CHULIN 31-43 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

WHICH BLOOD IS MACHSHIR?

(a)

(Beraisa - Tana d'Vei R. Yishmael): "He will drink the blood of corpses" excludes blood that flows (from a dying animal), which is not Machshir.

(b)

(Beraisa - Rebbi): If an animal was slaughtered, and some of the blood fell on a gourd, it is Huchshar;

(c)

R. Chiya says, Tolin (we suspend. This will be explained.)

(d)

(R. Oshaya): Since Rebbi and R. Chiya argue, we join R. Shimon's opinion that blood is not Machshir, and this is the majority ruling.

(e)

(Rav Papa): Rebbi and R. Chiya agree that if the blood is still on the gourd at the end of Shechitah, it is Huchshar;

1.

They argue in a case that the blood was cleaned off before the second Siman was cut.

2.

Rebbi holds that Shechitah begins from the first incision. All blood that comes out is blood of Shechitah;

3.

R. Chiya holds that Shechitah is only the moment when it is completed. Before this, all blood (e.g. that fell on the gourd) is like blood of a wound, which is not Machshir. When Shechitah is completed, the blood (that already came out) is considered blood of Shechitah;

i.

'Tolin' means that we suspend the law of the gourd until the end of Shechitah. If blood is still on the gourd, it is Huchshar.

(f)

Question: Why did R. Oshaya say that that we join R. Shimon's opinion to R. Chiya's? R. Chiya says that the blood is Machshir, and R. Shimon says that it is not!

(g)

Answer: If the blood was cleaned off the gourd before completion of the Shechitah, they agree that it was not Huchshar. Therefore, the Halachah follows them against Rebbi.

(h)

(Rav Ashi): 'Tolin' implies that we will never resolve the doubt;

1.

R. Chiya is unsure what the law is when the blood is cleaned off before Shechitah is finished. He is unsure when Shechitah begins.

2.

'Tolin' means that we neither eat nor burn the gourd (if it is Terumah, and it touched something Tamei).

(i)

Question: Why did R. Oshaya say that we join R. Shimon's opinion to R. Chiya's? R. Chiya is in doubt, and R. Shimon says that the blood is not Machshir!

(j)

Answer: Both agree that we do not burn the gourd. They are a majority against Rebbi. In such a case, Tolin. We neither eat nor burn it.

2)

ISCHIBAS HA'KODESH FULLY MACHSHIR?

(a)

Question (Reish Lakish): If (Rashi - part of) a Minchah (flour-offering) was never kneaded with oil (so it was not Huchshar) - if it becomes Tamei, can it make other foods Tamei?

1.

Is Chibas ha'Kodesh (a stringency of Kodshim that is Machshir Kodesh without any liquid) Machshir only to become Pasul, or is it Machshir even to become Tamei (to be Metamei other foods), like regular Hechsher?

(b)

Answer #1 (R. Elazar - Beraisa): "Any food that will be eaten (upon which water will come)" - only food that water comes upon is Huchshar.

1.

Question: Reish Lakish agrees that only water (or other drinks) are Machshir (Chulin). He asks only whether Chibas ha'Kodesh is like water falling on the Kodesh!

2.

Answer: R. Elazar knew that. The Beraisa teaches that Chibas ha'Kodesh is not like water falling on the Kodesh,

i.

We learn Hechsher from "when water will be put upon seeds";

ii.

Question: Why must it say also "of any food that is eaten"?

36b----------------------------------------36b

iii.

Suggestion: This excludes Chibas ha'Kodesh, i.e. it is not like water falling on the Kodesh.

(c)

Rejection: No. One verse teaches about Tum'as Mes (it applies only after Hechsher), and the other teaches (the same) about Tum'as Sheratzim;

1.

Had the Torah written only one source, to teach about Tum'as Mes, one might have thought that no Hechsher is needed for Tum'as Sheratzim, since it is stringent (even a lentil's size of a Sheretz is Metamei);

2.

Had the Torah written only one source, to teach about Tum'as Sheratzim, one might have thought that no Hechsher is needed for Tum'as Mes, since it is stringent (it is Metamei for seven days).

3.

Therefore, neither verse is free to exclude Chibas ha'Kodesh.

(d)

Objection (against R. Elazar, and Answer #2 - Rav Yosef - Mishnah - R. Shimon): The meat is Huchshar through the Shechitah.

1.

The Hechsher is even to be Metamei other foods, even though water never came upon the meat. (The same applies to Chibas ha'Kodesh!)

(e)

Answer (Abaye): (Reish Lakish's question and R. Elazar's answer discuss Torah law.) The Mishnah teaches that mid'Rabanan, Chibas ha'Kodesh is like water falling on the Kodesh.

(f)

Question (R. Zeira - Beraisa - Shamai): If one picks grapes to make wine, they are Huchshar (even though he is unhappy about the juice that comes out, for it is lost);

1.

Hillel says, they are not Huchshar. Hillel later retracted and agreed with Shamai.

2.

The Hechsher is even to be Metamei other foods, even though he never wanted liquid to fall on the grapes. (The same applies to Chibas ha'Kodesh!)

(g)

Answer (Abaye): Mid'Rabanan, Chibas ha'Kodesh is like water falling on the Kodesh.

(h)

Objection (Rav Yosef): To answer R. Zeira and myself, you said that mid'Rabanan, it is as if water came upon them. Reish Lakish asked if mid'Rabanan, it is as if water came upon the Kodesh!

(i)

Answer (Abaye): If it were only mid'Rabanan, we would not burn Terumah or Kodshim that touched the meat, just we would not eat it. Do you really think that Reish Lakish asked about this?! (Surely, he knew that we do not eat it!)

1.

Rather, he asked whether we burn what touches the meat. He is unsure whether mid'Oraisa, it is as if water came upon the Kodesh!

3)

THE SOURCE FOR CHIBAS HA'KODESH

(a)

Question: If Chibas ha'Kodesh is mid'Oraisa, what is the source for it?

(b)

Suggestion: "(Kodesh) meat that will touch anything Tamei (may not be eaten)" teaches that meat of Korbanos is Huchshar.

1.

Question: How did it become Huchshar?

i.

Suggestion: It became Huchshar through its blood.

ii.

Rejection: R. Chiya bar Aba expounded "you will pour it (the blood) on the ground like water" - only water that is poured on the ground is Machshir. (This excludes blood of Korbanos, which is collected in a Kli.)

2.

Answer #1: It became Huchshar through liquids of the Mitbach (the place in the Mikdash where the meat is rinsed).

3.

Rejection: R. Yosi bar Chanina taught that liquids in the Mitbach are Tehorim (do not become Tamei). Further, they are not even Machshir!

i.

Suggestion: Perhaps he taught only about blood of the Mitbach (but not the other liquids).

ii.

Rejection: He said, the liquids (are Tehorim)!

4.

Answer #2: The meat is Huchshar through Chibas ha'Kodesh.

(c)

Rejection: Perhaps the Hechsher was (not through Chibas ha'Kodesh, rather,) like Rav Yehudah established;

1.

(Rav Yehudah): The Korban was taken through a river, and it was still wet when it was slaughtered.

(d)

Answer: We learn Chibas ha'Kodesh from the end of the verse. "And the meat" includes wood and frankincense (they can become Tamei).

1.

Question: These are not foods!

2.

Answer: Due to Chibas ha'Kodesh, they are considered foods, and they are Mekabel Tum'ah. Likewise, Chibas ha'Kodesh is Machshir Kodesh meat without a liquid!

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