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KIDUSHIN 57

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SUMMARY

Shimon ha’Amsuni Darshened every ‘Es’ in the Torah, however when he reached ‘Es Hashem Eloka’ichem Tira’ he withdrew. (1)
 
R. Akiva says that ‘Es Hashem Eloka’ichem Tira’ includes Talmidei Chachamim.
 
An Egla Arufa and the birds of Metzorah are forbidden to derive benefit from.
 
R. Yochanan says that the birds of a Metzorah are forbidden b’Hanaah from the time of Shechitah, while Rei’ish Lakish holds that they are forbidden from the time they are taken. (2)
 
An Egla Arufa is forbidden b’Hanaah from the time it is taking down into Nachal.
 
The bird of the Metzorah that is sent away is permitted to be eaten, while the one that is Shechted is forbidden b’Hanaah
 
If the bird of a Meztorah was found to be a Tere’ifah it is permitted to derive benefit from it and a replacement shall be matched up with the other bird. (3)
 
If the bird of a Metzrah was Shechted without an Eizov, Erez or Sheni ha’Tolaas, R. Ya'akov holds that since it had been set aside for the Mitzvah is forbidden b’Hanaah, while R. Shimon argues. (4)
 
An animal that had been set aside to be brought as a Korban for an Avodah Zorah and an animal that was worshipped as an Avodah Zorah may not be brought as a Korban.
 
If witnesses testify that animal is a Rove’iah or Nirvah it is forbidden to derive benefit from the animal. (5)
 
The bird of a Metzorah shall not be sent out to the sea, or the desert or into the city, rather he shall stand in the city and send it out of the city.
 
If Kodesh is sold the Kedushah is transferred on the proceeds while the original Kodesh is now permitted.
 
It is forbidden to derive benefit from the hair of a Nazir; if it sold the hair remains prohibited and the proceeds are permitted.
 
R. Yehudah holds that is forbidden to derive benefit from a Peter Chamor, while R. Shimon disagrees.
 
After the Arifah of the Peter Chamor even R. Shimon agrees that it is forbidden to derive benefit from it.
 
R. Yishmael says that the Torah states three times it is forbidden to cook a kid in the milk of its mother, once for the prohibition of eating, once for the prohibition of deriving benefit, and the third for the prohibition of cooking.
 
R. Shimon Ben Yehudah says that that if meat is cooked with milk it is forbidden to eat but it is permitted to derive benefit from it.
 
A Tre’ifah is forbidden to eat, but it is permitted to derive benefit from it.
 
It is forbidden to derive benefit from Kodshim that is Shechted outside of the Bais ha'Mikdash.
 
It is forbidden to derive benefit from Chulin that was Shechted in the Azarah, however one who Shects Chulin in the Azarah is not Chayav Kares.
 
Behe’imos, Chayos and birds of Chulin, whether they are Temimim or Baalei Mumim may not be not be Shechted in the Azarah

A BIT MORE

1. He was afraid to equate anything to the fear of Hashem
 
2. Rei’ish Lakish holds that both birds are forbidden from the time they are taken and the one that is sent away becomes permitted at the time that it is sent.
 

 
3. According to R. Yochanan even if it only became a Tere’ifah at the time of the Shechitah it is permitted, however Rei’ish Lakish holds that as soon as the bird is taken it is forbidden to derive benefit from it and therefore the bird is only permitted if the bird was a Te’rifah from the beginning and thus it never had Kedushah on the first place.
 
4. R. Ya'akov and R. Shimon both agree that the bird of a Meztorah is only forbidden from the time of Shechitah, R. Ya'akov holds that a non-Kosher Shechitah is regarded as a Shechitah and therefore the bird is forbidden while R. Shimon holds that a non-Kosher Shechitah is not regarded as a Shechitah at all.
 
5. An animal that is a Rove’iah or a Nirvah is put to death and once the Din is concluded to put to death it is forbidden to derive benefit from it.

BRIEF INSIGHT

THE GREATNESS OF A TALMID CHACHAM
 
Shimon ha’Amsuni Darshened every ‘Es’ in the Torah, however when he reached ‘Es Hashem Eloka’ichem Tira’ he withdrew. He said just as I received reward for my Drashos so too I will be rewarded for with drawing. The Maharshah explains that it is an honor for the Torah that every word is Darshened and it doesn’t contain even one superfluous word. However he refused to equate anything with the fear of Heaven because part and parcel of the Mitzvah of fearing Heaven is not to equate anything with the fear of Heaven. Therefore he said I will receive reward for my withdrawal because he is fulfilling the Mitzvah of fearing Heaven. However, R. Akiva held that including a Talmid Chacham in the Mitzvah of fearing Heaven is not a dishonor to Heaven because by fearing Talmidei Chachamim one is also fearing Hevaen as Chazal teach us that the fear of our Rav shall be like the fear of Heaven.

QUICK HALACHAH

BASAR B’CHALAV
 
The Torah states three times ‘do not cook a kid in its mother’s milk, once for the prohibition of cooking, once for the prohibition of eating and the third time for the prohibition of Hana’ah. The Torah used the term cooking for the prohibition of eating in order to teach us that the prohibition of eating only applies if it was cooked together, however m’Derabbanan it is forbidden even if it was not cooked together. Anytime meat and milk is only forbidden mid’Derabbanan it is permitted to derive benefit from it. (Shulchan Aruch YD 87:1)
 
Chicken and milk and meat and milk that was pickled rather than cooked is only forbidden m’Derabbanan. (Shach)

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