Chullin Daf 26

All right, daf vav, Tuesday's daf, as we finish out the perek. But we got a bunch of mishnayos first to do as we get a tour around shas with these mishnayos of comparison. Now we're holding in base hatemed. What's temed? Temed is the dregs and the of the wine that's mixed with water. And it's a shaila about its halachic classification. Is it considered water or is it considered wine? Now what would be a nafka mina? Well, one nafka mina would be whether or not you can be your ma'aser sheini and exchange it for this temed water. Cuz water is not something that you can use ma'aser sheini for. So if temed is considered water, it ain't going to work. So temed if it's not yet been if it's not fermented, it ain't because of ma'aser because it's considered water. It will make also possible a mikvah because a mikvah is only possible with not with me. So now at that point it's no longer water and therefore because of ma'aser and likewise also a mikvah. Next halacha. You got brothers who are their father's estate. And there's different ways to look at it. Are they still working at the base? They're still acknowledging the existence of the father's estate or are they just considered business partners and now they've gotten together after the haluka. What would be the nafka mina? Well, one nafka mina would be whether or not you pay a because when you give your shekel, you also pay a which will go with the simple from Rashi over here that since the coinage of old would degrade and you'd have less silver in your actual ma'aser shekel so you would compensate by adding a but that's only when you are giving your own shekel. If you're doing it on behalf of somebody else, you would not pay the so the question is when the and who've divided up their father's estate, are they giving to themselves which case they're a or we acknowledging the existence of the father's estate here and therefore they're doing it for somebody else. So the I should because of because they're doing it for themselves cuz they've already done the and they essentially have gone their separate ways. They are a and likewise because of because for you're going to be when you are a so they're no longer here and therefore they are however and therefore there is more of a is more of a here. at that point paturim min hakal boin because we're acknowledging the existence of the father's estate. Az och the Gemara, this first part of our mishna that discussed the temed water. Money masnisan le Rebbi Yehuda v'Rebbi Yonan. De Tanya, we're actually the girsah may be t'nan because it's really a mishna in maseches maaseris in the fifth perek. A mesamei v'nosan mayim b'mida. Let's say someone puts water into the temed, it has an exact amount of water um v'matza k'dei midasa, and later on after he strains out this liquid through the temed, he has the same amount of water, which implies there's no additional volume from the temed itself. So zoch the tanna kamma, you'll be patur from trumah and maaseris because it's not really wine, it's just flavored water, and that's not considered anything that's chayaav in trumah and maaseris. But Rebbi Yehuda is mechayev. According to Rebbi Yehuda, there is a new din of wine. I even though it's the same amount of volume of water, well, could be some water was left behind in the temed and replaced with actual sediment of grapes, and therefore now this is a wine mixture according to Rebbi Yehuda, and therefore you're chayaav for trumah and maaseris. So money effect the Gemara, who's our mishna going like? Either Rebbi Yonan, oh, well, it's going to be water, so aful gav d'eichmis, the temed even though it's eichmis, our mishna that's mechalech whether or not it's eichmis l'chayara shouldn't work like anybody because according to Rebbi Yonan even though it's eichmis it's going to be considered water. Be Rebbi Yehuda, aful gav d'lo eichmis, it should be considered wine. A Tosefta over here has an important question of whatever happened to being nicein taam. We don't be seeing we're dealing with the fact that the water is different just because the fact that we get the taam of the wine in it, and that's l'chayara halacha that we're going to talk more extensively about later on in the maseches. But we seem to be completely ignoring that when it comes to this mishna. And Tosefta says a chiddush that in such a case where there's not really a taam, the way he says it is, in such a case where there's such a small amount l'chashiv taam gam l'Rebbi Yonan k'bishari surin because it's only kiyu b'yalma. It's not really considered a taam, and therefore you don't have the halachas of being nicein taam to be mechayev you in trumah and maaseris. But anyway, right now our Gemara's kasha is who's the tanna of our mishna because it can't be Rebbi Yehuda, and it can't be the Rebbi Yonan, and more Rabbah bar Rav Huna, moving over to amud aleph. B'she'eichmis machlokes. That machlokes Rebbi Yonan and Rebbi Yehuda in maseches maaseris is where the temed was already eichmis. U'masnisan an hour mission is going like where it's going to be totally whether or not it's the fish must like this but our mission is not going to be with you who do you look because of my sir if you have this non timid that you already bought with my guilt and then it becomes kind of my sir now this liquid is going to have the condition of the master my time because he going to show I'm afraid of the pair who come to from the time when you bought it with the mice mice that watery timid was already considered like a may pair and even though the doesn't seem to deal with the it does feel like a ticket issue there's an important rush here by the rush he says the is because at the time of the you see that it was the of the it was already there and then there's the process is kind of started maybe that's the because by there's nothing now at all for when point B is what point A should have been right the I'm afraid by a typical of a rat the process hasn't started at all but here it's a the process had really started already even when you bought it with the mice mice for the elements in our mission that's whether or not it's don't maybe if you just leave this stuff alone it will eventually be and therefore which means you should not be allowed to be make it to say well this stuff is not yeah but it might be eventually and for the we know it won't be because the way the maker left over some of this timid inside and he sees it as not being able to worry about you can assume the stuff is going to stay that way rather it could be our mission is going like who always goes we know from the mission in the seventh paragraph of at the beginning of the closer we know that three lugum of possible so let's say you had three lugum of it's missing a quarter of it's missing a little bit of a little bit of wine is mash on the three lugum because it's so strong it looks like wine the so what pasalu cuz you don't have three lugim of water anymore pasaling the mikvah since this has now a status of wine. However, shlisha lugim mayim chaser korta shinuflo saychan korta of challo let's say the three lugim now is mushlam with some milk and therefore umaray and kamara mayim it looks like water still the Nuffalo mikvah lay pasalu it's not going to pass even though it looks like water because it doesn't have the volume of water of the three lugim. But Rebbi Akiva Nuri omer akol halacha acharei amarei it's all going to go how it looks and therefore if it looks like water it's going to have a din of water. So the gemara love omer Rebbi Akiva and boser chazusa zlina and noch anami zil boser chazusa by our mishna also go boser the way it looks the time of a chazusa de high and what's the case of this non nischamezt stika tamid mayanenu it's like water and therefore it should have a din of water. So therefore Rebbi Akiva is saying that Rebbi Akiva Nuri would hold that tamid has a din of water cuz when it looks and tastes like water as long as it's not nischamezt and therefore you can't buy the tamid with your maiser shaini and it's also going to pass the mikvah. But after the chaimetz and now it tastes and looks like wine so we'll give it a din of yayin and therefore you could buy it with maiser shaini and it will not pass the mikvah and that's our mishna. Now Rebbi Nachman had said the machlokes of Rebbi Yehuda and the chachamim in the mishna maiser was talking about where it was already nischamezt but that's what Rebbi Akiva Rebbi Elozar because the omer Rebbi Elozar akol maydim shein mafreshna al mi makam acher even Rebbi Yehuda is maskim you can't take off your maiser from one chelek of tamid on another chelek of tamid because al em kein ichmetz unless they are the same. We are afraid of course of from chiyuv al haptur and since these things could ferment at different points there's a real chasha here. Kasavar Rebbi Elozar holds blei chiyuv ichmetz machlokes. Yad kan lamachai Rebbi Yehuda al minei ovei and that Rebbi Yehuda does not machayev the hafrasha of these maiser except from the actual non nischamezt stika tamid avo mi alma lei but he's not going to allow you to be mafresh from other non nischamezt stika tamid cuz dom osei lafrushim min chiyuv al haptur umen haptur al chiyuv. So therefore Rebbi Elozar understands that according to Rebbi Yehuda you got to be mafresh from it itself so you're not nichnas into that safek. Turn Rebbi Bonen the braisa says a tamid actually ichmetz before it becomes nischamezt turning over to me days mashikay bamayim the is that all liquids and all items from that matter all become permanently to me and they have no way out except water. Water can become even after it's to me and that's all you do a process called where you lower the clean and the water kisses the other to come out but it has to have a status of water. This price says that before the was you can be but at that point it's not water anymore. This is what seems to be a pretty hard to understand. The only time you could do this with this non stick of only if you pour the water over the that and then that non stick of that became to me. I will be but if the water that was poured over the was already to me that won't work. Also my why would be any different if the water was originally to me and then became a mixture of that you can't use it. Because presumably I did my show since the water is heavier it settles at the bottom of this container coffee as opposed to the drags that's mixed with the fruit that will float and moves to the top and therefore when you do that when you do the you're not actually touching the water but that's the case to hire him besides if the water was and after became part of the mixture became to me it should also be not shy to the because the physicality whole matter is the same that the fruit is going to go to the top and the water is going to go to the bottom. Ella the must be that's all mixed up. So the here also with the water was initially to me and the are mixed together should be shy and that's where is arguing with so the come here and the she and this is talking about the different stages of a girl's development so these are being able to sell her as an Amma having Kanas if someone's Ma'aneser are mutually exclusives. So after the Gemara Amora of Yehuda Amora, Zu Divrei Rebbi Meir, aval Chachamim Amru, yesh Kanas b'makom Mecher, there is an opportunity where they can both coexist. De Tanya Katana m'vas Yomi ad she Tovi she T'saris, yesh lo Mecher v'ein lo Kanas. So b'ish Tovi she T'saris ad she T'vagar, and from the time when she develops a T'saris until she is now 12 and 1/2, meaning during that time of her Na'ara Atud, yesh lo Kanas v'ein lo Mecher. Divrei Rebbi Meir, so how are Rebbi Meir? I am b'chol makom she is Mecher and Kanas, b'chol makom she is Kanas ein Mecher. V'Chachamim Amrim, Katana m'vas Yomi ad she T'vagar, that a Katana from the time when she's three until she reaches her complete adulthood, yesh lo Kanas. Now, Kanas in Mecher lo is a freak of Gemara, rhetorical question, Kanas in Mecher lo? You're telling me the Chachamim hold that there's no Mecher for this Katana? We know the Torah says you can sell her Kanas when she's a Katana. So Eima, what did Rabbanan mean? Af Kanas b'makom Mecher, you even have the Kanas even though there is the ability for Mechira. So after the next Mishna, Kol makom she yesh Mi'un ein Chalitza, v'chol makom she yesh Chalitza ein Mi'un. Right there about the stages of growth, that Kol Zman she could do Mi'un, when she can walk away from this marriage that her mother and her brothers married her off to, she cannot do Chalitza because she's a Katana and a Katana cannot do Chalitza. It's Machlokes Rashi and Rabbeinu Gershom over here. Why can't they Katana do Chalitza? Rashi says cuz the Pasuk says M'mayenedes b'ish. Rabbeinu Gershom says cuz Kol Zman she's a Katana maybe Shaman Nimtza Ailones and therefore it'll be Aishes Ach Lo b'makom Mitzva. But either way, a Katana certainly can't do Chalitza. Zot the Gemara Amora of Yehuda Amora, Zu Divrei Rebbi Meir, that a Na'ara cannot do Mi'un. Aval Chachamim Amrim, yesh Mi'un b'makom Chalitza. D'tanya d'mose ya habas m'mayenes ad she Tovi she T'saris, divrei Rebbi Meir. Rebbi Yehuda Omer, ad she Ya'avor Shachar al Haloven, that's going to be a further stage in her development. But according to Rebbi Yehuda who is going to be the Shitas Chachamim, there is an age where the girl Shayach to Mi'un, meaning Kodem this stage of Shachar, and she can also do Chalitza because any Na'ara can do Chalitza. Zot the Mishna, Kol makom she yesh T'kiya, anytime that there is a Yom Tov that is right before or right after a Shabbos and therefore there is a T'kiya because the T'kiya always indicates going up in kedusha. In havdalah, there is no havdalah. We're not mavdil when we go into Shabbos even though there is a havdalah taking place, but since we're going into Shabbos, going up in the kedusha, that's a tekiah degazach and not a havdalah degazach. So, they are mutually exclusive. Yom tov shechali is be'erev Shabbos, like we just had this year on Shavuos. Tekein v'lo mavdilin, we only do the tekiah, we don't make havdalah. In other words, we don't do a havdalah for the day that is passing. Motzei Shabbos mavdilin v'lo tekein. But, keitzad mavdilin tako do we do when there's a Yom Tov on a Motzei Shabbos? We say "kodesh l'kodesh" okay. How does one do the tekiah when there's a Yom Tov that falls out on a Friday? So, take keiah u'me'eriah, me'take a tekiah. You blow a tekiah and then you do a teruah within that tekiah. Meaning, there's no hefsek. That's how Rashi learns. Before you finish the tekiah, that's when you start doing the teruah. R' Avasi omer, "tekiah u'me'eriah b'neshimah achas." You can pause, but you just have to do it all with the same breath. Asking R' Avasi, "what do you say?" And that's how R' Avasi was mesakein in Hutzal to do it that way. Ah, meisa Yom Tov shechali be'erev Shabbos. The braisa says if a Yom Tov falls out on Friday, "tekein v'lo me'arein." My love, that you don't do any teruah at all. Like, that's not the way to read the braisa. R' Yehudah metareitz l'tamei and R' Avasi is metareitz l'tamei. So, we won't be shveren either of them. R' Yehudah metareitz l'tamei that "lo me'arein bifnei atzmo v'lo me'take a tekiah." That's how you do the teruah within that tekiah. And R' Avasi metareitz l'tamei that "lo me'arein b'shtei neshimos achas." You do it all in the same breath. Then, the Mishna said "Motzei Shabbos when Yom Tov falls out on a Sunday, make the bracha "hamavdil bein kodesh l'kodesh." So, omer R' Lo. Where does he say this uniqueness of "hamavdil bein kodesh l'kodesh?" Omer R' Yehudah b'chasi moser. At the end of the bracha. D'chein omer R' Nachman b'chasi moser. R' Shishis b'rei R' Avidia omer "af b'psichasa." You can even start the bracha that way. V'lo k'vasi. That's not the way we pasken. Then, the Mishna said R' Dosa omer "bein kodesh l'chol u'bein kodesh l'kodesh." That's the nusach, but v'lo k'vasi. And finally, the Gemara says omer R' Zeira, "Yom Tov shechali be'emtza Shabbos." Let's say Yom Tov falls out in the middle of the week. Omer "hamavdil bein kodesh l'chol." U'bein chol l'kodesh when you start What's the reason that you even say Havdalah when there makes no sense to mention Shabbat in the middle of the week? To which says it's because we're listing the different Havdalahs which the Torah mentioned Shabbat being part of the list and that's why we have this part of the Havdalah we got to finish the first part of and tomorrow we'll pick it up with the second part.