More Discussions for this daf
1. Inspection of the knife 2. Mules, and Ed Echad
DAF DISCUSSIONS - CHULIN 10

Joel Wiesen asks:

1. Are there any restrictions on Jews breeding, owning, using, or trading mules?

2. Is "a single witness accepted for a prohibition" (daf 10B) a general principle?

The Kollel replies:

1. Not that I know of, unless, of course, he is selling them to be eaten, in which case there is a general prohibition on dealing with forbidden foods. Below is what we wrote on the topic in Pesachim.

2. The principle of "Ed Echad Ne'eman b'Isurim" is an almost universal principle. When the item in question is "Ischazek Isura" -- its status of Isur has already been established, the Gemara in Yevamos (88a) raises the possibility that a single witness is not believed to permit it. However, when the matter is in the hands of the witness ("b'Yado") to correct (for example, it is in his hands to separate Terumah from questionable produce, or it was in his hands to slaughter an animal properly), then the witness is certainly believed.

In most issues regarding marriage and divorce (Davar sheb'Ervah), a single witness is not believed.

D. Zupnik

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From Insights to the Daf

Pesachim 23

1) HALACHAH: TRADING NON-KOSHER LIVESTOCK

QUESTION: The Gemara cites a Mishnah that states that one may not make profit through the commerce of animals and creatures which are Teme'os, even if one sells them only to non-Jews. Only if one happened to have come across a Behemah Teme'ah by chance may he sell it, but he may not make a business out of it. Does this mean that a Jew may not sell horses, donkeys, dogs or cats?

ANSWER: TOSFOS cites a Yerushalmi which says that it is not prohibited to sell such animals, because they are not used for eating. The prohibition applies only to making a business out of selling animals which are *eaten*, but not to selling animals that are normally used for other purposes.

This Halachah has practical ramifications for Jews in the commodities industry, as well as for owners of shares in companies which profit from selling non-Kosher animals. RAV MOSHE STERNBUCH (Teshuvos v'Hanhagos 2:392) responds to a Ba'al Teshuvah's question concerning whether he must leave his company that trades in Neveilos, in which he is a primary share-owner. Rav Sternbuch says that it is forbidden to deal in non-Kosher animals, but he cites a Machlokes with regard to making a partnership with a non-Jew. The IMREI ESH and MAHARAM SHIK forbid trading in non-Kosher animals even in partnership with a non-Jew, while the DEVAR MOSHE (cited by the BIRKEI YOSEF 117:7) permits trading in non-Kosher animals in partnership with a non-Jew -- on condition that the Jew is not in the shop or market at all.

HALACHAH: Rav Sternbuch concludes that it is best to follow the opinion of those that forbid trading in partnership. He says, however, that if one is already involved in a partnership he may rely on the lenient opinion, especially since the company is called by the name of the gentile partner and not by the name of the Jew. It is permitted, though, only on condition that the Jew is not present at all in the store or involved in the consumer level of buying and selling, but is involved only in the upper administrative and executive levels. He concludes that a Jew should make an effort to leave the business of trading non-Kosher animals in any case.