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CHULIN 43
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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.

SUMMARY

1. Ula says that eight types of injuries which render an animal a Tereifah were taught to Moshe Rabeinu on Har Sinai.
 
2. Eight different types of puncture holes render an animal a Tereifah.
 
3. If most of the liver of an animal was removed and a piece smaller than the size of an olive remained, there is a disagreement about whether it is a Tereifah.
 
4. There is a disagreement about whether, according to Rebbi Yochanan, the Halachah follows a Stam Mishnah.
 
5. If the outer layer of a gizzard is punctured but not the inner pouch, or vice versa, or the red outer layer of the esophagus was punctured but not the white inner layer, or vice versa, it is not a Tereifah.
 
6. If both the outer and inner layers of the esophagus were punctured, but the puncture holes were not aligned, it is not a Tereifah, according to Rav Ashi.
 
7. If the esophagus is punctured, the animal is a Tereifah. Even if a scab develops which effectively seals the puncture, it remains a Tereifah.
 
8. An esophagus may be checked for the possibility that it was clawed only from the inside, not from the outside.
 
9. According to Ula, if there is doubt about whether the organ of an animal was punctured or clawed, it is not a Tereifah.
 
10. Even a minute puncture in the upper part of the esophagus renders an animal a Tereifah, according to Rav. According to Shmuel, it is a Tereifah only if the majority is punctured.

A BIT MORE

1. The eight types of injuries are: (1) punctures, (2) a severed body part, (3) a missing body part, (4) a deficiency, (5) a tear, (6) claw marks, (7) a fracture, and (8) a fall. According to Ula, a diseased kidney is not a Tereifah, as it does not fit into any of these categories.
 
2. According to Rebbi Yosi b'Rebbi Yehudah, a ninth puncture hole renders an animal a Tereifah as well: a punctured gallbladder.
 
3. According to one Tana, if a piece of liver smaller than the size of an olive remains, the animal is a Tereifah. According to a second Tana, it is not a Tereifah unless nothing remains of the liver.
 
4. Rebbi Yochanan maintains that the Halachah always follows the Stam Mishnah. When there are two contradictory Stam Mishnayos, if there is good reason why one of them is correct, the Halachah follows that one. Otherwise, the Halachah remains a Safek.
 
5. If the outer and inner layers of the esophagus were reversed and the outer layer was white and the inner layer red, the animal is a Tereifah.
 
6. However, according to Rav Ashi, if the outer and inner layers of the gizzard of a bird were punctured, even if the puncture holes were not aligned it is a Tereifah. When the animal screams, the esophagus moves along with the trachea and thus sometimes the holes are aligned, but that is not the case with the gizzard.
 
7. An animal that has been punctured and rendered a Tereifah does not become Kosher as a result of the sealing of the hole, unless the hole was sealed at the time of the injury. For example, if the gallbladder was punctured and the hole was sealed by the liver, this does not make the animal Kosher.
 
8. If there is a concern that an animal was clawed by a predator and rendered a Tereifah, it must be checked for red spots that might indicate that one of the organs had been punctured. The esophagus must be checked for the red spots from the inside which is white, not from the outside which is red. A red spot would not be discernible on the red outer layer.
 
9. Since there is no Chezkas Isur and there is no Rei'usa, it is Kosher. However, when there were two pieces present, one of Shuman and one of Chelev, and a person ate one of the pieces and is in doubt about which piece he ate, he is Chayav an Asham Taluy, since it is "Ischazek Isura" (because there was definitely a piece of Chelev present). If one slaughters an animal and finds the knife to be defective, and it is not known whether it was defective at the time of Shechitah, since there is a "Rei'usa" (the defect in the knife), the Shechitah is Pasul.
 
10. According to Rav, Shechitah done to the upper part of the esophagus is valid. Therefore, for the laws of Tereifah, that area is treated as the esophagus, and even a minute puncture hole renders it a Tereifah. According to Shmuel, Shechitah done to the upper part of the esophagus is not valid, and only a puncture in the majority makes it a Tereifah.

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