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Chullin Daf 13
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All right, Daf Yomi Gimel, Wednesday's
daf. Yesterday we began the discussion
of the end of the first Mishnah about
the Shochet of a Katan and that their
Shchita, while not ideal, would be
kosher if there's a Hashgacha over it.
But now we're going to pick it up from
the two dots on Yud Beis Beis. Amar
Rabbi Chiya bar Abba boy Rabbi Yochanan,
Katan yesh lo machshava v'ein lo
machshava. Does a Katan have machshava?
What's he talking about? So the way
Rashi understands the Gemara's shaila is
by Shchitas Kodshim because there's a
requirement by Shchitas Kodshim to have
kavana. So when a Katan shechts, is that
going to be called kavana? Now Tosfos
has a problem with Rashi's translation
of the Gemara because the Gemara in the
beginning of Zvachim, as you remember,
has a shaila about stam lishma because
as we remember from the beginning of
Maseches Zvachim, stam by Kodshim is
lishma. So if we don't know what's going
on in that little head of the Katan, why
can't we just say that it's going to be
kosher anyway? Tosfos says that the stam
of a Katan is worse than the stam lishma
that we're talking about in the
beginning of Zvachim because he's a kid
and he doesn't understand what's going
on at all. And it's like he's being
mesasek, which we know is not going to
work as we're going to see later in
today's daf and as we saw at the end of
Menachos like two weeks ago. But right
now Rabbi Yochanan seems to be asking
this as a shaila. Katan yesh lo
machshava ein lo machshava. Amar leih
Rabbi Ami, "What do you ask me about the
machshava but you don't ask me about the
ma'aseh?" Ask whether or not a Katan's
action has any machshava in it. What
kind of a ma'aseh are we talking about?
The Gemara is going to clarify. Rashi
already foreshadows the kind of case.
Perhaps the Katan is relocating the
Kodshim to the northern part of the
chatzer and now we want to know, does
that ma'aseh have any halachic relevance
if it's backed up with machshava?
Continues Rabbi Ami, "Ma ishna ma'aseh
d'lo kamai bo'alei?" Why are we not
going to ask about whether the ma'aseh
of a Katan has anything to it's non?
It's because we don't need to because we
have a Mishnah that says "Geish lo hein
ma'aseh" that a Katan does have a
legally significant ma'aseh. This is
going to be the Mishnah here now in
Maseches Keilim in the 17th perek as
we're going to get to, I guess, in a
couple weeks as we continue through
Keilim. So in the same way that we
wouldn't need to ask about a ma'aseh
because that's befeirish Mishnah, "So
machshava nami lo leiti bo'alei." You
shouldn't have to ask any shaila about a
ma'aseh because "D'its non ein lo hein
machshava" because that same Mishnah
says that the Katanim do not have a
halachic machshava. And now what is this
Mishnah in the 17th perek of Keilim that
we're talking about? "D'its non" because
the Mishnah says "Ha'alayin v'ha'arimim
v'ha'egozim" these kinds of different
nuts "Shichchah kakum tinaykus l'mad
b'hein" That kids are hollowing them out
and measuring stuff like sand in them.
They're using it to be the holder for
the scale. Basically, these are fun toys
for kids. Who doesn't like to play with
a nut? When I was a little boy, I had
these European uncles who one time on
Hanukkah, when we went to visit them,
actually gave me walnuts. They didn't
have quite the appreciation for how much
fun a walnut might be. But anyway,
historically, nuts were toys for kids.
So, if the child goes ahead and makes
the shell of the nut into a base keilim
such that it should have a potential
name of a keilim, the halacha is tamei.
It will be mekabel tumah because they
did a
action that we say makes it into a
keilim. Moving over to
But just their intention alone is not
going to be considered halachically
relevant to make it into a keilim. They
have to have the ma'aseh. But the point
is, both the ma'aseh and the machshava
of the katan is before us in this
mission in keilim. We don't need to have
a shaila about it. So, we have to
re-explain what was Rebbe Akiva's
shaila.
You're right. Rebbe Akiva never had a
shaila about machshava alone. That is
not legally significant.
Machshava nikeres mi teich ma'aseh.
Let's say if I understand what the kid
is thinking because of what he did,
because of the ma'aseh that he did. Kid
going, and this is what Rashi had quoted
earlier. Let's say a carbon is on the
southern side of the southern side of
the
southern side of the southern side of
the southern side of the southern side
of the southern side of the southern
side of the southern side of the
southern side of the southern side of
the southern side of the southern side
of the southern side of the southern
side of the southern isn't going to be
anything. But here, the machshava is
nikeres mi teich ma'aseh. So, maybe that
will say it should be a kosher shaila.
And now we speak at the shaila.
From the fact that he schlepped it to
the northern side, so chavin lo.
Clearly, he did it because he wanted to
be mechaven to bring a proper carbon
oil. I don't know makom who de lay shram
lay. Maybe he just moved it there
because he didn't have a comfortable
spot on the southern side, but it's not
that he was doing it for the right
reason. But the fact of the gemara
even this kind of case where the
machshava is nikeres mi teich ma'aseh
will also know that. It's not because of
the Mishnah in Masachet Machshirin in
the sixth perek cuz the whole Masachet
Machshirin is really all about when can
something become tamei and we know it
has to have one of those seven liquids
of yad shochat dam but that's only if
the person is happy that the liquid is
there. That's a lot of what the Masachet
discusses. So the Mishnah over there
says that let's say a person is maleh
peiros al hagag mipnei ha'akumah.
They're bringing the pears up to their
roof not because they want them to be
there but they want to avoid the insects
that are downstairs. The yored al
amtalem now once the pears are exposed
upon the roof now the tal, the dew, goes
on them. So that's not considered like I
want them to become wet and therefore
they're einan b'chiutan and therefore
they're not muchshar l'kabel tumah v'ein
niska'av l'kach. But if you do want the
pears to become wet because of the tal,
then hareini b'chiutan. Continues the
Mishnah in Machshirin cheirem cherish
hakatan. Let's say the lav bardas brings
them up to avoid the bugs. Af al pishon
niska'av l'kach even if they did want
them to become wet einan b'chiutan
mipnei she yesh lohen maiseh but still
they lohen machshavah so it's not
considered b'chiutan. The amar of
Yochana on that halacha is like Yochana
leishana el shele hipach bohen. That's
only if they didn't do an actual maiseh
after it got wet. Av al hipach bohen but
if the cherish hakatan was in machapach
them after it got wet hareini b'chiutan
and it will become tamei. So l'chara a
machshavah that's nikra mitach maisef is
already also inferred by Yochana
himself. All right, so let's try again
about what Yochana shailah was. Hachi
kami bo'alei Yochana shailah was
d'oraisa a d'rabanan. This kind of
machshavah that's nikra mitach maisef do
we recognize that on a d'oraisa dikka
level or only on a d'rabanan dikka
level? And Rav Nachman b'Rabbi Yitzchak
must be lo hachi he had the same
discussion learned in a slightly
different way. Amar Rabbi Chiya bar Abba
bo'alei Rabbi Yochana katan yesh lo
maiseh o ein lo maiseh. Amar lei Rabbi
Yami v'ti bo'alei machshavah and maiseh
u'machshavah d'lo kami bo'alei why
wouldn't we have any shailah about
machshavah? D'itnan ein lohen machshavah
cuz we learned in that Mishnah that we
had already quoted that we don't reckon
with the machshavah of a katan. Maiseh
nami l'ti bo'alei that there's no
shailah about the significance of a
maiseh katan because d'itnan yesh lo
maiseh cuz we do reckon with their
maiseh. So hachi kami bo'alei this was
Rabbi Yochana's shailah d'oraisa a
d'rabanan. How do we look at the masa?
And what we mean is the machshava that's
mikareis meitoch masa, is that a
deoraisa dik significance or only
midrabanan? And to that the Gemara is
pashut, yesh lo masa via filu midoraisa.
Their masa is chashuv on a deoraisa dik
level. Ein lo machshava via filu
midrabanan. There's no machshava even
midrabanan. However, the middle level of
machshavta mikareis meitoch masa,
midoraisa ein lo over midrabanan yesh
lo. So, according to this lashon of the
Gemara, since midoraisa machshavta
mikareis meitoch masa is not going to be
legally significant if the kohen katan
would move that carbon oila from the
southern side of the chotzer to the
northern side in a chanami, it would not
be a kosher carbon. Only a derabanan dik
things like the derabanan dik tuma of
the peiros on the gag that the cheresh
es of katan is mahapech on the roof.
Okay, boy minei Shmuel meirav Huna.
Minayin lemasik bekarban shupasal? Which
is the same Gemara we had at the end of
Menachos. How do you know that masik
bekarban is going to be pasal? The way
Rashi learns the masik over here is if
you're throwing a knife and it shechts
bekarban along the way while the knife
was flying through the air. Tosefos, the
Rashba, they have problems with this
shita in the Gemara according to Rashi
and they learn masik slightly
differently. Al kol panim, how do you
know masik is going to be pasal for
karban? Shenemar "Veshachat es habakar."
That we darshin "Shetishchita leshem ben
bakar." It has to be for that purpose.
Amar lei Rav Achai bar Rav Huna, "Zubya
deino hi." We already knew this. But la
akemi na, how do you know that it's
me'akev even bedi'eved? And for that
Gemara "Loretzeichem tisbachu." Which we
darshin "Letzeichem zevachu." You have
to be aware when you're shechting. Zagt
the second Mishna in this masechta,
"Shechitas oved kochavim neveila." If a
shechts, it's like the animal
dropped dead on its own and therefore
has a status of a neveila, not a treifa.
And the big nafka mina is umitama
bemassa. It has all dinei neveila like
the tumas massa. Which now the Gemara is
medayek, neveila in it sounds like issur
hana'ah loi. The fact that the
shechts isn't going to make it into
issur hana'ah. So, man tana? Amar Rebbi
Chiya bar Rebbi Abba amar Rebbi
Yochanan, "Diloi Rebbi Eliezer." Dik
Rebbi Eliezer, if our Mishna was going
like Shechitas Rebbi Eliezer, ha'omer
"Stam machshavos oved kochavim lav oved
es kochavim." So, therefore it should be
assur behana'ah. Rebbi Ami amar, "Hachi
ketani." me Ruby I am going to add
another thing that we can see from our
mission that they have a carbon
but the men love a carbon it sounds like
only the
of a guy is in the veil
but the of a men someone who does Zara
it sounds like it will be by
Tony and Tony
we can back this up with what we see in
the price of the men love
whatever was shifted by a men you have
to assume it was done with shame of a
Zara by pass Kusi and therefore you are
not allowed to eat it yay his wine is
Nesa and will be
so far
Kausman and therefore you have to which
says
and therefore you got to burn the books
of Tovolent the of a
men in Israel is going to be in my sir
and therefore we have to assume it's the
after turning over to me base one of my
the children of these Jewish men allow
their own wives to be and therefore you
have to assume her children are going to
be
with
who don't agree to this yes I am what do
they hold I'm not going to let my car
I'm not going to let their wives mess
around like that and therefore the kids
are not going to be now
she have a carbon is in the veil but
it's not
for the more of a
may you should be and therefore it
should be
I am not a rubber ball
I am meaning
there is no are going on by the guy I
think I am talking about
of course there is
I am right of the
meaning it's not that prevalent because
lucky I am
I am I am
not sure it's love I am I am a carbon
they are not that from they are not
doing for real I am meaning I am being
they are going through the motions they
are not really doing religious reasons
it reminds me when I was working at
Berlin a couple of years ago it was
right after the holiday and one of the
members in the
asked the African American custodian has
a sense of humor if you went to church
on
and the fellow said I am not bothered
going so the says back to the custodian
you are such a guy
>> Anyway.
There is no din of men meaning there is
no din of Azara
to lay my shita it can't be
If you have a Yidisha guy who does a
Azara his flesh will be considered
So the
boy a guy that's going to do the Azara
of course it would So that can't be the
way we're saying there's no din of menas
for guyim
it's got to be that that
of saving or even potentially pushing
down the guy into the bar to kill him
But how could that be?
we would do that to a
So over the hammer
The whole thing we're talking about is
we would accept
And even if we would not accept a carbon
from a Yidisha men we would accept a
carbon
from among you but not all of you could
bring carbonas
bringing the Yidisha mumers carbon but
we can
That distinction is only made by Yidden
and not by guyim and we will take their
carbonas
How do you know the price talking about
taking the carbonas from a guy even if
he's a men Do you know how he come here?
Me Israel
We'll only take from Yidden who are
sadikim but
we like to come here take
carbonas
We will never take a guyisha carbonas
Now
the Tanya
ish
ish which sounds like a reboy of every
kind of person
We know guyisha carbonas can be brought
Okay the mission said that
given the navela since it is a it didn't
have a kosher shita of course it
over
zoo There's
that's worse that even Thomas oil will
be there. The issue and what's that?
If you have an animal that was shocked
at four of it will actually be Tommy
even through Thomas oil.
There's one that is only
and not
and what is that?
But in the
we
agree that it would be Tommy but oil.
The
oil
it's only going to be
but a regular guy is only going to be a
bit master.
If a blind guy shocked it will be
kosher.
So
not a
in the same way a guy is not a guy.
Which I didn't speak out but there is a
of why exactly is a guy
going to be puzzled.
The guy says it's because
And this is the guy who got through. But
the guy is maybe the more simple that
the guy says it's
and he has to be in the partial being a
guy. So a guy is not in the partial
being a guy.
So the guy uses this mission as a right
to support his idea that this that a guy
is only the mission to say but the
mission
to and the
guy like the
of not being a guy
of
Just because the guy is blind doesn't
mean he can be a guy. Just means he's
from listening to the etc. Now according
to the other like the
who hold that a guy is in
even from the guy we need a way to
understand this mission and you can
listen to the guy who makes a suggestion
based on the guy. Okay. So like the guy
though the guy the mission says the guy
which sounds like the ever din that
that only if he has
it's going to be kosher but
he shouldn't because he can't see what
he's doing because he's either blind or
it's dark.
Pain in the back of his feet it sounds
like he can on a roof, he can on a boat,
he can up a tree, he can you and me.
However, Dr. Seuss would read this
Mishnah. The point is he can any time
even
so why does the Mishnah worry Hashahet
which sounds like the ever din? Omar of
Papa Bishavuka Kenegda. The Bryce says
he can at night is talking about where
it's illuminated. He's got his torch.
That's when he can
Omar of Dekanami
the case of the Bryce is talking about
where it's comparable to the daytime.
But let me to sum up but our Mishnah is
comparing night time and sum up where
there ain't no light at all. Shmami no.
And we'll pick it up with the Mishnah on
next time.