1)

DOES ONE BECOME A MUMAR DUE TO ONE TRANSGRESSION? [Mumar :becoming]

(a)

Gemara

1.

(R. Yochanan): If one slaughtered a (Chulin) animal in order to pour the blood or burn the Chelev to idolatry, the animal is forbidden.

2.

(Reish Lakish): The animal is permitted.

i.

He does not consider this Avodah (Shechitah) to be for idolatry. We do not learn from Avodas ha'Mikdash (Pigul) to Chulin outside the Mikdash. R. Yochanan holds that since he later intends to serve idolatry with this animal, we consider this Avodah to be for idolatry. We learn from Avodah in the Mikdash to Chulin outside the Mikdash..

3.

Chulin 14a (Mishnah): If one slaughters on Shabbos or Yom Kipur, even though he is Chayav Misah, the Shechitah is Kosher.

4.

41a: Only a Nochri forbids another's property. If a Yisrael poured libations, he did not really intend for idolatry, rather to vex the owner of the wine.

5.

Question (Mishnah): If Yakov and Do'eg slaughtered together, and Yakov intended for idolatry, and Do'eg intended for Shechitah, it is invalid.

6.

Answer: The case is, Do'eg is a Mumar (he truly serves idolatry.)

7.

81b (Mishnah - R. Shimon): One is exempt (for Oso v'Es Beno, slaughtering an animal and its mother on one day) if he slaughtered for idolatry.

8.

Chachamim say, this is considered Shechitah.

9.

(Reish Lakish): Chachamim are Mechayev for Oso v'Es Beno only if the second was slaughtered with proper intent. If the second was slaughtered for idolatry, since he is liable to death, he is exempt for Oso v'Es Beno.

10.

(R. Yochanan): Even if the second was for idolatry, he is liable for Oso v'Es Beno if he was warned only for it, but he was not warned about idolatry.

11.

Gitin 47a: A man in mortal danger asked R. Ami to redeem him. Rabanan said 'he is a Mumar. We saw him eat Neveilos and Treifos.'

12.

R. Ami suggested that perhaps he desired eating them. When he heard that sometimes he prefers Isur to Heter, he refused to redeem him.

(b)

Rishonim

1.

Rambam (Hilchos Shechitah 1:29): One who slaughters on Shabbos, even though he would be Chayav Misah if he were Mezid, it is valid Shechitah.

2.

Tosfos (14a DH ha'Shochet): The Gemara suggested that our Mishnah discusses even b'Mezid. If so, why is the Shechitah valid? He is a Mumar to be Mechalel Shabbos! Perhaps this is only when he does so in public. Also, we can say that one is not a Mumar due to one Aveirah. We learn from Reish Lakish. He permits a Shechitah with intent to pour the blood to idolatry, even though the Shochet is Chayav Misah. Also, we tried to prove that a Yisrael can forbid another's property from a Mishnah about two who slaughtered, and one intended for idolatry (41a). We answered that he is a Mumar. If so, even if he intended for Shechitah, the Shechitah is Pasul! If we say that one Aveirah does not disqualify Shechitah, this is not difficult (he served idolatry only once before).

3.

Rashba (14a DH Masnisin): Tosfos says that one is not a Mumar due to one Aveirah. We learn from 81b. R. Yochanan obligates even if the second Shechitah was for idolatry, but he was not warned about idolatry. Shechitah of a Mumar is not Shechitah at all! Rather, he is not a Mumar until after the Shechitah in which he transgresses. We need not say so in the conclusion, for our Mishnah discusses Shogeg. It means that if he were Mezid, he would be Chayav Misah.

4.

Hagahos Ashri (Chulin 1:7): After he transgressed (idolatry or Shabbos) two or three times, one may not eat from his Shechitah, for he is like a Nochri. The first time he was Shochet (to idolatry or on Shabbos) is not forbidden. There is no clear proof to permit what he slaughters after this.

(c)

Poskim

1.

Shulchan Aruch (YD 2:5): A Mumar Lehach'is (to anger Hash-m), even in one matter, is like a Kusi.

i.

Shach (16): This is even for one Aveirah (Maharshal).

2.

Shulchan Aruch (ibid): A Mumar to serve idolatry is like a Nochri.

i.

Shach (17): Poskim argue, and the primary opinion holds that for idolatry, one becomes a Mumar to the entire Torah even for one Aveirah in private. One becomes a Mumar for even one Chilul Shabbos in public. However, he is not a Mumar for that Shechitah on Shabbos or for idolatry. That Shechitah is forbidden only because it was for the sake of idolatry (but not due to the person). The Shulchan Aruch connotes like this in Siman 4 and 11, and the Maharshal connotes like this in Chulin 1:7.

3.

Shulchan Aruch (6): Only the Rambam requires checking the knife for a Mumar to any other Aveirah. If he is merely Pasul for testimony due to an Aveirah, even the Rambam does not require checking.

i.

Shach (19): A Mumar is Mu'ad (to transgress). Pasul for testimony is when he transgressed once.

ii.

Sifsei Da'as: Mu'ad is when he transgressed three times.

4.

Shulchan Aruch (4:3): If a Yisrael slaughtered a Nochri's animal for idolatry, even if the Nochri intended for idolatry, it is Kosher. If the Yisrael thought that the Nochri will throw the blood for idolatry, it is Pasul.

i.

Shach (4): The Rashba learned this in Toras ha'Adam from his question that it should be due to Shechitas Mumar. This is not difficult for the Poskim who say that one Aveirah does not make a Mumar. However, the Beis Yosef (below) brings from the Rashba that one becomes a Mumar only after three times! Also, there is no difficulty for the Poskim who say that he does not become a Mumar for that Shechitah itself. The Rashba himself concluded that there is no proof, for one can say that he intended to serve it through the end of Shechitah.

ii.

Beis Yosef (119 DH Od, citing R. Yonah, and DH Kosav ha'Rashba): One is Meshumad to be Mechalel Shabbos in public, if he was established to transgress three times, in front of 10. The Rashba (Teshuvah 430, 687) says that the former is a Meshumad in every way.

iii.

Har Tzvi (YD 105 DH Mechalel): For slaughter to idolatry, the Rashba holds that one is a Mumar after one Aveirah. Tevu'os Shor (11) says that the Rashba is more lenient about Yayin Nesech (and requires three times). Hagahos Ashri connotes that three Aveiros make a Mumar. He is unsure about one who transgressed twice. Tosfos said only that once does not make a Mumar. Perhaps also he is unsure if three times are needed!

5.

Shulchan Aruch (11:2): If one slaughters on Shabbos, even though he would be Chayav Misah if he were Mezid, the Shechitah is Kosher.

i.

Beis Yosef (DH ha'Shochet): The Gemara said that he was Shogeg. It connotes that if he were Mezid, it would be forbidden. It seems that the Rambam holds like this. However, Tosfos said that we could say that he was Mezid, but it was in private. Also, we can say that he does not become a Mumar due to one Aveirah. Zevachim 10a supports this.

ii.

Taz (2): This connotes that if he were Mezid, it would be forbidden, for he is a Mumar. If so, we discuss in public. Why didn't the Tur teach a bigger Chidush, and permit even b'Mezid but not in public? The Tur holds that one is not a Mumar due to one Aveirah. He discussed only Shogeg because the Gemara said that if he was Mezid, we fine (to forbid the food).

6.

Shulchan Aruch (YD 251:1): A transgresser regarding a Torah Mitzvah, if he did not repent, one need not sustain him or lend to him.

i.

Taz (1): The Prishah says that one is not called a Mumar Lehach'is due to one transgression. This is unlike the Rambam, Tur, and Beis Yosef. Also Gitin 47a connotes like them; 'Zimnim (sometimes)' means once (Kesuvos 85). Tosfos was unsure whether one becomes a Mumar to the entire Torah for one Chilul Shabbos, but there is no Safek about a Mumar Lehach'is. One does not save him until he repents. This resembles a Moser, whom we kill due to one Aveirah (Bava Kama 117a, CM 388:10).

ii.

Shach (3): One is a Mumar Lehach'is once he seeks to anger Hash-m. He is an Apikores. We seek his death, and do not save him. There is no reason to require more Aveiros.

7.

Shulchan Aruch (CM 388:10): One may kill a Moser before he is Moser, even nowadays. If Do'eg says 'I will be Moser Ploni or his money', we warn him. If he persists, it is a Mitzvah to kill him.

8.

Shulchan Aruch (15): If one is established three times to be Moser, we seek strategies to exterminate him from the world.

i.

Shach (57): Maharam bar Baruch and Teshuvas ha'Rosh (17:1) say that this is after three times, which all agree makes a Chazakah.

ii.

Chasam Sofer (2:120, cited in Pischei Teshuvah 120:1): If Levi pressed wine on Shabbos in front of 10 Yisre'elim, he is called Mechalel Shabbos in public.

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