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Zevachim 107
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We've all learned Chumash, maybe even
thought we understood, but now, with his
trademark depth and clarity and his
signature up-tempo Daf Yomi style, Reb
Sruly Bornstein uncovers the layers
beneath the words, revealing a world of
meaning, relevance, and beauty in every
line. Where the derech halimud of the
Beis Medrash meets pshat, discover the
shiur that's redefining how people learn
Chumash. Reb Sruly Bornstein's Chumash
shiur. Find it on the Lakewood Daf Yomi
app or wherever this shiur is being
heard. Today's daf is Vochin daf kuf
zayin and we are
five lines from the bottom of daf kuf
vov omid beis. Erev Shabbos we began the
13th perek of maseches Vochin, perek
hashoychis v'maylo. Perek hashoychis
v'maylo
begins with perek yud zayin in parshas
Acharei Mos. The halacha of shchutei
chutz and alos chutz. The Torah is very,
very clear that if somebody has a
korban,
he was makdish an ola achas shlomim. It
doesn't matter what type of korban it
is. And he either shochets that korban
outside of the makom Hamikdash or he's
maylo, he's maylo the basar of that
korban outside the makom Hamikdash, the
Torah says he's going to be chayav
kores. If he's chayav kores, it means
that if he does it b'shogeg, he's going
to be chayav chatos. The Mishna began
with a machlokes of Reb Yose bar
Chalafta and the chachamim. What would
be if somebody shochets b'chutz and then
he's maylo b'chutz? He does
shchita and hala'a b'chutz on the same
korban. The chachamim say he's going to
be chayav shtayim. He's going to be
chayav chatos
for the fact that he did shchita b'chutz
and he's going to be chayav chatos for
the fact that he did hala'a b'chutz. Reb
Yose bar Chalafta argues, Reb Yose bar
Chalafta says that the only time you're
chayav alos chutz is if it was what the
Gemara is going to call muktar lifnei.
It was a korban that was brought in the
Azara, you were maylo that korban
outside, then the halacha is he's going
to be chayav but for the hala'a. But if
you shocheted b'chutz and then you were
maylo the basar of that same korban
b'chutz, you'll be chayav for the
shchutei chutz but not going to be
chayav for alos chutz. But the Gemara
started off with a problem. The Gemara
said that if you're chayav chatos for
shchutei chutz and alos chutz, it means
that not only is it a double shainey
kores, but it has to be something that
the Torah clearly stated b'Azara thou
shalt not do. Because the rule is ain
onshin elon kein azharah. And the way
Rashi learns this it's referring to the
korban chatos. So although there's
certainly a chiyuv kores says the Gemara
for shchutei chutz and alos chutz,
because the Torah clearly says in
parshas Acharei Mos that there's a
chiyuv kores, but chatos would suggest
that there's an Azara. And nowhere in
the parsha of shchutei chutz and nowhere
in the parsha of alos chutz does the
Torah mention anything that suggests
Azara. Azara means that you're not
allowed to shochet b'chutz. Azara means
that you're not allowed to be maylo
b'chutz. And it doesn't say anywhere in
the Torah that you're not allowed to do
that. If that's the case, how could the
Mishna have a discussion of hashoychis
v'maylo b'chutz if he's chayav once, if
he's chayav twice? It certainly suggests
that there's a chiyuv chatos. Chiyuv
chatos means that there's an Azara.
Where is the Azara? And the Gemara said
bishloi b'hala'a. Although there's no
Azara in parshas Acharei Mos, but
there's actually another place in the
Torah where the Torah discusses the
issur chutz. And that's in parshas
Re'eh. And the Torah there says "He
shomer loch pen talu l'sachech b'makom
asher
dir." And the word he shomer and the
word pen both are synonyms of loy. They
mean loy sa'aseh. Thus you have an Azara
for alos chutz but shchutei chutz where
do you have an Azara? And the Gemara
finally came out that there is an Azara
because the pasuk says in the parsha of
shchutei chutz "V'lo yizbchu oylas chaim
asher dir." And even though as we spoke
about Friday, it doesn't mean literally
loy sa'aseh, but v'lo yizbchu is a loy
and thou shalt not shochet anything in
the context of shchutei chutz. That's
going to be the loy sa'aseh for shchutei
chutz. But the Gemara says that there's
a braisa that says that that pasuk is
talking specifically about somebody that
shocheted b'chutz, but he shocheted
something that he was makdish b'sha'as
heter bamos. And the question then the
Gemara asks is how do you know there's
an Azara if you shochet b'chutz
something that you were makdish b'sha'as
issur bamos? And for the Gemara said
"B'chumra, I know b'kama chomer." Madach
there's an issur shchutei chutz when you
makdish b'sha'as heter bamos, certainly
there should be a shchutei chutz when
you makdish b'sha'as issur bamos. And
the reason it's a kal v'chomer is
because the same braisa that says that
that pasuk is discussing where you were
makdish it b'sha'as heter bamos says
that in that case where you were makdish
b'sha'as heter bamos and then you
shocheted b'chutz is only going to be a
loy sa'aseh. You're not going to have
kores. The only time there's kores is if
you makdish b'sha'as issur bamos. If
that's the case, the haloy dinu madach.
If you
uh if you shochet korban that you were
makdish b'sha'as heter bamos where
[snorts]
it's only a loy sa'aseh, the halacha is
there's an Azara, then certainly if you
were makdish b'sha'as issur bamos where
there's a chiyuv kores, there should be
a loy sa'aseh. So right now where we're
holding is that the Gemara is suggesting
that maybe the Azara for shchutei chutz
when you were makdish b'sha'as issur
bamos is learned out kal v'chomer from
the Azara of shchutei chutz where you
were makdish b'sha'as heter bamos. And
on that note, the Gemara asks the
obvious question. The question that
everybody was bothered with. And that is
the chaim asirim min adin. Could you
learn out an Azara from a kal v'chomer?
Afilu m'man d'amar ain onshin min adin,
we know that even according to m'man
d'amar d'hold onshin min adin ain
mazirim min adin. Meaning the rule is
ain onshin min adin. It just so happens
there's a m'man d'amar, I think it's Reb
Tarfon, that holds onshin min adin. A
das yochid. Says the Gemara that even
the m'man d'amar that holds onshin min
adin is moyda that when it comes to
Azara, ain mazirim min adin. So you if
you can't learn Azara from a kal
v'chomer, you can't tell me that the
most common car to the Azara of shchutei
chutz where you were makdish b'sha'as
issur bamos is learned out kal v'chomer
from shchutei chutz where you were
makdish b'sha'as heter bamos.
You have to say that the Azara for
shchutei chutz is not kal v'chomer but
rather it's learned out from an g'zeira
shava. It says the loshon hava by
shchutei chutz. It says the loshon hava
by alos chutz. And just like alos chutz
has an Azara, so too shchutei chutz is
going to have an Azara.
Reb Yona says k'Reb Yona. It's learned
out from Reb Yona. Omar Reb Yona "Asher
sham sham mala haloy onash elon kein
ezer, af kan loy onash elon kein ezer."
Reb Yona said it's not learned out from
but rather it's learned out from a
hekesh from hala'a. And the hekesh is
really based on a pasuk also in parshas
Re'eh. That's the other parsha, the
lesser known parsha of shchutei chutz in
the Torah. And there the Torah says
sham talu l'sachech v'sham sham talu
means act of hala'a. V'sham tasu means
all the other avodas. So we're makish
shaar avodas to hala'a. What's the the
punchline? In your neinu, just like by
alos chutz there's an Azara, so too here
there's going to be an Azara as well.
It's interesting that who's the one that
said the hekesh? Reb Yona. There's many
occasions that Reb Yona is in shas. The
most well known occasion of Reb Yona is
in seder noshim maseches Yevamos where
Reb Yona made a hekesh between all the
arayos. Kukshu kol arayos elo zeh. We
had
a case of Reb Yona regarding all the
different korbanos.
That's another hekesh of Reb Yona. Here
we have another case of Reb Yona. It's
not the arayos, it's not different types
of korbanos, but rather here we have a a
kasha d'Reb Yona as it relates to as it
relates to the different avodas that
we're makish all the avodas l'hadadi.
Bottom line, just like by alos chutz
there's an Azara, so too here there's
going to be an Azara as well. Says the
Gemara
that said "Hashoychis v'maylo b'chutz
chayav shtayim." So we have an Azara now
for shchutei chutz. We have an Azara for
maylo b'chutz. We have an Azara for
shchutei chutz where you were makdish
b'sha'as heter bamos. We have an Azara
for shchutei chutz where you were
makdish b'sha'as issur bamos. The
question though is how do you know two
Azaras? How do you know [snorts] that if
you shochet v'maylo b'chutz, you're
going to be chayav shtayim? You're going
to be chayav saifei d'shchutei chutz and
saifei d'alos chutz.
It says "V'aleihem toymer al smuchin
toymer." So as mentioned in parshas
Acharei Mos where the Torah talks about
the halacha of chutz, the Torah really
breaks it up into two parts. Yeah, first
the parsha of shchutei chutz and then
you have the parsha of ha'alos chutz.
And the Torah
is mechaber the two parshas with the
words "V'aleihem toymer." So you have
first the parsha of shchutei chutz and
then "V'aleihem toymer" literally "Go
tell the Jews." Ish ish mibeis Yisrael
that not only are you not allowed to
shochet you're also not allowed to be
maylo b'chutz.
As if it would have been written
"V'aleihem mitanayan." As if to say
"Va'av of" that the parsha of alos chutz
relates, it applies to what shchutei
chutz meaning that if you are going to
be maylo something that you already
you're going to be chayav for alos
chutz. You're certainly chayav for the
shchutei chutz and you see you're going
to be chayav for the alos chutz as well.
asked the obvious question. "Mixei
v'aleihem mitanayan?" "V'aleihem ksei
mitanalef." You can't do that. You can't
interchange the alefs and an ayin,
right? Say shama. Go ask a Brisker if
you can interchange an alef and an ayin.
Either way, elo k'Reb
Reb
Elo k'Reb Tana d'vei Rebbi Yishmael.
"V'aleihem toymer l'arba parshas." It's
learned out from the "V'aleihem" but not
"V'aleihem" switch the alef with an
ayin, but rather "V'aleihem" it's the
vav that's moysef al inyan rishon that
connects the two parshas that you have
the issur alos chutz even when it was
already a shchutei chutz.
Af kan muktar chutz. He says he learned
a pasuk from a g'zeira shava. It says
"Avon" by shchutei chutz. It says "Avon"
by alos chutz. From the g'zeira shava we
know that if someone's maylo b'chutz
something that he already shocheted
b'chutz, the halacha [snorts] is he's
going to be chayav saifei d'shchita and
saifei d'ala.
Reb Bibi asked the kasha, a kasha on the
Tana Kama of the Mishna again that holds
"Hashoychis b'chutz v'hamaylo b'chutz
chayav saifei d'shchita and saifei
d'ala."
>> [snorts]
>> What's his kasha? How did the Tana Kama
learn to the
solution the
first mission
list the 36 of various for which
somebody is cars. What's the kasha
counts in the shed having why is it 36
it should really be 37 the my law.
They have my law. What does that mean?
If we're going to say that if someone's
my love a hot something that he first
shocked it with me. The show you guys.
And if someone's my love a hot something
that he first shocked it because he's
going to be kind of hot that in that
mission
both my love a hot
should be mentioned in the panel is a
very long rash that explains the most
kasha and really it's
dependent on a more in-depth
understanding of the first mission
but high-level when the mission says
it's 36
really there's more than 36 but the
mission means is this 36 my car is in
the title of a car is so that if
somebody would be over. 36
he would have to bring a special carbon
hot to each other he did so that if the
the significance of 36 is that the hell
of a you'd be
a separate hot for each one of the
if someone would be my love a hot
and then you'd be my love a hot
would you bring one hot or two hot
the is assuming in the castle bring two
and the reason is one type of two
different
the my car to a regular my love a hot is
learned that from the second of the
tire. The my car to a my love a hot
where you're being my love
is learned that either from the show
ever ever or from the the
love is my out of the parishes being
that it's two separate my car is that
means as it relates to
that two shamans that means if you do
them both
you'd be two hot
meaning if someone would be my love a
hot twice the hell of a hot my car is
you bring one hot if somebody would be
my love a hot twice the hot the hell of
a hot. He had to bring one hot but if
you my love a hot my car is and
the hell of a hot you're going to bring
two hot
one for the my car and one for the
and the reason is because they learned
that from different
if that's the case it's a separate car
is then why does mission mention 36 and
mission should mention 37 and the
answers kasha which we know the mission
and say what's kasha
means there's no kasha means it's a
it's
and the is not getting involved in it
but the bottom line is that's what the
says just one order before we go there.
So we started off the the with the ask
the kasha that we have an
for
where you were
the head of the but what's the the head
of the you the
and don't tell me call the because
that even the
holds
so the gave two one says
another mission said
rash he spoke out that this
is a
Muslim. And being that it's
Muslim therefore although
you could learn out of
from
another mission was
if
meaning you can't learn from a
then why could I learn
what's
the so the know the
the is the
so we know not all
created equally there's two types of
there's
Muslim and there's
a
Muslim. Muslim means with the two
building blocks the two words that have
been used for the
are extra one is extra both are extra
but there's a there's a
in the
that would suggest that the reason the
wrote this word where it wrote it was
for
a
there's nothing extra for example if you
would use the word
and
to make
with another
that's a
very important
in the beginning God created heaven and
earth. So the word
for reason it would never be
doesn't have to be based on extra words
but when it is it's
it becomes
Muslim the
you can't ask on Muslim you could ask on
in Muslim I think the
why is it that
so there's a mission on
the ways we won't talk about it tonight
but
is because we're always concerned that
maybe there's a
in order to
a
it's also simple. You have to make sure
that you don't know any on this
you know there's a
with with the says the one
told another says you're such a big time
with you know
that you can call
and brings from that he heard from his
and
the says what do you have to be a to
call
to
be a
you have to be
you have to be a what's the
coming with the fingers are flying when
you
you have to because that you need to say
a
that you maybe to be a
but what do you have to be a
you. You have to be the whole
time
so he said yeah he says to the
you have to be a to make sure there's no
on the
but then you have to be a and that's the
concern the concern of
and
is always that there might be a
so the
question is why is
better because there is also be a so he
says
you're right
that just like
as it relates to
you can have an
as it relates to the
also but. Being that it's
Muslim so there is no
being that there's again there's a lot
more to be
but the income my car
is makes us dumb
if somebody does
with a car he's also
says. It's not only it's well I mean
what's the to that says the mission so
we have the following
it says with regards to
down
the issue who
so that's speak out some rate on this
not tonight but we're going to we're
going to speak out some rate on down the
issue who down exactly what that means
but [snorts] for now the words
the says
very simple what does that sound like
sounds like to me so down
is not the but. Down
the says that's how you know that if
somebody
is going to be
not from the
but a few later from the
it says
why
the
says the
why is
the words do with the
small
so you get from down what does he use
the
because
if we were to say
you would have thought this is a Then
you would think the only time you the
hot is if you my love
a and
all is
all there
all there but
has no if he uses to teach me
how does he know the not with the
it says
it
it sounds like you have to bring an and
to be one carbon washing that's enough
what does he do with
and
I'll
my car
is in the we'll get to that but for now
there's a they only if you're Suggests
it's a
but
how do you know you have to be
if he uses and
to tell me
says the
mission
says also
also washing
what does he do with
he uses it also to tell me that you have
to be my love a
then why do you need two to tell me you
have to be my love a and
and
the
one to tell me if you did the with the
one to tell me if you did the
with the name. And then you when you my
love a hot the is you're not
if you were my love a hot and also one
to tell me that if you did the with the
and you were my love a hot that you're
not to the
one thing you see clearly.
In these that we're learning now that
there is a fundamental difference
between a a my love a hot where you were
my love my car is
versus a my love a hot when you were my
love something that was even though the
starts
I have
you have if you my love
but you see there's a a fundamental
difference it keeps on coming up in the
either [snorts] way the says I'll prove
it to you from a
that what the
uses
and
I say both to teach me this
I would think.
I would think with the you should be
meaning maybe the only time there's a
that if you my love a
you're is if it was
that you were my love but if it was
that you were my love I would think you
have to
so you
then you
the
who used
he only has
to teach me.
That you're for being my love a
how does he know that you're
if you were my love
and if you were my love
says the you're right
my car is
you will be if you my love
my car is of my car is the only time
there's this that you're not if you my
love
is if it in fact was
the
question
the question was how do you know
this is how you. Click is
>> [snorts]
>> it's learned out from
all you
in the parsha Allah's oy, is the rabbi
says Rabbi Shmuel says it's learned out
from dam shofach that's in the parsha of
shchutei chutz. The gemara said what is
Rabbi Shmuel doing with Rabbi Akiva's
oy? That was this first gemara. Now we
do the second part of that. What does
Rabbi Akiva do with Rabbi Shmuel's dam
shofach? Says the gemara
the rabbi's shchita coming to tell me
that if somebody shachts an oy he's
going to be chayiv. That's a little bit
of a chiddush. The reason is because if
you look in the passuk the passuk is
very clear. The passuk says ish ish mi
bais Yisrael asher yishchat shor oy
kesev oy ez b'machaneh. It says a shor
oy kesev oy an ez. An ox, a sheep or a
goat. It doesn't say a bird. It doesn't
say an oy. But dam shofach is the
rabbi's oy. Rabbi Shmuel how does Rabbi
Shmuel know that? May oy asher yishchat
because that's the passuk that says ish
asher yishchat shor oy kesev oy ez
b'machaneh. It continues it says oy
asher yishchat michutz l'machaneh.
What's that other oy asher yishchat?
Says Rabbi Shmuel that's how I know.
That's how I know. Oy if Rabbi Akiva
amalachah
asher yishchat chayiv al oy. You know
what the oy asher yishchat is coming to
teach me you're only chayiv if you
shacht an oy. You're not chayiv if you
do melikah on an oy which is a chiddush.
You would think certainly if you do
melikah b'chutz you should be chayiv
because that's what you're supposed to
do with kotzim. You're supposed to do
melikah. No, you're only chayiv for
shchutei chutz.
Even though it's kotzim if you shacht an
oy you're not chayiv if you do melikah
with an oy. Rabbi Shmuel nafka mina
d'avar. He knows it from zeh hadavar
that the Torah says right in the
beginning of the parsha shchutei chutz
the word zeh hadavar that's what teaches
me. Zeh hadavar. I'm talking about
shchitah only for shchitah you're
chayiv. You're not going to be chayiv
for melikah. The Torah learns out from
asher yishchat in the shocheit beheima.
Shachat oy min al oy tam u'malo oy asher
yishchat. Yochal af melikah. I would
think melikah as well if it didn't want
asher yishchat melikah um asher shchitah
d'ein derech sheva b'fnei chayiv. Mal
d'shchitah that you're not supposed to
do with kotzim. Right? What's the derech
sheva b'fnei with an oy? Melikah. So you
see you're chayiv melikah sh'derech
sheva b'fnei you're not chayiv. Tam
u'malo zeh hadavar. Rabbi Akiva
amalachah Rabbi Akiva says oy b'yaley
d'zeh hadavar. He uses zeh hadavar for
something else. He needed for zeh
hadavar
sent you to gemaras in shas where the
gemara learns out different halachas
from zeh hadavar from the words zeh
hadavar. Either way so what's the makor
to a zoreik b'chutz that's chayiv?
Machlokes d'Rabbi Shmuel u'Rabbi Akiva.
According to Rabbi [snorts] Shmuel it's
learned out from dam shofach in the
parsha of shchutei chutz. According to
Rabbi Akiva it's learned out from oy oy
zavakh in the parsha of Allah's. The
gemara continues what is learned out
hakoymeitz v'hamechabel chutz patur. If
somebody does k'miza b'chutz or if
somebody does kabalah b'chutz he's
patur. Min al oy and how do you know
that? Says [snorts] the gemara min al oy
and how do you know he's patur? Mechtzei
achayiv. How do you know he's shayin
b'chayiv? Doesn't say it in the Torah
anywhere. So why would you think chayiv?
The gemara says now I'll tell you why
you would think it's chayiv because
[snorts] teisi mishchitah. Maybe learn
it from shchitah. Maybe say that if
you're chayiv for being shocheit b'chutz
you should be chayiv for doing k'miza
b'chutz or you should be chayiv for
doing kabalah b'chutz. The gemara says
you can't learn from shchitah because
mal d'shchitah shekein posel l'shlo
l'shum Pesach. If you remember from the
very beginning of the zachor every
avodah is unique and as a result very
hard to learn one avodah from another
avodah. That's why when the gemara
learned out halachas of shlo l'shum the
gemara always come out to a hekeish or
because as a regular mamad you know
you're going to stop your toe. It's very
very hard. There's too many unique
characteristics to each avodah which
make it difficult to learn one avodah
from another avodah. So the gemara says
that you can't learn from shchitah
not k'miza and not kabalah because
shchitah's unique that if somebody
shachts a korban Pesach and he has in
mind shlo l'shum oy chulav it's a
machshavah pisul. The only time the
machshavah shlo l'shum oy chulav posel
is shchitah. You don't find it by any
other avodah. That makes it unique so
you can't learn from there. The gemara
says teisi mizrikah. Okay, maybe learn
it from
zrikah. We just said that zrikah is also
chayiv zrikah b'chutz and by zrikah you
don't have this halacha of shlo l'shum
oy chulav. The gemara says mal d'zrikah
shekein zoreik chayiv al misah. Zoreik
chayiv misah. But the gemara says teisi
mebeinayim. Why can't you learn it from
both of them? Learn it from a tzaddah
shavah between shchitah and zrikah.
You're going to tell me mal d'shchitah
you have a psul shlo l'shum oy chulav.
I'm going to tell you zrikah d'cheich.
Mal d'zrikah shekein zoreik chayiv al
misah. Shchitah d'cheich. Shchitah's
shayin b'psul. So learn it from a
tzaddah shavah. So the gemara says
there's no tzaddah shavah. You know why?
Because im kein loyoim b'zrikah v'teisi
mebeinayim. Why did we need psukim
markei d'islei markei d'islei Rabbi
Akiva u'Rabbi Shmuel to tell me that a
zoreik b'chutz is chayiv? Why can't I
learn zoreik b'chutz from a matzah?
What's the matzah? The gemara works
through it. Teisi mishchitah. You're not
going to be chayiv you can't learn
zrikah from shchitah because mal
d'shchitah shekein posel l'shlo l'shum
Pesach. Teisi meal oy. But you can learn
from al oy. No, mal d'al oy shekein yesh
b'mincha. There's al oy by mincha.
Which you don't have by a regular
korban. But the gemara says teisi
mebeinayim. Why can't I learn from a
tzaddah shavah? You learn zrikah from
shchitah you'll tell me mal d'shchitah
that you have shlo l'shum oy chulav.
I'll tell you al oy d'cheich. Mal d'al
oy you have by mincha I'll tell you
shchitah d'cheich. You don't have
shchitah by mincha. A tzaddah shavah
d'shnei hadavar d'shnei chiyuv. Say the
same thing by zrikah. Lo yitzrach
l'meimad oy asher mebeinayim. From the
fact that the Torah needed a limud from
zrikah that's a rayah that tzaddah
shavah doesn't work. In other words the
gemara is the kasha how do you know that
a koymeitz b'chutz and a mechabel
b'chutz is patur? Why would you think it
should be chayiv? You could learn from a
tzaddah shavah from shchitah and zrikah.
Enfit the gemara from the fact that the
Torah needed a makor by zrikah that's a
rayah you can't learn from tzaddah
shavah. Because if you could learn
k'miza and kabalah from a tzaddah shavah
then learn zrikah from a tzaddah shavah
as well. Why did the Torah need to tell
me anything by zrikah? Elo mai? From the
fact that the Torah told me zrikah
that's another way it's a roundabout way
of saying that you can't have a tzaddah
So in other words we learn two things
from the parsha of zrikah. What's the
makor to zoreik b'chutz in the Torah is
machlokes d'Rabbi Shmuel u'Rabbi Akiva.
According to Rabbi Shmuel it's learned
out from dam shofach. According to Rabbi
Akiva it's learned out from oy zavakh.
But regardless if that limud teaches me
two things. Number one it teaches me
that a zoreik b'chutz is chayiv. Number
two it teaches me that a koymeitz
b'chutz and a mechabel b'chutz is patur.
From the fact that the Torah needed to
tell me a zoreik b'chutz is chayiv and I
couldn't have learned it from a matzah
one of the yud gimmel middos she Torah
teaches from that's a rayah that for
some reason we can't use matzah for this
parsha of chutz
and therefore I need a makor for any
avodah. I don't have a makor for
koymeitz. I don't have a makor for
mechabel. Thus a koymeitz and a mechabel
b'chutz are going to be patur. So again
we have a machlokes d'Rabbi Shmuel
u'Rabbi Akiva what's the makor to zoreik
b'chutz is chayiv? According to Rabbi
Shmuel it's learned out from the parsha
of shchutei chutz. According to Rabbi
Akiva it's learned out from the parsha
of Allah's. That is the segway to the
next gemara. A g'mach gemara Rabbi
Avahu. Rabbi Avahu said shachat v'zarok.
If somebody did shchitah b'chutz and
zrikah b'chutz he did it b'shogeig and
he did it b'helem machas. So does he
bring one chatas or does he bring two
chatas? Said Rabbi Avahu very nice. That
could be a little bit of arithmetic.
V'divrei Rabbi Shmuel chayiv chatas.
According to Rabbi Shmuel you're going
to be chayiv only one. Why only one?
Because shchitah and zrikah are learned
out from the same parsha. How do I know
zoreik from the words dam shofach that
the Torah says in the parsha of shchut.
So being that zrikah is learned from the
parsha of shchitah it's one shem with
regards to the chatas. Therefore b'helem
machas it's going to be one chatas.
V'divrei Rabbi Akiva chayiv shnayim.
According to Rabbi Akiva you're going to
be chayiv two. Because according to
Rabbi Akiva how do I know zoreik from
the parsha of Allah's? So I did shchitah
and Allah's. You're going to be chayiv
two. That's the first mishnah. Asher
shachat b'chutz is chayiv shnayim.
Abaye Abaye argued. Abaye says not true
Rabbi Akiva chayiv al achas. Even
according to Rabbi Akiva you're only
going to be chayiv one.
Why? According to Rabbi Akiva you did
say
you you you were over two parshas. You
did the parsha of shchitah and the
parsha of zrikah. Said Abaye it's based
on a passuk in parshas zreih. I'm not
going to read the passuk it says shom
reading the whole passuk shom talu
sachah v'shom tasah kol asher anochi
metzavcha. The Torah is talking about
chutz and the Torah mentions Allah's and
then v'shom tasah all the other asiyas.
Achas v'achas l'kula v'l'achas. The
Torah lumped together all asiyas other
than Allah's. Shchitah and zrikah
therefore come together. If they're
lumped together if you do them both
b'helem machas you're only going to be
chayiv once. Zoreik d'helem. What if you
did zrikah and Allah's? So the first
case was you did shchitah and zrikah.
Now you did zrikah and Allah's. So says
the Rabbi Avahu it's going to be the
same cheshbon. V'divrei Rabbi Shmuel
Rabbi Avahu according to Rabbi Shmuel
you're going to be chayiv two because
zrikah is learned out from the parsha of
shchitah. Allah's is a separate parsha.
So two parshas two shemos two shemos two
chatas.
V'divrei Rabbi Akiva en chayiv al achas
because zrikah's learned out from
Allah's. So maybe only going to be
chayiv one. Abaye Abaye argued here too.
Said I feel that Rabbi Akiva chayiv
shnayim. No, even according to Rabbi
Akiva in this case he's going to be
chayiv two. Keep keep on going
Abaye keeps on going forget from above.
He says over here even according to
Rabbi Akiva you're going to be chayiv
twice. You know why?
Shom talu v'shom tasah. When the Torah
said shom talu v'shom tasah the Torah's
telling you Allah's and everything else
is always separate. So even though
zrikah's learned out from the parsha of
Allah's but as it relates to the amount
of chatas you would have to bring if you
did them both b'helem machas it's going
to be two because there's always going
to be one for the Allah's and there's
going to be one for everything else.
What if it was shachat v'zarok d'helem?
What if you did all three d'helem
machas? You had a rough day. But you did
all three d'helem machas. You did the
shchitah the zrikah and Allah's.
V'divrei hakol chayiv shnayim. According
to everyone you're going to be chayiv
two. Why? According to Rabbi Avahu
you're going to be chayiv two because
it's mon of shach. Either zrikah's
included in shchitah or it's included in
Allah's. So you end up having a shocheit
v'amalo b'chutz. So mon of shach you're
going to be chayiv two. And even
according to Abaye in this case you're
going to end up being chayiv two.
Because what was Abaye's hakdarah? Shom
talu v'shom tasah. You're always chayiv
one for Allah's and then one for
everything else. So over here you had
the Allah's and then you had the
shchitah and the zrikah which is another
one. At the end of the day mon of shach
you're going to end up being chayiv two.
Before we go further one more
and that is so again the topic of perek
amalo is is vayikra perek
and the over there discusses the of
and then the
two separate parishes in the Torah. The
Torah connects the parishes with the
letter
it's above most of all in
but there's a parish of
and there's a parish of
and what's the parish of someone has a
carbon and it doesn't matter what the
carbon was as an
we saw it could be an
it doesn't matter what it is and he
says it
The Torah says he's chorus if he does
the he's
a parish
that goes into the weeds of this
but the bottom line is this person is
going to be chorus. It's interesting
when you begin the parish parish parish
parish says as follows by
>> [snorts]
>> listen
I should
show a couple
So again yet we base Israel that says
But he didn't bring this animal that he
said that as a carbon that
the
whole
there is why it's so bad because you're
going to do this you're going to end up
doing
Rashi right in the beginning of the
parish it says
Awesome it happened. This parish is
discussing
She
Rashi has a deer
carbon so you see we're talking about
it's amazing Rashi needed to comment
right in the beginning of this parish
that when the Torah says if somebody
says an animal is
we mean
so Rashi the
my cousin and them
How do I know that because I have a deer
it says later the carbon we're clearly
talking about carbon that's how I know
that this is discussing carbon but if
somebody carbon a body is not going to
be carbon that the reason Rashi had to
speak it out is because it's not in the
possible it's only based on a on a deer
Rashi says but really when the Torah
mentions the issue
it says
I should
show a couple of
well
he didn't bring it as a carbon it would
maybe it was carbon how do you know it
was carbon?
How do you know it WAS CARBON? SO IT'S
NOT BEFORE US ANYWAY but the whole
parish schmucks and carbon and as a
result says Rashi when the Torah says I
should carbon
the emphasis however that in the
show of micro of the possible it's not
that way and you could have just as
easily learned that the Torah says that
anytime a person says anything even
outside of the
he's going to be carbon why because what
you're supposed to do is in this case
where it's being
and then bring it into where it's carbon
then just bring it where it's being and
then bring it but maybe when the Torah
says it says it means even for
that's what Rashi's coming to address so
Rashi's not the way
but the reason Rashi needed to address
it is because it's not
in the possible and you could have very
easily learned the parish in the Torah
that the Torah saying that even someone
that says
will be carbon that if you take a look
at the of the Torah argues with Rashi
the says
I believe that
in the parish of carbon
is that the issue
is true even for
that if somebody would say carbon
and rather than be
and bring it as a carbon he would say
I'm going to make a barbecue it's Sunday
it's the middle of the summer it's an
nice weekend right
and that's what I'm going to do he'd be
you're not allowed to do that that's
something you're not allowed to do so
what do you mean you're not allowed to
do that then what's
what is
all about
the
shot in the possible is based on
Rabbi
in the
cooling that pays I don't know what it
is where Rabbi famously said that the 40
years that the were in the midbar they
were not allowed to eat tiger tiger
means
a good old fashioned steak dinner it's
not something they were allowed to do
and if you wanted to eat a piece of
flesh you had to bring a carbon and then
there was a that was not allowed
that's the way you were able to eat meat
but there was an issue to eat tiger says
the
that the parish possible shot in this
parish it's very much more
than I think that the way Rabbi would
have learned this parish is not like
Rashi says
but rather we're discussing and the
Torah said that for the 40 years in the
midbar the issue
was true
carbon and
in other words everyone knows
everyone that ever learned
knows
that there was an issue tiger for the 40
years in the midbar but nobody ever
that if somebody would have said
a cooling not in the midbar during the
40 years in the midbar he'd be carbon
that I'll say that my parish is talking
That's the parish
and if you look at Rashi in the cooling
that the base Rashi says in the first so
the bottom line is says the
that I think there's another way to
learn this
and that is that the parish is
discussing not only carbon but even
cooling and it's going with
who says cooling that the
base that there was an issue tiger for
the 40 years that the
what happened was the ended up going
into
when they ended Israel there the Torah
says very clearly that tiger was
then the cooling changed then the
cooling was no longer relevant for
cooling now it's only
carbon but the point is when the were in
the midbar it was true not only for
carbon and that's why the Torah mentions
it Torah is very
Torah doesn't say that it's Rashi so
it's awful the my cousin and them in
other words
Rashi was being
the possible according to the that holds
that there was no issue tiger for the 40
years that the were in the midbar and
that's really Rabbi in the cooling that
pays I don't know what it is the is
being the possible like Rabbi
in the cooling that pays I don't know
what it is who holds that there was an
issue tiger I saw in the 9 the Torah the
he's very bothered by this he says we
know Rabbi and
whatever there's Rabbi and Rabbi
the is always like Rabbi
so if the is always like Rabbi
then why would the be
the possible like Rabbi who holds there
was an issue tiger I think Rashi's right
kind of the
Rashi says
my cousin and them meaning it's only
carbon even when the were in the midbar
it's probably because Rashi wanted to be
like Rabbi
it's not my so what happened when the
were in the midbar it's at this point
it's a historical fact that has
significance among this but it's not in
right but kind of the
you would think that
if there was such a thing with Rabbi
isn't that what Rabbi means so the whole
Rashi is correct for saying
my cousin and them because there was no
issue tiger why is the being
like Rabbi
he says
something only the could say he says
that if you look in the Russian when he
says why he thinks shot in the possible
is much more like Rabbi
he says
issue
of
the
coming
more like Rabbi
he has a whole lot of very long
he says he has different how God the and
the are more much more like Rabbi there
issue of
the coming
he says it's true Rabbi
but we also know the says in the and and
it's in
a few places in
where Rabbi was
in
and Rabbi
turned to Rabbi he said Rabbi
talk with Rabbi
more like
go better to the holiest and Rashi says
in the and then the paragraph
that Rabbi had a tremendous in they
didn't have the same how God
he says that's
the Rashi says my cousin and them
the
he felt that when it came to the
the of what happened when the were in
the midbar for 40 years was there an
issue tiger this is not a
in
when it comes to the
how Rabbi and
when it comes to
the
when it comes to
to
to these types of
then the rule of Rabbi doesn't apply How
do I know that says the that's the
that's
the
Rabbi
so there we're discussing how God when
it comes to how God it's not how it's
going to be like Rabbi
but the question is something else what
changed why when the were in the midbar
for 40 years why when the was there an
issue tiger according to Rabbi then the
come to Israel and meet them all they
come to they're allowed to eat tiger
what changed so the already asks the
question the says what happened was when
the were in the
when the midbar they lived around the
carbon
and being they lived around the
what's the big deal you want to eat
steak for dinner tonight go to the
what's the big deal once you do Israel
you know you're living on one side of
the country you're going to have to
travel from sea to shining sea to go
have a dinner it's not going to be so
simple right so so already the says the
are very much more that way the Torah
says
that when there's going to be this
that's when this is going to apply so it
was all because of the fact that the
Eden
and as a result it was more challenging
to be able to go to the
it was because of that that the that all
of a sudden we had no choice very
practical so to speak at that now there
can't be an issue tiger anymore but if
you do
this is a new era the
what we call a classic
Rashi
that the Torah says very very clearly
it's one of the things of
the why is it to say carbon for years
because once upon a time the were in the
desert it's when the were in the desert
it was terrible we need to make of the
desert so we say that only could you not
be shochech Avodah Zarah, but you can't
bring any carbon to any deity, even to
Hakadosh Baruchu outside, because once
you start bringing further Avishter, one
thing is going to is going to lead to
another. And from that standpoint, the
reason why Rebbe Shmuel held it was an
issur basar b'chalav, the way the Ramban
explains, is it's the same thing. That
not only can you shochech carbon, don't
even shochech chullin. We don't want a
person standing with a
chalif next to a a beheima, because
we're afraid it may bring We're afraid
that it's something that may lead to
Avodah Zarah.
We're afraid that it's something that
may lead to Avodah Zarah. Says Rebbe
Simcha, we all know the Gemara. The
Gemara says that it's really a pasuk in
Sefer Ezra. When the Yidden came up,
when Ezra came to Eretz Yisrael, the
pasuk says "Vayas asukos", that they
built sukos as they also made Mi Moishe
Rabbeinu. It was the first time the
Yidden brought sukos from the going back
to the times of Yeshua bin Nun. And the
Gemara says "Is that possible? What
Efsher by Yeshua and Dovid and
They didn't build the sukah mamash till
Yeshua going back to Yeshua bin Nun. The
first time they made a sukah was in the
times of Ezra says the Gemara. The pasuk
doesn't mean that. What it means is they
were davening and they were mevatal the
yetzer hara of Avodah Zarah.
As a result, they were magen on Klal
Yisrael like a sukah's magen. Schach is
magen on Klal Yisrael, protects you from
the sun. In that same vein, the Yidden
with their tefillos were magen. Ezra
went and he davened to the Anshei
Knesses Hagdolah. The Gemara knew more
than the Gemara in Sanhedrin. And they
were finally mevatal the yetzer hara of
Avodah Zarah. And because they were
mevatal the yetzer hara of Avodah Zarah,
they protected the Yidden like the
Schach protects from the sun. That's
what it means "Vayas asukos asher lo asu
Mi Moishe Rabbeinu." Says the Gemara,
there was a taina on every leader in
Klal Yisrael dating back to Yeshua bin
Nun. Why didn't they do the same thing?
If Yeshua bin Nun would have davened to
mevatal the yetzer hara of Avodah Zarah,
they would have been mevatal the yetzer
hara of Avodah Zarah. Dovid Hamelech
could have done it. Hamelech
could have done it. There would have
been no korban Beis Hamikdash. They we
could have spared so much tzaros. And
there was a taina on every leader. Why
didn't you daven for your nation, for
Klal Yisrael like the Kohen Gadol with
the with the with the retzei'a who's
supposed to daven in the in the lifnei
lifnei lifnei Hashem
Right? All that Why there was a taina on
every fake Gemara. Why only going back
to Yeshua bin Nun? Why not go back to
Moishe Rabbeinu? Moishe Rabbeinu was the
first leader of Klal Yisrael. If there
was a taina on Yeshua and every leader
therefore there too after, why wasn't
there a taina on Moishe? And the Gemara
says "Shmuel Levi had no b'schus Eretz
Yisrael." Moishe Rabbeinu never entered
Eretz Yisrael. And because he never
entered Eretz Yisrael, he didn't have
the koach tefillah that Yeshua bin Nun
had. Moishe Rabbeinu was the shamesh to
Yeshua bin Nun's levana. But at the same
time, Yeshua bin Nun had schus Eretz
Yisrael. And there's a special schus
that Eretz Yisrael has when it comes to
tefillah. Schus of the Eretz Yisrael.
There was no taina why Moishe Rabbeinu
wasn't mevatal the yetzer hara of Avodah
Zarah, because it wasn't something he
was ever going to be able to do. Yeshua
had the koach tefillah of schus Eretz
Yisrael. It was going to be possible.
So, listen to the charifus of the Rebbe
Simcha. Says Rebbe Simcha, when the
Yidden were in the midbar, they had no
way of getting away from the yetzer hara
of Avodah Zarah. There was no out. There
was no option. There was no get out of
jail card. There was nothing they could
have done. There was no tefillah that
could have worked. Moishe Rabbeinu's
tefillos weren't going to work. Cuz in
chutz la'aretz, it's a different
relationship with the Avishter. It
wasn't something that was going to be
possible. As a result, we needed more
harchakos for Avodah Zarah. That's why
the Torah says "Schutei chutz is assur."
Nishnal dem, even basar b'chalav IS
ASSUR. YOU CAN'T GO NEAR AN ANIMAL WITH
THE MASER. YOU KNOW WHY? Because you're
going to go back to worship the devil
like you did when you were in Mitzrayim.
It's not Once the Yidden entered Eretz
Yisrael, now they had schus of Eretz
Yisrael. Now it was possible to get out.
They didn't need the same level of
protection as they had when they were in
the midbar. Being that they didn't need
the same level of protection, now we're
ready to kiss chaneitz chageinu. We
don't need the same level of harchakos.
So, now schutei chutz is going to be
assur, but basar b'chalav, now basar
b'chalav is already something you're
allowed to shochech. Says the Gemara
"Va'yitzei tanura b'non." So, when the
Torah talks about schutei chutz, so the
Torah mentions very interesting. "Ish
ish mi Beis Yisrael asher yishchat kesev
o ez b'machaneh
oi asher yishchat michutz la'ohel." So,
if you shochech b'machaneh or michutz
la'ohel, what does that have to do with
schutei chutz? So, it means you're not
allowed to shochech outside of the
Azarah. But we know the maskana. We know
the emes. But when the Torah mentions
it, it says "Either you did it
b'machaneh or you did it michutz
la'ohel." Funny lashon. Says more tanura
b'non b'breisa "Michutz la'machaneh
yochal chutz l'sholosh machanos." I
would think that when it says "Chutz
la'machaneh", it means chutz l'sholosh
machanos. What's the rest of the story?
So, the Gemara in the end of last week,
where the Gemara discussed that the par
hamen asher chata were burnt chutz
l'sholosh machanos. How do I know that?
Because it says "Chutz la'machaneh." So,
chutz la'machaneh sometimes means chutz
l'sholosh machanos. So, from the word
chutz la'machaneh, I would think that
the only time you're over is if you do
it chutz l'sholosh machanos. So, for
example, outside of Yerushalayim What
What are the sholosh machanos? Machaneh
Levi'im and Yisrael. Again, this was all
the end of last week. So, chutz
l'sholosh machanos would mean outside of
Yerushalayim. "Tamar lo yimar oi eis
b'machaneh." No, even if it's in the
machaneh, you're going to be oi you're
going to be chayav for schutei chutz. It
doesn't have to be chutz mi'sholosh
machanos, cuz even if you're in a place
that's called machaneh, so you're going
to be chayav. Okay, even machaneh. How
did I just say "B'machaneh yochal"? I
would think
"Asher yishchat ohel b'darin." Maybe if
somebody shochat an ohel b'darin, kodesh
kodashim kodesh kodashim b'tzofin. If
you shochat an ohel b'darin, maybe that
would not be a chayav. "Tamar lo yimar
oi michutz la'machaneh." Machutz
la'machaneh yochal she'eino shochat
kodesh zevach. The place of machaneh has
to be similar to a place of chutz
la'machaneh. It doesn't like chutz
la'machaneh literally means chutz
l'sholosh machanos. Like it means by the
par hamen asher chata, which means it's
a place where you're never allowed to
bring any carbon. There's no carbon
whose din is outside of Yerushalayim.
So too, the machaneh has to be a place
where there's never a din to bring a
carbon yotzei darin. So, even if you
shochat kodesh kodashim or kodesh
kodashim b'tzofin, so darin can't be a
place where you're going to be chayav.
So again, it doesn't have to be chutz
l'sholosh machanos, but at the same
time, if you're in machaneh Shchinah, if
you're in the Azarah, even if it's
kodesh kodashim that you shochat
b'tzofin, then you're going to be patur.
What's the bottom line? When are you
chayav? You're chayav if you shochat
outside of the Azarah. Amar Rava
"Shochech al gag heichal." If somebody
shochat on the roof of the heichal, he's
chayav. "Ohel ohel ein ro'eh l'shchitas
kodesh zevach." The roofs, the gagos of
the Azarahs and the were not mekudash.
As a result, even though you're on the
roof of the heichal, so technically
you're in the airspace of a makom
kodesh, but the gag didn't have kedusha.
The question is if somebody shochat on
the gag of the heichal, is it now like
you did a schutei chutz you're chayav
kores? Or not? It's not a kosher
shchitah. But it's also not going to be
chutz. That's what Ulla came to address
this shaila. Amar Rava "Asher yishchat
al gag heichal, chayav. Ohel ohel ein
ro'eh l'shchitas kodesh zevach." And the
reason is because you're not allowed to
shochat. This is considered chutz
l'sholosh machanos. Ask the Rabbis the
kasha. "Nichtav korban machaneh michutz
la'machaneh. V'lo ba'el Pesach ohel
mo'ed."
When the Torah says that schutei chutz
is referring to machaneh michutz
la'machaneh, we pretty much set up. We
now know what schutei chutz is. Why does
the Torah have to go further and say
"V'lo Pesach ohel mo'ed"? You didn't
bring it into the ohel mo'ed. What's
that mosif? "V'lo Pesach ohel mo'ed lo
yivi'ehu." Says Rebbe Lavin with the
gag. I think it was coming to my gag to
tell me that being that how did you get
to the roof of the heichal? You went
ohel Pesach ohel mo'ed. So, being that
you went ohel Pesach ohel mo'ed, maybe
it's coming to tell me that you're
patur. So, Ulla said that if somebody
shochat al gag heichal, he's chayav.
Tainus Rava, I think the words "Ohel
Pesach ohel mo'ed" is coming to teach me
that you're patur. Cuz what's ohel
Pesach ohel mo'ed coming to teach me?
It's probably coming to teach me that
the only time you're chayav is if it was
ohel Pesach ohel mo'ed Levi'im. But
being that to get to the roof, you went
ohel Pesach ohel mo'ed presumably, or at
the very least you're within the you're
within the ohel mo'ed area. So, say
"Eish nishal Pesach ohel mo'ed Levi'im."
So, I think those words of the Rabbis
that you're going to be patur. But the
Gemara says "Ulla and Rava, if Rava
holds that the words 'Ohel Pesach ohel
mo'ed Levi'im' is teaching me
that anytime you shochat outside of the
ohel mo'ed, you're going to be patur. In
kein nichtav ohel Pesach ohel mo'ed
Levi'im. B'machaneh ohel michutz
la'machaneh ohel mo'ed. Why did the
Torah say b'machaneh ohel michutz
la'machaneh?" So, says the Gemara "I can
spin it differently. Lav lav suei gagai.
Maybe b'machaneh ohel michutz
la'machaneh, which is being mosif in the
issur is coming the Rabbis that gagai
should be assur." Meaning Rava's
methodology that ohel Pesach ohel mo'ed
Levi'im is a is is a is a mar makom in
the literal sense. It's telling me where
schutei chutz takes place. Outside of
the ohel mo'ed, that's where schutei
chutz is. Then [snorts] why did the
Torah have to tell me b'machaneh michutz
la'machaneh? What do I need the whole
limud b'machaneh michutz la'machaneh
michutz l'gimmel machanos? If maybe
darin ohel Pesach ohel mo'ed Levi'im.
It's very simple. If it was outside of
the ohel mo'ed, that's when you're going
to be chayav. So, if anything taina is
the Gemara b'machaneh michutz
la'machaneh now is extra and it's
l'rabois. I think it's l'rabois issur to
be marbeh gag like Ulla. Amar Rebbe Ulla
"Oi." I agree with your kasha. Ohel
Pesach ohel mo'ed Levi'im is in and of
itself a makom to the to the makom of
schutei chutz. Therefore, I don't need
b'machaneh michutz la'machaneh, which
means it's coming the Rabbis, but it's
not the Rabbis' gag. It's the Rabbis'
something else. Let's see what the
Gemara says.
What if the animal was inside, but the
neck was sticking outside? Are you
chayav or patur? It's the Rabbis that
you're chayav. The Gemara says "Tzavar
b'chutz p'shita." "Am I k'par Rachmana
ashchitah shchitah b'chutzei?" If If the
tzavar was b'chutz, why would Why Why do
I need a pasuk to tell me you're chayav?
Of course you're chayav. Elo asu kulo
b'chutz v'tzavar b'chutz is just the
opposite. What if the animal was outside
and the tzavar was inside? You would
have thought you should be patur being
that the tzavar was inside. Kamah shma
lan? Being that Reuven animal is
outside, you're going to be chayav.