12th Cycle dedication

CHULIN 79 (14 Elul) - This Daf has been dedicated in honor of the Yahrzeit of Yisrael (son of Chazkel and Miryam) Rosenbaum, who passed away on 14 Elul, by his son and daughter and their families.

1)

WHOM DOES THE HALACHAH FOLLOW?

(a)

(Shmuel): The Halachah follows Chananyah.

(b)

This is consistent with another teaching of Shmuel;

1.

(Mishnah - R. Yehudah): One may mate offspring of a female horse, or make them work together, even if the fathers were donkeys;

2.

A mule born from a (female) horse is forbidden with one born from a (female) donkey.

3.

(Shmuel): This is R. Yehudah's opinion. He holds that we are not concerned for the seed of the father. Chachamim say that all mules are one species (and are permitted with each other.)

4.

Question: Who are the Chachamim he refers to?

5.

Answer: He refers to Chananyah, who says that we are concerned for the seed of the father;

i.

Every mule is a half-donkey, half-horse.

2)

THE OPINION OF R. YEHUDAH

(a)

Question: Is R. Yehudah certain that we are not concerned for the seed of the father, or is he in doubt?

1.

If he is certain, even a hybrid child is the same species as its mother, and it is permitted with its mother's species;

2.

If he is in doubt, a hybrid child is forbidden with its mother's species.

(b)

Answer #1 (Mishnah - R. Yehudah): One may mate offspring of a female horse, or make them work together, even if the fathers were donkeys.

1.

Question: What is the case?

i.

If the fathers of both offspring were donkeys, there is no need to teach that they are permitted together!

2.

Answer: Rather, a mule from a female horse is permitted with the child of two horses. This shows that R. Yehudah is certain.

(c)

Rejection: Really, the fathers of both offspring were donkeys;

1.

One might have thought that they are forbidden together, because we consider the donkey side of each animal to work or mate with the horse side of the other. He teaches that this is not so.

(d)

Answer #2 (Beraisa - R. Yehudah): If a mule desires to mate, we may not mate it with a horse or donkey, only with its own kind.

1.

If R. Yehudah was certain, he should permit mating it with its mother's species!

2.

Rejection: The case is, we do not know what its mother was.

3.

Question: The Beraisa says that we may mate it only with its own kind. This implies that we know what its mother was!

4.

Answer: The Beraisa means that because we do not know what its mother was, we may not mate it with a horse nor with a donkey, since it may be mated only with its own kind.

5.

Objection: There are signs to tell what a mule's mother was!

i.

(Abaye): If it has a thick voice, its mother was a horse. If not, it was born to a donkey.

ii.

(Rav Papa): A mule from a (female) donkey has big ears and a small tail. A mule born from a horse is vice-versa.

6.

Answer: The case is, the mule lost its ears and tail, and it is mute. (We cannot determine what the mother was.)

(e)

Answer #3 (Rav Huna brei d'Rav Yehoshua): All agree that a mule is forbidden with its mother.

1.

This shows that R. Yehudah was in doubt.

(f)

R. Aba told his servant 'if you lead my wagon with mules, check that they have the same mother.'

(g)

Inference: He holds that we are not concerned for the seed of the father; and that we may rely on the signs given.

79b----------------------------------------79b

3)

OSO V'ES BENO WHEN SLAUGHTERING KIL'AYIM

(a)

(A Koy is a Kosher animal, it is not known whether it is a Chayah or Behemah. Our Sugya discusses Koyim born from a goat and deer.)

(b)

(Beraisa): Oso v'Es Beno applies to Kil'ayim and to a Koy;

(c)

R. Eliezer says, it applies to Kil'ayim born from a goat and sheep, but not to a Koy.

(d)

(Rav Chisda): They refer to a Koy born from a male goat and a female deer.

(e)

Question: What is the case?

1.

Suggestion: Such a Koy had a child, and one slaughtered the Koy and its child on the same day.

2.

Rejection: Rav Chisda said that in such a case, all agree that he is exempt!

i.

The Torah forbids a Seh and its child, but not a deer and its child.

(f)

Answer #1: Rather, a Koy from a male deer and a female goat had a child. The Koy and its child were slaughtered on the same day.

(g)

Rejection: Rav Chisda said that in such a case all agree that he is liable!

1.

The Torah forbids a Seh and its child, no matter what the child is!

(h)

Answer #2: Really, a male goat and a female deer had a daughter, and the daughter had a son. The daughter and her son were slaughtered on the same day.

1.

Chachamim are Mechayev. We are concerned for the seed of the father. The Torah forbids a Seh and its son, even a partial Seh;

2.

R. Eliezer exempts. We are not concerned for the seed of the father, so the Koy is not even a partial Seh.

(i)

Question: Why don't they (directly) argue in the case of Chananyah and Chachamim, whether or not we are concerned for the seed of the father?

(j)

Answer: If so, one might have thought that Chachamim would exempt in our case. We would not know that the Torah forbids even a partial Seh.

(k)

(The following question is based on the final understanding of a Mishnah.)

(l)

Question (Mishnah): One may not slaughter a Koy on Yom Tov. (Perhaps it is a Chayah, and Kisuy (covering the blood) must be done. However, one may not do this on Yom Tov, for perhaps it is a Behemah, and there is no Mitzvah of Kisuy);

1.

If it was slaughtered, he may not do Kisuy.

2.

Question: What is the case?

i.

Suggestion: The Koy was born from a male goat and a female deer.

ii.

Rejection: If so, all would permit to slaughter it and do Kisuy on Yom Tov. Kisuy applies even to a partial deer (Chayah)!

3.

Answer #1: Rather, it is the child of a female goat and a male deer.

4.

Rejection: If so, all would permit slaughtering it!

i.

Chachamim hold that the blood must surely be covered. R. Eliezer holds that it is surely exempt!

5.

Defense: Really, it is the child of a female goat and a male deer; Chachamim are unsure whether we are concerned for the seed of the father.

6.

Inference: If so, R. Eliezer (who argues) must be certain that we are not concerned for the seed of the father!

7.

(Development of question - Beraisa): Matanos (the foreleg, jaw and stomach) of a Koy or (other) hybrids must be given to a Kohen;

8.

R. Eliezer says, Matanos must be given from a crossbreed of a goat and sheep, but not from a Koy.

9.

Question: What is the case?

10.

Answer #1: The Koy is from a male goat and a female deer;

i.

R. Eliezer exempts from Matanos, for they do not apply to a partial Seh.

11.

Rejection: Why would Chachamim obligate?

i.

Surely, they do not obligate full Matanos (it is at most a half-Seh);

ii.

He should be exempt even from half Matanos, for the Kohen cannot prove that we are concerned for the seed of the father! (Chachamim themselves are unsure!)

12.

Answer #2: The Koy is from a female goat and a male deer.

13.

We understand why Chachamim obligate half Matanos. (It is at least a half-Seh.)

14.

Summation of question (l): However, R. Eliezer should obligate full Matanos!

(m)

Answer: Really, also R. Eliezer is unsure whether we are concerned for the seed of the father.

(n)

Question: If so, what do they argue about?

(o)

Answer: They argue about whether a partial Seh is called a Seh. Chachamim say that it is, and R. Eliezer says that it is not.

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