Chullin Daf 134

All right, Daf Koof-Lamed-Daled. Today we get to finish this perek. But before that, we need to pick it up with the Gemara five lines from the bottom of Koof-Lamed-Gimmel-Lamed-Beis, Zei Boi Lehu. Ha'raish Shel Chav A'kula Sh'lei. Let's say a Kohen says to the Yisrael that the head of the animal is going to be yours, but the rest of the animal will be mine. So, Mahu? What's the halacha? B'sar Chi'yuva Azlinan? Do we go b'sar the part that's muchuyav, which is the head, which has the lechi in it? D'chi'yuva Gavai Yisrael, and therefore that chi'yuv d'kapaart is now owned by the Yisrael. So, when the Yisrael shechts the animal and the chi'yuv is chal, he now has to give that lechi to the Kohen. Eidum B'sar E'krav E'heima Azlinan? D'E'krav E'heima D'Kohenu, because the main body of the animal is takah Kohen's property, and therefore the Yisrael should be patur from giving the lechayaim. So, Tushma D'Gemara was to bring a raya that Eidum Kohen She'Maser Tzanum L'Yisrael L'Gazeiz. Let's say a Kohen and a give over their sheep to a Yisrael to do the shearing. So, the halacha is patur. That Yisrael is patur from the chi'yuv to do the reishis ha'gez. And that's pashet because the Kohen or the owns the whole animal. Now, Halachah Gaz Tzanum She'Leiv Kohen. Let's say a Yisrael just buys the wool from the Goy's flock before it's shorn. Halacha is patur from reishis ha'gez. Even though the Yisrael owned this wool when the chi'yuv should have been chal, meaning at the time of the shearing. But he's patur because the owns the body of the animal. V'zeh E'krav Yisrael E'chayav E'keiva Yishum Reishis Ha'gez Is Takah Chil. Because if a or a Kohen would sell Yisrael E'chayav E'keiva of a living animal to a Yisrael and keep the rest of the animal, the Yisrael would be chayav to give the matanos to the Kohen. Even though the majority of the animal is still owned by the mocher. So, Shma Mina B'sar Chi'yuva Azlinan? Shma Mina. So, what did the Gemara say? The Mishnah had said, "Im Amar L'Chutz Min Ha'Matanos." If the Kohen who is selling to the Yisrael says, "I'm selling you the whole animal except chutz from the matanos." Halacha is patur from the matanos. Moving over to Mem Aleph, Frak D'Gemara V'Ramenu. We have a braisa that says, "Al Manas She'Matanos She'Lei." Let's say a Kohen tells the Yisrael, "I'm selling you this animal, but al manas that I get to keep the matanos." So, the halacha is nice and l'chol Kohen She'Yirtzeh. The lekeach, this Yisrael can still have the tayvus hana'ah to pick whichever Kohen he wants to give the matanos to. Even though there was a t'nai that he has to give it to the Kohen. So, what do you see from this braisa? That he's still muchuyav in the matanos. How does it get an omission that says the Israel in a very similar situation is going to put her from the matanos? To which the Gamara says, you're telling me a stira between a case of al menas and a case of chutz? Al menas and chutz come from this. Chutz is a shiura. The definition of chutz is means I'm not selling this part and therefore the matanos remain the moment of the coin and don't ever have a chiyuv to give them. But al menas love shiura. Al menas meaning the tenai is external. The whole sale is taking place, but there's an external al menas, a tenai, and since that tenai is not going to be binding, the Israel still has a mitzvah to do the matanos, but he can give it to any coin he wants to give it to. The top ten is important over here because even though the Gamara is my between the chutz and al menas, but by the al menas, why shouldn't there be a mekach batal? Remember the lekach doesn't get what he wants. And now we're saying that the Israel can just give the matanos to any coin he wants. That wasn't the terms of the deal and there should be a mekach batal. So ten gives two roots. In the first ten it says that that was the that they made a tenai and that the mekach should not be batal. But the second ten of ten says, no, this is masno but ten because the ten says you can give any coin you want. So by trying to limit the of the matanos to one particular coin, that's like masno and therefore the ten batal the mice is coin. It's to be mad the ten in on where the over there was masno but ten about a person who's getting married without a. You can't make such a ten because it's masno but ten. For ten you have but there shouldn't be a marriage because I don't have that to get married in such a case. To which ten over there says his that really ten should never work because the dibur mice. just because I decided to make a ten should never stop a mice from actually happening. No, the ten works. So since ten is a it remains external and therefore the mice is always going to still be coin. But for the Gamara we have a different braiser that says al menas shall leave al menas shall leave. So you see that al menas does seem to be an exclusion of the sales. And hopefully mice of al menas is and al menas is it's in these braisers about whether or not al menas would actually be a sheer like a hood. Then the Mishnah said, "Amor Machali Mayaha." Then if a guy tells the butcher who's selling the meat to sell me the bene Mayaha, that the cave is inside there, so the lakeh knows that he has to give that cave to the cohen. So he can't go back and say, "Hey, I want my money back for that amount." He's achray for that part. But Amor Rav Leshono Ela Shishak L'atzmi, the macher, the butcher is only going to be off the hook when the lakeh was shishak l'atzmi, when he weighed those kishkes himself. Aval Shishak L'atabach, but let's say the butcher did the weighing. So I didn't my tabach. So now now the cohen can go mug on the money from the butcher himself. And there's basically two sources he can go to the lakeh Yisrael or to the butcher macher. And there are now two addresses to be teveyah. But Rav Assi Amar Af Ilu Shishak L'atabach, even if the butcher did the weighing, haddin imai, the cohen can only go to the lakeh. So Leima B'drov Chisda Kamifligi, maybe the issue of this machlokes between Rav and Rav Assi is whether or not they hold of Rav Chisda. Was it Chisda? So now we're going to bring up Chisda's din, which even though it's a totally different sugiyah, but it does speak to the idea of having two addresses for the payment. Di Amar Rav Chisda Gozel Lo In Nislach Ela Im Yishalem L'acharei Aval, and somebody else came and ate that which the gozel stole. So the halacha is, Rotzei Mizei Geiva and Rotzei Mizei Geiva. The nigzal can now go to either the first gozel or the guy who did the achila. So D'mar Is Leidro Rav Chisda, I'll say that Rav holds of Rav Chisda and therefore there's two addresses. U'mar Leis Leidro Rav Chisda, but Rav Assi argues with Rav Chisda in normal two addresses. But the Gur Aryeh says it's not true. That's not necessarily their machlokes because the Kul Yama Islu D'rov Chisda, everybody's maskim to Rav Chisda that in that case Rotzei Mizei Geiva Rotzei Mizei Geiva. But V'hacha B'matnas Kohanim Nigzales Kamifligi. The machlokes here is whether or not can there be a gezela by matnas Kohanim. D'mar Savor Ein Nigzales, U'mar Savor Ein Nigzales. Rav holds you can't steal them, Rav Assi holds you can't. And what's the issue whether or not you can steal matnas Kohanim? We know that karka isn't nigzal cuz we can imagine that the karka is immovable. It's just where it is, so you can't actually steal it. And aval dam aren't nigzales cuz they're chooks l'karka. But what's the idea of matnas Kohanim not being able to be stolen? Because according to Rav Assi, since the matanais are mishuchan gav k'zachu, so they were really always the Kohanim's property. So, therefore, there's no real gezela cuz all you're doing is relocating that which was theirs. It's never really changing reshus. And the way the Staipler in Siman Lamed Vav makes the chakira is whether or not is it always muman Kohanim or maybe it's only hefker to the Kohanim. And there is this kind of mitan dika stage before the Kohanim take full control over it. And you can mastin lo hashmaita b'nei Adam. There are some that don't make the same machlokes from our Mishna but just minae obey that Rav Amar Matnas Kohanim Negzeles and Ravasi Amar Matnas Kohanim Ein Negzeles. Zog the Mishna, gershan is gayer. Let's say you have a gayer that is megayer. Heard Rav Razna point out, why is it called a gershan is gayer? Why isn't it a goyish is gayer? And he said over from somebody Muser that anybody who actually goes through with a gayerus, there was epis something in that goy's life that gave him that destiny that he was going to be a gayer. So, you can always say it retroactively. But once he is megayer, he's that gershan is gayer. Yivalt. Anyway, the gershan is gayer b'cheil alai para and he had a cow when he was a So, it all depends on when it was g'shachtin. Nishkat actually in this gayer if the sh'chita before his gayerus then he'll be patur because at that point it was the goyish sh'chita. Mishe Nisgayer though, he'll be chayiv. But safek, let's say I don't know whether or not it was Jew owned at the time of the sh'chita, patur because shamayti b'chaveirai al of haraya. Zog the Gemara, ki oso of Dimi Amar, Rummy lei Rebbi Shimon ben Lakish l'Rebbi Yochanan. Reish Lakish posed the following stira. Rebbi Yochanan, k'tzinan, we learned in our Mishna that safek patur. Al masfeika l'kula. That safek matnas Kohanim is a kula and therefore it's a maytzi b'chaveirai al of haraya. I have a minhu but I have a kasha from matnas aniyim in Maseches Peah in the fourth perek that churei hanimolim b'secha kama, let's say you have pieces of grain that you find in the ant holes. Harei eilu shel baal habayis. We don't assume that they are leket but rather the baal habayis can keep it. Ushul acher hakaitzrim, but any grain that's found in the churei hanimolim shel al hayainim v'ladim, the upper ones are going to belong to the aniyim v'tachtonim shel baal habayis. Because if they're at the top we're going to assume it's the aniyim cuz they presumably fell in there as leket at the time of the harvest. But the lower part we'll give it to the baal habayis cuz it was there beforehand. That's what the ants put it there beforehand. But Rebbi Meir Amar kol aniyim. Shel safek leket is leket. So here you have a mishnah where of mayor says a safec leket is going to have a din of leket. In which case since who is also a stum of the mishnah like our mishnah, why are we saying you should go and also make it into everything is back to I'll take me to don't hack me a chinik from a mishnah about leket. She because that's the because the price is mayor leket leket safec leket safec paya that's this of been agra's version of mayor. But our mishnah the stum of mayor doesn't necessarily subscribe to been agra's understanding of mayor about safec and but is I'll I it wouldn't even matter if you would learn this mishnah according to which been was a whose name was because he would say silly things. This may be the of the of a tattle tale. I'll let that sink in for a moment. But anyway it's not really a correct way to understand because it wouldn't matter anyway because there is a why the safec should go to the we still have to explain why our mishnah is not working out like this mishnah in and what's the that is talking about my which seems to imply that we're going to go in favor of the poor person. So my if you're saying that we're going to like the poor person that can't be because of the safec the we're not on favoritism just because they're poor. And we shall the you kind of lean in his favor when you don't know if you have to give that so a special if something you give it to the so so too there should be the same with but the safec because we're kind of assuming that the is part of that since the doesn't own his own land in Israel and he kind of relies on to survive. So back to our why in our mishnah when you have a safec do we say you have to give it to the cohen. In our mishnah, there's a chazakas ptur because the guy was a so we don't have a chiyuv b'chlal of matanos. But kama, by the case of the grain in the mishnah in pe'ah, the chazakas chiyuv kama. So what we're saying we're basically applying our chazaka d'meikara over here, making the chiluk between this mishnah and the mishnah in pe'ah. Now at this point I should reference the very important ran in nedarim on daf zayin, over there by the sugiyah of yada'is, where the ran does a sikum at the end of the halacha of yesh yad l'zeh, yesh yad l'zeh, and there's a question about yesh yad l'tzdaka, where the ran brings from his rabbanim, the ramban, the rashba, that because it's d'nei ba'alei eish that we have to go l'chumra because of the safek d'oraisa l'chumra. However, the ran himself says it's not true because it's safek mumon, and safek mumon is l'kula as evidenced by the sugiyah in zera'im v'keva on daf kuf lamed daled. The ran brings a raya from our sugiyah that the way we view safek matnas ani'im is safek mumon, not safek issur. It's obviously a very important machlokes rishonim. All right, back to the gemara. So Rava is making a chiluk between our mishnah that has a chazakas ptur and the mishnah in pe'ah that has a chazakas chiyuv kama. Amarleih Abaye, b'hadai issa, what about the similar kind of a case in the third perek of maseches chala about an issa that na'asasa acharei nisgayer, if the dough was made before the guy was nisgayer, similar, potrinan chala. But mishan nisgayer, you'll be chayav. And safek, you'll be chayav. So why would Rava say that the chazakas ptur would be enough to not have to give it? You also have the chazakas ptur by the safek chala, yet the mishnah in chala says you're chayav. So amarleih Rav back to Abaye, safek issur l'chumra, over safek mumon is l'kula. Because of the safek issur of chala, that's why it's going to be l'chumra. But by matanos, which is purely mumon, you will be poter. D'omer chizvei chintorei d'vei chiyya, shmona sfeikos namru b'giyur. There are eight sfeikos l'gabei giyurim. Arba is l'chiyuv and v'arba is l'ptur. And what are the cases that are l'chiyuv? Number one is korban ishtei, when it's safek if she had a layda when she was still not before or after she became a giyores. Or v'chala, or b'char beheima t'me'a, b'char chamor, or u'v'char beheima t'hora. All those will be l'chiyuv. Turning over to me base. However, reishis hagazel v'matanos, the pinyan of Ben opinion better come out. Those will all be lip tour cuz there's no issue and it's only a Diddy mommies and if I don't always be the cooler and I might be my favorite of a riot. He also wrote in a more different version of this but had nothing to do with our mission. Come out a comma Romeo lay for Sherlock is was making a steer between mission and pay and a price that also is talking about a comma and apparently got to the same result but it wasn't because of our mission. Lady Zara Bukisha lady actually was planting his grain in the location of Kish below how you a name the Mishkolaket but there were no a name to take the leket that his field had produced. So also come out of shades he came to shades his number later shades told him the only way to get the basin the layover but not for the Ravens the layover at all a theme or for the bats. In other words, if the poor don't show up you have to move to leave the leket out there you can just take it for yourself. There is an interesting issue here to point out that the shades just live in Bovel which is now mash up from this Gamora that there is a here of leket outside of our sister man since maybe it was only here of the rabbinate will be more make over there and I might be not this man is anyway even in our sister we're not make it which you can pay us and cuz either game will take it or as the Hazen each rights that's not what a name would be collecting. If a name is hungry he's not coming and taking raw grain from your field. He's coming for a check. So since that's the way it's done cuz done today the leket chicken pay will not have its huge anymore because my name is I just said told lady that he can just have this himself because he's not to leave it out there if the name aren't coming. So Mason Bay the prices says in maybe in trauma let me go in the ear for a name in my belly show. You don't have to bring your trauma from the guy in to the guy in in the city or from a mid bar to a guy in rather the guy in should go to the guy in and get the trauma himself. The main show kind of there's no kind to come and take the trauma say for my view you got to rent a cow and bring it and they have to trauma. The price is very clear that if there's no kind taking the trauma you still have to be my first the trauma from the crop and hold it until the kind will eventually take it. So for after the Gamora the same thing should be by the leket. Lady should have to store this until a name shows up. And the Gamora very obvious terror it's shiny trauma to Tavola. Trauma is Tavola for the saga the lay my first love and therefore there's no answer but to be my first ship. But there's no Tavola by the case of the leket. I have a hurry my tone nice. What about my tone nice the lay Tavola? There's no Tavola as we keep saying by the matanas. The animals still yet a place where the people have the to pour the boiling water on the limbs of the in order to be able to burn off the hair and then they would eat the like that. You know what a skin is ready before you give it to the and I'll have to and then the animals saying around to collect these you have to set aside the money and then you're going to eat these parts of the animal have to say in because otherwise if you don't separate the money there going to be a loss to the and what do you see even by which there isn't any still the is to separate them until somebody shows up to take the money which is shining in the next and therefore there's a special in the to eventually give it to a even if no one is going to happen right away. This is of course to the about whether or not there's a even if there is no is a person still have a independent of the receiving end so now the realizes I should true the same I can say the same thing by it's a because of the is the same Okay then what do I need the extra because it says twice in the shouldn't that come to tell us that you have to hold on to it until a poor person shows up to which the we're learning from another we have to let's say someone's in the morning he got up early picked the fruit in the morning he got up early picked the fruit but because now you're being kind of from so you'll be from but you'll be in the that's what we're going to learn from the so the who didn't the also there was this bag of that was brought to the called him the and he said we we see by the you're supposed to do in the but the shouldn't take it for himself and the understanding is that if that's what the is by even when there's a donation and being given for you shouldn't just take it for yourself you should wait for the and the said he was helping on behalf of the or the is the says she got to me the kind of good should be more good in beauty wisdom and his a camera minute let's say if the coin doesn't have any wealth my God I said that the other ones raise him up by giving him their own money tell me coin God Michelle they should pop him up as needed the last mission is there was real let's define what is this way we keep talking about Parish at calf shall yacht. It's the front four leg on that part of the leg who shall Nazir and that's also the same four leg of the carbon that the Nazir brings regular shake and when we talk about carbon it's that hind leg in the same way when we talk about that the shake shake shall save shall regular the regular is the joint between the two upper bones is the knee joint and according to we're including only that middle section the tibia and lastly is a lucky what is the lucky what's the jaw that we're talking about that's Parish at Pica shall gargaris it's from the joint of the jaw to the top of the trachea and I want to ask that it's the right four leg at the Israel and all the smile tell me the Israel my how do we see that means the right one could over your a close or should need to get an usher of the York so that hey is how many humans should be York the most which is the right one is real how many humans should be real so it's the right side the higher I am my also what's the higher of the higher I am the higher summer Parish some it's including the wool on the heads of these question the question the and the hair of the chinny chin chin of these goats the cable of my also what's the higher cable the higher cable the the should be cable it's the higher of fat on top of the cable on top of that stomach and the milk within it the higher of the issue the higher of the boy in your feet we give it with the extra meaning with the higher of the one in the by which means they didn't take it from the by in the first place time I did not that the higher were not hug be more generous but holy no hug would it do who really it was theirs they had a so the Torah was including these extra amounts with the cave. Darsh Amora's how you I'm rim these Darshanam would say that has raised can I get a yard is right is can I get that hand of that yard of pin kiss that with his can I is he was like it have this can I get him the hand who I am I got be a day will I can I get it's feel like can I get pin kisses to feel like I knew I am I pin kiss via fellow and cave he must know it's a reference to the more literal meaning the hand who I am I say I shall I cover sir because that's what happened in the story because the right mark went through both the issue and the issue on that area of their cave. The time there's a time that learns it from here that the right Sheikh carbon only a lot Sheikh I am in Israel could ask me nine. How do I know that the other four leg the muscle by the carbon Nazir has to also be the right one time of labor trauma. So that extra word tells it has to be the right one. Israel how do I know that Israel of a animal shall also be the right one time of labor too which is a reference to the matter how we see that that should also now be the right one. The mission what is the lucky what's the job in a pair of a picker shall get get rest the attorney the price of says that tells a base that's not just the top of the trachea but it's the whole base of which is the more and it's going to get our mission kosher or a bottom or a bikini thickness because the attorney the price of says my grandma's we learned about how grandma when you cut on an angle it's going to pass all the so hey Ruby thickness on my grandma's he had a case of a grandma that was still going to be kosher. So you have two different definitions of what's considered that top of the windpipe above this to boss on the trachea. So according to the price of says base of that could be going to be near who holds it is still going to be kosher but the mission of it doesn't call base of is cuz the whole is going to be possible that point or by a similar bottom my email when the price of says email meaning the base of email the behavior means with the animal but in the base of is not going to be given to the client but stays with the animal. And with that, Rabbi Siyach Hadranan Siyum, am and now we get to start the 11th perek of Rosh Hashanah tomorrow. I'll do my best to record both dafim of Rosh Hashanah and post them before Yom Tov. But since this is Friday's daf, it's still fair for me to right now wish everybody a K'tiva V'Chatima Tova and a good K'visha Tova and we'll see you next time.