POINT BY POINT OUTLINE
in memory of Reb David ben Aharon Ha'Levi Rosenwald z"l
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) THE SPECIES THE TORAH FORBIDS
(a) (Rav Yehudah): "Sholach" is the bird that takes fish from the sea (seagull). "Duchifas" (hoopoe) has a thick comb.
(b) Support (Beraisa): Duchifas has a thick comb. This bird brought the Shamir (the special worm used to cut stones for the Mikdash).
(c) (R. Yochanan): The Sholach exemplifies "Your (Hash-m's) judgments are utterly deep." (It takes a fish from the sea when the fish is destined to die. Alternatively, Hash-m decreed that the Sholach must toil so hard for its food);
1. The ant exemplifies "Tzidkascha k'Harerei Kel". (Even a tiny creature has life energy like a big creature. Alternatively, an ant finds its food easily.)
(d) (Ameimar): Likni and Bitni are permitted;
1. One must follow the local custom regarding Shaknoy and Bitnoy. It varies from place to place.
2. Question: Why should the law depend on custom?
3. Answer: Theses are similar to Peres and Ozniyah. Where Peres and Ozniyah are common, we are concerned lest the species be confused, so one may not eat (what he thinks) is Shaknoy and Bitnoy.
(e) (Abaye): Kavoy and Kakavoy are forbidden. Kakuasa is permitted.
1. Chachamim in Eretz Yisrael lash one who eats Kakuasa. They call it Tachvasa.
(f) (Beraisa): Tinshemes (a kind of bat) is the Bavas (night crier; some explain, the most despised) of the birds.
1. Suggestion: Perhaps it is rather the Bavas of the Sheratzim (rodents)!
2. Rejection: One of the 13 methods of expounding the Torah is to learn from the context. Tinshemes is in the Parsha of birds, it is a bird.
(g) (Beraisa): Tinshemes (mole) is the Bavas of the Sheratzim.
1. Suggestion: Perhaps it is rather the Bavas of the birds!
2. Rejection: We learn from the context. Tinshemes (mentioned) in the Parsha of Sheratzim is a Sheretz.
(h) (Abaye): Kifuf is the Bavas of the birds. Korpedai is the Bavas of the Sheratzim.
(i) (Rav Yehudah): "Ko'as" is the Kuk. "Rocham" is Sherakrak.
1. (R. Yochanan): It is called Rocham because Rachamim (mercy, i.e. rain) comes after it appears.
2. (Rav Bivi bar Abaye): This is only if it was perched on something and chirping.
3. We have a tradition that if it would sit on the ground and chirp, Mashi'ach would come.
4. Question (Rav Ada bar Simi): Such a bird chirped on the ground, and a stone fell on it and killed it!
5. Answer (Mar bar Rav Idai): That bird lied (and was duly punished).
(j) (Beraisa): "Orev" is an Orev (raven). "Kol Orev" includes the Amaki (deep) raven. "L'Mino" includes the raven b'Roshei Yonim (this will be explained.)
(k) Question: Saying 'this is an Orev' does not clarify anything!
(l) Correction: Rather, "Orev" is a black raven, like we learn from "black, like a raven";
1. An Amaki (deep) raven is white. Tzara'as is white; it is "deeper than the skin";
(m) (Rav Papa): 'The raven b'Roshei Yonim' means that its head looks like a dove's head.
(n) (Beraisa): "The Netz" is a Netz (hawk). "L'Minehu" includes Bar Chiri.
(o) Question: What is Bar Chiri?
(p) Answer (Abaye): It is Shorinka (a hawk).
(q) (Rav Yehudah): "Ha'Chasidah" is a white Dayah.
1. It is called Chasidah because it does Chesed with its friends.
(r) "Ha'Anafah" is an ill-tempered Dayah.
1. It is called Anafah because it is Mis'anef (gets angry) with its friends.
2) THE 24 TAMEI BIRDS
(a) (Rav Chanan bar Rav Chisda citing Rav Chisda): There are 24 Tamei birds.
(b) Question (Rav Chanan bar Rav Chisda): The Torah lists the Tamei birds twice. It does not list 24 either time!
1. In Vayikra, it lists 20. In Devarim, it lists 21!
2. Suggestion: "Do'oh" is listed in Vayikra, but not in Devarim. We should add this to the list in Devarim.
3. Rejection: Still, we will have only 22!
(c) Answer (Rav Chisda): Regarding four species, the Torah says "and its related species." Each of these adds another species.
(d) Question: If so, there are 26!
(e) Answer (Abaye): "Do'oh' and 'Ro'oh' are two names for the same species.
1. Support: We must say so, for they are repeated in Devarim to add species. It is unreasonable that a species would be omitted!
2. We must say that Do'oh is also in Devarim, i.e. it is Ro'oh.
(f) Question: Still, this leaves 25 species!
(g) Answer (Abaye): Also, Ayah and Dayah are the same species.
1. It is unreasonable that the Torah would say "l'Minah" (to include a related species) regarding Ayah in one list, and "l'Minah" regarding Dayah (but not by Ayah) elsewhere, especially since the latter list comes to add species!
2. Rather, we must say that they are the same species.
(h) Question: If they are the same, why does the Torah write both?
(i) Answer (Beraisa - Rebbi): Had the Torah called it by only one name, people who call it by the other name would be able to claim that the Torah did not forbid it.
(j) Question (Beraisa): The animals with only one Siman of Taharah were repeated in Devarim to teach about the Shesu'ah; the birds were repeated to teach about the Ro'oh.
1. Suggestion: Just like the animals were repeated to teach about a new one, also the birds were repeated to teach about a new one!
2. Rejection: No - regarding animals, it adds; regarding birds, it clarifies.
(k) R. Avahu holds that there are not 24 species.
(l) (R. Avahu): Ro'oh and Ayah are the same species.
1. It is called Ro'oh because it sees very far - "The eye of an Ayah did not see it".
2. (Beraisa): From Bavel it can see a carcass in Eretz Yisrael.
3. Suggestion: Since he holds that Ro'oh and Ayah are the same species, he must hold that Do'oh is not the same like Ro'oh.
4. Rejection: The list in Devarim comes to add - it is unreasonable that it would omit species!
i. Rather, we must say that Do'oh, Ro'oh and Ayah are all the same.
5. Suggestion: Since he holds that Ro'oh and Ayah are the same species, he must hold that Dayah is not the same like Ayah.
6. Rejection: It is unreasonable that it says "l'Minah" regarding Ayah in Vayikra, and "l'Minah" regarding Dayah (but not regarding Ayah) in Devarim (in particular, since the latter list comes to add species!)
i. It must be, they are the same species. (In conclusion, all four are the same species, there are only 23 Tamei species.)
3) THE MULTITUDE OF SPECIES
(a) (Beraisa - Isi ben Yehudah): There are 100 species of Tamei birds in the east. They are all species of Ayah.
(b) (Avimi brei d'R. Avahu - Beraisa): There are 700 species of (Tamei) fish, 800 species of (Tamei) Chagavim, and countless birds.
(c) Question: There are only 24 (Tamei) birds!
(d) Answer: He teaches that there are countless Tahor birds.
(e) (Beraisa - Rebbi): Hash-m knows that there are more Tahor birds than Tamei. Therefore, the Torah lists the Teme'im.
(f) Question: What is the Chidush?
(g) Answer: He teaches Rav Huna's law;
1. (Rav Huna): One should teach his Talmidim concisely.
(h) (R. Yitzchak): One needs a tradition to eat a species of bird. A hunter is believed to say that his teacher told him that a certain species is Tahor.
1. (R. Yochanan): He (the teacher) must know the names and recognize the Tamei species.
2. Question (R. Zeira): Does this refer to his Rebbi who taught him Torah, or the one who taught him how to hunt?
3. Answer: R. Yochanan said that the teacher must know the names and recognize the Tamei species.
i. This is reasonable regarding the one who taught him how to hunt.
ii. A Chacham would know the names, but he would not recognize all the Tamei species!
4) BUYING EGGS FROM NOCHRIM
(a) (Beraisa): In any place, we may buy eggs from Nochrim. We are not concerned lest they came from a Nevelah or Treifah.
(b) Question: Why aren't we concerned lest they are from a Tamei species?
(c) Answer (Shmuel's father): The case is, the Nochri said that they are from a particular Tahor species.
(d) Question: Why must he specify the species?
(e) Answer: If he would just say that they are Tahor, he could lie without fear of being caught.