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Thou Shall Not Murder Animals
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The second argument is
that there's a Gemara in Maseches
Sanhedrin Daf Nun Tes Amud Beis. The
Gemara said, "Amar Rabi Yehuda Amar Rav,
Rabi Yehuda said in the name of Rav,
Adam Harishon was not allowed to eat
basar. The pasuk says, "Hinei Nosati
Lachem es kol
The only thing Adam Harishon was allowed
to eat was from the eisev hasadeh.
But
the life of the earth, right? Not the
life of the earth.
When the Bnei Noach came, he permitted
them eisev hasadeh. The Torah was matir
them to eat basar. She nemar,
the yerek eisev nosati lachem es kol.
So, Rabi Yehuda said in the name of Rav,
Adam Harishon was a vegan. Adam Harishon
was not allowed to eat basar. And again,
what's the raya? It's a pasuk in the
Torah. The pasuk says,
es kol
That's what you're allowed to eat. It's
Dafke Noach's time. When after Noach
comes out of the teiva, Hashem tells
Noach, kol remes asher hu chai lachem
yihyeh l'ochlah k'yerek eisev nosati
lachem es kol. Just like I told Adam
Harishon that he's allowed to eat from
the yerek, I'm being matir you. If you
want to go ahead and you want to eat
basar, you can eat basar in the same way
that Adam Harishon was allowed to eat
eisev.
The Ran in his Chidushei Ran
on that Gemara in Maseches
Sanhedrin Daf Nun Tes asks that ikla
meidach, how could it be that Adam
Harishon was not allowed to eat basar?
We know that there are seven Mitzvos
Bnei Noach. And one of the seven Mitzvos
Bnei Noach is eiver min hachai. To the
extent that Adam Harishon was not
allowed to eat basar, so why we having a
conversation about eiver min hachai?
Bom kasha.
If Adam Harishon is not allowed to eat
basar,
so if Adam Harishon is allowed to eat
basar, he just can't eat
meat.
But you tell me Adam
was not allowed to eat meat. If he was
not allowed to eat meat, how does that
fit with the verse that says
and one of them was
meat? So the Adam
he says that when Adam
was given the meat
the meat actually meant more than just
don't eat the meat.
It meant don't eat the meat at all. As a
matter of fact, what's the to the
meat? It says eat the fruit.
Right? Eat the fruit.
We learn from there
really in Adam's times eat the fruit
meant you can eat fruit, you can eat
vegetables, but you can't eat meat at
all. What happened? In
times the said no, you can eat meat.
I'm going to allow you to eat the meat.
When Adam was told he was allowed to eat
the meat at that point there would have
been a
that the whole
meat would have gone away. So
there's still an issue of meat. So
there's no way to reconcile. So
there's no way to reconcile. There's no
way to make sense that there would be a
issue of meat and an issue of
meat.
If you can't eat meat, for sure you
can't eat
meat. The truth is there was no
issue of meat in the times of Adam.
The issue was don't eat meat. This whole
issue of
meat was something that really came
about in the times of Adam.
Truth is the Adam says
in the book
of Adam, another famous book of Adam,
links on classics in the last few days.
So the Adam says Adam was commanded six
mitzvahs.
Adam was commanded six mitzvahs. One was
don't eat meat. One was don't eat meat.
One was don't eat meat.
One was don't
eat meat. The Adam says I'm skipping a
little bit. One was don't eat meat.
When Adam came around, Adam got a
seventh mitzvah and that was don't eat
meat.
Between the six that Adam Harishon got
and the seventh that Noach got, seven
mitzvos, what you're left with is seven
mitzvos b'nei Noach. The Rambam says
that Adam Harishon was never nistaveh
with eiver min hachai. The whole seiver
of eiver min hachai was given to it was
given to Noach. What's pashut pshat in
the Rambam? Pashut pshat is, I don't
even think it's a
He didn't understand if the Gemara says
m'foresh that Adam Harishon wasn't
allowed to eat basar. Vos pas eiver min
hachai? Zog the Rambam, you know the
teretz is eiver min hachai takah wasn't
given to Adam Harishon. It was given to
[laughter] Noach. We mentioned in the
past, could be that's why it's called
the seven mitzvos b'nei Noach. Why is it
not attributed to Adam Harishon? There's
different machlokes to this. But it
could be because really hakol holeich
acher hagmar. And the seventh of the
seven mitzvos b'nei Noach was given to
the b'nei Noach. It wasn't given to the
b'nei Adam Harishon. So like the Rambam,
it's very gishmak why it's called the
seven mitzvos b'nei Noach. But the
bottom line is the Ran and the Rambam
were both mutching the same question.
And that is if Adam Harishon was like
"Hotah lo ibasar." So vos pas eiver min
hachai? The teretz is you have to
say that there was no issur eiver min
hachai. The Ran says, what do you mean?
The ikar d'orasha of eiver min hachai
was given to Adam. So you have to say it
was given and then it was tweaked. Eiver
min hachai is the way we have it today.
Initially it was given as an issur
basar. The Ran says, no, Adam Harishon
was only given six. The seven means the
six that were given to Adam Harishon
plus the seventh that was given to plus
the seventh that was given to Noach. But
the tzaddik shavah between the Rambam
and the Ran is that it doesn't make any
sense that there could be an issur eiver
min hachai
to the extent to the extent that there's
an issur basar. Stating that tzio dua
that really Tosfos in Sanhedrin daf nun
vav amud beis already asks this kasha.
Ochel to'eich lo eiver min hachai. Freig
Tosfos. Behold, the Gemara will come on.
Kol hu to lo Adam Harishon basar lo
achilo. How does it make sense then that
there was an issur eiver min hachai? Zog
Tosfos, hainu l'chames v'lecha. That
issur of basar meant to go ahead and to
kill the animal and then to eat it.
That's something you're not allowed to
do. I will make some aleph. If the
animal would die by itself, sure you
would be motar. But also lafuga even in
a daf enough aleph aleph. So like to say
this, you want to know how you reconcile
the issue bossa and the issue of even in
a daf aleph aleph. The issue bossa was
lahamis aleph aleph. But if you would
see a dead carcass on the side of the
road and you would say perfect, I have
dinner for a week. That's something you
were allowed to do.
But it has to be dead. If it was alive
and it was even in a
daf aleph aleph, then it would be
awesome. So to say this, it says that
you could reconcile the issue even in a
daf aleph aleph with the issue bossa.
You know how you reconcile it because
the issue bossa was lahamis but to the
extent that it died by itself there
wouldn't be an issue. But here's the
point, there was a head aleph bossa
aleph aleph. And if that's the case, it
makes sense that it would be an issue
even in a daf aleph aleph. is,
it's very mashma from Rashi aleph aleph
like the Rambam on this pasuk of my own
like him in a daf aleph aleph as call
Aleph aleph aleph aleph aleph aleph
aleph aleph aleph aleph aleph aleph
aleph aleph aleph aleph aleph which is
the source that Rashi was not allowed to
eat bossa. So like Rashi, his aleph
aleph aleph aleph aleph
aleph aleph aleph aleph aleph
but the Torah did not allow Adam and his
wife lahamis breya to kill an animal
aleph aleph bossa eat bossa. Aleph aleph
aleph aleph aleph aleph aleph aleph
aleph aleph
aleph aleph aleph aleph aleph aleph
aleph They you see Rashi said aleph
aleph aleph aleph aleph
that one word lahamis if you know inside
aleph aleph aleph aleph, you know makes
the whole difference. Rashi like this is
learning that really the issue aleph
aleph bossa was an issue lahamis to go
ahead and to kill it. In other words, we
have a huge issue
we have the Rambam and the Rambam on the
one hand, we have Rashi and Rashi on
on the other hand. And that is what was
the issur basar that was given to Adam
and Eve. According to the Rambam and the
Raavad,
the issur basar was an issur to eat
basar. Full stop. I If that's the case,
what's Adam and Eve eating?
There was no Adam and Eve eating.
According to the Raavad, there was a
seventh mitzvah, but the seventh mitzvah
wasn't Adam and Eve eating, it was
basar. According to the Rambam, there
wasn't even a seventh mitzvah. But the
bottom line is is that as it relates to
the issur Adam and Eve eating basar,
there's no question there was an issur
Adam and Eve eating basar. According to
Rashi and Tosafot, there was never an
issur Adam and Eve eating basar. It was
a mitzvah to eat basar. But if it was
meat from an animal, it would be okay.
That's why it was very much a seventh
mitzvah, the mitzvah of Adam and Eve
eating. If you put it in more learned
terms, it sounds like according to the
Rambam and the Raavad, the issur of Adam
and Eve eating
in Sanhedrin 107b was an issur to eat
basar. It was an issur to eat basar. It
was
forbidden food. It belongs in the
Rambam's Kedushah. There was a forbidden
food that Adam and Eve had and that is
you're not allowed to eat basar.
According to Rashi and Tosafot, it
wasn't forbidden food. You only eat
basar if you eat basar
It was an issur to eat basar. It was
forbidden food.
That's what the issur is.
Clear words, clear explanations.
The question is that
if it's
an issur to eat basar, you understand
that. There's the concept of forbidden
food. As Jews, we're very familiar with
forbidden food.
What's this issur to kill the animals?
It's like a funny thing. Where would
this
even play itself out? What would be the
reason behind this? So the truth is,
you have to take a look at the Ramban.
The Ramban
right there in the end of the first
perek of Parshas Bereishis, the Ramban
talks a little bit about this Indian. He
says as follows,
"How possible is it that
Adam and Eve ate basar?"
Basar was something that Adam and Eve
ate
were first allowed to eat, but in the
times of Adam and Eve, it was not okay.
If you read the Torah,
if you read the Torah,
again, those words have different
meaning
in the world of the here, it's so clear
that that's what's going on over here in
the book. The
says let me tell you why.
Because living beings have a little bit
of a
nefesh.
They're similar to intelligent beings.
They have some level of free will. But
they
to try to make sure that their life is
good.
They are afraid of death.
Says the Ramban, it's for that reason we
have to be sensitive to the life of an
animal. You can just go ahead and kill
an animal. Because an animal is a
nefesh. Right? It has a
bit of a nefesh. They're similar to
intelligent beings. They have some level
of
free will.
They have a certain level of
intelligence.
Right? They have something that makes
them that you shouldn't be able to go
ahead and kill it. Right? The Kuzari
says there's four levels of life.
The animal is not a human. But he's also
not a human and a
human. He's level three out of four.
That's not bad, right? So at the end of
the day, he has something going for him.
When the world sinned and because of
that they were saying I'm wiping out
everything. And that's why the world was
saved. And why was the world saved?
That they were deciding to kill my men
to keep the world alive.
They gave permission to to go ahead and
to
and to eat.
Because their whole existence is only
because of man. And it's for that reason
now man has some level of dominion over
it. And by the way, if you remember,
it's at the end of this that he
mentioned
to
and he says
that's
referring to
but the bottom line is
that a
is not nothing. [laughter]
That's the Indian of
they
and that's why
to go ahead and to kill an animal to eat
it that's not something that you'd be
allowed to do. The only reason that man
was allowed to kill the animal is
because the whole existence of the
animals only because of man. Because was
ready to destroy the world and it was
so now
that who just saved all the animals now
you have over the animals and if you
want a steak dinner you have a right to
do it. That's something that you're
going to be allowed to do but up until
this point you were not allowed to kill
an animal you would not something you
were allowed to do. Why because they
have a
now it's not the same as the
the
similar to the
they have a level of
but
you were saying
and it was because of this
it was because of this there was an idea
that if you want to go ahead and kill it
you wouldn't be allowed to kill it but
then like this I'm going to end with
this.
>> [snorts]
>> The
in another place talk about this idea
much more
and this is in
mice.
In what's quickly becoming maybe our
favorite
in the for sure in mice and that is the
of
so on the
which was the topic of
Zion so the says a person not allowed to
go ahead and
ready for this
thou
catch them one on one
if a person's going to go ahead and he's
going to
don't
know who
don't
if someone's going to an animal
don't
cuz they think
>> We're going to view this person
literally as if he's a dumb. If somebody
we view him as if he's a dumb. The
doubles down a little bit.
Go back to the beginning of time. What
happened the beginning of time? Man was
not allowed to kill an animal.
After the
I allowed you to go ahead and now treat
the dumb of everything but a human being
to my end.
>> [snorts]
>> But if you're going to go ahead and
you're going to the animal you're going
to be
Where does it say anything in the world
about killing an animal being a dumb? Go
back to my separation.
Go back to separation and which
to the separation of the
Adam was not allowed to kill an animal.
He wasn't not not allowed to eat the
animal. He wasn't allowed to kill the
animal and it was only
I'm giving you parameters of when you're
allowed to. But if you're going to
violate those parameters
If you're not persuaded, listen to the
of the tour. So what can you do with
this the tour that was written by the
tour? So the tour of the ark which you
have to have. But the tour and very
often he brings the bands
and explains them. Dumb of
This is in Noah.
And they allowed Noah to kill all the
with the exception of
with the exception of man. I
This is what the Torah says.
If you're not going to kill the animal
in the way that I commanded you to kill
it, is that a play on
it's as if it was never
the mission will be issued
to my furnace in the tour. The tour says
that what
means to me is paraphrasing the what the
means to
what the means to say is that the
original
of the it was not only for people. The
original
was true for animals as well. Not of us
animals became for the reason that the
explained but the extent that you're not
going to do it in the right way so now
you're getting involved in
the truth is if you go back to
call
it just emerge from the table and I
shall tell you be able to eat all the
animals can you eat
don't eat my food. Additionally
when I
so I'm going to kill a person I'm going
to go after him we have
even if an animal kills a person I'll go
after the animal
because
what
what is the other what does
the fact that you can eat animals have
to do with
when comes out of the table David should
tell have good news and bad news. The
good news is steak dinner right?
The bad news is if you kill a person
what is one have to do with the other
even though I just told you you're
allowed to kill a I'll
or if you go ahead and you kill another
person this
is because once upon a the there was an
Isur Shvias Domeim, not only on the
person, on beheimos as well. Noach's
chiddush is that he's allowed to shecht,
he's allowed to go ahead and kill. You
would have taken it a little bit too
far. Kamashma you're not going to take
it too far. What's the bottom line? The
bottom line is what's mefur from the
Ramban in Parshas Bereishis and the
Ramban in Parshas Acharei Mos. And the
Torah Or in Parshas Acharei Mos. And by
the way, Rebbeinu Bachya says in Parshas
Acharei Mos and the Sforno says in
Parshas Acharei Mos. And really this is
an idea that's mefur in the Gilyon
Mishneh that there is an element of
Shvias Domeim that related once upon a
time very, very much to the beheimos.
That is poshut what the beer is in
Shitas Rashi and Tosfos. Rashi in
Chumash Parshas Bereishis Pasan Hechan
in Vav Mem Beis that the issur of basar
that Rebbe Yehudah bar Ilai was talking
about in Sanhedrin Nun Tes that Adam
HaRishon Lo Hutal Lo Basar Ba'Achilah,
it wasn't an issur machalos asuros, it
was an issur l'chamos. L'chamos
l'achilah. What's this issur l'chamos
l'achilah? It's this issur Shvias
Domeim. That's what's going on over
here. In other words, we have a klara
machlokes Rishonim. Adam HaRishon Lo
Hutal Lo Basar Ba'Achilah. What's the
geder of the issur? Was it machalos
asuros or was it or was it
issur Shvias Domeim? Does this fall into
the Rambam's Kedushah or does this fall
into the Rambam's Nezikin? What chelek
in Rambam do you take this halachah and
you plug it into? From the Rambam in
Perek Tes Halachah Alef in Hilchos
Melachim and the Ran in Sanhedrin Nun
Vav Mem Beis, it's mashma there was
machalos asuros. From Rashi in his
Pirush Al HaTorah Bereishis Perek Gimmel
and Tosfos Sanhedrin Nun Vav Mem Beis,
it's mashma it's an issur Shvias Domeim.
What would be the geder of an issur
Shvias Domeim by a beheima? That's the
Ramban in his Pirush Al HaTorah. That's
the Rishonim in the Sugya
of Shchutei Chutz. There's an idea,
there's an idea of dam shafach even when
it comes to an animal. But the emes
says, I think maybe lulei demistafina,
what emerges from this raid is a a huge
chiddush.
Because the Rishonim and the Torah
already said it so clearly, a saying
that that is of once upon a time that
existed that
could exist even
you would have thought that as soon as
the mabul came it got washed away with
all the waters.
But you see not that way. The Torah says
again
that even though
If that's the case, maybe this is
another
that we have to add to that
with the
was discussing to
and he wants to know is it okay to hunt
or is it not okay to hunt? And the said
you have to
and you have to
and what about the fact that the only
two hunters I ever found were Nimrod and
and
it's bomb
from
in two places
and
that with standing. But the bottom line
is
was coming to unravel every element that
every can actually come up with pro and
con in terms of hunting. Is it something
that's okay? Is it something that's not
okay?
Could be. Could be there's a
that to the extent that you just want to
go ahead and you want to kill an animal
for fun and you're not doing it
you're not even doing it
told
you want to do
this is something that you'd be allowed
to do. Maybe maybe there's even an
element and
of them going back to that Listen, her
reason, that we know existed post Torah.
Now, you know it from the Rishonim in
Parshas Acharei Mos, the Rishonim of
Vayikra perek zayin, which tied into the
Raavad and the Chidushei Rav David Zvi,
but either way,
Ain Beis Midrash Plai Chiddush,
and we will stop here.