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Chulin 23
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Today's daf is chulin daf kuf gimel and
we are seven lines from the bottom of
daf kuf gimel amud aleph. So, the topic
has been
schita, specifically schitas chulin.
Stating that the mara digressed and the
mara went from discussing schitas chulin
to melikas ha'of. Melika was very
similar to schita. Anytime a carbon was
brought in the form of an of, a chatas
of or an olas of, rather than doing
schita with the of, what was done was
melika. And it was a mishna and gemaras
that discussed some of the halachas of
melika, specifically comparing and
contrasting schitas of chulin versus
melikas of kasha. Once the mishna
mentioned melika, the mishna digressed
and discussed the birds that are kasha
to be brought as an of in the beis
hamikdash, specifically torim or bnei
yonah. And the mishna mentioned kasha
b'torim pasul b'bnei yonah, kasha b'bnei
yonah pasul b'torim. Then the mara
discussed, so what exactly are those
shiurim? Meaning when does
a bird become kasha to be brought as a a
tor? When does a bird become kasha to be
brought as a a ben yonah? And then the
mishna and the mara discussed an
in-between stage, what's called chilas
chatzi of. And the mara wasn't sure if
that shiur of chilas chatzi of, which
seems to be some in-between stage as far
as the maturation of the bird goes, is
it a shiur that we're just not sure
about or is the a barrier b'fnei atzmo?
Regardless, along the theme of the
digression of the gemara, Rav Zeira is
going to ask another shaila which has
nothing to do with meseches chulin, but
it jives with the digression of the
gemara. B'ei Rav Zeira, omer harei olai
olas b'heimah. If somebody says he's
going to bring a carbon olah as an
adavah, it's going to be a b'heimah. And
then he got specific. He said min
ha'ayil o min ha'keves. He wants it to
be either from an ayil or from a keves.
Now, a sheep, the first 12 months of of
life, a male sheep that is, is called a
keves.
The
first month of the second year of its
life, meaning the 13th month of its
life, it's what's known as a palgus.
After that, it gets known as an ayil.
Now, this person said he's going to
bring it mincha ayil or even a keves.
So, keves would mean that it's 0 to 12
months.
Ayil would mean it's 13 months forward.
What he didn't mention was palgus, says
the Rebbe Zera. What would happen if
this person was hevi be palgus? Say he
brought a palgus. Was he yoitza or was
he not yoitza? He said keves or ayil. He
didn't say palgus. So, at first glance,
you would think he can't fulfill his
neder by bringing a palgus. Says the
Gemara like this. Rebbe Zera explained.
According to Rebbe Yochanan, I have no
shaila. The Amar who holds beryahava,
he's of the opinion that a palgus is not
a safek. This in-between stage, whether
it's a keves or an ayil, but rather it's
a it's a separate stage. There's a stage
called palgus. How do I know that? It's
from the Mishna Krivo. Maybe all of this
guy ayil. If somebody brings a palgus as
a olas nedava, say he has to bring
nesachim together with his behema.
How much nesachim does he bring? Say he
brings the same nesachim that you would
bring if you were bringing an ayil. So,
a keves had its share vi sayin. The
ayil had its share, which was a shlishis
ayin. In the event that he's bringing a
palgus, so it's a Mishna Maseches Parah.
Say he has to bring nesachim. How much
nesachim does he bring? He brings the
nesachim of the ayil. The ayil is not
misafri. But at the same time, if he
said that he was going to bring an ayil,
he can't fulfill his neder by bringing
this palgus. For our Rebbe Yochanan,
regardless. Rebbe Yochanan said that how
do you know that the amount of nesachim
that he's supposed to bring together
with [snorts] a palgus is the same as
the amount of nesachim that you bring
when you bring an ayil? He learns it
from a pasuk. It says ola ayil. And from
the word ayil, he said the Rabbis say
it's a palgus. Now, if you have a pasuk
that's being marubet in nesachim that
you're supposed to bring for a palgus.
What do you see from there? That a
palgus is not a safek. It's not shot. We
don't know what a palgus is. Is it
really a kevis like an animal is for the
first 12 months of its life or is it
really an aisle like it's going to be
from 13 months forward? Cuz if it's this
safek then the Torah doesn't have to
talk about safeks. Like Rashi said on
the bottom on daf khavez base. Umi ekas
safeka kuchi brikh baruch doesn't have a
safek. So why does the Torah have to
address a safek? Elo why palgus is not a
safek. A palgus must be it's a beryeh
bifneh atzmeh. It must be this in
between stage. There's kevis, there's
palgus, and there's an aisle. If that's
the case, it's poshit said Rav Zeira. Oy
mareh oylas behemas an aisle mena kevis.
He can't bring an a palgus because a
palgus is not an aisle, it's not a
kevis. What was Rav Zeira's shaila? Keep
it with Bar Pada. My shaila was
according to Bar Pada who explained that
mishnah a little bit differently. Again,
the mishnah had said that if somebody
brings a palgus, he brings the nisakhin
of an aisle. Rav Ashi said, how do you
know that? You know that from a pasuk.
But Bar Pada said something else. He
said masni masni. That really what
you're supposed to do is you're supposed
to bring the nisakhin of a palgus and
you're supposed to make a tnai. Posha,
what's the tnai? The tnai is I'm not
sure if what this palgus is. If the
palgus is a kevis, so then the revi'a
sahin that I have to bring because I'm
bringing a kevis, that should be kodesh
and whatever's extra should really be
khulin. And if it's an aisle, then
everything should be kodesh. But what So
what was Rav Zeira's shaila? Let's be
poshit about Bar Pada, right? Bar Pada's
clearly saying that it's a safek.
Otherwise, why are you making a tnai?
The shaila Rav Zeira had was what is the
nature of the tnai? Rav Zeira wanted to
know what the text of the tnai is. Me
amrina, do we say the tnai is by aisle
of a kevis masna biberyeh loy masna?
That when he makes this tnai, there's
only two tzodam that he has to take into
consideration. I'm not sure if this is a
kevis, I'm not sure if it's an aisle. Or
either more perhaps there's a third tzod
biberyeh amei masna. He has to really
say three things. I don't know if this
is a kevis. If it is, then I want the
revi'a sahin to be kodesh. Anything
above that should be coddled. If it's an
aisle, I want it all to be coddled. And
oh, maybe it's a pal guess and if it's a
pal guess, I don't have that oil that I
have in head. The turn never addressed
the pal guess which means you don't
bring any at all. And if you don't bring
any at all then the is going to be that
all of it should be coddled. But
regardless from zero understood in Bar
Pado that Bar Pado learned that it's not
a a barrier with me at for sure cuz if
it's for sure barrier with me at
then we would know what supposed to do
with the
that you wouldn't be making this
tonight. But he was clearing whether Bar
Pado had a sad that it's a barrier with
me at or he didn't even have it sad that
it's a barrier with me at. Maybe Bar
Pado who holds that if somebody brings a
pal guess he has to make tonight cuz
you're not really sure what you're
supposed to do with the
how many are there are we trying to
juggle is according to Bar Pado. Is it
maybe it's a cave is maybe it's an aisle
or is it maybe it's a cave is maybe it's
an aisle and even a third side maybe
it's a barrier and for that Bar said
take either way Bar
again in the Indian by saying in all my
real life me
in the
somebody says he wants to bring to you
that as a carp and he says that I wanted
it to be either or
or
he seems to have covered all the
possibilities, right? No, the heavy
sealer and he brought it in the state of
sealer. Is he your his obligation of
bringing the to you that that he said he
was going to bring or can he not fulfill
his obligation of to you that. So what
is sealer? Sealer is discussed in the
matter of talking as you would expect
and it's my place with my Buddha A what
exactly sealer is and B how you're
supposed to treat sealer in
so matter is unleavened bread. You take
dough and water, put it in an oven,
you're going to get matter. If you add
yeast or some other agent that causes
the dough to rise, then what you're
going to end up with is
sealer is when dough is in the midst of
rising, but this process hasn't been
completed. So, it's nisht ein nisht da.
It's not matzah because you added yeast,
you added something to cause the dough
to rise, but at the same time it hasn't
fully risen. Thus, lahalacha yesh lacha,
how do you look at dough like this? Do
you treat it as matzah or do you treat
it as chametz? And this machlokes is Reb
Meir Reb Yehuda. Reb Meir says that the
way you look at se'or you look at it as
chametz. However, we are as chametz
ordinarily chayev kareis kol ha'ochlim
machmetes benichrei'so ad nefesh
mi'Yisrael. If somebody eats se'or only
going to get malkos. Reb Yehuda agrees
that the way you look at se'or as being
chametz, but Reb Yehuda says there's no
kareis if somebody eats se'or.
Additionally, there's no malkos if
somebody eats se'or as well. So, se'or
is for sure not going to be treated as
full fledged chametz. The question is is
if somebody eats se'or on Pesach what
happens? According to Reb Meir it's a
chiyuv lavin, still very very chamur.
According to Reb Yehuda it's not even
that chamur. It's assur, but there's no
kareis and there's not even going to be
malkos. So, Reb Meir takes a much more
stringent position as far as what the
halacha is if somebody eats se'or. But
there's another machlokes Reb Meir Reb
Yehuda. And that is what exactly is
se'or? Reb Meir says that as soon as the
dough changes color. So, apparently as
dough rises two things happen. Number
one, the color of the dough changes. It
takes on a pale color as it starts
rising. Number two, it starts developing
cracks. And that's considered the the
process of the dough rising and that's
what we have to start viewing this
halacha not as matzah anymore, but now
as chametz. According to Reb Meir as
soon as the dough starts changing colors
it's already called se'or. According to
Reb Yehuda that would not be se'or. Nor
would it be called se'or the cracks have
to start developing. Another chumra that
Reb Meir has over Reb Yehuda. So,
according to Reb Meir as soon as the
dough changes colors it's already se'or.
That's chumra number one. It's a very
early stage when we look at it as se'or.
Chumra number two, if you eat se'or you
get malkos. According to Reb Yehuda it
doesn't become se'or until it starts
developing cracks. That's a kula. And
number two, the second kula is even if
somebody eats se'or he's not going to
get Malkus. Okay, they were clear to
Shilo. If somebody said a relay Lachmi
min
and he brought Seor,
is he Yoitso or is he not Yoitso? So the
Gamara says let's see.
Seor the man, who are we going according
to? Is Seor the Rav Meir or the Rav
Yehuda? Do we mean what Rav Meir calls
Seor and we're clearing the Shilo with
Rav Yehuda. What did Rav Meir call Seor?
As soon as the dough changes colors.
What does Rav Yehuda hold about such
Seor? It's Matzah. Rav Yehuda holds it
doesn't become Seor until it starts
developing cracks. It's Matzah now you
see, it's regular Matzah. Either Rav
Yehuda or Rav Meir, do we mean what Rav
Yehuda called Seor and we're clearing
the Shilo according to Rav Meir. What's
Rav Yehuda's Seor? It started developing
cracks. What does Rav Meir hold Seor is?
As soon as it changes colors. According
to Rav Meir, if it develops cracks, it's
regular Chametz. It's Chametz now, then
it's regular Chametz. Then the Rav Zeira
has no Shilo. Either Rav Meir or Rav
Meir, maybe we mean Rav Meir's Seor
according to Rav Meir.
Rav Meir's Seor is when it changes
colors. What's the Halacha according to
Rav Meir by such Seor? You get Malkus
says the Gamara. But the Halacha is like
Chametz now. If you get Malkus for
eating it on Pesach, certainly sounds
like it's Chametz. So again, what's Rav
Zeira's Shilo?
Says the Gamara, the Rav Yehuda or Rav
Yehuda. The Shilo was Rav Yehuda's Seor,
which is when it starts developing
according to Rav not according to Rav
Meir. According to Rav Yehuda, where you
don't get Malkus, certainly there's no
Kores, but at the same time you can't
eat it on Pesach. Am I the Shilo is how
did Rav Yehuda look at this Seor? What
are the two sides of Sfeika Hava? Was
Rav Yehuda not sure whether Seor is
Chametz or Matzah? Thus, Rav Yehuda said
you can't eat it. But Rav Yehuda also
we're not going to give you Malkus
because you can't give Malkus to
somebody that doesn't have Eira Misafek.
So if it's a Safek, then this person who
said a relay Lachmi min or min a Matzah,
he could be Yoitso by bringing Seor.
Why? Because we're not going to because
either it's Chametz or it's Matzah. And
his Tnai was either Chametz or Matzah.
Either
or maybe Rav Yehuda holds it's a it's a
barrier. It's like a bird that's
it's like a
it's it's a barrier.
It's not matzah, it's not if it's not
matzah and it's not matzah
for some reason it's also
there's no but the bottom line is if
someone says
like
you wouldn't be able to be you says the
I don't understand this whole
meaning
shilo real life
and you and he said I'm going to bring
him in the
could he bring it from
and had this this whole says the
this is 101. How in the world could you
do something like this?
Let's see somebody says
so what's the maybe
you have to bring a regular carbon
thing is just bringing
it's not a real carbon. He said if
somebody said it he said if somebody
says a real life
you have to bring a regular carbon now
what's a regular carbon you have to
bring a carbon it's a
has its own
you bring a carbon you bring 40 30 of
the breads are
10 of the breads are are so the
once you have to bring a carbon
the
and obviously you have to bring breads
together with the
although you are the
call me to the
imagine the
how is this going to play a role
practically? If a person says a real
life
he has to bring a carbon once you bring
a carbon you have to bring 40 breads 30
have to be 10 have to be how could you
bring you don't know if it's you don't
know if it's on the side it's
you might have too much
if on the side it's you might have too
much you don't know what's going on. At
the end of the day you're going to have
to bring what you have to bring so how
is this going to play a practical role?
You know almost sounded like he was
saying a person could could make a net
there he says I'm going to bring
just the breads and I want it to be
either or so he could customize his
offering and we're going to go along
with it? Okay, that's a nice if you said
what about this in between there's no
such thing. The only way you bring
is to you a carbon and once you bring a
carbon tied, you have to do what you
have to do. The Torah tells you what you
have to do. You have to bring 40 breads,
30 mats, and 10 carbons. So says the
Gemara, where exactly is this going to
play itself out? What's the truth of the
matter? Like, hello.
It's talking about where a person is not
bringing his own carbon tied. Ruvein has
a friend, Shimon. And Shimon has to
bring a carbon tied. And Ruvein says,
"I'm going to do Yeah, I'm going to do
Shimon a favor. I'm going to go ahead
and I'm going to bring on his behalf,
I'm going to bring lachmi todah for
him." Okay, so then the Gemara says,
"How does that change anything?" So it's
like all the other gabri chametz to the
lachmi matzah. Matzah by the chametz. At
the end of the day, somebody has to
bring a carbon tied. And that person
can't be yoitza with this here. So the
Gemara says, "You're right." Like the
other lifter. What he didn't He never
said that he want This person never said
he's going to use these breads so that
his friend shouldn't patter his
obligation to bring a carbon tied with
it. Rather, he just said that I know my
friend is bringing a carbon tied.
I'm going to add I'm going to add to his
carbon tied in addition to what he has
to bring. I'm going to add some breads.
And the breads I'm going to add are
going to be either min a chametz or min
a matzah. Make a gabri they know they
join off or they don't know anything.
That was the shaila. The shaila is, can
you add it on or could you not add it
on? But you're right, you can't fulfill
an obligation of lachmi todah with this
here because at the end of the day, if
you have a chiyuv to bring a carbon
tied, you have to do what the Torah
tells you to do. It's 40 breads, four
different minin, three of them are
matzah, 10 of them are chametz. There's
no way you could be yoitza with anything
that is a safek either way. Again, so
the the thing here is a digression. We
have significant digression between here
and the end of the perek. The last
mishna said, "Kosher betorah and pasul
benayina. Kosher benayina and pasul
betorah." Why are we talking about these
birds? Because these are the two birds
that are kosher to be brought as oifas
in the Beis Hamikdash.
We're learning chulin, not kashin. But
the mishna had digressed and compared
the halachas of shchitas oif chulin
versus melikas oif kashin. But we had
this idea. What's kosher with this is
pasul that and what's possible with this
is kosher with that. So on that note
says the Mishnah, kosher parah, pasul
eglah. Kosher eglah, pasul parah. So
parah in this Mishnah means parah
adumah. And eglah in this Mishnah means
eglah arufah.
The way that you kill, the way you
slaughter the parah adumah, does not
work if you're
trying to behead the eglah arufah. And
the way that the eglah arufah was
beheaded, that method would not work for
the parah adumah. And the bris six my
son rabbonim parah bishchita ksheira
barif so the Torah says that the parah
adumah required shchita. In fact, not
only did the parah adumah require
shchita, but the bris says the parah
adumah had the shchita had to be done by
a kayen. Al lo zeh chukim ani lo shchita
lo ba dehi. So shchita ordinarily is
kosher bizar, but the parah adumah
ironically did the shchita had to be
done dafka with a kayen. But either way,
parah bishchita ksheira barif so. What
if they did an arif? What if they took
the cleaver that was used to behead the
eglah arufah and that's the way they
killed the parah adumah? That's not
going to be okay. Eglah
barif ksheira, bishchita pasul. And
eglah is just the opposite. The eglah
the Torah says va'arfu, you have to
behead. It doesn't use the word lashon
shchita, uses a different word. Thus,
eglah barif ksheira bishchita pasul.
This is what comes that is kosher
beparah pasul beeglah, kosher beeglah
pasul beparah. Says the Gemara, if you
take parah ksheira barif mikalkel I
don't understand. Lo chareish should be
able to do arif with the parah adumah
mikalkel. Umma eglah shleihu bishchita
shleihu barif. Madich eglah we can't do
shchita you do arif pasul bishchita. A
parah we do shchita in a day and shleihu
shleihu barif. So mikalkel from eglah
arufah. If you could do shchita for the
parah, certainly you should be able to
do arif. Umakro the pasuk says
vishachat.
It says vishachat regarding the parah
adumah and it says the word chukah. So
chukah is one of the magic words that
come up a lot in kodeshim. Bishchita in
barif what is chukah teach me? Ma'akev.
So vishachat and vachukah, it has to be
that way. There is no option to do it in
any way other than Shrita. So, even
though based on the meter, one of the
meters I turn the dress of the path of
Calva Chaimer, you would say that if you
could do Shrita by the Para Aduma, you
could certainly do a Rifa with the Para
Aduma. But, at the same time it says the
Shahad and it says the Huka, we learn
from the Shrita by Rifa like Rifa by
Rifa like Rifa Huka like the Shina Calva
Chaimer. Is that true? If the word Huka
is so strong, meaning Huka always means
my acre. But, it means my acre on such a
level that it takes away our ability to
even Darshan a Calva Chaimer. Meaning,
you can't Darshan a Calva Chaimer to add
something to to what's before in the
possuk. Once it says Huka, but
can't be the Gavi Kippur and the Huka by
Yom Kippur the way they do Yom Kippur,
we know everything is my acre. And the
reason is cuz it says Huka. The time you
went to the Bracha of So Chatos,
Ha Goral L'Ashem Chatos and Ha Sham
L'Ashem Chatos. So, when the Cohen Gadol
did Yom Kippur, they took the two
Sa'irim. One was going to go L'Ashem, it
was going to be brought as a a regular
Chatos P'nimi. one was going to go
L'Azazel. So, the possuk says what
determined which Sa'ir went L'Ashem and
which Sa'ir went L'Azazel? The Goral. Ha
Goral L'Ashem Chatos and Ha Sham L'Ashem
Chatos.
The Goral, says the Bracha, you would
think me Calva Chaimer that if the Cohen
Gadol didn't use a Goral to determine
the L'Ashem and the L'Azazel, but rather
he did it in the conventional method. He
said, "This one should be L'Ashem, this
one should be L'Azazel." You would think
it would work. Why? Calva Chaimer. Who
matter what you do with the Goral and
the Kodesh Ha Sham. Throughout Seder
Kodshim, no such thing as
using a Goral to determine Hektish. How
do you make something Hektish? You're
you say with your mouth that you want
this to be Hektish. So, the Kodesh Ha
Goral in addition to Kodesh Ha Sham,
that's why the Torah had to write extra
words. V'Asu Chatos and we learn from
there Ha Goral L'Ashem Chatos and Ha
Sham L'Ashem Chatos. So, you see that we
need a possuk to tell me that if the
Cohen Gadol wants to determine L'Ashem
L'Azazel not through goral, but rather
through hilchos nedarim, by simply
stating that this one should be lashem
and this one should be lazazel, it's not
okay. But you need a pasuk for it. Halav
temei hakodesh rachamim basochas, halav
ochi. But had I not had the pasuk,
darshinan kal vachomer. I would have
darshaned
kal vachomer. What's the kasha? The
kasha is that it says chuka by the
avodah of Yom Kippur. And if chuka means
that whatever it says in the parsha is
not a gave and I can't even darshan a
kal vachomer to be marbeh something more
than it says in the pasuk because no, if
this is what it says, this is the way
it's done. I hear it says make a goral,
but I have a kal vachomer that I don't
have to make a goral. No, it says goral,
it says chuka. Chuka means marbeh. So
what do I need a pasuk to tell me that I
can't make the lashem and the lazazel
with hilchos nedarim? It says chuka.
Elemai, what do you see from here? That
even though it says chuka, but there's
still yud gimmel middos she'ataru chazal
there. There's still kal vachomer and
this hekesh and this binyan av and this
zer ish shavim. You still have the yud
gimmel middos. Chuka doesn't take away
the ability to darshan yud gimmel middos
she'ataru chazal there. If that's the
case as it relates to the chuka that it
says by the avodah of Yom Kippur, the
same is going to be true by parah
adumah. So again, chazra kashya
v'duchta. V'dehei perek she'eir barif
umikav vachomer. The mishna says, kasher
b'parah, pasul b'eglah. Kasher b'eglah,
pasul b'arufah. Meaning that you could
only do shchita with the parah adumah,
but you can't kill the parah adumah with
a rufah. V'chayra, why not? Why don't
you make a kal vachomer? If a rufah
works for the eglah rufah where shchita
doesn't work, then certainly the parah
adumah which has shchita should have a
rufah. So the Gemara says you have to
say another reason. Meit rachmana gabbei
eglah. In the parsha of eglah rufah it
says ha'arufah with a hei yud aleph. And
we learn from this ba'arufah v'lo
acheres ba'arufah. So it's a limud not
in the parsha of parah adumah, but in
the parsha of eglah rufah. Only that
there's no other animal where you can
ever kill with this process of arifa and
it should be and it should work okay.
Therefore, even though based on the meat
of Kal Va'Chaime, you would think that
the Para Aduma should be kosher by
arifa, but at the end of the day it's
not. Says the Gemara, what about in the
reverse? But hey, Eglah Shairah by Kal
Va'Chaime, the Mishnah also said Eglah
has to be done dafka by arifa, you can't
do it with shrita. Kal Va'Chaime not
partially by arifa, but shrita.
>> [laughter]
>> Eglah shairah by arifa and it didn't
check kosher by shrita. I mean, you have
this normal way of killing the Eglah
Arifa. So, you would think [snorts] Kal
Va'Chaime, the conventional way should
work. You should certainly be able to do
shrita with the Eglah Arifa and it
should be kosher. On my crow, it says
arfuha Eglah and we learn from there by
arifa in bishrita law. Being that it
says arfuha Eglah, we don't know, it has
to be done dafka arifa, but not with
shrita. Either way, exhale and two,
maybe three hearts. So, the first heart.
So, the last Gemara that we just learned
was comparing and contrasting the Para
Aduma and the Eglah Arifa. And the
Mishnah said that the Para Aduma, the
Torah says need needed to be killed via
the method of shrita. It's actually a
big chiddish, it had to be done dafka
with the cohen. And whereas ordinarily,
even shrita in the Beis Hamikdash,
shrita lav avodah, shrita ksheira b'zar.
But when it came to the Para Aduma, you
needed shrita with the cohen. A law of a
chukah k'sivah. [snorts] But regardless,
the Para Aduma needed to be killed,
slaughtered in the conventional method
of shrita. Whereas the Eglah Arifa, that
had to be done not with shrita, but
rather that had to be done with arifa.
The Gemara said that based on the meat
of Kal Va'Chaime, you would think that
the Para Aduma should be kosher by arifa
and the Eglah Arifa should be kosher
with shrita. The Gemara said, you're
right, but at the end of the day this
psukim and the psukim teach me that Para
is dafka by shrita and the Eglah Arifa
is dafka by arifa. What was the pasuk
that the Gemara brought that the Eglah
Arifa has to be done dafka by arifa, not
by shrita? This was the last line that
we learned on my crew arfuha
by a reefer in the sheet of line. What
do you see in that
you [snorts] take a look at Rashi the
talk to Rashi Sheena
that really it's not that possible that
the bringing is the second time it says
in the Torah for our food that you're
supposed to do a reefer and we know
there's a rule in caution Sheena cause
of lack of the anytime the terrorist
says something twice it's not just a
it's
now really that's a big Sheena cause of
lack of because ordinarily you don't
need Sheena cause of
a person can't say you know I know it
says in the Torah you're not allowed to
eat whatever but only says once so what
is the it's a very nice thing to do if
you show it to me twice then I'll have a
Sheena cause of lack of no usually if
the terrorist says something it's my
unless you have a real reason to assume
that it's the terrorist didn't mean that
of course you assume that it means
it's by caution there's a that if it
says something once we assume it's only
the
caution has a it's on
one of the important rules are Sheena
cause of lack of it comes up over and
over and over and over and over again in
all the
that it needs to be says the you want to
know how I know a reefer is my
because it doesn't just say it once it
says it twice and the truth is that at
first glance it would therefore seem
that the
was caution if
that a reefer is my because it says it
not once twice and Rashi Rashi invokes
the terminology that's used throughout
say the caution of Sheena cause of lack
it really sounds like what Rashi is
saying is is that this is a caution so
good and I have it twice once I have it
twice is it's going to be my the truth
is if you think about it is that so
positive
this ego that was brought during the a
reefer process was it caution or was it
not caution now it first sounds like it
right it was brought the part of capital
strong that's what the that was the
looks like the ear used to say and it
was an animal. But but really, after
further analysis, it's not so clear.
Like what happened? What happened was
they found a corpse. Keep what you call
them.
And they don't know who killed this
person. So the Torah describes a very
esoteric, ritualistic kind of process.
The Ziknei Eir, the elders that live in
the city closest to where this dead body
was found, have to go out to a Nachal. A
Nachal Eitzim. It has to be a place
where nothing ever grew, and they have
to take a certain type of Eigel. A calf
has to be of a certain age. They go,
they recite a a text, and they kill this
calf. They kill it. How do they kill it?
I don't even know. Using this this very
very precise process. And they say that
by us doing this, somehow there should
be a Kaparah al ha'olam for this
terrible aveirah of Shfichas Damim that
took place. Now, this did not happen in
the Beis Hamikdash. There's no mention
anywhere of this going down as as as a
Katchin D'ga Halacha. So if that's the
case, at first glance you could
certainly argue that maybe what's going
on over here is not really Katchin at
all. It's I mean it sounds like Katchin.
I mean from a distance, from a 20,000
foot view, it seems like a Katchin D'ga
Parsha. But when you start going through
the details, what's Katchin over here?
It's not going on in the Beis Hamikdash.
There's no mention anywhere of being
Machtish this animal. What what what
Kedusha does it have? It's a Chatas?
It's an Eigel? What is it exactly? So
L'chora, Rashi says Sheina Kasuv
L'akeiv. It seems like it's a little bit
of a Chidush. I saw Rav Chaim Kanievsky
wrote a Sefer called Nachal Eitzim. So
it's a a Sefer on Eglah Arufah. And in
Siman Hey in the Sefer Nachal Eitzim, he
has a tremendous Arichus. Yeish
L'chaker. Eglah Arufah, is it Katchin or
is it not Katchin? And K'darko
Ba'kodesh, he brings so many Rayos. But
just just one Raya that he brings, and
that's a very well known Gemara. The
Gemara in Maseches Avodah Zarah Daf Chof
Tes Amud Beis. It actually came up in
the Daf not so long ago. The Gemara over
there is discussing Yayen Nesach. And
Yayen Nesach of course is Assur B'shtei
It's also Assur B'hana'ah. Says the
Gemara, Yayen Min Olin. How do you know
that Yayen Nesach is also B'hana'ah?
Amar Rabbah Bar Rav Amar Kra. It's
learned out from the following Asher
Cheilev Eglah
The possuk compares It's
and carbonos that are brought
So just like if somebody brings a
sacrifice to
it's also about a
So wine is also going
How do you know that
it's learned out from a different
possuk?
How do you know that
just like a mays is also about a
is like a mays. How do you know
How do you know that a mays is also
about a
says the
bottom line How do you know that
it's also about a cuz
it's
to a that's brought to the altar. that's
brought
is to a mays and a mays is learned out
from the altar. Now we know one of the
more complicated in this
So ordinarily
A from B and then B from C and C from D
from
this from the altar. This from the
you could have this long list of works.
It's fine as long as everything stems.
It's not a big deal.
is so simple. There's a rule about the
altar.
And
then about the altar. And then there's a
whole with the that's involved. What
about a
big show? is
that
or
the altar? And on one side of the
altar that's not something that works.
If that's the case
How do you understand this about the
altar right here? If you going to tell
me that is
then how could the altar teach me that
just like it's also by now so to amaze
us about now then amaze us going to
teach my day heck is for me so it's also
by now then Zilke may some quote unquote
then if you bring a carbon to a way to
start it's also by now which is that
going to teach me all of a sudden it's
also by now they are in essence it's
also by now you're going to trip up with
that so you know it's not sure
makes the husband according to which we
shine him it's a problem but the bottom
line is this is something that you find
in a few places in shots where the
Gamora learns how long is from a roof up
fish live if it's a whole in the parsha
then I understand but if it's a culture
in the parsha then at first glance we're
going to have a we're going to have a
little bit of an issue that's one of the
prime series just one horror I was
thinking is that you know we there are
in parsha akira moise famously discusses
the sort of also so the Gamora just
mentioned the sort of you give it a
serum that was brought sorry al ashem
the sort of also and even Ezra says that
the sort of was a regular carbon what
about the sort of also so says that Ezra
I can't tell you what it is now if
you're smart you'll realize that it's
not a regular carbon because it was a
regular carbon it would also be a sham
right sorry al ashem and the other sort
of al ashem it goes al ashem says that
Ezra it gives you a hint and clues 33
when you'll be 33 years old he doesn't
want to tell you what it is but the one
on he says I need I got to say that I'm
going to tell you what it is he says the
sort of wasn't a carbon wasn't a carbon
al ashem
it was a carbon al ashem one was al
ashem the other one was not al ashem it
was al ashem he says al ashem al ashem
it's the same
I mean that it's Kippur and even Kippur
the same is a trick so that the unit
shouldn't get carbon so we do is we give
him some
right with it always goes with it
doesn't matter at the beginning of the
parsha
by Yaki Mincha my service in the bottom
that with
it smears with
and that's what we're doing we're being
under under sorry rebel sorry is getting
sorry we're giving him a carbon that's
the sort of al ashem it's like this we
should get carbon at the very end of
this trick or says the with
Says with this you could understand the
in the
the
say the
what's a
is the mixture that the drives us crazy.
Why?
They come after us the
really you keep
what what are you doing? You doing that
makes sense to you? You bringing a
does that make sense? You bring the
says the but they want to
why do they
have a problem with the with the
what about a regular carbon? How come
they have no issue with a regular
carbon? He says no but they
a regular carbon they understand.
Regular carbon is a carbon
they're only coming after us with the
why?
Because it looks like
we look like we're pagans. What are we
doing? We're going to a mountain it's
not on the base of
doesn't even have to be a in the person
that threw the down the mountain and and
we're bringing the
it looks like we're doing what they're
doing and as a result that's something
that they attack us for. The
and the same is true with the
with the
either way
that's the
says the Ramban of why this is true why
they come after us not for all carbons
they understand carbons they get it
temple it's a house of worship but the
that's the something that makes sense to
them and as a result that's what they're
mind is so bothered me
why didn't the
also mention
if you're going to sit down now and
you're going to write down
quote unquote that were brought outside
of the
so you're going to get the
that's true it was brought on
you're going to have the that was
brought in the mountain in the
you You the
the The egglah roofah was also you
bringing an animal, you're doing a
sh'chitah. This is a whole process. How
come
how come the egglah roofah wasn't
brought? Maybe it's a raya that the
egglah roofah wasn't kashin. If it was
kashin then it's a kashah. I don't
understand. You're bringing a korban.
See the sorah mish'talle'ach was a
korban chatas. The sorah mish'talle'ach
was a korban. Yet two se'irim, they were
two chatas. They didn't even make a
goral to decide which one was going to
be la'ashem and which one was going to
be la'azazel. But they were certainly
both korbanos, right? The parah adumah
was also kashin in the gemarah. Kashin
in the kapayis, kashin in the be'er,
chatas kayo rachmana throughout shas.
The parah adumah shelo lishmah is pasul
because it's a chatas, right? Chatas
kayo [laughter] rachmana. But the egglah
roofah wasn't kashin. If it wasn't
kashin with gishmak, why the Torah is
kayin and doesn't mention it? Could be
this Ramban, this biur in Ramban. The
Ramban brings this Torah kayin and that
says the umas oilam amashivin aleihem.
Dafke parah adumah and sorah
mish'talle'ach,
you would think that the egglah roofah
belongs on this list. Why not? Maybe
it's because it's not the kashin. What
about the Rashi? You have it before you
Rashi. Rashi says she not kashin with a
laki. Doesn't she not kashin with a laki
sound like it's kashin? But the Torah
pashut says like going to Kanievsky. He
says the Torah is because the gemarah
really had a kal vachomer. There was a
kal vachomer over here that said that
you should learn out that sh'chitah
should work with the egglah roofah. You
sh'chitah always works. So you would
think by the egglah roofah you could do
a rifah, certainly sh'chitah. So to
answer the kal vachomer, the Torah went
ahead and told me a rifah a second time
so that you shouldn't learn from kal
vachomer. Meaning had you not had a kal
vachomer for earth for one time would
have been enough to teach me that a
rifah is not kashin because it's takke
not a kashin the gemarah and if the
egglah roofah is not kashin then I don't
need a shina kashin with a laki. The
only reason we need a shina kashin with
a laki is because otherwise you'd have
the kal vachomer. We simply needed to
address the kal vachomer. That's the
first thought. The second The second
thought is we said you can't do
sh'chitah with the egglah roofah. Egglah
roofah had to be done takke by rifah but
you were not able to do sh'chitah.
Stating that there's a very interesting
twist to this. And this twist to this is
in Maseches Yoma daf sameach amud aleph.
It's also later in Maseches Chulin daf
kuf bais amud aleph. Just a a little bit
of a background. The context is Yoma
sameach gimel amud bais, where the
Gemara is discussing that there's a
pasuk of mechusar zman when it comes to
the sorah hamishtale'ach. Yesterday we
spoke about mechusar zman, that a korban
has to be at least eight days old. It's
miyom hashmini vahala'ah yei'rotzeh. It
has to experience one Shabbos. Just like
a child has to experience a Shabbos
before it has bris milah. That says
that's the mekartei the shalom zachar.
So too there's an idea that a korban has
to greet the matronah before it's able
to come lifnei hamelech as a korban. So
there's a concept of miyom hashmini
vahala'ah yei'rotzeh. And the Gemara
says that this halacha of miyom hashmini
vahala'ah yei'rotzeh is true even for
the sorah hamishtale'ach. The sorah
hamishtale'ach was a korban. And being
that it was on some level treated like a
korban, so there's a concept of mechusar
zman. Says the Gemara, not only is there
a concept of mechusar zman as it relates
to the sorah hamishtale'ach, there's
also a concept of oiso u'venoi lo
sishchatu
beyom echad. So we know there's a
halacha that you're not allowed to
shecht a mother and its son on the same
day. Oiso u'venoi lo sishchatu beyom
echad.
Rava in Yoma daf sameach amud aleph says
that the same is going to be true for a
sorah hamishtale'ach as well. So coming
in really in the middle of a sugiyah, so
it's just one excerpt. Rava omer, "Yei
l'chayav beis din sheyishchatu beyom
echad Yom Kippur." That what would be if
somebody had a chayav beis din
sheyishchatu Yom Kippur. So technically
this conversation should be moved. But
no, there was a chayav beis din
sheyishchatu Yom Kippur. The doctors and
the rabbis all said, "No, we have no
choice. We have to shecht an animal on
Yom Kippur for this chayav beis din
sheyishchatu Yom Kippur." Now, it turns
out that this animal, how this happened,
but this animal's son was the sorah
hamishtale'ach. The sorah
hamishtale'ach. So what do you do now?
There's a halacha of oiso u'venoi lo
sishchatu beyom echad. Says Robert it's
a problem. It's a problem you cannot
bring that you cannot have another son.
You can't use it. Because it's a law
you're not allowed to shack. You just
shack to the mother. You can't shack the
mother and the son on the same day.
Obvious question. They can't got to meet
us there.
Why is it a problem? The Torah says
it's not shack
I mean
says the Torah you ready? The
Torah took Zoe It's true. It's true it's
not shack. What you going to do is
you're going to push it down the
mountain. But pushing the son
down the mountain is the equivalent
there of of shack. And if it says in the
Torah I say that's been a way shack
it means whatever you're supposed to do
with this animal. And if what you're
supposed to do with this animal is the
Torah took then the Torah took so we
shack
and it's going to be included in the law
of I say that's been a way shack.
What came to mind was the Torah in W the
Torah that we got last week. Where the
Torah said that according to Akiva there
was no shack
when you either in the mid bar. It was
okay. I it says I
shack and
who's going to shack all these animals?
Great according to Akiva we don't shack
anyways. So says the Torah no that
before
was was shack. Shack doesn't mean shack
the way we know it. That's only shack
because that's the only way you're
allowed to do it. But if there was
another method then that would also be
okay. Not only would it be okay but it
would be inclusive in the term in the
technical legal definition of a shack.
Says the Torah I say
that's
so we shack and when it says I say
that's been a way shack
you're able to do it with shack as well.
I say
that if that's true as it relates to the
Torah I think the same is going to be
true with regards to
as well. Meaning [snorts] after the
Torah went and they beheaded the
in the
process I think says twice with a
re-fossil zoo he
as it relates to the
you can have a
as it relates to the egg roof as well as
that's twice I think I have a riot of a
riot from the
the there says that after the sick near
year did the egg roof so even though the
egg is is also etc. But it's not to me.
There's no to the available and the
national is a re-fossil with a Harris
that a re-fossil of the egg roof is
this egg from
why is it from
street is from
street is from the as an addition for an
available also right we know this it's
also the model of a master if something
is not available
the street has an ability to be
something from
but a re-fossil why should a re-fossil
be a Harris in the available says twice
you don't have to say this I think the
is this is what I've done
that the says
it took the street a re-fossil a
re-fossil street
and if street is
in the available then the
then the
a re-fossil is going to be
in the available as well and if that's
the case says twice who I think you can
have an as like this to be a so just two
hours the first hour is that we spoke at
the time in the beginning of the week
where the time said that the reason
street is in the available has nothing
to do with the street per se but the
point is the street is a
I mean the street is a
so when you does a so the
that the
after the
they all run away
they don't want to have anything to do
with it so if an animal dies it dies in
the
so
even though the
so Tumah, brings the available that's
why a person dies, there's tumas meis.
It all comes mikayach tumas nevelah. But
if you do shritah, being a shritah is a
mitzvah. So the mitzvah shritah causes
the malach hamoves to run away, and
that's why there's no tumas nevelah. If
that's the case, I don't think you have
a rayah from the Gemara in Zevachim daf
92 amud beis. From the fact that the
Gemara says a refah metaharis midinei
nevelah, that a refah so zu is shritah
also. Maybe a refah so zu is not
shritah. Meaning who said a refah is
shritah? I Why is there no tumas
nevelah? Cuz even if a refah is not
shritah, a refah is a mitzvah. The Torah
says that's why you're supposed no less
a mitzvah than shritas chulin, right? So
shritas chulin is metaharis midinei
nevelah. Why? Simply because of the
kedushah of the act of shritas chulin.
He is following Yoreh Yoreh Yadin
Right, he's not just going ahead and
living his life shleimusly be aleich.
No, he understands before you meet a
chicken, you have to follow a process.
He's being a He's being a heilige Yid.
And as a result, as a result, the koach
hatumah can't deal with this. He runs
away from the malach hamoves. No malach
no tumas nevelah. So why should a refah
be any different? Toisifis is saying
that if there's no tumas nevelah by the
eglah arufah of that tzara'ah, that just
like the Gemara says
with tzara'ah zu is shritah also, then a
refah so zu is shritah also. Maybe
there's no rayah. Maybe a refah is not
shritah. As relates to oiseh v'as benai
Yisrael
to be a mecha, maybe you're not going to
have that halachah with regards to
a refah metaharis midinei nevelah.
That's because why should a refah be any
worse than shritah? Why is shritah
metaharis midinei nevelah? If it was a
din that shritah is metaharis midinei
nevelah, then you could say then you
have a rayah from the Gemara in Zevachim
that a refah must be shritah. If it's
shritah with regards to there being no
tumas nevelah, let it be shritah
regarding oiseh v'as benai Yisrael to be
a mecha.
But according to the Torah Chaim, the
reason shritah is metaharis midinei
nevelah, it's not because of the ritual
process of shritah. It's simply because
shritah is a mitzvah. If shritah is a
mitzvah, then why should a refah be any
different? The chura, a refah is not any
less a mitzvah. That's the first part.
The second part is the Minchas Chinuch's
famous kashya. And the Minchas Chinuch
is in the end of
non-base and it's kasha is based on a on
a message from a camel. That my mama
from an olive who brought you all the
Torah and it's important. The Torah says
kasha as it should always be a mess.
Feels like a long time ago. So you are a
lawyer
as sorry or about a short nookie. So
kasha
is a short killed a person. So
immediately so you are a lawyer as
sorry. Says the Torah what about the
flesh? That could we eat the meat? For
lawyer as sorry. You know what to eat
the meat drink the tomorrow. The machine
in my soccer you soccer any of the Torah
in the Torah about my Torah
why is the Torah have to say lawyer as
sorry? Says the Torah what comes you
know it's coming to teach me in
the Torah after the Torah you know
also coming to teach me unbelievable
Torah that we all know from the Torah
and that is that a Torah in the school
is also about it's also
meaning even if you would shock the
Torah in the school. Once it's my Torah
in the Torah in the school if you shock
the Torah with a Torah in the Torah with
the Torah in the Torah in the Torah
everything do everything perfect as a
man still also about Torah for lawyer as
sorry does not referring to after the
Torah
after the Torah it's an available it
didn't have Torah
what it means is before break the Torah
a bomber kasha and he concludes this
kasha is the Torah in the Torah so you
see Torah in God with Torah in cotton
with Torah in the Torah
but either way says the Torah
I never understood this Torah. You have
a a Torah in the Torah
that have Torah in the Torah with the
Torah in the Torah says the Torah also
in the Torah
so he also that taking the Torah as also
pushing it down the mountain is the
equivalent of Torah it doesn't matter
but it doesn't matter so it's a Torah
it's a master Torah so too much Torah
there's if it wasn't Torah maybe Torah
maybe there you have that law of Torah
the entire Torah applies there was a
master Torah done the Torah with the
Torah so it's a Torah
the same as true says regarding the
says
the also
every father
every father have a right from
is
you see that is my
so you see that
is
as well. What's the
between
the
you doing what the told you to do.
What's
is the kill it this way. Okay, here the
said kill it
here the said kill it like And as long
as you do what the says you're supposed
to do that's the technical definition of
what doesn't mean right so much not the
point. The point is it's following what
the said and if it's following what the
said
and if
that's the case
there would have been a real you know
the thing that if it says you are
maybe you're allowed to eat the meat
because why don't you say also
what's the difference between the
where the says stone this versus where
the says the also where the says
in all cases you're doing what the told
you to do and if you're following the
and that's the definition of
so
that we must
have you have
any of
no any
any don't know that it's also
what you mean you didn't do
I know I didn't do
but I did what the told me to do I did
and the said
and as long as I do what the says I know
from
and over there and
who has a right from
can't
I know that as long as I do what the
tells me to do that is the legal
technical definition of
so if that's the case
that once you do with the it's
that it's an
and I don't even need a to tell me
so much so that the dire issue in the
words
and teaches me a lot
even if you do it with it before the
skilah
maybe the reason the Torah had to say
is
you shouldn't think that
maybe skilah
as well either way fast the cash
the way you not we shall learn