etc. The nagosh oh the nagosh says tomorrow at the end of the day maybe we should be concerned that this something like this maybe the bullet that he shot went right through a hole that it was pre-existing in the guy's heart or here this is an animal here's a hole in the trachea and this would make the animal a treifa and then comes along the shochet which we're going to say that that's actually a case in the gemara but also in a human being maybe the knife that he used went right through an a pre-existing wound that made him a treifa so mayla I will never know if this guy is was a treifa or not and I have to be I guess I have to be some kind of right fact I says but there's a way to kill somebody without causing a wound at all where you don't have the shash of maybe it went through a hole or not hole and that is if you submerge him in water you kill him by drowning him over there there's no wound okay I am the raboisai we're here in Madrid in the Beth Chabad we're in the middle of sugardough aleph and bais 10 daf into mesectus chulin a beautiful sugiyah and 10 shitas of why we go with roiv when it's roiv the lesser common when you have a roiv that you can't count how do you know go with the majority we're holding by ravina ravina amar as you may edim zomenim edim zomenim is very interesting you'll see in the chart here, hopefully sticks it in. Adam Zomen. When you have two Adam against two Adam, two against two is zero. Nothing happens. They each other. Boom. But if you have two Adam that testify that Reuben is a killer. And two other Adam come and they say that the first two Adam, they were on a cruise ship with us. It's impossible that you were able to witness the killing. You were in Madrid when that happened. So, the two Adam that try to kill Reuben, they said he's a killer, they die. That's like Zomen. You do to them exactly what they wanted to do to Reuben. And as the is going to say later, I'm going to give you the end over here. It's only if Reuben actually is alive. Because if they were successful and they killed Reuben with their testimony, we do not kill them. But the proves from here, right? How do you prove right? As he made them Zomen. You do to the two Adam you do to the two Adam the the initial Adam the original Adam that testified that Reuben is a killer. We do to them like they wanted to do to Reuben and we kill them. The says that this Reuben guy traitor Adam. Maybe he had a hole in his trachea. And therefore, he's considered a traitor. Maybe he had a hole in his membrane of the brain that surrounds the brain, the plastic bag around the brain. Maybe they had a hole in it. And he's a traitor. And therefore, if you kill a traitor, you yourself don't die. It's It's a big issue, but you don't get Mesa. So, why do we kill the Adam? Obviously, we rely on the majority. And Zuba Zuba. The going to lay. Oh, you know, when you kill these two of them, when you do an autopsy to Reuben, we open up his brain and we see that there's no holes and we open up his trachea, we see there's no holes. But that's impossible. Why? If Reuben ends up dying, then we don't kill the two of them. So, you can't do an autopsy. The only time you kill the Adam is when he's alive. When he's alive, you can't do an autopsy. But then you could tell if he's a treif or not. Wait for 12 months. If he continues to live, that means he's not a treif. And he's not a treif, uh, then you kill the Adam. Another shot. From every from our Sugya from you can learn the of majority of right. Why? Just check and eat. And there's no issue. But wait a minute, maybe the knife went into exactly where the treif was. There's a hole in the trachea. As you see you'll put the chart right now where he checks right through a hole in the trachea and you'll never know that he checked it at all and it was a treif before. And if it's a treif you're not allowed to eat it. But we eat meat. Is the that we rely on the right because most treifs don't have holes. Or so Rashi is talking about his as far as I just said. And he said the answer is yes. He says, where you could go ahead and check, then go ahead and check. But where you can't, let's say there's a hole in the trachea, it's impossible to ever decipher that. You'll never know whether or not there was a hole there. So, then then you have to be some kind of right. But, where let's say a regular shchitah, you could you could check. You like the because if not, then may the throughout shas and we just mentioned him in the beginning of sheer when it comes to yibbum. Whether or not we should be on a youngster on a katan that he might turn out to be a sorer. Rebbe Meir says yes, we got to be careful. He can't be me'aber when he's a katan. Maybe So, he's he's always concerned about the minority, the mi'ut of the mi'ut. The mi'ut. Rebbe Meir will never eat meat in his life. Why? Because maybe there's a there's a not even a 1% chance that the knife cut through the hole in the kanah and therefore you'll never know if it was a proper shchitah or not. Maybe the animal is a treifah. So, you're going to tell me he doesn't eat meat? It's impossible. You'll say, "Yeah, Rebbe Meir never ate meat. He was a vegetarian." He couldn't have been a vegetarian. Why? No one could be a true vegetarian. Even vegetarians must eat the korban Pesach. It's a little bit of a kasha on the vegetarians. I'm sure they have some answers to this. The kasha Rebbe Meir has is And Rashi, if you look at the top Rashi over here, Rashi brings a pasuk but achlu basar. There's a pasuk you should eat meat. So, how's it possible if the Torah tells you achlu basar, then how could Rebbe Meir not eat meat? Says the Gemara, "Elo You see from this from the fact is the fact is that Rebbe Meir eats meat. Why? Because when you could check it out, let's say by a yavam katan, the kid is 10 years old. So, you wait. If you could do something about it, you do something about it. You wait 2 years. If he's 3 years old, you wait 10 years. But, you could do But, when it comes to shchitah, there's nothing you could do. There's no way to figure it out, then you'll be some kind of right. That should have have the left side of the head. We cannot be some kind of right. Otherwise, you'll never be able to eat meat. So you say much, you have to be so much on the right and say that the higher up this animal did not have a hole in its trachea and therefore you can eat meat. I can only if that's the actual if the layer after layer after layer and therefore in all our cases here when it's possible to figure things out, we figure it out. When it's impossible, then we rely on the right. Now, so Rashi says at the end of the day all the 10 rights we we we had a period of two. So then why do we rely on a right this matter there when it comes to a right the less common arrive at the numbers are not countable. Like by SARS, we don't know how you can't say okay, this kid is not a SARS, let's count. Uh like a 23 of the Sanhedrin where you can count 12 and 11. When it comes to the SARS, you can't get it, it's just majority of the world are not the reason. So how come we rely on right? So Rashi says and the right here is the mission of Sinai. One shot in Rashi is that it's a lot. Moshe Rabbeinu received this from Mount Sinai. And that's it. We don't have a a clear cut right from a possible. I don't think it's a rule of people like that sure even when you could figure it out, wait a few years. You don't have to says Rashi because Moshe Rabbeinu got it from the mission of Sinai right. You know after a while this is another thing Moshe Rabbeinu ruled this common less common. Okay. And then Rashi says something super interesting. If we're so much on right, that explains why when we shut down animal, we don't have to check all 18 treifas. It says the whole mission of Sinai and this is what we rely on the lower kind of kosher and non-kosher. We don't check all 18. What are kosher and non-kosher? However, we know that we do check the lungs. Why do we check lungs ask Rashi? It's one of the 18. Mission of the Shiya Bel Reusa but because it's very common to find a hole in it and therefore we check. And then says Rashi a secret that you're not allowed to tell anyone about. The egg of this Rami the official ray of leibada. If it occurred that the lung disappeared and you didn't check this particular lung, what do you do? Do you eat the animal or not? It's very common that there's holes in the in the in the lung. Says Rashi miss ahla, you're not allowed to eat this animal. Why? There's some people who are not allowed to You can rely on what we just said that you have to write that anything that's checked it has a kazaka of heter. And then Rashi says these unbelievable words the ain mefarsem hadavar keep this anonymous and like we do in the shear when people ask to remain anonymous we keep them anonymous. Raboisai have a wonderful day. >> Merit the zchus of spreading Torah throughout the world. Sponsor a shear today at mdy sponsor.com or [email protected].