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Chullin Daf 131
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Categories:Torah/Gemara
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All right, Daf kuf lamed alef, this is
Tuesday's daf. We were talking about the
din of Rav Chisda of hamazik matnas
kehuna isha ochlin potur milashalim,
either because the Torah said zeh or
because it's momin she'ein lo ta'avon.
And we are currently up to the fourth
toshma to try to ask on shitas Rav
Chisda, eight lines from the bottom of
kuf lamed alef and bet. Toshma, the
braisa says minayin leba'al habayis
she'ochal peirosav tevalin? Where do we
know that if a guy eats his own peiros
when it's still tevel, when he was
supposed to be mafresh trumos and
ma'asros and he didn't, uchein Levi
she'ochal ma'asrosav tevalin? Or
likewise a Levi that eats ma'aser when
it was still tevel because he's supposed
to take off his trumas ma'aser to give
it to a kohen. So minayin she'potur min
hatashlum that he's takka potur from
paying? Because if you think about he
ate the trumos and ma'asros that was
within that tevel? To talmud lomar,
"Velo ye'ochal kol Yisrael asher
yarimu." That they need to be mafresh,
they need to be yarimu, separated. And
the drash we make is ein lo ba'kohen ela
mishas harama de'eilach. The kohen only
has schus momin from the time of harama
de'eilach. But what do you see from the
braisa that mishas harama de'eilach
mi'am mishalim? You would have to pay
for it. So on my according to Rav Chisda
that should not be true because lo havi
kamazik matnas kehuna isha ochlin where
according to Rav Chisda you're potur
from paying. So the Gemara answers hachi
nami, moving over tam alef to asur
le'ochal ad de'itvei layu. This was the
Gemara's suggestion at the end of
yesterday's daf that maybe this kind of
tevel actually came to the kohen
besha'as while it was still tevel.
De'iksuver haitana, "Matana she'lo hurma
k'mishu hurma damya." In other words,
it's as if there was already a hafrasha.
So the kohen has schus momin. So don't
tell me it's momin she'ein lo ta'avon.
It is ta'avon because he has those schus
momin already. Now what's the case that
the tevel was in the kohen's reshus
already? So Rashi gives us two pshatim.
Rashi says the kohen was zocha from
hefker and he got there first. Or
lishana acharina zocha Rashi, I'm
reading the Rashi at the top of the amud
here, "She'masar la'as hateevel l'zakkos
betrumasha ba'is." That the ba'al
habayis gave it already to this kohen.
Two different pshatim in Rashi. Now
these two different pshatim in Rashi may
be telling an important shaila about
ta'avas hana'ah. This is the way the Pri
Chadash explains it's brought by the
Mareh Kohen that if you learn ta'avas
hana'ah is not momin, meaning that the
ba'al habayis really has no schus in the
trumah of his Paris the coin who takes
it can keep it and that could be Rashi's
first shot that says that the trumah was
hefker and it becomes the property of
that first coin to take it regardless of
whether or not he had the of the balum.
If
it is moment so the coin who would take
that kind of trumah would have to give
it back. That's why Rashi would say in
the second shot that the balabatis needs
to give that coin permission to take it.
And like I said that's the
that brings the
the
himself actually suggests a different
idea that it might be totally in whether
or not
is
a coin if that takes care of a
as well. You may remember the night of
who famously said no one has ever
thought of this idea but this
that's only to make it
but still
to give the proper share for the as
well. Apparently the night of did not
have a read the says this
and this
brings it not only but also from a
and that could be two different days in
Rashi whether or not that coin was from
or whether or not it was given to him
because he may still have not been as
well.
There's an important idea here from in
the
because the is saying here that
as well and therefore this coin has a
in these
of course it doesn't take care of the
to give the
it's only
that
the coin has a
that the coin has a moment in these
but there's a whole
component that has not yet been
so
okay but getting back to our now this is
going to be number five under the says
I'll
say the king basically took the grain in
somebody's because this guy must have
owed the king a lot of money so
if that grain was taken as payment
he still now has the
to be from other grain to give his
but
but let's say it doesn't take care of
his to the king but it's a new loss that
the king just took it so now
now the is not to take extra because of
that he can say well that ma'aser now
taken by the king." But what do you see
from the braisa? That where the grain
was taken as a payment for the cheiv,
the ba'al bayis will have to replace the
trumah and ma'aser. I had that jaive
with Rav Chisda. According to Rav
Chisda, you don't have to replace the
loss of your matnos kehuna. And for the
gemara shani hasam, the komer star
shilei. The owner's making money in the
sense that he is now patur from paying
off his cheivis with other money. So
that mishtar shilei, the fact that he's
making money off of the kayan, that's
not going to allow him to say, "Sorry,
tough luck. I don't have to pay you
back." Tashma laskei kasha from the
mishna that's coming up. Omer lay
macharli bnei me'ah sh'aparah. Somebody
tells the shochet, "Give me the kishkes
of this cow." O hayo b'hein matnos
kehuna, and within that bnei me'ah are
matnos kehuna. Nice and the kayan. That
lakeach should give that keiva to a
kayan. D'eina m'naklin min adamim. And
the shochet doesn't have to remove the
value of that keiva from the purchase
price. Even though the lakeach had to
give that keiva to a kayan, he can't
make the mocher, meaning the shochet,
refund the money. Because he knew it was
there. Because it's not part of the
price of this meat. However, lokachei
min ha'mishkal. Let's say you bought the
cow by weight and the keiva is within
that. So then nice and the kayan. The
lakeach has to of course give the keiva
to the kayan, but um m'naklin min
adamim. The shochet has to now absorb
the loss from that purchase price.
Because he's buying it by weight. But
frek the gemara, am I? Why do you have
to give that keiva to the kayan at all?
L'havei kamazik matnos kehuna o
she'achlan. Let the shochet or the
butcher or the seller here should be
like a mazik matnos kehuna which paturs
him. So he shouldn't need to be
financially liable. To which the gemara
answers, shani hasam, dis nu beinayu.
They're right here. The matnos kehuna
are right here. Rav Chisda is only
saying when the matnos kehuna are no
longer b'hein that you don't have to go
ahead and pay back the lost value. And
now another kasha on Rav Chisda. Tashma.
The braisa says, "Tisha nichsei kayan."
There are nine different zachin that are
owned by the kayan. Now we'll see what
nichsei kayan actually means in the
gemara. And what are those nine? Trumah,
u'trumas ma'aser, challah, reishis
ha'gez, u'matnos that's the sh'rayei
kayan b'keiva, v'hademai meaning the
produce you buy from the am ha'aretz
which chazal said you have to actually
be ma'aser from. V'habikurim, v'hakeren.
If somebody steals and swears falsely
and then is made to yes to pay back a
keren plus
but now the Torah says
in what way are they the
love
that's what we meant by
that if a kind of
he would get paid back as
saying that
to which the says light the kind can't
get his money back and when we say it's
only
for the following the third paragraph of
that
next
to kind of
a kind it's their money it's
like a gift and they can go ahead and
buy
and
they can even pay back their debts we
can get rid of that ex-wife and pay off
this safer Torah and a kind could buy a
safer Torah which seems strange because
if you could buy a you certainly could
pay for a safer Torah and Rashi even
points out
says on the first wide line here
and the
on the mission over there in
explains that a not kosher animal even
though you can't eat it yourself but you
are allowed to swap it out for things
that could be used to buy food but a
safer Torah has even when you sell it
that you're not allowed to sell it to
acquire money to buy food so even though
the mission talks about a
it still has to tell us that the kind
could buy a safer Torah that's the okay
next topic let's discuss
and
they were there was a Levite
he would
the
kids were being taken to a kind of the
kids were the ones were taking the kind
so this lady would go ahead and taking
candy from a baby kind of thing he would
take these from these kids also they
were they told about this so
said
it's not enough for the lady that we
don't take from him that he's from
giving
to give to the kind of
money he also takes it from others now
this that kind of said
that
we don't take from him that sounds a lot
like that when a lady an animal could
make him give these to a kind but
chooses not to and to that asks what
does actually hold
if are
which is what the Torah says is muchayev
in matanos, so mishkol nami lishkol
minayu, then we should make him give the
matanos. And ilay ikru am, if he's not
b'chlal am, so rachmana patranu. So, why
is Rav saying it's not enough that we're
not michayev him? I mean, that either
he's muchayev or he's not muchayev. It's
not what we're doing at all. Which the
Gemara answers, "Misafkalei e ikru am
ilay ikru am." It's a shaila in choshen
mishpat. We don't know whether or not
he's muchayev to give it. We don't know
if he's b'chlal am. So, we have a klal
of hamaitzi mechavero al av raya, so
we're not going to force him to give it.
>> But, one could think about the fact that
sure, it's hamaitzi mechavero al av
raya, but isn't there a safek mitzvah
component that we should say safek
d'oraisa l'chumra? Rav Shimon Shkop in
Sha'arei of the Sha'arei Yashar
discusses this as an example of perhaps
when something is kind of defined by its
muman, even though there is a safek
mitzvah, you go basar the muman when you
deal with it in Hilchos Sfeikos. But,
this could also be part of Rav's point.
It's not enough that we choose not to
employ the safek d'oraisa l'chumra
because we're going to go basar the
safek muman to say hamaitzi mechavero al
av raya. For example, the Gemara, Yosef
bar Papa bar Kamra lo lo ashmeis. Rav
Papa of teaching this that Rav was
masupak if Levi'im are b'chlal am. Azei
ver vidibarei Rav Papa, the braisa says,
"Arba matanos aniyim sheb'kerem, there
are four different matanos aniyim in a
kerem in a vineyard. There's a peret,
v'ha'oleles, a shichcha, v'afe'a.
Dishalosh sheb't'vu'a, and there are
three different matanos aniyim l'gabei
grains. That's teruma, challa, a
shichcha, v'afe'a. Shnayim sheb'ilan,
there's two by trees. A shichcha
v'afe'a. And kulan in b'heim ta'avis an
al haba'alim, in all of them you can't
choose who you want to give it to. You
just have to leave it. V'afilu aniyim
sheb'Yisrael meitzi'in b'yadei, and
we're going to be michayev ba'alei batim
to give these matanos aniyim even from
other aniyim. Aniyim themselves have to
give these matanos. But, ma'aser aniyim
mishchalek b'seif bayis ay, that yeish
bo ta'avis an al haba'alim, he has the
choice of who he wants to give it to. He
can pick his next door neighbor the ani
if he wants to give it to him. He has
that ta'avis an ay. V'afilu aniyim
sheb'Yisrael meitzi'in ay se miyadei.
V'sha'ar matanos kuna, and l'gabei the
other matanos kuna, k'go Yisrael ay
chayin v'keiva, ein meitzi'in ay se
l'meikayin l'kain, v'l'meileivi l'leivi.
And this, of course, is going to be the
important line that we're going to be
madayek from coming up. But, but the
braisa says we're not going to make the
cohen give a cohen or a levi to a levi."
So, before we get into the kasha, let's
first understand the muker for the
halachas in this brysa.
We know pe'ah is going to apply to a
karem because we learn it from zayis
tree of zayis shava. And we know that
the zayis is chayiv to pe'ah dich seiv.
Which chazal understand to mean that you
can't take all of the olives from the
tree because you're supposed to leave
enough olives for the pe'ah of the
matnos aniyim. So, in regard to the
makaris for those halachas.
There are three lagabei grains, halacha,
turning over to maseches
Again, makaris. The brysa continues and
says
There are two lagabei a tree.
Don't take all of them. Don't take its
glory.
The kulan, the brysa continued and said
You can't decide which aniyim should
take the leket shichcha, etc. So, my
ta'ama Because that ziv seiv by the
Torah says you got to leave it. You
don't get to make the call who gets to
have it. Because as the saying goes, you
can pick your friends, but you can't
pick your aniyim.
Even poor people have to give this
matnos aniyim.
Even a poor person can't take from his
own matnos aniyim. He has to leave it
for the other aniyim.
Lagabei ma'aser ani, you can choose
which ani to give it to. You have the
say this enough. My time what's the
difference because in the scenic debate,
there's a special dinner by master only
of the scenic. So I can choose who I
want to give it to. Then the brightest
said by feel only should be a strong my
teen I say me all day the armor of a
law. How do you know that we're going to
make even a poor person give my son only
because of the law says we got some go
my law gear law gear may awesome. It's
there a shove off liquor to the gear and
by the gear which is regarding my son
only my law alone was running on July
that he can't take his own liquor of can
move around only on July that he can't
take his own my son only. And now we
finally come to the part of the
brightest that was really relevant to
our Sugya. The Shaya madness Kahuna
Kagoy in Israel
my Kiva and my teen I say let me call in
the coin but let me leave it the levy.
My Shima have me leave it the coin my
teen I say it sounds like the levy is
more clear to give my tenderness to a
coin. I'm my equal on vice dice a levy
is more clear in my tenderness and he is
the law of arm which the law says in the
skin riot because Kagoy in Israel the
law has riot. It's not talking about the
actual Israel Kiva talking about Kagoy
in Israel who my neon words are
referring to that's my son only. Cuz
yeah, the levy is more clear to give the
my son only to the coin. tomorrow what
are you talking about? My son only the
levy who? My son only is the levy's. It
can't mean that the my son only is being
given to the coin. If the Gamara could
have been in Azaria the Tanya cuz we
have a different price that says Truma
the coin of my son only in the levy.
That's different Rabbi Akiva which is
how we classically understand the law.
But Rabbi Elazar in Azaria I'm here of
the coin the my son only is allowed to
be also given to a coin. Now I'm here to
Omar Rabbi Elazar in Azaria of the coin
but the coin the levy me Omar. He didn't
say you give it to the coin to the
exclusion of a levy. He just says you
can also give it to the coin. So how can
you say the brightest saying you got to
give the my son only to a coin? To which
the Gamara says in that is the law
according to Rabbi Elazar because the
bus of the coin Ezra after Ezra made the
coin off cuz the levy didn't want to go
up for by a shiny from bubble. So the
coin army the levy don't get it anymore.
It only goes to the coin. But I'm here
to coin the levy of the new load. Ezra
is only saying that the levy shouldn't
get my son only. But Mish coming now me
Omar. Do you ever see that we're going
to take the my son only from them? You
don't see that. Elek in Israel of the
laser. What do we mean when we say Kagoy
in Israel? That's who my neon that's
racist I guess. That's going to be the
whole next paragraph that we're going to
learn about that is certainly the of a
levy to give to a coyote. All right,
bring another right whether or not are
to give my son and ice because that
cloud the prices says this is the rule
called
anything that is to a coyote to miss my
server
me Adam. We're going to take it from the
levy but hold on and I beg to share as
well as
which is
a nice
me Adam. We're not going to take it from
the levy. So what do you see from this
that are not
to give
to because they're in the smack from
the cash goes back to Rob. Why was he
which is going to be the next one my
name is my
name is the Ezra. All right, so we're
getting to the same punchline with a
different
touch my spring a riot from the mission
coming up that
if the shooting for a or for a guy there
is no
but
maybe you guys
are right that you guys are not like him
and don't be calling me a levy. That's
the wrong
to make
you should say holy hi doctor Israel's
practice of a levy might what's going to
be the by a levy Potter you listen to
the mission should have listed it as
a levy
but
also we have a price that says the
but the levy Israel
so you have to derive this is for sure
that you see a levy is going to be a
more you know what would say tonight he
the whole thing is tonight that the
price of says. I have a video of the God
of all for his part on Yom Kippur the
mission says that my name is my name is
the part of the timer and
I had it all my
commercial those are all going to deal
with the of those respective you have
a
coyote is my name is
a Israel and you have a
that's the price of the time you have
another price that says you have a lot
of we have two prices that don't seem to
drive with each other so my love
the master of
the tunnel of that second price of all
of them. Levi'im are considered Am, and
therefore they're b'chlal already Yikha
Per. But Omar Shavar Lo Ikru Am, and
therefore he had freed up Yikha Per for
the Avadim. So, you see it's a Machlokes
Tanna'im. Then practically the Gemara,
if you're telling me it's a Machlokes
Tanna'im, so who did Rav hold like? The
Rav is very like a high Tanna Lema. He
is very like a high Tanna Lema. He
should say who he holds like. To which
the Gemara says that's gufu what Rav was
masubik about masafka like a Tanna or
Ikai Tanna. He didn't know who to hold
like, and that was his safek, and that's
why we went with the Machlokes Tanna'im.
of Arayah for the Levi. And we're going
to stop here and pick it up with Darsh
Ramar for tomorrow.