THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
BECHOROS 6 - dedicated by Rav Mordechai Rabin (from Manchester/ London/
Yerushalayim), in honor of the Yahrzeit of his mother on 28 Sivan.
1) AGADAH: INCREASING THE HONOR OF HASHEM
QUESTION: The Gemara says that Rebbi Shimon derives from the word "Es" in
the verse "Es ha'Gamal" (Vayikra 11:4) that the milk of Tamei animal is
forbidden. The Rabanan, who derive this Halachah from a different source,
maintain that we cannot derive Halachos from the word "Es" in the Torah.
To demonstrate that there are those who expound the word "Es" and that
there are those who do not, the Gemara cites a Beraisa which relates that
Shimon ha'Amsoni (or, according to others, Nechemyah ha'Amsoni) used to
expound every word "Es" that appears in the Torah as a Ribuy, adding
something to the Halachah of the verse in which the word "Es" appears.
When he arrived at the word "Es" in the verse, "Es Hashem Elokecha Tira"
-- "You shall fear Hashem your G-d" (Devarim 6:13), he did not expound the
word "Es." His students asked him, "Rebbi! What will be now with all of
the words 'Es' that you heretofore expounded?" He replied, "Just as I
received reward for expounding (Derishah), so, too, I received reward for
ceasing to expound (Perishah)."
2) THE FLUIDS THAT COME OUT OF A NON-KOSHER ANIMAL
The Beraisa continues and says that the word "Es" in the verse was not
expounded until Rebbi Akiva came and taught that the word "Es" in the
verse, "Es Hashem Elokecha Tira," is a Ribuy to teach that one must revere
From Shimon ha'Amsoni's statement, "k'Shem she'Kibalti" -- "just as I
received," it is evident that he was giving equal importance to his
refraining from expounding the word "Es" as he gave to his expounding of
the word "Es." In what way was his refraining from expounding "Es" equal
in importance to expounding it?
ANSWER: The MAHARSHA (Kidushin 57a) explains that the Derashah of each
word "Es" that Shimon ha'Amsoni had made was for the sake of increasing
the honor of Hashem ("Marbeh Kevod Shamayim"). His aim was to show how
even the smallest word in the Torah has great meaning and importance and
is not extra. His motive for refraining from the Derashah of "Es" in the
verse of "Es Hashem Elokecha Tira" was the same: to increase the honor of
Hashem. Since there is nothing else in the world that deserves the same
Yir'ah that one must have for Hashem, refraining from adding something
else was a way of showing the tremendous degree of Yir'as Hashem that a
person must have, thus increasing the honor of Hashem.
In this light, the Maharsha explains the view of Rebbi Akiva as well.
While he agrees that no creation in the world deserves the same degree of
Yir'ah as Hashem, there is, however, a certain type of Yir'ah that is
another way of showing honor to Hashem. When one reveres a Talmid Chacham,
the reverence is being given to the Torah knowledge which he has attained.
Such reverence is a form of giving honor to Hashem.
(The RASHBA in Kidushin (57a) says that even though Shimon ha'Amsoni
agrees to Rebbi Akiva on this point, nevertheless the magnitude and degree
of Yir'ah is still not the same, and therefore we cannot derive the
obligation to have Yir'ah for Talmidei Chachamim from the verse of Yir'as
Shamayim.) (See also Insights to Kidushin 57:1.)
QUESTION: The Mishnah (5b) states that everything that comes out of a
non-Kosher animal is not Kosher and may not be eaten, and everything that
comes out of a Kosher animal is Kosher.
3) HALACHAH: IS A NOCHRI PERMITTED TO EAT MILK OR EGGS
The Gemara here says that the Rabanan derive from the repetition of the
word "Gamal" (Vayikra 11:4 and Devarim 14:7) that not only is the meat of
a camel forbidden, but also its milk is forbidden. Rebbi Shimon maintains
that the prohibition to drink the milk of a camel is derived from the word
"Es" in the verse "Es ha'Gamal" (Vayikra 11:4).
The Gemara asks that this implies that were it not for the Derashah of
"Gamal, Gamal" according to the Rabanan, or "Es ha'Gamal" according to
Rebbi Shimon, we would have thought that the milk of a non-Kosher animal
is permitted. Why would we have thought such a thing? There is another
verse, "ha'Teme'im" (Vayikra 11:31), that teaches that all of the fluids
of a non-Kosher animal are also prohibited to eat!
The Gemara answers that since the Torah permits the milk that comes out of
a Kosher animal, which should have been forbidden because of Dam or
because of Ever Min ha'Chai, we might have thought that the Torah also
permits the milk of a non-Kosher animal, making it an exception to all of
the other things that come out of the animal. Therefore, we need an
additional Derashah to teach that milk of a non-Kosher animal is
The Gemara in Chulin (99b; see Insights there) teaches that the secretion
of a forbidden fish is forbidden mid'Rabanan and not mid'Oraisa. Why is it
forbidden only mid'Rabanan, if, as the Gemara here implies, everything
that comes from a non-Kosher animal is Asur mid'Oraisa?
(a) The KEHILOS YAKOV (Avodah Zarah 20:2) suggests as follows. The word
"ha'Teme'im" refers only to things which the Torah calls, "Tamei." In a
number of place, the Torah refers to forbidden animals as "Tamei" (see,
for example, Vayikra 11:7; see also ROSH to Avodah Zarah 2:42). The Torah
even uses the word "Tamei" to refer to a Kosher animal that is not fit to
be offered as a Korban (Vayikra 27:11; see Rashi there). Similarly, a
Kosher animal that became a Tereifah is considered "Tamei," because it is
unfit to be offered as a Korban. Accordingly, the secretions of such
animals are forbidden mid'Oraisa. In contrast, the Torah never uses the
word "Tamei" with reference to forbidden fish. Rather, the Torah calls
them "Sheketz" (see Vayikra 11:10). Therefore, the word "ha'Teme'im"
teaches only that the secretions of forbidden animals and insects are Asur
mid'Oraisa, but not the secretions of forbidden fish. (The Kehilos Yakov
points out that his approach is not consistent with the words of Tosfos in
Similarly, the CHAVOS DA'AS (YD 81:1) writes that the principle that
anything that comes out of a non-Kosher animal is not Kosher does not
apply to non-Kosher fish. The Gemara in Chulin (99b) calls the brine of
fish "Zei'ah b'Alma," it means that it is not included in the Isur of
fluids that come out of forbidden animals.
(b) The CHIDUSHEI CHASAM SOFER answers that there is a natural, physical
difference between the secretions of animals and the brine of fish.
(Apparently, this difference is that the secretions that emerge from an
animal are stronger and more similar to the animal itself, while the brine
of a fish is weak and is not similar to the fish.) The word "ha'Teme'im"
appears in the Torah at the end of the passage that enumerates the
forbidden Sheratzim (creeping creatures) and animals, and appears
considerable later in the passage than the prohibition against eating
forbidden fish, and therefore it does not refer to fish. Since the Torah
tells us that what comes out of the flesh of a forbidden species is
forbidden, we may derive that what comes out of the flesh of forbidden
meat of a Kosher species (such as Neveilah or Tereifah) is also forbidden.
However, fish brine has a different nature, and therefore we cannot derive
that it is forbidden from the fact that the secretions of forbidden
animals are forbidden. (D. Bloom)
QUESTION: The Gemara explains why we would have thought that the milk of a
non-Kosher animal is permitted if not for the Derashah of "Gamal, Gamal"
according to the Rabanan, or "Es ha'Gamal" according to Rebbi Shimon.
Since the Torah prohibits everything that comes from a live animal, and
yet it permits milk, we might have thought that the Torah also permits the
milk of a non-Kosher animal. Therefore, we need an additional Derashah to
teach that milk of a non-Kosher animal is forbidden.
The Gemara goes on to teach a number of sources from which we learn that
milk indeed is permitted even though it comes from a live animal.
It seems that we may make an interesting inference from the Gemara. The
Gemara says that the reason why we would have prohibited milk is because
it is considered Ever Min ha'Chai. The reason why milk is permitted is
because of a special verse that permits it. We know that the Isur of Ever
Min ha'Chai is one of the seven Mitzvos of Benei Noach. Accordingly, the
Isur of Ever Min ha'Chai should prohibit Nochrim from drinking milk, since
the verses that permit milk apply only to Jews! Why, then, is a Nochri
permitted to consume milk products?
(a) The TESHUVOS CHASAM SOFER (YD 19) concludes that the allowance for
Nochrim to consume milk products can be derived from the conduct of
Avraham Avinu, who served milk and butter to his guests (Bereishis 18:8)
whom he thought were Nochrim. Avraham Avinu certainly would not have
served such foods to Nochrim if they are forbidden to eat them.
HALACHAH: Many Acharonim point out that there is no necessity to prove
that milk and eggs are permitted to Nochrim. The KEREISI U'PLEISI (YD 81)
points out that although something that comes from a live animal is
prohibited, it is not prohibited because of the Isur of Ever Min ha'Chai
per se. Rather, the prohibition is derived from a second verse that
teaches that anything produced by a forbidden object is forbidden like the
object itself. That second verse is addressed only to Jews, and not to
Nochrim! Accordingly, a source to permit milk and eggs is necessary only
to permit them for Jews. For Nochrim, there is no reason to prohibit them
in the first place, because they are not included in the prohibition of
Ever Min ha'Chai.
Similarly, the SHITAH MEKUBETZES (#2) says that we cannot prove from
Avraham Avinu's conduct that milk is permitted to *Jews*, because Avraham
was feeding the milk to Nochrim (or at least to whom he thought were
Nochrim), and even though Nochrim have a prohibition of Ever Min ha'Chai,
they never accepted upon themselves a prohibition against eating milk, as
they did the other Mitzvos of Benei Noach (Bava Kama 38a).
However, TOSFOS in Chulin (64a) points out that eggs, too, come from a
live animal and thus they need a special verse to permit them. The verse
that permits eggs is the verse regarding Shilu'ach ha'Ken (Devarim 22:7)
that tells us to send away the mother bird before taking the eggs for
ourselves. However, this verse only permits eggs to Jews, but not to
Nochrim who have no Mitzvah of Shilu'ach ha'Ken. The Chasam Sofer's source
for the Heter for Nochrim to drink milk does not tell us anything about
eggs, since Avraham Avinu did not serve eggs to his guests. How, then, do
we know that Nochrim may eat eggs?
(b) TOSFOS in Chulin (33a, DH Echad) and others rule that it is not
possible for something to be permitted to a Jew and forbidden to a Nochri.
Accordingly, eggs -- which are permitted to a Jew -- must also be
permitted to a Nochri. The same applies to milk. (This does not apply to
eggs or milk from a Tereifah animal. According to Tosfos, since a Jew may
not eat eggs or milk from a Tereifah animal, they should also be
prohibited to a Nochri, since there is no source to permit them.)
However, the RAMBAM (Hilchos Melachim 9:13) rules that it is possible for
something to be permitted to a Jew and forbidden to a Nochri. Accordingly,
Nochrim should not be allowed to eat eggs.
The Chasam Sofer concludes that according to the Rambam a Nochri may not
eat eggs, and a Jew may not offer him eggs because of "Lifnei Iver."
According to Tosfos, one may not offer Tereifah eggs to a Nochri to eat.
However, one may sell eggs to a Nochri without specifying that they are
for eating, because the Nochri might intend to use them for a purpose
other than eating. In addition, it is easy to find eggs, and thus one does
not transgress "Lifnei Iver" by giving them to a Nochri.
The REISHIS BIKURIM finds support for this reasoning in the words of the
Shitah Mekubetzes (#2), who says that a Nochri would be allowed to drink
milk even if milk had *not* been permitted to Jews, since the prohibition
of milk is not included in any of the seven Mitzvos of Benei Noach.