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Jewish Hunters
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Auto-generated transcript. Not time-synced to the video.
We're going through the
early dafin of the second perek of the
second school and which deals about
even
and obviously a lot of but even
just has it over all the things we saw
already in these first two dafin. And by
the way, we haven't seen anything yet
just in terms of what's coming in the
next few dafin. This is like the real
lamdish
are right around the corner. But the
point is that we're going through the
ideas of shrita. I think it's good I
have to speak out to others
generally as it relates to the idea of
shrita.
The first
in what's arguably
for sure in the conversation the most
famous
in chuvus made to be Yehuda.
And this is a madura tanyana. It's in
Yoreh De'ah simanyut.
The Noda B'Yehuda was asked a shaila.
The shoyel of the shaila, by the way,
his name was Gumpricht Oppenheim. That
was his name. Gumpricht Oppenheim.
Doesn't sound like a polisher. But his
name was Gumpricht Oppenheim. And he
sends the Noda B'Yehuda the following
question. We'll just read the opening
paragraph. Mikhtav kibalti. Noda
B'Yehuda writes to my received your
letter. The in einenu makiro v'lo yodanu
lei. Despite the fact that I don't know
you, akh asher bo lishol she'iltah,
meaning that you came to ask a question
and I could tell from your letter that
you're an intelligent person, hineni
meishiv l'chol shoyel. When I receive
letters like this, I try to respond.
V'shoyel she'eilah zeh This was the
toichen of the shaila. Ish echad asher
zikahu Hashem b'nachalah
There was a person that Hakadosh Baruch
Hu blessed him with a nachalah
v'yeish lo kfarim v'ya'aros. This person
owns villages, he owns forests, asher
ba'ya'aros and in his forests tirmos kol
chai ya'ar. All the different animals of
the animal kingdom roam there. Im mutar
and this Gumpricht Oppenheim wants to
know if it's mutar
>> So this person is a very very wealthy
person. He's a very impressive person.
He actually refers to him as a
Right? So he's a
guy.
And he is
someone that for sport, for game, wants
to go hunting. And he sent the shaila to
Rabbeinu Gershom the Elder and he wants
to know is it okay for him to hunt or is
it not okay for him to hunt? So Rabbeinu
Gershom wrote a response and he went
through three halakhic reasons why maybe
it wouldn't be okay. Number one, tsa'ar
ba'alei chayim. Is this a Is this a
tsa'ar ba'alei chayim shaila or is it
not tsa'ar ba'alei chayim? Number two,
bal tashchit. You're killing an animal
for nothing. Maybe that's not something
you're allowed to do. Additionally,
Rabbeinu Gershom tells him hunting is
very dangerous. And there's a halakha of
venishmartem me'od l'nafshoteichem. And
he says even though we find coolers in
venishmartem me'od l'nafshoteichem, but
that's if there's a real tzarah, for
parnassah for example. But for a person
to just go ahead and for fun put himself
in a situation where he may really
injure himself or get killed, there's
something called venishmartem me'od
l'nafshoteichem. So Rabbeinu Gershom
tells him that there's three halakhic
issues and he goes through each one of
them and
discusses you know, whether it's an
issue, whether it's not an issue. Now
we're going to get back to tsa'ar
ba'alei chayim in one second. The reason
this teshuvah is famous is because
Rabbeinu Gershom tells him that aside
for all the halakhic issues that I see
in this, the amna me'od ani tamei al
gufa d'avar. This whole Indian to me is
a very big kaddish. Because lo matzinu
ish tzayid. The only hunters that you
find in the Torah were Nimrod and Esau.
They ain't dark even Abraham, Isaac, or
Jacob. And it's not the way of a Jew to
go ahead and to hunt. In fact, he says,
I'm skipping a few lines.
Listen, this is a very not Jewish thing.
As a matter of fact, the only two Jews,
or the only two people THAT YOU FIND
THAT WERE ever hunters were Nimrod and
Esau. This is And the Derek Abraham is
talking about Jacob. I'll tell you a
double nifla. Reuven Margolis
in his Margolis Ayam in the Seder
Sanhedrin 38
he asks a kasha. In fact, he asks two
kashes. This is in perek chelek. This is
in Masachet Sanhedrin 27 and 11. The
over there is talking about the story of
David and Bathsheba and how the whole
story started.
A person should never bring himself to
an assayan.
Cuz David Israel once brought on an
assayan himself and he was nisha. What
happened? I'm on the phone with David
turned to Hashem.
Fascinating, right? David said
David cotton has a wax poetically.
>> [snorts]
>> about the novel of David Israel. Yeah,
David said, "I don't understand.
Why
not David? I'm
the one who told him
The way it is, they were tested and they
passed the test. You were never tested.
I'm on the phone with So David told the
Reuven Margolis,
I'm ready to be tested.
The only thing I say to you is that I'm
the one who told him
I'm going to test you, and I'm going to
do something with you that I didn't even
do with the office. only do that to you.
Then when I tested the office I didn't
give them a heads up. I didn't tell them
what's coming.
You I'm going to test you and I'm even
going to tell you what the test is going
to be.
David was lying in bed and then he woke
up. He couldn't sleep.
God help you. He went to the roof of the
castle. He
saw a woman who was bathing on top of
the guy.
Who was that guy? It was Bathsheba. So
when Bathsheba was being
she was doing it in a good way. She was
being covered by a There was a big
barrel that was blocking. Also the guy
came
and dressed up like a like a bird.
Here's the punchline. David was on his
roof.
And he sees a bird. He says perfect. He
takes that his bow and arrow and he
hunts it and he takes the shot. In the
meantime this is the
It went away. INSTEAD OF
ENDING UP
HEALING THE
AND BECAUSE
THIS THIS BARREL exploded all of a
sudden HE SAW BATHSHEBA AND the rest is
history. SO
TONIGHT
I SAID I NEVER FOUND A HUNTER OTHER THAN
NIMROD. DAVID
DAVID
WAS A HUNTER. IT WAS WHAT WAS HE DOING
HUNTING A BIRD? HE SEEMED AT FIRST HE
WAS HUNTING. Another
Sanhedrin
The
>> [snorts]
>> talking to David. He said
all of a sudden
this this so many of
all of a sudden
because of you
was killed. All of a sudden
loses his
You play a big role in that.
Because of you you have to be of it. I'm
giving you two choices. Either your
children are going to be never look
destroyed or you yourself are going to
be handed over to your enemy.
There's no question that's the better of
the two options. Says the Gamora one day
the
one day he went to the zoo. What does
that mean? If you take a look at Rashi,
he went lots of sight. He went hunting.
The something came
plus a girl.
I'm going to get this, right? He sees
him in the barrel of the gun and he goes
after the deer and I got some ice over
there.
>> [laughter]
>> It's not dark. I've run
the yak off. You don't find this
anywhere by your yard. The only counters
that you find when never let the yak
off.
Now that I like that he went hunting
but this is very parent that it is not
what we're talking about right now.
>> [laughter]
>> But
the
in this true but
so he tells him that really in the world
of hunting from again for a year to hunt
for strange but the world of a lot of he
said the first thing you need to dress
up there is a lot of time. I was not
going to be able to it doesn't bother me
that's a lot of time.
It doesn't bother me. You know why? And
I quote
because the only time you find
is if you're going to be
an animal and you're going to keep the
animal alive.
But to go ahead and to kill
and kill yours and other kind
in that instance there's no issue at all
of a lot of time. Says the new to be you
to the only time the tza'ar ba'alei
chaim is if you torture an animal and
you keep the animal alive. If, however,
you're going to kill the animal, even
though you're being metza'er the animal
when you kill it, that in and of itself
is not tza'ar ba'alei chaim. The Chaim
Muchak zokt the Noda b'Yehuda a raya,
Chulin daf zayin amud beis. I have a
raya from Maseches Chulin daf zayin.
What's the raya? So, if you remember,
the Gemara told the story about the
chamor of Rav Pinchas ben Ya'ir. And the
gantz maiseh is Rav Pinchas ben Ya'ir
came to town and Rebbe heard that he
came to town. He was so excited he
wanted to invite him. Pinchas ben Ya'ir
was very nisa, he didn't have a han'a'ah
from anybody. But he he invited him and
Pinchas ben Ya'ir said, "I I right now
have to do a mitzvah, but when I come
back from doing the mitzvah, I'm going
to come I'm going to eat by you." And
then punkt punkt from all the doors that
Rebbe had in his house, Rav Pinchas ben
Ya'ir walked into the door and he sees
white mules. And he says, "This white
mules over there Malach Hamoves is here,
I'm out." Why is that? CUZ WHITE MULES
means death. It means the Malach
Hamoves. This is too big of a sakana.
So, Rebbe said, "You don't need to worry
about a karnalu hu." He says, "I'm going
to go ahead and I'm going to do
something to them. I'm going to take off
their hooves." The bottom line is a
karnalu hu. And by me being oiker them,
there won't be any issue anymore. So, he
said, "Rav Pinchas ben Ya'ir told him,
"Tza'ar ba'alei chaim, you can't do it."
He said, "No, I'LL KILL THEM. I'LL KILL
THEM." SO, he says, "You can't. Bal
tashchis." Great the Noda b'Yehuda.
Why didn't Rav Pinchas ben Ya'ir tell
Rebbe when he said, "I'll kill them,"
the same tshu'va that he told him when
he said, "A karnalu hu." He should have
said, "Tza'ar ba'alei chaim." Zokt the
Noda b'Yehuda a raya, "Af she heishivly
al a karnalu deken tza'ar ba'alei chaim,
aval pikin al makat lu lu." And even
Rebbe and even Rav Pinchas ben Ya'ir
didn't tell him about tza'ar ba'alei
chaim. He told him about bal tashchis.
Zokt the Noda b'Yehuda, "This is a clear
raya that the only time there's an issue
with tza'ar ba'alei chaim is if you're
going to keep the animal alive. But if
you're going to go hunting, then
it's not going to be an issue of tza'ar
ba'alei chaim. But either way, this is
the part of the tshu'va of the Noda
b'Yehuda that we do need. So, the Noda
b'Yehuda said that as it relates to
hunting, tzar baalei chaim, there's no
issue. Why is there no issue with tzar
baalei chaim? Because tzar baalei chaim
only is if you metzaer the animal and
you keep the animal alive. If, however,
you're going to kill the animal,
in that instance, there's not going to
be an issue.
Reb Yosef Shalom Natanson in his Shaalos
uTshuvos Shaalos uMeishiv, and this is
in Madura Tinyana, it's in Chelek
Shlishi, it's Siman Samech Aleph.
So, in the middle of the tshuvas, he
brings this chiddush of the Nodah
b'Yehudah.
He brings that Rav Ovadiah Seforno, who
was even before the Nodah b'Yehudah, he
also said this chiddush. And he says,
"U'lfi aniyus daati, nemel mayhem,
Divrei HaChinuch, Mitzvah Tof Nun Aleph,
which is also Divrei HaRamban in his
Pirush al haTorah in Parshas Bereishis."
We mentioned this Ramban in the
Hakdamah, right in the beginning of
Maseches Chullin. And that is, we know
there's a big machlokes Rishonim whether
shechitas chullin is a mitzvas asei
d'Oraisa or it's not a mitzvas asei
d'Oraisa. Many Rishonim hold it's a
mitzvas asei d'Oraisa, u'verishonam, the
Rambam and the Chinuch. There are many
Rishonim that hold that it's not a
mitzvas asei d'Oraisa, u'verishonam, the
Raavad and the Ramban. But the bottom
line is a big shailah, is shechitas
chullin a mitzvas asei or is it not a
mitzvas asei? On the one hand, the Torah
says, "V'zavachta ka'asher tivaseichah."
On the other hand, you don't have to eat
meat if you don't want to. It's not
something that you need to do b'chumra
v'seiva. And this is a huge machlokes
Rishonim. The Ramban and the Chinuch,
they both ask on the side that there's
no mitzvas asei d'Oraisa to do
shechitah, so why is it the shochet,
when he shechts, he makes a brachah,
"Asher kiddishanu b'mitzvosav v'tzivanu
al ha'shechitah"? Why are you making a
brachah? If it's a mitzvah, it's a
bracha al mitzvos. But if it's not a
mitzvah, so why are you making a
brachah? And the Ramban says that the
reason you make a brachah is because
tzar baalei chaim d'Oraisa. And we
mentioned the Shaarei Teshuvah Orach
Chaim Siman Samech Aleph, in Orach Chaim
Nun Daled, where he says that when a the
shochet makes the brachah, it's k'ilu
noimar, "Asher kiddishanu b'mitzvosav
v'tzivanu l'racheim al ha'briyos." That
really, really, the mitzvah of shechitah
is not the mitzvah shita per se, but
it's the sensitivity that we're doing
when we go about the shita. And that is
that you have to be sensitive to doing
it in a way where you're not going to
cause tzaar. Tzaar baalei chayim
de'oraisa. The least painful way to go
ahead and kill the animal is by doing a
shita. And that's why when you do a
shita you're being mekayem an inyan
de'oraisa L'RACHMEI AL BRIYOS. THAT'S
WHAT THE mitzvah is of a freig t'sholom
bayis. Freig t'sholom bayis and how
could the Noda B'Yehuda and the Bais
Shmuel also said this,
how could they come ahead and say such a
chiddush that there's no tzaar baalei
chayim de'oraisa. If you're killing the
animal, the varaiya from the Gemara
Chullin daf zayin I hear, it's connected
to the Purim shushan. It's connected to
the Ramban on the third day of the first
perek of Bereishis. It's connected to
the Chinuch in taf nun alef. The
chiddush at first glance it's a kushya
atzuma and the Sholom Rav Moshe Zarchi
either Ryan Chullin he deals with it a
little bit.
But the emes is there's a tshuvas to
this.
And that is there's a tshuvas from the
Chasam Sofer. And this tshuvas is in
chelek vav. It's tshuvas chof daled.
Where the Chasam Sofer where the Chasam
Sofer over there was discussing a whole
shaila about the tzaar baalei chayim.
And the shoel wanted to say a chiddush
l'halacha based on this Ramban.
And based on it's also in the Sefer
HaChinuch. And that is we do shita in a
very sensitive way. And the reason we do
shita in this very sensitive way is to
be concerned about the tzaar baalei
chayim de'oraisa. Says the Chasam Sofer
after he's mefalpel with this a little
bit. He says
tam zeh d'haChinuch kasha l'eima. This
whole tam of the Chinuch is very schwer.
De'in kein dogim v'chagavim may
How come when it comes to dogim, fish,
and chagavim, grasshoppers, there's no
peida of how you kill it? U'l'manda amar
ein shita l'of min ha'Torah. Today's
daf, may yakil l'eima. Why we're not
sensitive to go ahead and kill the of in
a way where it's not going to and by the
way even though we still you have to get
to see modern even if you don't
But you don't have the halachas of doing
it in the sensitive way. Ella said the
ain't live noise halacha
when you find the reason that gives the
time of mitzvah it's a very nice thing
there's a hair dish is a sensitivity
it's a
it's MS but in halacha
mich kein mokem in halacha. Said the
soifer it's possible to me that this
thought of the Ramban of tzar baalei
chayim
it's a time of the crow but in halacha
ain't live noise halacha
it's possible that the no to be who the
if he had an opportunity to be massive
to the show massive I think what he
would have told him was ain't live noise
halacha
because at the end of the day this is
not area that crosses over to halacha
the
halacha of came I think this is an
example of where the no to be who the
the two
schneem
that even though you have this Ramban
but it was possible to both of them
these two
the rabbis of
that this is the way you go through to
such a Ramban it's a Ramban it makes for
good rate but at the same time when it
comes to halacha you ain't live noise
halacha it's not something you can buy
halacha and if that's the case
it's possible to me that in the world of
if you're going to kill the animal
there's no
chayim and I have a right of
and
are you going to ask me a
from you going to ask me a from the
Ramban which is also a safer
I hear what you're saying but at the
same time ain't live noise halacha me
man
This is the first thought of the