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חידוש של הגר״ח בשוחט מיעוט בתרא בבהמה מסוכנת
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Auto-generated transcript. Not time-synced to the video.
Just to end
with one hora
related to a sh'chita ham'sukanes, which
is going to tie into some rate that
we've spoken about recently. I saw in
the Har Tzvi Alshich,
right here in Maseches Chullin, daf
lamed ches, it's really on tomorrow's
daf.
And the source of this Har Tzvi is
really from the Sh'ailos U'Tshuvos Har
Tzvi.
It's in Yoreh De'ah siman tes vav. He
brings a maiseh shehaya kachaya
in the city of Brisk at the time that a
in Rav Chaim Halevi Soloveitchik was
the Rav of Brisk. So there was a maiseh
shehaya kachaya. There was a shochet
who shochted
an animal. He shochted ro'ev the animal
perfect. And then he continued and he
shochted the meat basar of the animal
and he did it b'sh'hiya.
While he shochted the meat basar, the
animal was not m'farkhes. It didn't show
any sign of life.
So Rav Chaim Halevi said that even
though we know that
if someone is shochav meat basar, the
Shulchan Aruch says we're supposed to be
machmir like the taiku of the Gemara
l'fi shitas Rashi that shochav meat
tzimurim is referring even to the meat
basar, but in this case when the animal
showed no sign of life at the meat
basar, it's going to be fine. You know
why? Said Rav Chaim, because that's
poshit. Once you shochted ro'ev the
animal, at that point the animal is
already a m'sukanes.
What's the halacha of a m'sukanes? If
it's m'farkhes and it shows a sign of
life, well then the halacha is we assume
the animal is alive. If however it's not
m'farkhes and it doesn't show a sign of
life, we assume the animal is dead. SO
AFTER RAV CHAIM THAT'S POSHIT THAT EVEN
RASHI'S shita of shochav the basar is a
taiku is going to be a problem. THAT'S
ONLY IF YOU ASSUME THE ANIMAL'S ALIVE.
BUT IF YOU ASSUME THE ANIMAL is dead,
THEN THE SHAVUA MEAT BASAR IS NOTHING.
ONCE THE ANIMAL'S DEAD, IT'S DEAD. THEN
FOR SURE YOU GOT THE RUBA KULA AL YEDEI
DEROY. SO CHAIM SAID THIS CHIDDUSH IN
THE WHOLE CITY of Brisk was tomling
about this chiddush. HE SAID THAT EVEN
though there's a halacha of shavua meat
basar, but at the same time, if he was
shavua meat basar and the animal wasn't
a farches, then we're going to look at
it as if it's bechezkas that it died
already. If it died already, YOU DON'T
HAVE TO WORRY ABOUT THE FACT THAT IT WAS
shavua meat basar. The ra'ui na'as varum
l'mishomro. So Rav Pesach Frank
in his chiddush says
that as much as this chiddush is such a
gishmaka chiddush bidibrei picho
v'cheino, he said but I have two
problems with this chiddush. His first
problem was as follows.
Rav Chaim is assuming that when we say
that an animal that's a misukanes and
then it doesn't show a sign of life,
it's not a farches,
during the shchita, the halacha is not
allowed to eat it. So Rav Chaim is
assuming that the reason is because we
assume that b'vadai it's not alive.
We assume b'vadai it's not alive. And
being that you assume b'vadai it's not
alive, l'chumra to tell me that it's an
aveila, I'm not allowed to eat it. Well,
if that's the case, I would assume
b'vadai it's not alive l'kula as well.
And therefore if you were shavua meat
basar and now you actually want the
animal to have been dead the shchita of
the roif simanim, I'm going to assume
that it was dead already l'kula on THE
SHAVUA MEAT BASAR was not going to be a
problem. Observe Rav Tzvi Pesach is a
much to go azoy weit. Maybe the fact
that the animal was a misukanes and
didn't show a sign of life is not a
b'vadai that it died, but maybe A
MEICHASH MIYUBOI, YOU have to be worried
that maybe it died. So l'chumra to go
ahead and eat it, it's a de'oraisa,
maybe it's an aveila, so we're not going
to let you eat it. BUT TO GO L'KULA TO
be matir a shavua meat basar which
according to Rashi, Rabbeinu Yerucham
that the four shavuas IS ALSO SHAVUA
DE'ORAISA, MEICHASH TEISA we're going to
be matir. Instead, Rav Tzvi Pesach would
say is never going to be going to
and make a taste of the sun. So
I know what the time got it from the
washing of the amber. Of course that's
what the time got it from. It's also a
washing of the sugar order in your day
is you sign save a lot. The sugar order
says and it's a quote for being from the
rambam as
I miss you can ask for like so cloud a
reason of a fellow the like him a lot.
Oh, you get milk. So said WHAT HE PASSED
THAT'S WHAT THE TIME was coming from.
THAT SUGAR ORDER STATE like him a lot.
Like him a LOT MEANS IT'S A DAY OF ME
SO. SO IT'S A DAY OF ME SO NO WASHING of
the washing of the by the way like him a
lot is itself in a way cooler because
you can't just give a person milk.
There's a lot of the washing of the
washing of and all my we assume that if
it's like the animal for sure died even
to give a year milk. Well, if that's the
case for sure that the
knock out of the washing of the washing
of
the washing of the washing of the
washing of the washing of the washing of
the washing of the washing of the
washing it's not going to be a problem.
What he passed says it's not so possible
a lot. Again, the for sure from the
washing of the washing of this is the
but at the same time he says if you take
a look at the garden and the
much is very much with why the
said and it's based on the washing of
the washing of the washing of the
washing [clears throat] of it's you're
so positive that the animal died. MAYBE
IT WASN'T A CUZ IT WASN'T A
>> [laughter]
>> HOW COULD THE FACT THAT LIKE
THE FACT YOU DIDN'T DO SOMETHING that's
a riot that it was for sure dead. Right,
you do something that could be a
positive riot. Not doing something
is usually not considered a riot, right?
But the bottom line is the much is very
much with this and the says that the
only reason that the washing of the
washing of the washing of the washing of
that like him a lot is because really
every single behavior we know is
it's
actually
until you know for sure that it's
and what's the
says the washing of the washing of the
washing of the washing of the washing of
the washing of the washing of the
washing of the washing of the washing of
the washing of the the washing of the
washing of the washing of the washing of
the washing of the washing of the
washing of the washing of the fact that
it wasn't a fact that it's also a
sister. That's why it's going to be like
him a lot. So says Pesach like the Prima
God then where it's only the fact that
because of the
in the war, you don't have the in the
war to be
so over there be on the dinner that it's
not really a war. It's not really a war.
It could be
again. Pesach is not being the party
pooper. He's having a in the order just
like we're all having a in the order. He
just said IT'S A
WAR.
CUZ
IT'S NOT THE PRIMA GOD THEN AND THE
PRIMA GOD THEN SAYS THAT the only reason
we assume it is because it's supported
by the in the war. But that's only true
that's not going to be true
but then Pesach says another war.
This I thought was very interesting and
that is says if you take a look at the
war.
The says why is it that if someone is in
the war
for like a cloud reason
they love a like a Well that's such a
war.
Says the war.
Cuz there's a I don't know that before
the animal died for sure or before the
war
it already died.
The war
is in the war
in the war.
First of the war
the war in this
war
cuz
as soon as it it started experiencing
the war
war
in the war in the WAR
AND FOR SURE IT'S
WAR LEFT BEFORE it the conclusion of the
war arrived. The crazy war say. The war
in the war
in the war in the war in the war in the
war in the war
in the war in the war in the war in the
war in the war in the war
in the war in the war
in the war in the war in the war in the
war The
war in the war in the crazy war
all three said the same thing that the
Hazakah is that before the completion of
the Shchita, it's going to die. Right?
That's the Hashman. The Hashman is
before the completion of the Shchita
it's going to die. If that's the case,
Hazakah what's I'm saying? What I'm
saying as soon as you do roiv, there's
no question in the world at that point
it's already going to be a misakal you
shachted roiv. There's no shaila at that
point that it's already going to be a
misakal. Okay, so if that's the case, if
it's
you're going to have a problem. SO
I CAN'T EVEN GO CUZ THE RAM SAYS IT'S A
VADA. RAM SAYS LIKE
YOU SEE IT EVEN GOES LIKE THAT. SO RAM
SAYS IF YOU HAVE A BASAR IT DOESN'T
MATTER cuz you were unavailable. SO RAM
SAYS THAT WOULD BE TRUE if the and the
and the crazy place he would have said
that THE MOMENT YOU START THE SHCHITA
IT'S ALREADY
BUT THEY ALL WENT OUT of their way to be
mad it's BEFORE THE
IF THAT'S THE case Ram says
maybe when the
started the
when he started was still alive then he
was so
at that point it wasn't an avail yet.
You're right by the time HE FINISHED THE
FOR SURE AT THAT POINT MAYBE HE WAS SO
BEFORE IT DIED. AND IF THAT'S THE CASE
EVEN IF
IT'S TRUE THE WORKS
AS LONG AS YOU DO WITH THE same as a war
but the
it only is A
BY THE
BUT BEING THAT IT WAS SO MAYBE IT WAS SO
BEFORE THE
AND IF IT WAS SO BEFORE THE YOU KNOW
you're having a problem. In other words
Ram says this is
you have TO SPOUT THE
NOW we're really getting into it. Right
so now we're talking about the and the
you have TO TAKE THE
WITH
WITH A
AND ON THE END AND you have TO GO AHEAD
AND YOU HAVE to spout it and you have to
ask yourself it could be the and
was in the early part of the
and it didn't die until it was already
OF THE
RIGHT? UNTIL YOU HAVE THE END OF THE
AND IF THAT'S THE CASE even if you make
the
like Ram is making it, is the
Ram and the world,
but at the same time it's still not so
passionate that this is the way it's
going to play itself out. Either way,
this is the Tshuvas HaTzvi that we just
read out. It's a short Tshuvas. It's a
short Tshuvas.
It's in Yoreh De'ah, Siman 105. The
Shailah, by the way, was Rabbi
Velvel. He was
the Shailah and he was the one who told
Rabbi Tzvi Pesach about this Maiseh
Shailah K'Chai with Rabbi Chaim Brisker.
And inasmuch as it's a very, very
gishmak Shailah, but in Halacha of
Maiseh, so Rabbi Tzvi Pesach was
mefakteik very much. It's interesting
cuz Rabbi Tzvi Pesach he had a do ahead
an incredible koach deteil. But when it
came to this, he felt it wasn't so
pashut the kulah of Rabbi Chaim Brisker.
But I just want to end with one ha'arah
that I saw in the Sefer Mishnahs
Maseches Chullin. And this is from
HaGaon Rabbi Itamar Garbuz.
And in Siman
Chof Aleph, he brings this Shmuah from
Rabbi Chaim. Brings it from the HaTzvi,
by the way. So it seems like the source
of this Rabbi Chaim is the HaTzvi, cuz
that's where he brings it from. So he
brings Ayin Beis, Shaalos Tshuvas
HaTzvi, Rabbi Velvel, this Maiseh
Shailah K'Chai with Rabbi Chaim Brisker.
And he asks one ha'arah. Again, it's
beyond the scope of what we usually do,
but we'll just end the hard week with
his ha'arah. But it's really pashut and
I think subconsciously everybody's
thinking this. And that is, said
Rabbi Itamar Garbuz, "I don't understand
the whole Rabbi Chaim. I mamash don't
understand it.
It sounds so gishmak, the divrei picho
chachamim, the ruach HaKodesh mi
Shamayim. Yeah, but there's a seemingly
a big hole in the cheshbon. You know
why? Cuz it was mevu'ar in our Gemara
that every single animal, right before
it dies, it's always in a state of
misukanus.
Now, ordinarily, when is an animal
deemed to have been considered dead?
When rov v'siman mashcha,
right? Rubo k'chulo, the extra meat
basar is extra credit, then it's maybe
kol ha'oisim geriyah. But as soon as you
go ahead and you shecht the rov, that's
usually when the animal's considered to
have been dead. If the Gamorah said that
every single animal before dies, it's a
misukenes. It's possible that it's true
for shrita as well. That's not it. The
Gamorah said it only regarding an
availa, but there's no reason in the
world to assume that it would be
different between an availa and a
shrita. As a matter of fact, if you
would think in shwar it's different
between an availa and uh
shrita. Meaning maybe by the mice of
shrita you're not a misukenes before it
dies. Well, then you would have a heicha
timsa where you could have an availa
that wasn't a misukenes, which in the
heich of the Gamorah can't be. You know
what the heicha timsa would be? I think
what the heicha timsa would be if
someone went ahead and did a shrita you
did a durasa where the animal is going
to be an availa because it's not a
proper shrita. And you're telling me
when it's done with a mice of shrita
over there. So, if you tripped up on one
of the halachas of Moshe Rabbeinu Sinai,
then you have to go back and chaz it
over. So, it's possible because the
Gamorah said there is no heicha timsa
where you have an availa that wasn't a
misukenes prior. That means that just
like the metzius of being a misukenes
before it becomes an availa it's true.
It's also a misukenes before it's a
shrita, right? It's one and the same.
So, here's the point. The point is
usually the animal becomes dead when you
do roiv of the shrita.
The Gamorah says you're always a
misukenes one second before it died.
WHICH MEANS THAT RIGHT BEFORE YOU DID
the roiv, the animal's a misukenes. IF
RAV CHAIM'S CORRECT, EVERY SINGLE TIME
YOU DO THE SHRITA, YOU SHOULD HAVE TO
SEE THE ANIMAL BE MEFARKES WHEN YOU DO
THE ROIV. BECAUSE IF IT WASN'T MEFARKES,
WELL, THAT WOULD MEAN THAT IT DIED
ALREADY when it was in a state of
misukenes and you never had a proper
shrita. SO, RAV CHAIM made this
moiredigge cheshbon. Rav Chaim said that
you shav me a basra. So, I don't have to
worry about it. You know why? Because it
was a misukenes. Meaning that it wasn't
mefarkes, so it means it was dead
already. One second. In a regular
SHRITA, WHEN YOU SHACH the roiv of the
siman, at that point it's already
considered a meisa because roiv makes it
into a shrita. Well, if that's the case,
it means it was a misukenes before the
roiv.
If it's dead before the roiv, you don't
have a kosher shrita. You need it to be
alive that one extra second in order to
tip the scale to make it into a roiv.
The only way for it to be determined
that it's alive is if it's
so why isn't that lucky that every
single time you check at the time that
you check the right which you have to be
honest what's the carrots so it could be
tomorrow Schlichter the carrots is
possible BECAUSE THE
MEANS MEANS FIVE
THAT IT BEFORE THE THE ANIMAL WAS
THAT'S WHEN YOU RUN INTO PROBLEMS BUT IF
THE ANIMAL BECOMES
MUHAMMAD
OF COURSE IT'S NOT AN ISSUE FOR THAT IS
WHAT
SCHLICHTER MEANS CHECK THE ANIMAL THAT'S
NOT Kansas do right then it's going to
be that I could be every single time you
do it it's
ONE SECOND BEFORE GOOD THAT'S ALL
what the telling you when it says
are you tell me
usually doesn't work that's WHEN IT'S
AWAY
BUT OBVIOUSLY IT'S SO THAT WHEN THE
BEING
AND THE SET UP THE SYSTEM where could be
it becomes a
BEFORE THE TERRORIST AT THE SYSTEM OF
WITH THE NATION'S I DON'T KNOW THE
BOTTOM RIGHT THAT'S
THIS IS THE WAY IT WORKS SO THIS IS THE
WAY IT WORKS THIS IS THE WAY IT works
well if that's the case then there's TO
SAY THAT
BECAUSE WHAT'S THE OF
THE
OF THE IS
IS THAT REALLY TO THE
WE SPOKE THE
ALREADY A FEW TIMES it's just that
when you the
really what YOU'RE DOING IS YOU'RE DOING
THIS YOU'RE DOING THE OTHERWISE YOU
COULDN'T BE
IT WOULDN'T WORK THE IS BECAUSE IT'S ALL
THE
so if it's all the
who said there's a
for me to have to worry and make sure
there wasn't the by the
JUST LIKE I DON'T CARE THAT IT WASN'T
WHEN I WENT ahead and I checked the
right I don't care for a second before
the right it might have died so you can
it's irrelevant as long as it was a
that knocked out the right even if in
one second earlier died that doesn't
cuz IT ALL HAPPENED THE
SO IF IT HAPPENED THE
WHEN THE SAID
THERE IS A WHOLE SO YOU CAN YOU'RE
SUPPOSED TO
SO YOU YOU CAME UP WITH A ONCE YOU RIGHT
WITH THE
AT THAT POINT IT'S I GOT THE STREET
THOUGH. So for
me personally
every street you have that before you
shut it the right and I feel LIKE IT
DOESN'T BOTHER ME CUZ IT HAPPENED I GOT
THE STREET THOUGH. SO FOR ME PERSONALLY
IT DOESN'T bother me if it happened by
the
it shouldn't bother me either. It's
said my God bless you held as a
fundamentally between shutting right of
the salmon versus the
and as much as this is so positive that
this is the
But the pastor is like it's own thing so
to speak and to the extent that we can
done that the animals dead before the
pastor being that it's kosher already
and I really have a kosher
I'm curious what happens anymore in the
pastor as it relates to the right which
is the minister of street that's my
active so over there the fact that it
might have been a minister of kindness
before I got the right that's going to
not be an issue because that is all
included in what the terrorists telling
you to do when you do a street that
knowing THAT IT MIGHT DIE A SECOND
before you shut the right but it does
the street though but as it relates to
the
once I go ahead and I have a an animal
that already had a street though it
could be then you could sit down the
and the right again this is just
thought-provoking London little bit of a
on what we spoke about earlier in the
week
and we are going to stop here a good
night service