PAST CYCLE DEDICATION

CHULIN 4 (28 Sivan) - Dedicated in memory of Hagaon Rav Yisroel Zev (ben Rav Avrohom Tzvi) Gustman, zt"l, Rosh Yeshiva of Yeshivas Netzach Yisrael-Ramailes (Vilna-Brooklyn-Yerushalayim), author of "Kuntresei Shi'urim" and renowned Dayan in pre-war and post-war Vilna, on his 20th Yahrzeit. Dedicated by Harav Avraham Feldman and Michael Starr of Yerushalayim, Dr. Yehoshua Daniel of Efrat, and Rabbi Eliezer Stern of New York, who merited to study under the Rosh Yeshiva zt"l in Yerushalayim.

1)

(a)The Beraisa Shechitas Kuti Muteres ... ke'she'Yisrael Omed al-Gabav echoes what initially appears to be Abaye's interpretation of our Mishnah. What does the Tana go on to say about a string of Shechted birds that a Kuti is holding? Under what circumstances may one eat from them?

(b)What does ...

1. ... Abaye extrapolate from the Reisha of the Beraisa ke'she'Yisrael Omed al-Gabav?

2. ... Rava extrapolate from the Seifa Ba u'Matz'o she'Shachat, Chotech k'Zayis ve'Nosen lo?

(c)How will ...

1. ... Abaye reconcile the Seifa with the Reisha?

2. ... Rava reconcile the Reisha with the Seifa?

1)

(a)The Beraisa Shechitas Kuti Muteres ... ke'she'Yisrael Omed al-Gabav' echoes what initially appears to be Abaye's interpretation of our Mishnah. The Tana goes on to say - that the same applies to a string of Shechted birds that a Kuti is holding, which is permitted as long as the Kuti accepts and eats the head of one of them is cut off and handed to him.

(b)On the one hand ...

1. ... Abaye extrapolates from the Reisha of the Beraisa 'ke'she'Yisrael Omed al-Gabav' - that 'Yotzeii ve'Nichnas' will not suffice by Kutim, whereas ...

2. ... Rava extrapolates from the Seifa 'Ba u'Matz'o she'Shachat, Chotech k'Zayis ve'Nosen lo' - that it will.

(c)To reconcile ...

1. ... the Seifa with the Reisha, Abaye will explain - that 'Ba u'Matz'o' incorporates Yotzeii ve'Nichnas.

2. ... the Reisha with the Seifa, Rava will explain - that 'Yotzeii ve'Nichnas' is included in 'Omed al-Gabav'.

2)

(a)How does Rav Menasheh establish the Seifa of the Beraisa, which permits all the birds on the string, on the basis of the fact that the Kuti ate the head of one of them, to eliminate the suspicion that it was only that bird whicch the Kuti Shechted properly?

(b)And what does Rav Mesharshaya add to that, to eliminate the added suspicion that the Kuti made a Si'man on that bird?

2)

(a)To eliminate the suspicion that it was only the one bird which the Kuti Shechted properly, Rav Menasheh establishes the Seifa of the Beraisa, which permits all the birds on the string, on the basis of the fact that the Kuti ate the head of one of them - where the Yisrael hid the birds under his coat (so that the Kuti would not know which one he had produced).

(b)And Rav Mesharshaya adds, to eliminate the added suspicion that the Kuti had marked that particular bird with a Si'man - that he must also squash the head before handing it to him, to remove any possible Si'man that it might contain.

3)

(a)We ask that perhaps the Kutim did not require a bird to be Shechted min ha'Torah (in which case their Shechitah could not possibly be trusted). On what basis might they have exempted a bird from Shechitah?

(b)We counter this Kashya from Shechitah, D'rasah, Chaladah, Hagramah and Ikur (the five things that invalidate Shechitah). In what way are they parallel to the Din of Shechitah min ha'Of?

(c)What does this prove?

3)

(a)We ask that perhaps the Kutim do not require a bird to be Shechted min ha'Torah (in which case we could not possibly trust their Shechitah). They might exempt a bird from Shechitah - on the grounds that there is no explicit Pasuk that requires it.

(b)We counter this Kashya however, from Shechitah, D'rasah, Chaladah, Hagramah and Ikur - which have no specific Pasuk either (since they are all 'Halachah le'Moshe mi'Sinai') ...

(c)... yet we rely on the Kutim, because they meticulously observe the Mitzvah of Shechitah. By the same token, we can rely on their Shechitah of birds because they are equally meticulous regarding that area of Halachah too.

4)

(a)The Beraisa discusses Matzos baked by a Kuti. What did the Tana Kama mean when he stated ...

1. ... Matzas Kuti Muteres?

2. ... ve'Adam Yotzei bah Y'dei Chovaso ba'Pesach?

(b)Rebbi Eliezer forbade even eating them. Why is that?

(c)How do we know that Rebbi Eliezer was referring even to the Tana Kama's first statement, and not just to the second? Perhaps he was only arguing with the Din of being Yotzei the Mitzvah of Matzah, but conceded that one was permitted to eat them?

(d)How did Rabban Shimon ben Gamliel counter Rebbi Eliezer's argument?

4)

(a)The Beraisa discusses Matzos baked by a Kuti. When the Tana Kama states ...

1. ... 'Matzas Kuti Muteres, he means - that one may eat them (because the Kutim can be relied upon not to let them become Chametz.

2. ... 've'Adam Yotzeii bah Y'dei Chovaso ba'Pesach', he means - that one can also be Yotzeii the Mitzvah of Matzah at the Seider, because they are careful to bake them 'le'Shem Matzas Mitzvah'.

(b)Rebbi Eliezer forbids even eating them - because in his opinion, the Kutim are not conversant with the details of the Mitzvos.

(c)We know that Rebbi Eliezer refers even to the Tana Kama's first statement (to forbid even eating the Kuti's Matzos) - because the word 'Oser' implies that (and does not refer to the prohibition of being Yotzeii with them).

(d)Raban Shimon ben Gamliel counters Rebbi Eliezer's argument - by stressing that once a Kuti observe Mitzvos, he observes them more scrupulously than a Yisrael.

5)

(a)Having informed us that the Matzah of a Kuti is permitted, why did the Tana Kama need to add that one is Yotzei one's obligation on Pesach?

(b)What precedent do we have for this distinction?

5)

(a)In spite of having informed us that the Matzah of a Kuti is permitted, the Tana Kama needs to add that one is Yotzeii one's obligation on Pesach - because we might have otherwise thought that whereas the Kutim are expert in baking the Matzos, they are not expert in baking them le'Shem Matzas Mitzvah.

(b)And we have a precedent for this distinction - in the ruling that permits the flour and doughs of Nochrim, provided one eats a k'Zayis of Matzas Mitzvah at the end.

6)

(a)What problem do we have with Rabban Shimon ben Gamliel's opinion?

(b)We try to answer that they are arguing over Kesiva ve'Lo Achziku. What does each one then hold?

(c)What problem do we have with this explanation, based on the Lashon of Rabban Shimon ben Gamliel (Kol Mitzvos she'Hichziku bahen Kutim)?

(d)So what is the basis of their Machlokes?

(e)What do we then prove from here?

6)

(a)The problem with Raban Shimon ben Gamliel's opinion is - that it appears to echo that of the Tana Kama.

(b)We try to answer that they argue over 'Kesiva ve'Lo Achziku', in which case - the Tana Kama believes a Kuti regarding Isurim that are recorded in the Torah (like that of Matzah), even though we have no proof that the Kutim are particular in the observance of that particular Mitzvah), whereas Raban Shimon ben Gamliel does not (unless they are also known to observe them scrupulously).

(c)The problem with this explanation is - that if Raban Shimon ben Gamliel was coming to be more strict than the Tana Kama, he ought to have said (not 'Kol Mitzvos she'Hichziku bahen Kutim', [an inclusive term] but) 'Im Hichziku bahen ... ' (which comes to qualify).

(d)So we switch the basis of their Machlokes - to 'de'Lo Kesiva ve'Achzuk', which the Tana Kama forbids, and which Raban Shimon ben Gamliel comes to permit.

(e)This proves - that whether or not, we trust the Kutim with regard to Mitzvos which they scrupulously observe, is in fact, a Machlokes Tana'im.

4b----------------------------------------4b

7)

(a)We elaborate on Rava's previous statement. On what grounds did Rava rule that a Kuti was permitted to Shecht Lechatchilah, provided one handed him a knife that was inspected.

(b)Why did he not allow him to Shecht without that?

(c)On what grounds does the Beraisa permit the Chametz of sinners (who retained Chametz over Pesach) immediately after Pesach?

(d)What does the Tana mean when he says immediately?

7)

(a)We elaborate on Rava's previous statement. Rava rule that a Kuti was permitted to Shecht Lechatchilah, provided one handed him a knife that was inspected - because since he had the choice of Heter and Isur, he would choose Heter.

(b)Otherwise, he di not allow him to Shecht - because should he discover that the knife is defected, he would not take the trouble to look for another one.

(c)The Beraisa permits the Chametz of sinners (who retained Chametz over Pesach) - immediately after Pesach, because we can safely assume that they exchanged it with the Chametz of a Nochri (which is readily available).

(d)When the Tana says immediately, he means - even though not sufficient time elapsed to bake (in which case the Chametz is definitely leftovers from Pesach).

8)

(a)From where do we know that, although we are permitted to eat that Chametz, the sinners themselves are not?

(b)Then why are *we* allowed to eat it?

(c)Seeing as, in any event, the sinner is not permitted to eat the proceeds, then why does he go to the trouble of making the exchange?

8)

(a)We know that although we are permitted to eat that Chametz, the sinners themselves are not - because of the Mishnah in Pesachim, which exempts someone who eats Terumas Chametz on Pesach from paying, because Chametz on Pesach has no value (which would not be the case if Chametz could be exchanged after Pesach).

(b)And the reason that we are allowed to eat it is - because basically, with the sole exceptions of Avodas-Kochavim, Hekdesh and Shevi'is, the Isur Hana'ah of Iurei Hana'ah is not transferred onto what one is exchanging it for.

(c)In spite of the fact that in any event, the sinner is not permitted to eat the proceeds, he goes to the trouble of making the exchange - to minimize the sin of eating Chametz after Pesach (eating what he exchanges the Chametz for is a smaller sin than eating the Chametz itself).

9)

(a)We assume that the author of the Beraisa is Rebbi Yehudah. What does Rebbi Yehudah say about Chametz after Pesach? What will we have proved from here if it is?

(b)We try to refute the proof by establishing the author as Rebbi Shimon. What does Rebbi Shimon say?

(c)So what if it is? What does that prove?

9)

(a)We assume that the author of the Beraisa is Rebbi Yehudah, who holds that - Chametz after Pesach (that was in the possession of a Yisrael on Pesach) is Asur min ha'Torah (a proof that we rely on the sinner exchanging the Isur, even by an Isur d'Oraysa [like Rava]).

(b)We try to refute the proof by establishing the author as Rebbi Shimon - who holds that Chametz after Pesach is only an Isur mi'de'Rabbanan ...

(c)... in which case, we will no longer have a proof that we can rely on a sinner exchanging the Isur even in a case which involves an Isur d'Oraysa (like Rava does).

10)

(a)We reject this explanation however, on the basis of the Lashon Mipnei she'Hein Machlifin. What is the significance of that Lashon?

(b)What would the Tana have had to say, to justify the rejection of the proof for Rava? Why will establishing the Beraisa like Rebbi Shimon now only serve to fortify the proof?

(c)We try to prove Rava's opinion from another Beraisa ha'Kol Shochtin, va'Afilu Kuti, va'Afilu Areil, va'Afilu Yisrael Mumar. What does Areil refer to in this context?

(d)Why can it not refer to someone whose father did not circumcise him on account of his two brothers having both died because of the Milah?

10)

(a)We reject this explanation however, on the basis of the Lashon Mipnei she'Hein Machlifin - which implies that the cause of the lenient ruling here is because we take for granted that the sinner exchanges the Chametz (and not because in the case of a de'Rabbanan, we assume that he does).

(b)To justify the rejection of the proof for Rava, the Tana would have had to say 'she'Ani Omer Hichlifu'. Establishing the Beraisa like Rebbi Shimon now only serves to fortify the proof - because if the sinner makes the effort to exchange the Chametz by an Isur de'Rabbanan, how much more so will he do it by an Isur d'Oraysa.

(c)We try to prove Rava's opinion from another Beraisa ha'Kol Shochtin, va'Afilu Kuti, va'Afilu Areil, va'Afilu Yisrael Mumar. Areil refers to - a Mumar le'Arlus (who failed to perform the Mitzvah of Milah).

(d)It cannot refer to someone whose father did not circumcise him on account of his two brothers having both died because of the Milah - since that would not be a reason to disqualify him from Shechting (since we would then apply the principle Oneis Rachmana Patreih).

11)

(a)What principle can we extrapolate from va'Afilu Areil?

(b)How do we then try to explain the Seifa va'Afilu Mumar (so as not to repeat Mumar le'Arlus of the Reisha)? What does this prove?

(c)We refute this proof however, by establishing the Seifa like Rav Anan Amar Shmuel. What does Rav Anan say regarding a Mumar la'Avodah-Zarah?

(d)What will the Tana then hold regarding a Mumar in the area where he is suspect?

11)

(a)We can extrapolate from va'Afilu Areil that - Mumar le'Davar Echad Lo Havi Mumar le'Chol ha'Torah Kulah.

(b)So as not to repeat Mumar le'Arlus of the Reisha, we try to explain the Seifa va'Afilu Mumar, with reference to - a Mumar li'Shechitah, a proof for Rava (that even in the very area where a Mumar is suspect, we will believe him if he has an easy option of not sinning).

(c)We refute this proof however, by establishing the Seifa like Rav Anan Amar Shmuel - who says Mumar la'Avodas-Kochavim Mutar Le'echol mi'Shechitaso, and the Seifa of the Beraisa too, is speaking by a Mumar la'Avodas-Kochavim.

(d)But regarding a Mumar in the area where he is suspect, the Tana may well hold that - he cannot be trusted at all, because he considers it pure Heter.

12)

(a)Rav Anan proves his leniency by Mumar la'Avodas-Kochavim from the Pasuk in Divrei Hayamim "Vayizbach lo Achav Tzon u'Vakar la'Rov ve'la'Am asher Imo". On whose behalf was Achav doing this? What was his motive?

(b)How do we know that Yehoshafat actually ate from the animals that Achav Shechted?

(c)But does the Pasuk not write ...

1. ... in Re'ei (in connection with a Meisis) "Ki Yesischa Achicha ... ", and the Pasuk there only mentions words?

2. ... in Iyov (in connection with the Satan and Hash-m) "Va'tesiseni bo le'Val'o Chinam", where eating is obviously not applicable?

12)

(a)Rav Anan proves his leniency by Mumar la'Avodas-Kochavim from the Pasuk in Divrei Hayamim "Vayizbach lo Achav Tzon u'Vakar la'Rov ve'la'Am asher Imo". Achav was doing this on behalf of his brother-in-law Yehoshafat, King of Yehudah, to entice him to accompany him to Ramos Gil'ad to attack the Syrian army.

(b)We know that Yehoshafat actually ate from the animals that Achav Shechted - because the Pasuk writes that he enticed him, and the concept of enticing is achieved through eating.

(c)The Pasuk writes ...

1. ... in Re'ei "Ki Yesischa Achicha (in connection with a Meisis) ... " - because, despite the fact thyat the Pasuk only mentions words, eating together is an integral part of the enticing.

2. ... in Iyov "Va'tesiseni bo le'Val'o Chinam" (in connection the Satan and Hash-m) - since, precisely because Hash-m does not eat, it refers to words only.

13)

(a)On what grounds do we refute the suggestion that Yehoshafat only drank but did not eat? Why do we initially think that drinking is no better than eating

(b)How do we try to refute this proof? Why might it not be possible to prove Shechitas Mumar from there?

13)

(a)We refute the suggestion that Yehoshafat only drank but did not eat - since, had he been allowed to drink their wine, it would means that they did not suspect it of being Yayin Nesech, a proof that Mumar la'Avodas-Kochavim, Lo Havi Mumar le'Chol ha'Torah, in which case they may as well have eaten. (This is very difficult however, seeing as Rav Anan holds that a Mumar in the area where he is suspect - is indeed a Mumar).

(b)We try to refute this proof from the fact that - S'tam Yeinam had not yet been decreed (until the time of Beis Hillel and Beis Shamai), in which case if they had only drunk, there would be no reason to suspect that the wine was forbidden, and we cannot prove from here that the Shechitah of a Mumar is permitted.

14)

(a)We conclude however, that for two reasons they must have eaten, too. One is because the Pasuk writes "Va'yizbach ... Vayesiseihu", implying that he enticed him by means of the food, rather than the drink. What is the second proof?

(b)How do we know that it was not ...

1. ... the Navi Ovadyah (who was also a servant of Achav) who performed the Shechitah?

2. ... the seven thousand men who did not kneel before Ba'al who did so?

(c)And how do we know that Achav's servants ...

1. ... who performed the Shechitah, were not righteous? Even if they had been, why would they not have been afraid of Izevel, like the men who had not knelt before Ba'al?

2. ... did not Shecht for Yehoshafat's servants (who were wicked), and Ovadyah, for Yehoshafat?

(d)Finally, how do we know that Achav did not eat together with his servants from their Shechitah, and Yehoshafat together with his servants from theirs?

14)

(a)We conclude however, that for two reasons they must have eaten, too. One is because the Pasuk writes "Vayizbach ... Vayesiseihu", implying that he enticed him by means of the food, rather than the drink. The other - is based on the principle that it is not the way of a king to drink without eating.

(b)We know that it was not ...

1. ... the Navi Ovadyah (who was also a servant of Achav) who performed the Shechitah - because one Shochet would not have sufficed to Shecht 'many animals', as the Pasuk writes.

2. ... the seven thousand men who did not kneel before Ba'al - since they had to remain in hiding from the wicked Queen Izevel.

(c)We also know that Achav's servants ...

1. ... who performed the Shechitah, were not righteous - because of the principle based on the Pasuk in Mishlei, that a wicked king has wicked servants (though even if they had been, they would not have had to hide from Izevel [like the men who had not knelt before Ba'al]), any more than Ovadyah, who was a servant too, since they were all members of the royal household.

2. ... did not Shecht for Yehoshafat's servants (who were wicked), and Ovadyah Shechted for Yehoshafat - because, again based on the Pasuk in Mishlei, a righteous king (in this case, Yehoshafat) has righteous servants.

(d)Finally, we know that Achav did not eat together with his servants from their Shechitah, and Yehoshafat together with his servants from theirs, since - Yehoshafat clearly did not segregate from Achav, as we will now explain.

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