Chullin Daf 139

All right, lamid test as we begin the final per of the pericil. I'm pronouncing it shaloh as opposed to the way I pronounced it my whole life. I remember one time when my father-in-law took me to Revid Con and I asked the Mashila about the potential opportunity to be Mim Shiloh and he said no it's Shiloh and Rabbi Gross discusses it over here as well because really the Pik says because that's because it's that the two words are next to each other. It's but the mitzvah is still going to be okay in and outside of both before and after the As we'll talk about more in the garra, there is no there's a in the sense that is both whether or not it's as we'll learn a lot more about whether or not it's captured or controlled or in your however we're going to define misum that there is no mitzvah if it's your pet and it's misum because as opposed to ain't And let's define that paradise. These kinds of wild birds that are nesting in the paradise in the orchard. As Rashi says, they left the house. They ain't coming back home. And they became wild. And Rashi gives us an important line here. They could escape. So they're not being controlled and therefore they're considered. These more domesticated style birds are going to be Rashi says they are raised in homes. So they will be from a non-cusser bird is going to be from but additionally a not kusher bird sitting on kosher eggs or the or a kusher bird on a non-cosher nest you're also and lastly zer this particular bird called a ky tached as a partridge where the nature of it is specifically to sit on the eggs of other birds as We'll learn more about in the Gumarish all these that we've had in these at the end here explain the mitzvah that is in question was both in Israel and outside of that was not really necessary to tell us in the first place because we know that all mitzvah that are not are going to be in and outside of Israel. So that's always because as you remember from Shab where there's a there because the T of Mishna said in and outside and it's brought that way also that there is no mitzvah outside that's always we know it's going to be that of is The whole context of that would make sense comes the mission in the beginning of says that even when there's no bas and there's no carbonus there still will be and both and say there's a there because of course it's going to just because the animal became that's a reason to be of no there's no reason for that and therefore is but the other ones we need to know it's didn't we say the mission about iska talking about and therefore there is a that even in the of the way Rashi explains this is that even though there's a general cl of but there's a in saying though we'll be in despite the fact that it's already and for the time why did the Mishna need to even say it was in the first place it's because we had a mission shouldn't have said the whole because it was posit so so why when we were saying it beforehand that we weren't saying it's also so it must be that the Tana was telling us the of where it was and therefore he also said it even and therefore you can't be mad Okay. The mission then tells the mid of my why is there no the Tyra is talking about a mitzvah where to send it away but that's you have another instruction by which is to take it to the B mikdash. So the Tyra can't be talking about something that is hegdish to which Omar says if that's the case let's say you have this very dangerous murderous bird and it kills a person and therefore it needs to now be killed by Bezdon and it has now subsequently escaped and now we discover Aillaa the hen sitting on its nest. Becausedon this murderous bird that you've now found you can't do with it because the terror says you got to do as opposed to the other instruction which is to have it executed. So what's the case that ra is talking about if already this bird had its day in court and it's already been decided that it is Misa moving over to then barku then that bird is already misa and the way rashi understands this kasha is how could it have practically escaped it was already misa thevah is totally not phased by that and says well kasha let's say escaped and the way the ritzvah understands the garam's kasha is that now it's user bahan and therefore you can't be mim the mitzvah with it goard we must be talking about or at least ravine is talking about a case where this murderous bird has not yet had its day in court it has not yet been decided that it's now you have a mitzvah to bring it to be where there's a mitzvah for us to bring those who are to bring them to what's the case of these birds that the mission is telling us your I mean how did you ever get this if you took birds that you had in your house and you can't take the birds that were in your house that You were theoretically able to be Maktish. And now tell me you're putter. You were already putter because they were already in your house. It must be that you saw it outside and it was potentially and I was how were you able to in such a case? It has to be just for the mechanics of making it in the first place. Shinu the mission must be talking about where you picked up these Ephraim outside and therefore you're them with and you were immediately mish them and then you put them right back down and Rash explains the mother bird wasn't there. So the is when the mother bird gets back since these were already you just made them heish you're now going to be putter but in such a case even if they would be that would still be as the mission is going to soon tell us if you take these birds and you put them back into the nest. So in such a scenario where you picked up the birds you even if you weren't macked the just by picking up the birds you right away have ruined the opportunity to do the mitzvah when the mother bird returns. Okay. Must be the mission is talking about a case where you picked up the mother bird. Your makdish the mother bird and then you put that mother bird back into the cane. Well, that's also not going to work because of because you were first beforehand and therefore being is not going to somehow be your I'm reading this carefully because is a little unclear. At what point did you become in the rash's lion over here is Rashy's first word over here. When you find the nest is when you're that my friends is very important because there is a classic shain when do you become only if you want the eggs when you just stumble across it. famous chuva of the kavaser that's probably going to come up a couple times in this per inim that a person is in independent of everything else just that's kind of how rashi sounds doesn't learn that way and of course you're only once you actually pick it upon the gar is asking that as soon as you have this mat of the fact that you're not going to somehow be mafia that as the says if first you're an animal and then But then the fact that you were afterwards does not absolve you of your of and in the same way the fact that you are being mish this mother bird is not going to somehow absolve you of your fort we're talking about if you're mish these little where you're mish the product of the shy as some sort of carbonado and then they were maru and they escaped and they went someplace else. So therefore, you're able to mish these little birds, but once they escaped, they're no longer considered misum and therefore they're going to be and raising about someone who's mish not the actual because as we're going to soon see in the gam's talking about and not and they would have to be very young little birds that you didn't do it for the country but rather just for now we'll break this down. I get that why we were talking about the whole tour of talking about my time. Why was trying to limit the Mishna to only talking about what's wrong with which is certainly broader? It has to be the only since they had their going to have the from but like that's saying that the heish here in question is about it doesn't have the but yet it's only once it rebelss and and leaves which is the case we're talking about. So according to you zakra if you're only and then it's it will become no longer. Now why is it no longer hegish? Because things lose their ownership if they can't be controlled including hegish. So if it's going to be very important top tis over here even regular animals of that can't be controlled and says that's the over here that since it's mored it's going to be heer. So if I have a dog that I simply cannot keep on the leash and it just bolts away from me all the time and someone else can control it, it's going to be theirs. It's not mine. And this is in general. We have the garis and baba basra about the barrels of honey that are leaking and someone else comes and can cop it up. They're kind because if you can't control your own product, you don't get to have it. The other person who could control it can have it. And just to expand on this a little bit more, this is part of a I believe in general kenyanim that the purpose of a kenyan is not so much that I should have yakas to something. Let me explain. when I pick up a pen in Russia that's heker why do I need to be kind to it I can write with this pen I can use this pen what's the point in my whole kenyan the and the answer of course is the reason why a kenyan is significant when you pick up this pen in rush ra is because I don't want my neighbor to take it from me but the histamus was there beforehand so the whole tlas of a kenyan or ownership really is cel the whole point of my kenyan is so that you can't take it from me and therefore only in as much that I can make it practically mine and not yours it's mine It's kind of a deep idea. But if I can't be massal like you, it's a concern in my ownership because that's kind of the whole point of ownership in the first place. The P in the beginning of precious Vikra that says Odumak and Rashi brings that in the same way Odum Harishin never brought from Gazel because Hak shalo. So too we're not allowed to bring from Gazel and the question is did Odarishian run around and make a Kenyan on everything in the whole world. So you could learn that Hashem was mak everything to him. But you could even say better the whole point of a kenyan is a seal look from Yenim. What if there is no yenim? Because is literally the only one in the whole world. So everything by definition becomes his cuz that's the whole point of Kenyan. There's a rashi andaf I believe in ba mitsia when the Mishna says about kenyan dalamus. So how do we understand when something is in your daladamis it becomes yours but rashi's lion on the mission over there is very interesting that the way the kazal structured the tak of kenyan is that that's rash's lion. I think I saw this in the base iron over there in Bitsia that if there's a dare he in your daladamis no one else can take it that is the takana of dalamus because if no one else can take it becomes yours this could be the understanding of why is because if I can't practically use something I can't be maleic you I have no authority of control over it so it's no longer mine anyway that seems to be the Tyus is telling us over here that things that you can't control I can't actively be mealic you and therefore it's no longer mine so that could be the over here in Tyus Ty is saying if you can't control something it's no longer yours. So I'm just suggesting there's a deeper level here that if I can't control it, I can't be massic the other person which is the whole point of a Kenyon and therefore the Kenyan definitionally kind of fades away. But anyway, that's the reason why Rabu Zets in our case of Armisha by Kaducas Msbayak and not kaducious because kaducious which is a monetary kind of an ownership would go away once the is so what's the rationale formul to argue wherever it is it's still Hashem's to defend this kind of an idea that saying that that's the case of our Mishna And therefore even such a case of ting. So you see the is the same as but we also somebody says is going to be for and it gets lost or stolen to replace it. No you're not wherever it is it is. So now the Gar is posing this and they each seem to be saying the opposite that we just quoted. San Francisco had like because despite the fact that he was brother-in-law in but he was also a Talmud of therefore we could say after he heard he took that on as it depends on how you because if you said then the is on him but in zoo with dka on this particular or bird. Could it be that when you say you're not to replace that exact says says that what he see from the if you say you're to actually replace if something gets stolen or lost. So how come you're not going to be to replace if it gets stolen or lost that is only talking about you are not responsible to replace that exact thing the mission says if someone says this is an orb and then we lose those things however ever because it's on me. So I have to replace it and there because it's not in existence anymore. So I have to replace it because I have this obligation to go ahead and fulfill that. But let's say it's existing. I just can't get to it. So wherever it is it is everybody meaning everybody's mask and even if you said a lie you're not to replace it even if it was etc because my time because there's no other way to do it requires an expression how would you say it my without saying on me so who you talking about who's the one who has to take that so plain maybe you're saying about this other guy. So then who is it talking about? So it has to be a lie just structurally for the mitsus of an therefore in of itself doesn't indicate that I'm to replace it if it's let him say I am in my or so I didn't say the word but yet I'm still the also this is in the par of what's the telling And therefore turning over I might think the same thing by the as soon as you go ahead and this money for the it should becomeish and the one who's doing the is no longer for us that it stays and therefore it's still your to take care of it until it actually gets to the yad of the gizber and the bam mdish. So this Bryce is definitely connected that says you're not for it's okay. So this must be whatuna had said when said you're not not but you are we change what said is more than because limited only to things that are not misum what do we learn You got to send away the mother bird. You take the bon for yourself. So how would you read this pic? You'd think you have to go find a bird's nest to do this, which sounds a lot like the by the way. Tell him Lamer comes to Ty and says when you chance upon it, when you happen to find one as in even if it's only one egg or one little which tells us in front of you that's means he found it. How do you know that there's also a mitzvah? If you find the bird's nest in a tree, how do you know that you're going to be even in these kinds of things in the sistns and pits etc. Now once bottom line all of these different nests are all what's it coming to include just like by that the nest is not in your hand meaning it's not ready for you just any other kind of opportunity that's not in your hand meaning readily available to do so so these kinds of doves or birds that are inside these bis these towers or the geese and hens that nested in the orchard are all and therefore it's or from are all going to be because they're now it has to be so why do I need to have such a it's not in your And I should know it already from the fact that it's lefy. Why does F be in front of you? What's the extra from there? Because it was once but then afterwards it got out. And likewise, if you find I guess a floating nest on the water, Rashi suggests it was actually so it's on a tree still, but the tree is on the water. You're telling me if it's called a derek and we know that the sky can be called a because you can have so anything that's called including the shay which is called says but no it's not true because derri but it's not really called a derk if you're in the air which incidentally is the basis for the rugged vert that you don't have to say to fill when you're in an airplane because it's not a derk when you're in the air as based on the scamar the other are not masim but that's a famous rugver that has to be mentioned let's say you find a nest on the head of a person what's going to be now who in the world is going to have a nest on top of their head well if you take a look at the sim it talks about the people from in India who would sequester themselves away from all of civilization and they would sit there and have [clears throat] dirt nests on their head which accumulated and you could potentially have a case of on a person's head. So what's going to be so Omar said back it's considered like part of the ground and now the papuno ask where is there remainu before the tyra reports his birth where do we find him in the tray of masna bosar and the gatri of bashagum which is 345 is the same as moa and now a classic gmorra hmony n how do you have a rem h of masna hino par's boracious estramin says hast And lastly, as part of the list of ingredients of the shear, this is where we're going to call it. And we'll see you next time.