בענין שמואל מורה הלכה בפני רבו הי׳

one aura regarding shchita lav avoda here. Now, to be clear, the topic of shchita lav avoda here is a topic that comes up a lot in Massekhes Zevachim, but it's also a topic that comes up in Sha'ar Mecho'en Mo'es in Talmud Bavli, and it's something that we've spoken about many times over the years. But the in-base Medrash Belei Chiddush, and base Hashem, over the next few dafin, think it's kedai and gishmak to talk about different aurus related to this noisa of shchita lav avoda here. The Chasam Sofer in a teshuvah, this is in Yoreh De'ah, teshuvah sameach tes. He brings a kushya a flaw besheim kadmo'in and it's a kushya that's very much related to the sugya that we're learning shchita lav avoda and requires a tiny bit of an introduction. The Gemara Massekhes Berachos daf lamed alef amud bais says that Chana of Mafter Chana Fein, after she was benched with a child, Shmuel, so she's standing in front of Eili and she tells Eili the immortal words, "El hanar hazeh hispalalti." Says the Gemara, "What's the rest of the story? Why did Chana say 'El hanar hazeh hispalalti?'" Omra Rebbi Elozar, Rebbi Elozar said, "Shmuel moyra halacha bifnei Rabbo." Because Shmuel was a moyra halacha bifnei Rabbo. She never the possuk says, "Vayishchatu es haparr vayavi'u es hanar el Eili." They shchited the parr and immediately afterwards they brought the child as in Shmuel to Eili. Says the Gemara, "Mishum davayishchatu es haparr hevi'u anar el Eili, what's the connection between these two ideas?" El amlem Eili. Eili told the Kohanim, "Kiru Kohen, go call a Kohen layishchut v'leishchit." So he should come and he should do the shchita. There was a parr that needed to be brought. And Eili was looking for a Kohen to do the shchita on the parr. Chazinu Shmuel, so Shmuel, it's a little boy, and he sees the have a mahaji bas Kohen umishchah that they're trying to find a coin to do the Amru lo hu. why you looking for a coin to do the street to be street is what is up I see what I made today told really? We don't know. Let's see what he has to say so they bring in front of tell me how do you know this I'm a he told him the tell me does it say anywhere in the fish you know what the Torah starts talking about it says me and they you see that it's from the moving forward that you need to have a coin but the not in fact that small that it's bizarre. He said he's saying very good I don't know but you will have to and any person that's is and would that he was going to have to die because of the fact that he was a lot of a lot of and it was not in the presence of the in the presence of as the I that they want to kill her son. She came to come in. She started crying and screaming. She said he says you remember who I am I'm that woman that didn't have a child and you gave a that I'm going to have a child. This is the child. This is the child that you can't take this child away and he said that I'm going to punish this child. I'm going to be I'm going to die for you. You're going to have you're going to have another child that child is going to be even better. I'm going to she said and here's the punchline of this and I know this is this is the child that I die for and because this is the child that I die for. I'm not giving up this child for anybody even for a child that's better than my child parenthetically says on this what was the punchline she's telling Eli, Eli, you're promising me a child that's going to be bigger than this child. You don't understand. This child is an obedient kid. Do you know how many feelers and how many tears I cried for this child? There's no child that you can give me like this that's going to out-stig a child that came through tears. Eli said, "But you this is a child that came through This is a child that came through This child is an obedient kid. There's no child you can give me that's going to be able to outshine this child. But either way, this is member. On this it's from base. It's mentioned that if you go through the inside, there's no remnants to this, right? So if you were holding by you didn't see this story anywhere. In fact, what you saw was that didn't have any children and children and then finally was blessed with a child because Eli was a big shame. She etc. Gives her this and even though the family used to go regular, they used to go for they always did a wasn't a it was right? It was but the point is they used to go up that was always the minute but she waited until got a little bit older. She wasn't nursing her child anymore and then she finally went. And the says that when she went up so it says she came to bring a gift. Right? That's what the she was coming to do. She was coming to be for this incredible gift that she was given by and she came to bring a gift. Right? That's what she was coming to do. She was coming to be for this incredible gift that she was given by and this is her proverbial carbon and the then says that the they did the by you as a Eli that time of I don't need to show her I don't need any of you to service with power and I want you to have a child because I want you to have a and I want you to have the job. There's no room is over here being is a beautiful ending to a what begins as a very very heartbreaking story which he just comes to be but was picking up on this positive that the juxtaposition of those two ideas just seem at first glance to have no one to the other and that's where I will talk about something happened but by the viewers and now all of a sudden he's being judged and they decide he is kind of Mesa and she hears about this and she says that Schmuel was kind of Mesa because he was a block of if I was a little bit sorry for bringing you there and I guess that Maxim oil on the cup asks a kasha that why was Schmuel a block of the rabble by Schmuel telling Ali that you don't need to be a coin to do the heater and he was really stopping Ali from causing a grave sin to be committed. What's that grave sin? The Rambam in the very very end of Hilchos Kilayim that were big Kahuna Schmuel said I would like to even if they're in the base of like they get Marcus McNair because they're wearing the Avnet Schmuel and that was made up of Kilayim for Schmuel to buy I would like to one of the big garden that the Kahuna used to wear was the Avnet. The Avnet had in it Kilayim says the Rambam if a coin would being that one of the big Kahuna is the garden and the garden has Kilayim in it has a lot of it he would get like a the reason he get like is because he's being over the issur kilayim. So, freak developed, if that's the case, Eli thought that shchita had to be done by a cohen. If shchita had to be done by a cohen, cohen was going to do it, and naturally he was going to wear the bigdei kehuna because b'simcha bigdei malachim kehuna otherwise it's a machshava gadol. It's not like it's going to be possible. So, when Eli says that shchita is really an avoda, a cohen is going to do the shchita, he's going to do it wearing the bigdei kehuna. L'fi MS shchita lav avoda hi. And because shchita lav avoda hi, it comes out as shaar b'zar. But here's the point, if shchita lav avoda then even if a cohen does it, a cohen can't be wearing the bigdei kehuna because shchita is not an avoda. If it's not an avoda, the cohen isn't wearing his bigdei kehuna sh'le b'shaa d'avoda. And if he does that, he's over a lav of kilayim. In fact, he's even chiyav malkos. So, if that's the case, what emerges is that when Shmuel said shchita shaar b'zar, no way, don't have a cohen, what he's doing is he's being moyreh. He's being moyreh Eli from causing this terrible aveda. And we know the Gemara says in Eruvin samech beis, and it's paskened in Shulchan Aruch that even though there's an issur to be moyreh halacha l'fi avo lav frusha mei'issura, you're allowed to be moyreh halacha l'fi avo. So, the Sfas Emes says that maximum kashya in the floor, why was Shmuel considered moyreh halacha l'fi avo? He was lav frusha mei'issura because Eli thought that shchita was an avoda. As a result, it required a cohen with bigdei kehuna. And if that's the case, the kohanim l'fi MS were going to be wearing bigdei kehuna sh'le b'shaa d'avoda. And the Rambam's shita is that it's assur, not right. It's chiyuv by the way. But that is the shita of the Rambam. The shita of the Rambam is that a cohen is not allowed to wear bigdei kehuna sh'le b'shaa d'avoda. If that's the case, Shmuel was lav frusha mei'issura. When it's lav frusha mei'issura, there's no problem. There's no problem of being moyreh halacha l'fi avo. Parenthetically, in that shuva from the Sfas Emes, the Sfas Emes says the same yomem like kabirim ikshani talmid chacham. He brings a kasha that he heard from a town that's me Indian in the Indian mission says I'm a sector skating down the base guy should be global make dodge machine and coyote in the base on the maze it is going to be this comes up in the studio of Isaac. has a in a mission admission says I can pick up a mission but may I go to be the town and ask why people in the maze of a beautiful the way that that was done with a possible that comes out it was really not an avoid if it wasn't an avoid that means the that we're wearing the big that came out of the way in the aftermath of wearing a mission if they were the climate the overlap which you have Marcus and we know the rule you're not like a child. So that it says me in the Indian Indian I heard a very similar kasha very good kasha from one of my town meeting the people in the mission why is it not a problem like a mission either way this is the kasha that some say for brains that maximum you want other for this kasha the Malcolm in his asks this kasha and in the opinion of real this is already pretty much the same in the opinion of real attire and purses by he has a whole on this kasha as well but this was a this was a a velvet kasha so I saw many years ago in the safer session in the acre he brings a that's based on from the rugged guy and the college lover guy so two tremendously loyal two tremendously going in Schnitzel with my I just want to be marked them this is a very very good luck and it's double parallel but at the same time two going in and as we'll see soon a third as well went with this to try to answer this kasha but I think it's just to be marked them it for one second and that is another classic Mar Makem in the Sugiya of Shrita Shavusa that we've spoken about over the years is a Rashi Maseches Yevamos daf lamed gimmel amud beis. The Gemara over there is discussing the halacha of einas chalisa and it says quote "Zosha shemeish b'Shabbos a zora that does the avoda on Shabbos yeish kamisha um zorus umisha um Shabbos. He's over the two issurim. He's over the fact that he's a zora that did the avoda. A zora has no business doing the avoda. Additionally, he's over the fact that he did the avoda on Shabbos. And you're not allowed to be doing avoda on Shabbos. So zosha shemeish b'Shabbos is over issur zorus and he's over issur Shabbos. Break the Gemara. Zosha shemeish b'Shabbos m'eimai? What is the case? Which avoda did he do? Ee b'shchita. This feels like literally a Gemara that we've learned in the last 10 days. Ee b'shchita. Is it talking about where the zora did shchita? Shchita b'zole k'sheira. Shchita is kosher b'zole. Ee b'kabalas avoda l'cholah. If it was kabalas avoda l'cholah, told the baal hamoch. Then where is the issur Shabbos? Right? All you're doing is carrying blood. In the worst case scenario, it would be muktza maybe. But more than that it's not going to be. Ee b'haktara. Maybe it's talking about where he did haktara. Zora is not allowed to do haktara. Haktara involves Shabbos. But that's talking about machlokes between Rav Yosi whether havara l'lav yotzei is or havara is l'chali yotzei is. So the Gemara comes out with a case it's talking about where he shchited the par that the kohen gadol was supposed to bring on Yom Kippur. Oh, I came to the Gemara. We just really need the first line of the Gemara. The Gemara says zosha shemeish that he's chayev mishum zorus and he's chayev mishum Shabbos. What's the case? Ee b'shchita. Is it talking about where he shchited? Shchita b'zole k'sheira. Zole tail of Rashi. What does it mean shchita b'zole k'sheira? The ein kan zorus. There's no zorus. Why is there no zorus? Because shchita is kosher b'zole. So he's allowed to do it. Break the shita of Melech. Why did Rashi say shchita b'zole k'sheira the ein kan zorus? He should have said better. He should have said shchita b'zole k'sheira the ein kan zorus. I mean that there's no Zorus, there's no Shabbos either. What would be the issue Shabbos if a Zorus does the avoida on Shabbos? It's because he's not allowed to do the avoida. I mean that he's not allowed to do the avoida, so for him it's a chillul Shabbos. Like Cohen who's allowed to do the avoida, that's machal Shabbos, it's not being machal Shabbos. But a Zorus not allowed to do the avoida, if he does the avoida on Shabbos, he is being machal Shabbos. So fake the Shara Melach was a krashi that if the Zorus shimaish the Shabbos was shita, it can't be why? Because you're telling me chayev Shabbos and you're chayev shzara. And in kind Zorus, because shita b'zara, it's not just in kind Zorus, it's in kind Zorus the in kind Shabbos. Because the way the shita b'zara it does give me a kosher shita. So Shara Melach said that you see from this Rashi a dover nifla. And that is that although it's true that shita is kosher b'zara, but on Shabbos a Zorus would not be allowed to do the shita. On Shabbos you would need a Cohen to do the shita. So it's true that shita is kosher b'zara, but it's not going on Shabbos, it's not going on during the week, but on Shabbos then the Cohen would have to do the shita. And the question is why? What's the chiluk? What's the chiluk? The kama kumas in the shataru to explain and to be miyashiv the swara of Rashi k'fi the way that the Shara Melach was medayek. So enter now the Said the Kos Glov and said the Rogatchover the Ish that in as much as it's true that the Gemara says that shita lav avoida, that just means that shita is kosher b'zara. And if a Zorus wants to go ahead and do the shita, then the Zorus is going to be okay. Aba home mia, if a Cohen is going to be the one that's going to do the shita, then the shita is going to be an avoida. And then it's takka going to be considered an avoida. Shita lav avoida when it's not a Cohen that's doing it. It's kosher b'zara. But if a Cohen does it, now it takes on a new definition. And now already it is going to be considered an avoida. Does a krashi that the only time shchita is kosher on Shabbos is if it's an avodah. If a zol does the shchita it's not an avodah. Being that it's not an avodah, so therefore it's not going to be kosher on Shabbos. So shchita bizor shchita is a reason for inkan Shabbos, but at the same time to tell me that inkan Shabbos no, because the shchita that's kosher on Shabbos is only the shchita that's an avodah. And a zol shchita is not kein avodah. But when a kohen does the shchita then it is an avodah. And being that when a kohen does a shchita it's an avodah, so for that reason it's going to it's going to be okay. So said the name the fizay we can be meyashev the kushyus avodah. The kushyus avodah that the same brings in the same place that we said the Malbim asked in the same place from the Binyan Ariel on Shabbos by Yekum that why was Shmuel by Rebbi Yehuda not allowed to be shochet he was saving this terrible issur. Because the p'eylei that shchita requires a kohen, so a kohen was going to do it, he was going to do it with the bigdei kehuna. And after he was going to do it with the bigdei kehuna, it's going to come out that he's wearing the garitel. Shal avodah avodah, for which he's going to be chayav misah. So right now you're saving him from doing an avodah. The teretz is no, if a kohen does the shchita, the kohen does the shchita, it is an avodah. If it's an avodah then when he wears the bigadim it's not shal avodah avodah. If it's not shal avodah avodah, maybe he even has to wear the bigadim. But it's certainly not shal avodah avodah. And being that it's not shal avodah avodah, so what's going to come out is there's no shal avodah avodah. So for that reason we view him as a Rebbi Yehuda. And being that he's a Rebbi Yehuda, so it's for that reason that he's going to be chayav misah. That is the yishuv to this velt kasha. One more remark that's connected to the shchita too, that is the all are metzayan a peladig Rambam in Pirush on Shnayim this Rambam is in Pirush on Shnayim it's at the very very end of Eruvin where the Mishnah is discussing a halacha regarding in shvus b'Mikdash. So it says as follows, kohen sh'lo b'tzavah, a kohen that has a wound on his finger, kohen all of gami b'Mikdash, if in the base of mikdash, he could put a bandage on it. There's no inyan of refuah b'Shabbos. There's no hilchos Shabbos issue. If you're in the medina, then already it's not going to be okay. Says the Rambam in Perek Shabbos 9. The Rambam's a doctor in addition to being the Rambam, and he says this is something that works. Says the Rambam that when the coin did this, he should be kosher with a piece of a beged. And he could do the avodah. But just make sure, says the Rambam. That this bandage shouldn't be in between your skin and the mizrach from where you did this zrika. Or it shouldn't be between your hand and the knife. So the achronim asked on this Rambam. The Rambam was sensitive in this mishna. Talk about talk to why. In this mishna in Seif Meseches Eiruvin. Because of this But make sure about chaziza. So when you have to be careful. Be careful when you do this zrika. There should be no chaziza on the mizrach. And be careful when you do the shchita. There should be no chaziza between you and the sakan. That's the zrika. That's an avodah. There can't be a chaziza by an avodah. That's halacha in kodshim. But shchita love avodah. So shchita love avodah, what's going on over here? The teretz is it's a coin. Coin to halacha b'tzavah. But that's coin. A coin who does the avodah. A coin does it. Now the emphasis again, this is all very very gishmak. Like we mentioned, it's it's very very mechudash dik. Right? It's very very mechudash dik. But the in base medrash b'lo chiddush, we already spoke out a chiddush. This Rambam in Perek Shabbos 9 is a chiddush. But the in base medrash we had one more chiddush, and that is I saw in the safer of Yivon. From the blue of Rubin. So, he has a little bit of a smooth on this topic. And on page kuf nun zayin, it's on today's daf, yud daled amud beis, he brings an excerpt from the safer Mishmar Halevi, that's from Rav Shulzinger. And this is in Rav Shulzinger's safer on Maseches Megillah. So, this is tucked away Ben Benayahu's tucked away. But either way, this is what he writes. "V'shamati lifnei ka'as v'chamesh shanim." He said, "I remember Rav Shulzinger talking. This was 25 years ago, ish, ago. B'Yeshivas Slabodka Bnei Brak, I was in the Yeshivas Slabodka Bnei Brak. B'shiur shehegidu b'Yeshiva moreh d'kulo muda, Rabbeinu Chaim Halevi Shmulevitz, zichron tzadik v'kadosh livracha, rosh haYeshiva hakdosha d'Mayer." So, Rav Shulzinger said, "I remember it was about 25 years ago, I heard a shiur from Rabbeinu Chaim Halevi Shmulevitz. He was rosh Yeshiva of me." She'zvi az b'nei eemo b'toch ha'shiur, b'emtza pilpulei ha'zocheh otzam v'anam. This is all Rav Shulzinger talking. "B'chiddush he said, quote, that what you do she'eish maila l'shchitas kohen. Af al pi she'shchitas b'zav, it's your duty that it is a maila to the shchita of a kohen, even though shchitas b'zav. May have Rashi of Am Yisrael given on the base, l'havanas ha'shaar ha'melech. Perek 12 beis Mikdash Halachos. V'ha'Beis Halevi, by the way, too. Chelek Beis Mikdash. U'v'zeh meturetz kushyas ha'Malban al ha'Rambam. With this he can yashuv the kasha of the Malban al ha'Rambam. D'ein zela frushim me'isura, d'ein kohen shocheit yachol l'ulbosh bigdei kehuna ad kan l'shonei hakodesh hanichmad v'hanim. So, I'll go in Rav Chaim Shmulevitz, but al kol panim, Rav Chaim Shmulevitz also, the greatest ilui, he was mechaven to this teretz. He didn't say from the Rogatchover or from the Kasha lover. As I lengazed, that based on this Rashi in Yevamos, that They see that as much as share bizarre but there's enough coming in between bizarre and bizarre where do you see that on this you see that bizarre can't do on this is allowed to do on this that means bizarre and bizarre are not the same. If that's the case who is this that is no problem of because the coin is going to be doing the then already it's going to be different. Now the French didn't go so far to say that when the coin does the it's not he just said that you see from in this that is enough coming in there's enough coming in between the bizarre and the bizarre but that that will have a void that means that a bizarre is able to do it. A bizarre could do the that's a but when a coin does it it's a whole different the whole on this that's the biggest in the world that a bizarre can't do the on this the bizarre is not on this but the coin is again love a void he this bizarre but at the same time when a coin does the at that point it's going to be already a different bizarre under say with such a sharp that when a coin does the it's literally going to be considered and I would who you the cushions from and the brothers but you the lotion of the and pierce on the and the end of the there's a lot more to talk about on this topic this was broken down part one but that's a shame we'll get to part two.