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Chullin Daf 9
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All right, daf tes. This is shabbos's
daf, and we are picking it up on ches
beis four lines from the bottom. Omar a
maymar mishmay d'Rav Pappa, "Lo
lischayif inish chafley ilavei bisra."
You got to make sure when the butcher is
handling different pieces of meat, you
can't have it such that the cheilev,
which is assur, could drip into the
kosher meat because "d'doif tarba ubula
bisra." The fat will drip onto the meat
below it, and the meat below it might
absorb it. And Tosefos speaks out that
we're talking about right after shchita,
when the meat itself is warm. Once
though everything has turned cold, then
we're not worried about the cheilev
melting and going into the meat.
Therefore, you could and therefore Rav
Pappa wouldn't have this concern.
"Frekht die Gemara, if you're telling me
worry about this dripping of the
cheilev,
he treit zein ami." Even if you just put
it straight on the butcher's block
without any other meat, "doif tarba
ubula bisra." We should always be
concerned about the meat touching other
meat. But to that the Gemara says,
"Karma mafsik mitasai." There's this
membrane that encases the busar from the
meat that's below it, and that will
protect the kosher flesh from this
cheilev. But in the first case, when the
cheilev itself is lying on top of the
meat, we're afraid that it's going to go
into the meat. So, "Frekht die Gemara,
if you're telling me that there's this
karma mafsik, this membrane that
separates it, moving over to my left, me
iloi nami karma ika." Even in Rav
Pappa's case, you still have that karma,
you still have that membrane protecting
it. Why are we worried about putting
those pieces of meat that have that
cheilev above the other meat? So, "At
die Gemara cuz aidi d'mishamshi miyaldin
d'tabcha mifchas." The butcher is
rubbing that meat, the above one, and
it's going to break up the membrane, and
therefore it will release that cheilev
to go into the meat that's below it.
"Viomar Rav Yehuda Omar Rav, talmid
chacham tzarich she'yomar shlosh
d'varim." A talmid chacham has got to
know how to do three things: "Ksav,
shchita, and mila." He needs to know how
to do ksav, which is writing, which
Rashi learns he needs to know how to
sign his name for aidus. Rav Shach can't
fathom that. Come on, like everybody
knows how to sign their name. So, the
Meiri wants to extend that you have to
be able to have nice handwriting. And
the Rav Shach takes it even a step
further when his idea says that a talmid
chacham needs to know how to write chal
and tshuvis. He needs to know how to
write well. Also, shchita, as Rashi
says, not just learning the sugyas, but
he should have actual practical
experience of being a shochet and a
milah. He should know how to be a milah.
Three more things.
needs to know how to tie the knot of
tefillin. And Rashi learns that we're
talking about the multiple kesharim, the
one that looks like a dalet in the back
of the head. And the yud that's on the
arm. That together with the shin make
the letter Shakai. But there is a big
challenge in the Rishonim about the
definition of kesher shel tefillin is.
And you have to know how to be a mesader
kiddushin. And how to tie tzitzis. And
why does Rebbeinu Tam also want to say
these three things that Rebbe Chananya
bar Shlamiya said you have to also know?
Every talmid chacham knows how to do
these things. We don't need to give that
independent instruction. Top Tosafos
makes the point over here that mecha
medakdek Rebbeinu Tam de'ein sarchus
lechsheb'hol yum tefillin. You don't
have to retie the tefillin every day. We
take out our tefillin, the knots are
already there. Because there is this
Rishon, the Rebbeinu Eliyahu, who holds
you do have to tie it every single day.
If there is a shochet who doesn't know
You got to know hilchos shechita to be a
shochet.
And this is the big five that we
mentioned on the first day of this
mesechta.
And that can be translated as shehiya is
stopping, pausing in the middle of the
shechita process. Derasa is by pushing
straight down with the knife instead of
doing a sliding motion. Chalada is
burrowing underneath the simanim and
cutting outward. And hagrama, which is
cutting the neck beyond the area that
you're supposed to cut it. And the ikur
is just tearing it out.
I mean, the Mishnayos tell you what the
different pesulei shechita are. What
kind of halacha is that saying that a
shochet needs to know
Obviously.
Maybe you had this guy who didn't really
know hilchos shechita. But we witnessed
him do it properly a couple of times.
The maiseh the previous shechitas he did
properly, so hay nami shachat shaper.
So, kamashmalon given de'lo gamar,
zimnin deshayev derasa lo yada. It could
be that he might accidentally do a
derasa and we can't see after the fact
that he did this improperly. So,
therefore, you cannot be someach on his
shechita if he doesn't know the
halachos.
>> After the shochet shacht, he has to
inspect the simanim. He has to take a
look at the karnayim and the veshet
after the shchita to make sure they were
cut properly.
If the shochet paused, he did this
sh'hiyah long enough to inspect, he has
passulled the sh'hitah.
When we say he paused for bedika, he
means checking out the karnayim and the
veshet. So, clearly, the mishna is
mashma that the karnayim and the veshet
do require a bedika, and it's done after
the sh'hitah, like Shmuel said.
This is what the mishna means. K'day
bedika chacham. If he waits long enough
that a chacham could check out the
knife, and the mishna is not talking
about the karnayim and the veshet. So,
there's no raya to Shmuel that you have
to check these simanim after the
sh'hitah. Same k'dei, if you're telling
me that Rebbi Shimon's memra is talking
about the talmid chacham's inspection of
the sakin, to
take? It's not a standardized time,
because let's say the talmid chacham is
further away, or if he's nearby. We
don't know what this means, and we don't
want to have a halacha that's nisat
d'rachim l'shiurin. Ela k'day bedika
tabach chacham. What Rebbi Yochanan was
saying is that this shochet, who is also
a talmid chacham, if he pauses long
enough to inspect that knife, that's too
long, and that would be considered a
sh'hiyah in the sh'hitah. But in the
ch'nami, that's not nisat d'rachim
l'shiurin. That is a That could be
measured as a specific fixed amount of
time. Now, we begin these exciting
sugiyos of chazakas and rayas. The next
three blot. Very exciting stuff. Now, we
said that the shochet should inspect the
karnayim and the veshet after he's
shachted these animals. Now, let's say
he doesn't. Lo badak mai. What's the
status of this animal if you don't do
this bedika afterwards?
treifa v'asura b'achila. It's going to
be taka a treifa animal, and you're not
allowed to eat it.
It's even going to be worse. nevelah
The animal is actually going to be a
nevelah, and therefore, when you carry
it, it's going to convey a tum'ah, as we
know the halacha is a nevelah is
metamei. So, here you have a machlokes
whether or not this animal that you
didn't check is a treifa or a nevelah.
So, b'mai kam palgi? What are they
arguing about? B'dei Rebbi Nachman
d'amar, because Rebbi Nachman said the
heima bechayaha bechezkat issur medas.
An animal during an animal while it's
alive is bechezkat issur. Ad she'i vad
locha be mashina shchuta. Until we can
determine that it was shchuted properly,
it has a status of chezkat issur. Now
what's the issur that we're talking
about? That's actually machlokes
Rishonim. The Rashba and other Rishonim
say it's the issur of einas avucha. But
Rashi over here says it's ever min
achai. Now the reason why the Rashba
doesn't like Rashi saying it's ever min
achai is cuz this animal is dead. So how
can you talk to me about a chezkat ever
min achai? Must be because Rashi's using
the klal of machzikin an issur l'issur
that we're going to see in other Gemaras
coming up that you could take the
status, the uftoi of the chezkat issur
of the ever min achai and it's continue
it until you can prove otherwise that it
is gishachtin properly. But nishchita,
once the animal is gishachtin, then we
flip it around. Harei hi bechezkat heter
ad she'i vad locha be man nitreifa. Then
it's innocent until proven guilty. We
can assume it's bechezkat heter until we
can establish why and how it became a
treifa. And now we break it down. Mar
sover, according to the braisa, when
you're not bodek the simanim after the
shchita, it's bechezkat issur kayama and
therefore we hash ta masei and now we're
looking at a dead animal. Well, a dead
animal is just a nevelah and therefore
it will be metamei be masa. Umar sover,
bechezkat issur amrinan. Yeah, you're
right. It is bechezkat issur. You're not
allowed to eat it until you prove
otherwise. Over bechezkat tumah amrinan
and therefore it's only going to be a
treifa and not going to be a nevelah.
The Rosh in klal chof asks a shaila that
he you didn't bodek the simanim but
lemaaseh you have a rav. Rav matzui
eitzel shchita are mumchin as the Gemara
tells us. So look here, even if you
don't check for the simanim, why can't
you just go bust a rav that the shchita
was done properly? And the Rosh answers
that we would bet some want to say that
rav matzui eitzel shchita but the
problem is there's a rayasa in the
shchita because the shochet isn't
supposed to check and he didn't. You
want to tell me that rav shochtim are
good shochtim? This shochet wasn't a
good shochet cuz he didn't do his job
right. He didn't check afterwards. Okay,
gufa. Omar R' Puna, the heima bechayaha
bechezkat issur medas ad she'i vad locha
be man nishchita. So it is going to be
not kosher until we can establish that
it is kosher.
Once it is the heter amrinan.
it's the opposite. It's innocent until
proven guilty. It is considered kosher
and
until I can establish it's tarfus.
Once it's
you're allowed to eat it. It's What are
you telling me that it's
It's a way to give me It sounds like
you're still about it and you're relying
on the You're not relying on the It's
kosher.
Even now that there is a new problem,
still it's
and the animal will be kosher.
What's going to be the
if a wolf came and took the
from this
animal? Should we now be that the animal
might have been a treifa?
What are you talking about? If this took
away the
Unless they're not here. So why should I
be that maybe the animal was a treifa? I
should be that maybe there was a treifa
there just because the wolf took it away
isn't a reason now to be for treifas
that would not be typically happening.
No, what
Let's
say the wolf came and he made a hole in
the
So do we now have to be
that the animal was a treifa?
If the wolf made the hole, so
we can see that the wolf did it. So why
should we assume that the animal was a
treifa beforehand? The wolf did all the
damage here. Now this was the shaila.
The wolf took the
The
wolf brought them back. Now the wolf
brought back we could see the teeth
marks where the wolf was having these
Now the question is
Maybe the wolf made a hole in the
in an exact place where there was a
pre-existing hole meaning it was already
a treifa. Should we be
that there was a
because we're looking at a hole and
maybe that hole pre-existed? So
he says back to in
We don't have to be for such a thing,
but we assume rather that the made that
hole. So the animal's not a treifa and
you can eat it.
I'm going to ask you from a braysa which
is a different topic. The topic of
Sakana. Roa tzippor hamenaker b'teina.
Let's say somebody saw a bird picking at
a fig. V'achbar or a mouse hamenaker
b'vateichim. It's punching holes in the
melons. Turning over tumid base.
Chosheshin shema b'makom nekav nakav.
Maybe there was a pre-existing hole
where these animals are doing their
little digging in these things. And if
there's a hole there already, we're
afraid that a snake got in there and
might have put its venom inside this
perry. So you see that the brice is
concerned about a pre-existing hole
where these birds and mice are making
holes. So how can R'Puna be so confident
that we don't have a pre-existing hole
in the b'nei mayim by the case of the
za'ev? So Amar Lei R'Puna Rava, "Mee
kama damis issur l'sakana?" How can you
compare issur and sakana? Sakana shiny.
We definitely are more machmir by
sakana. And therefore you have no raya
to ask me from a brice about sakana.
Amar Lei Rava, "Rava says back to
R'Puna, "Mai shna? Why should it be any
different if there's sakana? Sofek
sakana l'chumra and sofek issur nami
l'chumra." Both are of the same ilk.
Both are sofek sakana and a sofek issur.
We always go l'chumra. So why would you
R'Puna be machlik between the sakana and
the issur? Amar Lei Abaya, Abaya says
back to Rava, "V'lo shani bein issur
l'sakana." Because I'll show you that
different kinds of sfekos are treated
differently. V'ho ilu sofek tuma
b'reshus harabbim, sfeka issur. V'ilu
sofek mayim megulim assurin. But when
you're mesufek about mayim megulim, if
there's going to be aras nachash in the
water, the water's always going to be
assur. So clearly we are more machmir
about sofek sakana more than we would be
about sofek issur just like R'Puna
originally said. That's So this is
Abaya's taina on Rava. So Amar Lei Rava
says back to Abaya, "Hasam, when we have
a sofek about tuma b'reshus harabbim,
hilchos segima r'lameisita. There's a
halacha. The halacha l'Moshe miSinai
that we learned from seita. B'massei da
b'reshus hayachid af tuma b'reshus
hayachid. So this is a specific halacha
about sofek tuma b'reshus hayachid. But
en achani, normally speaking, we're not
going to be more meikel by sofek issur
than we will be than sofek sakana like
R'Puna said. So Rava is putting both
sofek issur and sofek sakana on the same
level. But most of R'Shimon, I'll show
you that we have a difference of
standard between sakana and Issur. That
Sheretz may be Hulda, if there's a
Sheretz in the mouth of a Hulda, in the
mouth of a weasel. The Hulda Mehalaches
Al Gabei Kikra Shel Truma, and that
Hulda is walking on the Truma. Safek
Nagah, Safek Lenagah, and I don't know
whether or not the Sheretz actually
touched the Truma or not. The Halacha is
Safek Atei Tahor. But in such a similar
case, the Ilu Safek Mayim Megulim will
be Assurin. So Al Acharei you see like
Abaya that a Safek Sakana is going to be
more Chomer than a Safek Issur, which is
K'neged Rava. To which Rava says Hashem
Nami Hilchesa K'minah Lemasei'ta.
There's also a special Halacha to learn
from the Seita. The Masei'ta D'var
Sheshma Das Lishol only if there is
something that you could ask about, like
an Isha that you can ask her if she was
Mezuna. Ah, so Ken Nami also by other
cases of Safek Tumah. D'var Sheshma Das
Lishol, that's when the Safek is going
to be K'pasken L'chumra. But if there's
no Das Lishol, the reason why the Kikras
are going to be Tahor is because of this
special Halacha. So basically, it's
another exception. Now, this whole issue
between Abaya and Rava of how do we view
Safek Sakana versus Safek Issur, the
truth is it's a hard thing to understand
the Chiluk. Because why should there be
any difference between the Sakana of my
physical being versus the Sakana of my
Ruchnius? I should be Choshesh for that
downside. So to understand this, let's
take a step back. Safek D'Oraisa
L'chumra. According to the Rambam, there
really is no such thing. According to
the Rambam, Safek D'Oraisa is really
L'kula Min Ha'Torah. And the whole
invention of Safek D'Oraisa L'chumra is
a Din D'Rabbanan. The Rashba famously
argues with the Rambam. But the question
is, how can the Rambam understand Safek
D'Oraisa being L'kula? What gives you
the right to roll the dice here and
potentially be Over an Issur D'Oraisa?
And it must be that we're not simply
just playing the odds here, saying,
"Hey, we don't care." It's Mestaber to
say that it's much more of a Lumdish
concept that if I don't know if I'm
doing something wrong, it's felt in the
Ma'aseh Aveira. So if I don't know if
this is Cheilev or Shuman. So according
to the Rambam, Min Ha'Torah you can eat
it. Why? Because if I'm eating something
that I have no idea if it is Assur,
that's not really the same Ma'aseh
Issur. Oh, that explains why a Safek
Issur would be L'kula. But the Rambam
might agree by a Safek Sakana that it's
worse. Why? Because a Safek Sakana is
fundamentally different than a safek
issur. A safek issur is a safek if my
ma'aseh is a bad ma'aseh. But a safek
sakana is not about the ma'aseh. We
don't care about you ingesting this
potential poison or walking out into the
street maybe being hit by a car. We care
about the taitza. Are you going to drop
dead from eating the poison? Are you
going to get hit by a tractor trailer?
So Zozian like the Rambam saying by
safek issur that it's felt in the
ma'aseh because you don't know that
there's vada issur here. But by safek
sakana we don't care about the ma'aseh.
We care about the taitza. And we don't
want you to die. So that would be the
idea why chamira sakanta me'issura. Now
the Shmaitsa, Shmaitsa dalet perek aleph
says a very big chidush that the
machlokes the Rambam and the Rashba
whether or not safek deraisa lekula is
min ha'Torah lekula or lechumra is the
machlokes Abaye and Rava in our sugia.
That Rava holds like the Rashba that
it's safek deraisa lechumra across the
board whereas Abaye is more meikel
sometimes because like shitas Rambam
safek deraisa lekula. That's the chidush
of the Shmaitsa. Now the Rashba himself
who says that safek deraisa lechumra is
lechumra min ha'Torah he still says over
here in our sugia that there is an
exception to the rule based on the
anatomy of the safek. What I mean to say
is that a typical safek of is this thing
cheilev, is this thing shuman, is this
thing basar b'chalav, is this a dvar
assur, that zok the Rashba everybody's
moskim is safek deraisa lechumra min
ha'Torah. However, if you have a safek
about whether or not a certain story
took place and affected my dover hanidan
over here. So I don't know whether or
not let's say the za'ev punctured a hole
in this bnei mayim or I don't know if
the nachash had already made a hole in
this peiri before the mouse was chewing
on it. Zok the Rashba that's where
there's going to be a machlokes Abaye
and Rava that's a separate category.
It's a little bit troublesome. Why
according to the Rashba should there be
a cheilek how you got to the point of
safek? I don't know whether this is
kosher or treif. Somehow it matters
whether or not I'm clearing etzem about
the zach or whether something happened
to that zach. So I just want to suggest
and this is a yesod that I'm going to
talk about I think in the future daf
yomi shiurim kind of my own little
thesis that when it comes to how we
pasken shailos, we always need to ask
ourselves what is our birurei sfeikos
coming to answer? How close to our
actual shaila is our birurei sfeikos?
What I mean to say is, when we're going
to talk about roiv, I'm going to take a
piece of information of, let's say,
tesha chanuyos or roiv metzuyin etzel
shchita, otherwise known as rubi d'isa
and rubi d'leisa common respectively,
and I'm going to apply it to my shaila.
I would contend that some roivs are
going to be more directly answering the
question at hand than other ones. Like,
for example, roiv beheima she'ein
treifus is possibly more directly about
the meat than the tesha chanuyos, which
is just telling me where the meat came
from. Uma meila tells me the kashrus of
the meat. And so, in the same way that I
like to suggest such a cheilek that I
think will be in the gain in upcoming
shiurim, there is, I think, a
fundamental difference if I don't know
if a piece of meat is cheilev or shuman
and I want to use safek d'oraisa
l'chumra to pasken it, or if I want to
know what happened with this outside
me'ura. I don't know whether or not this
animal did something to my meat. Uma
meila, if that happened, it will make a
psak on my meat. I feel like that's one
step removed, even though it's not a big
step removed, but it might be enough
step removed for the Rashba to say his
cheilek and therefore not be bound by
his general safek d'oraisa l'chumra min
ha'torah l'chumra, and that's what the
Ba'al Ha'Rov could be arguing about over
here. All right, we're going to stop
here and pick it up with Sunday's daf to
finish up this sugiyah then.