Preparing video...
0:00 / 0:00
מומר בשחיטה
1 views
Comments(0)
Transcript
Auto-generated transcript. Not time-synced to the video.
If he gets killed
before we go by there,
they just open up the Shulchan Aruch and
just see the seacum of the Machaber
in terms of how these last bunch of
Gemaras play themselves out.
And the truth is that these halachas of
mumar is from the
in the Shulchan Aruch comes up in many
different sugias. And by the way, even
though we're not going to speak out any
rate other than go through the Machaber
right now, but Baruch Hashem over the
years we've gone through this inyan many
times and I checked before the shiur
there's several related rate bites
posted already to today's stuff
that very much go into all the Well, I
shouldn't say all, but many of the
greater topics and some of the
contemporary shailos that relate to a
mumar. But just in terms of making a
seacum on the last
few dafin, just see how the laws of
mumar play themselves out in halacha.
So, this is all in Yoreh De'ah siman
beis hilchos shchita. It starts sif
beis. Mumar l'veillah l'teavon.
Some of that some mumar l'veillah
l'teavon. You throw a bite in the sack
and you throw Shulchan Aruch. I yet give
you biting the sack and the nice and
light and gives it to the mumar and what
the halacha
and you're allowed to
eat from his shchita. I'm skipping the
badak l'sakin chilo. Let's say you
didn't check the sakin. Also shchita, so
you can't eat achi if you take it at the
end of the day. As long as you do it
afterwards. And the thing
l'shchita you can't give him
to shacht a few even
if you take it at the end of the day.
Smash it at the end of the day.
Now, you have to check it before and as
long as you check it before everything
is going to be okay. What's the makarta
siman beis sif beis? It's Rava's
halacha. The way R' Ashi was metarish
the Mishnah, but it's ultimately Rava's
halacha. Shulchan Aruch paskins Rava's
halacha. Why would the Shulchan Aruch
paskin Rava's halacha? And by the way, I
didn't look in any of the rishonim,
right? This is not based on psak, so
could be this is wrong. But just based
on going to the Gemaras together daf
yomi day.
The Gemara brought Rava's memra and the
Gemara said Tanya d'mesayea l'Rava. The
Gemara in the bottom of daf alef says
there was a braisa that supported Rava.
It certainly sounds like the halacha is
like Rava. Oh, and by the way, if you
remember there was a layman mesayea
later Rava from a second braisa from the
Tosefta beginning of Maseches Chullin.
The Gemara was doiche that could be when
it says afilu mumar it's coming to mean
marbeh. Which mumar? R' Nachman bar
Yitzchak we just read the words of the
Gemara tzufta d'Rav Nachman tzufta.
Well, if that's the case working
backwards, then it must be a layman
mesayea l'Rava. Which means you have not
one braisa, you have two braisas.
There's two Tanya d'mesayea l'Rava. the
halacha would be in Shulchan Aruch
k'shchitas Rava, right? Pretty
straightforward. I'm skipping now.
Halacha
zayin. Mumar l'achas. Some of the mumar
l'achas afilu l'davar echad. Even if
it's only l'davar echad. O shehu mumar
l'eilim or he's a mumar l'avoda zara o
l'chalel Shabbos b'farhesya or he's a
mumar l'chalel Shabbos b'farhesya o
shehu mumar l'chalel ha'Torah afilu
chutz m'shnei amei. Or if he's a mumar
l'chalel Torah kulah even if he's not a
mumar for avoda zara
and chillul Shabbos b'farhesya, dinei
k'oveid kochavim. He has a din of an
oveid kochavim.
What's the makarta this? Now, as it
relates to mumar l'achas, that the
Gemara didn't talk about, but that Rashi
and Tosfos that's something that emerged
very, very much from all the rishonim
that the only time there's even a
discussion of being able to eat from a
mumar is if he's a mumar l'teavon. Then
you bite in the sack. But if he's a
mumar l'achas, how could you trust him,
right? I mean the Gemara didn't say it
in the first, but it sort of jumped off
the page. Rashi
and even more so in Tosfos. As it
relates to a mumar l'avoda zara,
him shchita not being okay. It was Rav
Nachman bar Yitzchak and even though he
had a raya from Yehoshafat melech Yehuda
who was a tzaddik gamur who ate from
Achav, but at the end of the day the
Gemara said tzufta. So, the Gemara said
tzufta. It's really not much of a
conversation. It was pretty much knocked
out. What about a mumar l'chalel Shabbos
b'farhesya? So, the same tzufta on Rav
Nachman bar Yitzchak meaning that same
third party braisa that said that a
mumar l'avoda zara is dinei k'oveid
kochavim said a mumar l'chalel Shabbos
b'farhesya. And it's based on that you
have the makarta. Now, the Machaber for
his oil is o shehu mumar l'chalel
ha'Torah afilu chutz m'shnei amei dinei
k'oveid kochavim. What does that mean?
That's based on something that the
rishonim speak out and that is why do
you have to tell me that a mumar
l'chalel Torah kulah is a mumar type of
life is a mumar l'chalel Torah kulah
he's a mumar l'avoda zara anyways and a
mumar l'chalel Shabbos presumably
b'farhesya anyways. So, why do you have
to The answer is the rishonim say that
you see from here that whatever we talk
about a mumar l'chalel Torah kulah it
means even if he's not a mumar for those
two things. So, that that and even if
it's the other tough rishuyot al mitzvos
that in and of itself would also be
enough for somebody to become a mumar.
Halacha vov. Mumar l'achas mishar
aveiros. Let's say someone's a mumar for
one of the other aveiros, right? So,
it's not
avoda zara, it's not chillul Shabbos
b'farhesya.
It's not
mumar l'veillah l'teavon just one of the
other aveiros. So, that's pashut goes
without saying that you'd be allowed to
eat his shchita. So, why is it even a
sif in Shulchan Aruch?
This is why. Mumar l'achas mishar
aveiros ein tzorech l'veidok l'sakin
because chashash nafka mina l'halacha.
Again, also came out from the Gemara.
Where is the mumar l'veillah l'teavon?
That's when you have that halacha
b'veidok l'sakin. That was Rava's
chiddush as opposed to a regular mumar.
Over there not then the Machaber brings
the Rama maybe held not that way. Ain
sham. And then finally, halacha zayin.
Mumar
That's that. The Tosefta made a very big
deal about that. So, obviously this is
something that was newsworthy and needed
to be spoken out. But the bottom line is
a little bit of a seacum in terms of the
halachas innovated in Shulchan Aruch.
Again, as it relates to rates, for that
already I am related rate bites.