Thank You for Making Us Holy

The overwhelming majority of the mesechta deals with the laws of shchita, shchitas chulin. So, here's the question. If somebody shachts chulin, is he mekayem a mitzvah, or is he not mekayem a mitzvah? Meaning, before you shacht chulin, you put on the gartel, you say l'shem yichud, right? Are you being mekayem a mitzvah? You have to have kavana mitzvas tzitzis kavana. Is shchitas chulin a mitzvah, or is shchitas chulin not a mitzvah? Now, you'll tell me, you have to eat chulin? Do you have to wear beged TZITZIS DALET KANFOS? NO, BUT when you wear a beged tzitzis dalet kanfos, there's a mitzvah to put tzitzis on it. So, I don't have to eat chulin, but if I want to eat chulin, now there could be a mitzvah asah d'oraisa to go ahead and shacht it. So, if you take a look at the Rambam, perek aleph, halacha aleph, in hilchos shchita, the opening verse of the Rambam's chulin, says the Rambam, mitzvas asah she yishchoyt mishe yirtzeh l'echol basar beheima chaya v'oyf, v'achar kach yochal, she ne'emar, v'zavachtam mikol beheima mitz'echa. The Rambam says in the perush, mitzvas asah, there's a mitzvas asah d'oraisa for a person that wants to, mishe yirtzeh l'echol basar beheima chaya v'oyf, to first do a shchita. And the Rambam says, what's the makor? It says, v'zavachtam mikol beheima mitz'echa. Where does it say that? That's the pasuk that we mentioned in the introduction to the daf, ki yirchak mimcha hamakom asher Hashem Elokecha loso l'simcha. V'zavachtam mikol beheima mitz'echa k'asher tzivicha Hashem Elokecha. K'asher tzivicha, that's a mitzvah, by the way. K'asher tzivicha, and the Rambam quotes that [laughter] pasuk Devarim, perek yud beis, pasuk aleph. From there you see, v'zavachtam is a mitzvas asah. In the event that you want to eat chulin, you have a mitzvah to go ahead and to shacht the chulin. The Rambam, Lishitasai, in the Sefer Hamitzvos, in mitzvah kuf mem vov, he shacht tzivahu lishchoyt beheima chaya v'oyf, v'achar kach yochal basar. V'shelo yiyelo hen heter elah b'shchita b'vad. V'omru Yisrael, v'zavachtam mikol beheima mitz'echa v'chulu k'asher tzivicha Hashem Elokecha. So, the Rambam, Lishitasai, in the Sefer Hamitzvos, also says that one of the 613 mitzvos is the mitzvah of shchita. If you take a look at the Chinuch, in his Sefer Hamitzvos, mitzvah taf nun aleph, mitzvah shchita. Shekol mishe yirtzeh l'echol basar beheima chaya v'oyf, sheyishchoyt oysam k'hilcha k'royi, v'lo yiyelo hen heter elah b'zvicha. V'al zeh ne'emar, v'zavachtam mikol beheima mitz'echa v'goymer, k'asher tzivicha Hashem Elokecha v'goymer. So, the Rambam and the Chinuch, both, the two most famous minyan mitzvos, in their minyan of mitzvos of taryag, they were moyneh the mitzvah of shchita. Stating that, the Raavad, in his hasagos on the Rambam, so, everyone knows the Raavad wrote hasagos on the Rambam's Mishneh Torah. What's a little less known is that the Rambam also, the Raavad also wrote hasagos on the Rambam's Sefer Hamitzvos. And in the Raavad's hasagos on the Sefer Hamitzvos, the Raavad says, Omer Rav Avraham, he says, zu ein lo ta'am. The fact that the Rambam would say that there's a mitzvas asah to do shchita has no ta'am. V'ulai, maybe, lav avo michlal asah asah. If anything, zogt der Raavad, maybe it's a lav avo michlal asah. In other words, it's not a mitzvas asah, like putting on tefillin and saying Kriyas Shema. Maybe what it is is an issur asah. Where the Torah is saying that you cannot eat from meat that didn't have a proper shchita. But rather than say, "Thou shalt not eat meat that didn't have a proper shchita," the Torah told it to me bilashon asah, not bilashon lav. Only eat meat if it had a shchita. Michlal that, I understand that there would be an issur to go ahead and do it. But to refer to it as a mitzvas asah, says the Raavad, bilashon Yisrael, zu ein lo ta'am. It has no ta'am. I have no understanding, no avana, why it should be a mitzvah. The Ramban, in his hasagos on the Rambam's Sefer Hamitzvos, also is masig. And he says, I don't know why it would be a mitzvah. It's not something you have to do. It's only something that IN THE EVENT OF, OKAY, SO, there's a Shulchan Aruch of how you go ahead and you prepare meat. A mitzvah is something that the Eibishter wants you to wake up in the morning and do, and try your best to to do mitzvos. There's limitations how much you have to exert yourself, are you ba'al tza'ar ba'alei chayim, etc. But at the same time, a mitzvah is something you're obligated to do. You don't find anywhere there's an obligation to eat meat. And if you don't find anywhere there's an obligation to eat meat, it's not mistaber, zogt der Ramban, that there should be a mitzvah. Truth is, this Ramban, in his hasagos in Sefer Hamitzvos, is also a Ramban in his Perush Al HaTorah. It's Ramban Lishitasai, in Parshas Bereishis. The Ramban is talking about how Adam Harishon was not allowed to eat meat. This is something that be'ezras Hashem we'll get to at some point. And then, at the end of a long Ramban, which really could have been the introduction to Maseches Chulin. But at the end of this long Ramban, zogt der heiliger Ramban, v'zeh ta'am hashchita. He said, I want to explain to you what the yesod of shchita is. U'masha amru, it's what Chazal said when they said tza'ar ba'alei chayim d'oraisa. The reason there's a mitzvah of shchita, and you can't just go ahead and recklessly kill an animal, it's because tza'ar ba'alei chayim d'oraisa. We have to be sensitive to the life and to the nefesh of an animal. And you can't just go ahead and kill an animal. And it's for that reason the Torah went ahead and was mitzaveh us with shchita. Says the Ramban, v'zeh zubir chosenu she'navarech. It's for that reason we make a bracha before we do shchita. Asher kidishanu b'mitzvosav v'tzivanu al hashchita. You know why you make a bracha when you go ahead and you do a shchita? It's because when you do a shchita, you're being sensitive to the life of the animal, and you're being mekayem the inyan of tza'ar ba'alei chayim d'oraisa. So, you do it in some sefer in a teshuvah in Orach Chaim siman nun dalet. The Chasam Sofer talks about this Ramban baruchus, and at the very end he says that essentially what the Ramban was saying was that although the nusach bracha when you make a shchita is Asher kidishanu b'mitzvosav v'tzivanu al hashchita, it's as if the nusach bracha would have been Asher kidishanu b'mitzvosav v'tzivanu l'racheim al habriyos. Lashon Yisrael shel Chasam Sofer. But the point is, the Ramban says that you want to know why shchita as opposed to something else, it's because tza'ar ba'alei chayim d'oraisa. And that's why you make a bracha. You're making a bracha because you're being mekayem the inyan of tza'ar ba'alei chayim d'oraisa. And the real nusach [laughter] bracha k'ilu would have been, zogt der Chasam Sofer, Asher kidishanu b'mitzvosav v'tzivanu l'racheim al habriyos. But the Ramban was muchin over here, why do you make a birchas hamitzvos? Why do you make a bracha when you do shchita? Oh, must be tza'ar ba'alei chayim d'oraisa. And even though the bracha IS AL HASHCHITA, REALLY it's k'ilu. You want to know what it is? It's k'ilu you said, "I'm making a bracha." It's k'ilu you said, "I'm making a bracha l'racheim al habriyos." If shchita is a mitzvas asah d'oraisa, it's pashut why you make a bracha on shchita. You make a bracha on shchita the same reason you make a bracha before you put on your tzitzis, and when you sit in a sukkah, and when you light the menorah, and when you eat matzah. It's the same reason you make a bracha every time you do a mitzvah. Peretz tzitzis, Ramban Lishitasai. It's Ramban Lishitasai, in his hasagos on the Rambam's Sefer Hamitzvos, where the Ramban held that it's not a mitzvah of shchita, because you're not obligated to wake up in the morning and find an animal to go ahead and shacht. If it's not a mitzvah, so why are you making the bracha Asher kidishanu b'mitzvosav v'tzivanu al hashchita? The teretz is, zogt der Ramban a teretz, it's because tza'ar ba'alei chayim d'oraisa, it's k'ilu the bracha would have been Asher kidishanu b'mitzvosav v'tzivanu l'racheim al habriyos. In other words, we have a machlokes Rishonim where the shchita is a mitzvas asah d'oraisa, shchita is not a mitzvas asah d'oraisa. The Rambam in his Mishneh Torah, perek aleph, halacha aleph, hilchos shchita, and the Shitasai in the Sefer Hamitzvos, mitzvah kuf mem vov, and the Chinuch Hamitzvos, taf nun aleph, both say that shchita is a mitzvas asah d'oraisa. The Raavad, in his hasagos Harambam in Sefer Hamitzvos, the Ramban in his hasagos on the Rambam's Sefer Hamitzvos, and the Shitasai in his Perush Al HaTorah in Parshas Bereishis, are of the opinion that shchita is not a mitzvas asah d'oraisa, maybe it's a lav avo michlal asah. V'ulai. But it's not a regular mitzvas asah d'oraisa. The only thing is, the Ramban was muchin a little bit. The Ramban in Bereishis, he said, "If shchita is not a mitzvas asah d'oraisa, so why is it that you make a bracha Asher kidishanu b'mitzvosav v'tzivanu al hashchita? If it's a mitzvah, you make a bracha on mitzvos. But if it's not a mitzvah, so why are you making a bracha on mitzvos?" Said the Ramban a teretz, it's related to tza'ar ba'alei chayim d'oraisa. And like the Chasam Sofer said, really the bracha is not on the cheftz of the shchita, it's Asher kidishanu b'mitzvosav v'tzivanu l'racheim al habriyos. So, maybe you could say, one or and we're going to end with this. Why is it that if you hold shchita is not a mitzvas asah d'oraisa, shitas Raavad and shitas Ramban, still you make a bracha Asher kidishanu b'mitzvosav v'tzivanu al hashchita? If you do a the Rosh in the first perek of Maseches Kesubos, in the sugya of birkas eirusin and birkas chasanim. So, we know that under a chuppah the mesader kiddushin makes a bracha. What's the bracha? So, the makor is Kesubos daf zain, Asher kidishanu b'mitzvosav v'tzivanu al ha'arayos, v'osah lonu issur usus, v'hiter lonu usus anusus. Are you dechuppah v'kiddushin, baruch atah Hashem mikadesh Am Yisrael al y'dei chuppah v'kiddushin. The Rosh asks a bunch of kashas on this nusach bracha. Yesh makshin al nusach bracha azo. He says, number one, it sounds like it's a bracha on the eirusin. Break the Rosh, if it's a bracha on the eirusin, so why don't you make a bracha Asher kidishanu b'mitzvosav v'tzivanu l'kadesh es Yisrael? That seems to be the more uh obvious nusach bracha. V'oid, says the Rosh, where do you find anywhere that you make a bracha on an issur? In the nusach bracha, you say v'tzivanu al ha'arayos, those are issurim. V'osah lonu issur usus, those are issurim. Where do you find a situation that you would ever do that? And besides, being that this is a bracha on the eirusin, why do you fear eyes Mekadesh Ami Yisrael al yedei chuppah vekiddushin? Right, the heiter alone was on the sugya is al yedei chuppah vekiddushin. You're dealing with Eirusin. Why are you talking about chuppah? It's as if when you sit in the sukkah you make a brachah on the lulav. I understand this may Indian the Indian but it's the Indian. But we're dealing now not with the chuppah, you're dealing now with the Eirusin. Why are you mentioning the Eirusin? Why are you mentioning the chuppah? As I shprech the Rosh, "Zog the Rosh a davar nifla." That it's much from these kashas that even though the brachah on Eirusin that the Mesader Kiddushin makes on the every chuppah looks and feels very much like a birchas mitzvah, it's not a birchas mitzvah. >> [laughter] >> He said because the truth is there's not even a mitzvah taking place right now. What are they doing? They're doing kiddushin. Kiddushin's a mitzvah in the Torah. The mitzvah is pervo. They're not having children right now. And by the way, zog the Rosh, "Pervo you can be mekayem even al yedei pilegesh." It's not [laughter] even mechayev to go ahead and do a kiddushin. So really there's no mitzvah taking place. So if there's no mitzvah taking place, zog the Rosh, it's poshit that what's happening over here is not a birchas mitzvah. Well, if it's not a birchas mitzvah then what is it? Zog the Rosh, and I quote, "Ub'rachah zu niskenu laseis shevach laKadosh Baruch Hu." It's a birchas shevach. We're praising a Kadosh Baruch Hu. "Asher kiddishanu bemitsvosav ve'hivdilanu min ha'amim vetsivanu lekadesh ishah muteres lanu veloi achas min ha'arayos." Says the Rosh, "You want to know what the brachah is? It's a brachah on the on the fact, thank you Hashem, a birchas shevach, that ve'hivdilanu min ha'amim. You were mavdil us from the amim. We're different. The amim are prutzim ba'arayos. The fact that we're nizharim ba'arayos, ein lo chashav gadol kegadol mizu between Yisrael and amim. The way we go about this Indian of Issur Chakal Yoidem Lo Makal Nichnas L'Chuppah, but it's done with such an incredible tznius." Contrast that with the attitude of the umos ha'olam towards the Indian of arayos. Ein lo chashav gadol kegadol mizu and that requires a shevach v'hoda'ah laKadosh Baruch Hu. "Asher kiddishanu bemitsvosav vetsivanu The Eibishter was mavdil us bein amim. That is ba'etzem what the nusach of brachah really is," says the Rosh. "It's fundamentally not a birchas mitzvah. It's fundamentally a birchas shevach. A shevach that is so manifest at this time." In fact, the Maharsha right here often or in the Sugya of Birchas Chasanim says that's why the siyum of the brachah is Mekadesh Ami Yisrael al yedei chuppah vekiddushin because really kiddushin brings out the Indian of Kedushas Yisrael. [laughter] It brings out this Indian of Mekadesh Ami Yisrael, Indian that we were me'arichin already in the beginning of Maseches Kesubos. So I was thinking, "Lulei demistafina, and maybe it's even poshit." And that is, if you look in the end of Parshas Kedoshim, it's one of the places that the Torah talks about the Indian of Machalos Assuros. Says the pasuk, "Ve'hivdaletem bein habeheimah hatehorah lat'meiah." You should be mavdil. Make sure you're going to discern between the beheima hatehorah and the beheima hat'meiah. "Uvein ha'of hatamei latoher. Velo sitesu es nafshoseichem bab'heima uv'aof uv'chol asher tiremu es admas asher hivdaleti lachem letamei." And if you're going to do that, "Vi'yisa mi'kedushah." IF YOU'RE GOING TO KNOW to stay away from Machalos Assuros, if you're going to know to go ahead and be mavdil between what's tamei and tahor, you're going to be kedoshim. "Ki kadosh Ani Hashem. V'HAVDAL ESCHEM min ha'amim lihiyos li." And through that I'm going to be mavdil you. A mitzvah with the Torah is made is havdalah between us and the umos ha'olam is this Indian. It's this Indian of Machalos Assuros. If you take a look at Rashi, Rashi says, "Ve'hivdaletem bein habeheimah hatehorah lat'meiah." Rashi Chumash, "Ein tzorech lomar bein par o bein chamor she'heirei muvdalim nikarim ela bein tahor l'challel tamei l'challel. Bein she nishchat rubo v'ein she nishchat chatzyo. V'chama bein rubo l'chatzyo lo sitesu es Maseches Kesubos." THAT IF A YID IS MEKAYEM this Indian, he shacht and he knows what's kosher what's not kosher. "Ve'hivdaletem bein habeheimah." You know what that leads to? "V'havdal eschem bein min ha'amim lihiyos li." The Parsha Machalos Assuros, the Parsha of Shechita, this is something that's not just a mitzvah. It's something that's mavdil us. If that's the case, lulei demistafina, the Rosh was megaleh to us that we make a brachah under the chuppah at a time when we see the havdalah bein Yisrael amim. When we see the Kedushas Tiyuv KLAL YISRAEL, WE GO AHEAD and we make a brachah. And what's the brachah? It looks like a birchas mitzvah. It feels like a birchas mitzvah. It's a birchas shevach. It's a birchas shevach on the fact that a Kadosh Baruch Hu was mavdil us between the umos ha'olam. The Rosh was megaleh to us this Indian so gadol THAT IT PASSES A BIRCHAS SHEVACH. WHEN A PERSON DOES SOMETHING that brings out the havdalah bein Yisrael amim. In that same vein, when a Yid goes ahead and does shechita and he brings out the havdalah bein Yisrael amim in the Indian of Machalos Assuros, we are the Torah says, "V'havdal eschem." That that's Indian of havdalah. It passes a brachah. NOT A BIRCHAS MITZVAH. Shechita is not a mitzvah. Shechita is an av banim, shechita is an av avos. Oh, but it's a birchas shevach. Thank you Hashem for being mavdil us. Thank you Hashem for making us kedoshim. You know, the Rambam brings his Hilchos Shechita in which volume of the Mishneh Torah? It's 14 volumes. That's why it's called the Yad Chazakah. In which volume does the Rambam bring it? He brings it in Kedushah. Right, he brings it in Kedushah. There's three inyanim that are mentioned in Kedushah. Just three. There's Hilchos Issurei Bi'ah, Hilchos Shechita and Hilchos Machalos Assuros. These are the two things that the Rambam felt bring out Kedushas Yisrael. Kedoshim tiyu perushim min ha'arayos. And this these psukim here in the end of of Parshas Kedoshim, and by the way, the Torah chazars it again in the end of Parshas Shmini where the Torah is me'arich over and over again, "K'ani Hashem Elokeichem v'hiskadishtem vihiyisem kedoshim ki kadosh Ani. Velo sitesu es nafshoseichem bachol asher ro'eh es ha'aretz." These are the two Indian inyanim that bring out Kedushas Yisrael. These are the two inyanim that bring out the havdalah bein Yisrael amim. Just like when it comes to the Indian of Issurei Bi'ah, we make a brachah and the Rosh said it's not a birchas mitzvah. Not a birchas mitzvah. It's a birchas shevach on the fact that we're kedoshim, Mekadesh Ami Yisrael al yedei chuppah vekiddushin. The fact that a Kadosh Baruch Hu was mavdil us bein amim on the Machalos Assuros. On the shechita passes the same exact brachah. This brachah that we make on the shechita, maybe maybe is not a birchas mitzvah after all. Those Rishonim, but rather what it is, a birchas shevach. The Chasam Sofer said that when you make the brachah, "Asher kiddishanu bemitsvosav vetsivanu al hashechita," it's "Ki'ilu nomar, Asher kiddishanu bemitsvosav vetsivanu l'rachamim al habriyos." Lulei demistafina, maybe you could say in a different nusach. What you make when the shochet makes the brachah, "Asher kiddishanu bemitsvosav vetsivanu al hashechita," it's "Ki'ilu nomar, A birchas shevach, Asher kiddishanu bemitsvosav ve'hivdilanu min bein hatoyim. Venasan lanu Toras emes v'chayei olam nata besocheinu." That's the oinek maybe and what the birchas hamitzvah of shechita is.