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Previous daf Chulin 14
CHULIN 14-15 - Two weeks of study material have been dedicated by Mrs.
Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the
merit of supporting and advancing Talmud study during the week of his
Yahrzeit serve as an Iluy for his Neshamah.
1) [line 1] SHABBOS (AVOS MELACHAH: SHECHITAH)
(a) There are thirty-nine Avos Melachos (categories of creative acts) that
are forbidden mid'Oraisa on Shabbos. Each Av Melachah has Toldos
(sub-categories) that are also forbidden mid'Oraisa. A list of the Avos
Melachos is found in the Mishnah in Shabbos 73a.
(b) Shechitah, slaughtering an animal, is one of the Avos Melachos
prohibited on Shabbos.
(c) A person who transgresses one of the Avos or Toldos of Shabbos and was
unaware that the act was a Melachah, *or* he was unaware that the day was
Shabbos, needs to bring a Korban Chatas to atone for the sin. If he had full
intent to do the Melachah, he may be liable to Kares (his life is cut short
and/or his children will die out) or Sekilah (Halachic stoning). Kares
applies if he was not warned, and two witnesses did not see the act. Sekilah
applies if he did the Melachah after receiving a proper warning not to do
it, and two witnesses saw him do it.
2) [line 4] ASURAH B'ACHILAH L'YOMA - it is forbidden to be eaten on that
3) [line 4] NASVIN CHEVRAYA L'MEIMAR - the scholars of the Yeshiva thought
4) [line 6] REBBI YEUDAH D'HACHANAH - Rebbi Yehudah's ruling regarding
Hachanah, the requirement that an object be designated for use before
Shabbos in order to be permitted to be used on Shabbos
5) [line 6] MECHATCHIN ES HA'DILU'IN - we may slice gourds
6) [line 9] EINAH MIN HA'MUCHAN - it is not designated for use (MUKTZAH:
(a) MUKTZAH - The word Muktzah literally means "set aside at the brink [of
one's intentions for use]." The term is used to describe items that are set
aside not to be used right now, such as wood stacked in a barn. In a broader
sense, the word Muktzah includes anything that a person did not intend to
use during Bein ha'Shemashos at the start of Shabbos (or Yom Tov), for
whatever reason it may be.
(b) THE ARGUMENT OF THE TANA'IM - Rebbi Yehudah and Rebbi Shimon argue as to
whether one may move or use on Shabbos items that fit into certain
categories of Muktzah. There are at least six different categories of
Muktzah over which Rebbi Yehudah and Rebbi Shimon disagree [1. Hiktzehu
mi'Da'ato; 2. Nolad; 3. Muktzah Machmas Isur (also known as Migo
d'Iskatza'i); 4. Muktzah Machmas Mi'us; 5. Keli she'Melachto Eino Ela
l'Isur; 6. Muchan l'Adam Eino Muchan l'Kelavim.] On Shabbos, objects that
fit into one of these categories may not be moved according to Rebbi
Yehudah. There are other categories of Muktzah that may not be moved
according to both Rebbi Yehudah and Rebbi Shimon [such as 1. Muktzah Machmas
Gufo; 2. Huktzah l'Mitzvaso; 3. Davar she'Eino Ra'uy she'Decha'o b'Yadayim;
4. Davar he'Asur Bein ha'Shemashos she'Lo Chashav she'Yavo l'Yedei Heter
b'Shabbos; 5. Muktzah Machmas Chisaron Kis.]
(c ) MUCHAN L'ADAM EINO MUCHAN L'KELAVIM is the type of Muktzah that our
Sugya is discussing. It is important to note that there are two distinct
types of Muktzah which may be included in this expression: (1) If the laws
of Shabbos or Yom Tov prevent man from using an object. For example, on
Shabbos, a live animal is not fit for human use since it is forbidden to
slaughter an animal on Shabbos. Even though live animals are sometimes fed
to dogs, since this animal is not fit for *humans* at present it is Muktzah
(even according to Rebbi Shimon) and may not be fed to dogs. (2) If
something happens to an object *on Shabbos* that makes it unfit for man, it
may not even be fed to dogs, according to Rebbi Yehudah. (This is a form of
Nolad). For example, if an animal was alive before Yom Tov (and was fit for
man, since he could slaughter and eat it on Yom Tov) and then died on Yom
Tov, becoming unfit for man, Rebbi Yehudah prohibits feeding it to dogs.
7) [line 10] ISKAN - prepared, designated for use
8) [line 15] L'GADEL - to raise offspring
9) [line 20] BEREIRAH
(a) In numerous places in Shas we find arguments among the Tana'im/Amora'im
as to whether "Yesh Bereirah" (i.e. Bereirah works) or "Ein Bereirah" (i.e.
Bereirah does not work). Bereirah means making one's action contingent
retroactively on future events. Examples of this are: selling an object on
the condition that it rains tomorrow; buying or selling *today* an object
that will be selected tomorrow. "Ein Bereirah" means that such a stipulation
does not work. An action cannot be contingent on a future event. The Ran
(Nedarim 45b) explains the logic of this rule by saying, "It is not proper
for something to take effect, when there remains a doubt on *what* it will
take effect" (see Insights to Chulin 14:3). "Yesh Bereirah" means that such
a stipulation does work.
(b) When the action is contingent on a *past* event, there is no question
that the action works -- even if the people involved in the action are not
aware as to whether the past event did or did not take place. For example,
if a person makes two Eruvei Techumin before sundown on Erev Shabbos, in two
different directions, and stipulates, "if the Chacham is *presently* staying
in the town towards the east, I would like the eastern Eruv to work, if not,
I would like the western Eruv to work." The man making the Eruv might not
know where the Chacham, but when he finds out, the Eruv will have taken
effect on the side that he stipulated.
(c) We find many instances in the Gemara where a person may perform an
action "on the condition that..." (b'Tenai). For example, a man may buy or
sell an object or divorce his wife on the condition that the other party
pays or does whatever the first party specifies. If the condition is not
kept *in the future*, the sale or divorce is annulled. This situation is not
called Bereirah -- see Insights to Chulin 14:5.
(d) Halachically, most Poskim conclude (based on Beitzah 38a) that regarding
Biblical questions (mid'Oraisa), we assume that Bereirah does not work
(l'Chumra), but with regard to Rabbinical questions (mid'Rabanan), we rely
10) [line 21] HA'LOKE'ACH YAYIN MI'BEIN HA'KUSIM - one who buys wine from
among the Kusim. See Background to Chulin 3:8.
11) [line 21] SHNEI LUGIN SHE'ANI ASID L'HAFRISH HAREI HEN TERUMAH - two
Lugin [of wine] that I will separate, in the future, are hereby Terumah
(TERUMAH \ MA'ASER RISHON \ MA'ASER SHNENI)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to
the owner's house or yard, he must separate Terumah Gedolah from the crop
and give it to a Kohen. Although the Torah does not specify the amount to be
given, the Rabanan set the requirement at one fiftieth of the total crop.
After Terumah is removed from the produce, one tenth of the produce that
remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi,
in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser,
to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been separated from
it. Until the Terumos have been separated, the produce is called Tevel. The
punishment for eating Tevel is Misah b'Yedei Shamayim (Sanhedrin 83a).
(c) A second tithe is given every year after Ma'aser Rishon has been
separated. The tithe that is separated in the third and sixth years of the
7-year Shemitah cycle is called Ma'aser Ani and is given to the poor.
(d) The tithe that is separated during the first, second, fourth and fifth
years is called Ma'aser Sheni. The Torah requires that Ma'aser Sheni be
brought and eaten by its owner in Yerushalayim. Anyone who eats Ma'aser
Sheni produce outside of the walls of Yerushalayim (without Pidyon,
redemption -- see (e) below) receives Malkus (RAMBAM Hilchos Ma'aser Sheni
(e) Alternatively, Ma'aser Sheni produce may be redeemed (Pidyon), in which
case the money used to redeem it is brought to Yerushalayim. If the owner
himself redeems the produce, he must add an additional *fifth* (of the
ensuing total, or a *quarter* of the original value). The food that is
bought with this money in Yerushalayim becomes Kodesh like Ma'aser Sheni and
must be eaten b'Taharah. Ma'aser Sheni that was redeemed by anyone besides
the owner is exempt from the additional fifth.
12) [line 23] MEICHAL V'SHOSEH MIYAD - (a) he redeems ("Meichal," short for
"Mechalel") the Ma'aser Sheni and then he may drink the wine (RASHI); (b) he
may begin ("Meichal," short for "Maschil") to drink the wine (RABEINU
GERSHOM to Me'ilah 22a)
13) [line 2] SHEMA YIBAKA HA'NOD - the barrel (or leather bottle) might
break (and the wine will spill out, and he will never be able to separate
the Terumah and Ma'asros)
14) [line 3] LECHESHE'YIBAKA - when it will break [we will worry about it];
i.e. we need not worry that it will break, because such an occurence is so
uncommon, and even if it does break a watchman can be appointed to guard it
(RASHI to Sukah 24a, Gitin 26a)
15) [line 5] EIN ADAM MASNEH - a person may not stipulate a condition
16) [line 6] IM BA CHACHAM LA'MIZRACH EIRUVO LA'MIZRACH - if the sage comes
to the east, the Eruv will be to the east (EIRUVEI TECHUMIN)
(a) A person is allowed to walk only a distance of 2000 Amos, approximately
960 meters (3147 feet) or 1,152 meters (3774 feet), depending upon the
differing Halachic opinions, from his city (or dwelling place if he is not
in a city) on Shabbos or Yom Tov. If he wants to walk another 2000 Amos, he
must make an Eruv Techumin.
(b) This is accomplished by placing an amount of food that would be used for
two meals nearly 2000 Amos away from his present location, in the direction
in which he wishes to walk. The location where his food is placed is
considered his new dwelling or *place of Shevisah* for that Shabbos or Yom
Tov, and he may walk 2000 Amos in any direction from there.
17) [line 7] L'CHAN UL'CHAN LO - [if, before Shabbos or Yom Tov, a person
wants to establish his Eruv Techumin in the direction to which a sage will
come so that he can walk to the sage to learn Torah from him, and he thinks
that two sages might come, one to the east and one to the west,] he cannot
say, "If one sage comes from this direction, and another sage comes from the
other direction, I will choose [on Shabbos] which Eruv I want to be valid."
This case relies on Bereirah (see above, entry #9), and Rebbi Yehudah
maintains that Bereirah is not effective.
18) [line 8] V'HAVINAN BAH - and we ask about it
19) [line 12] KOL HA'KELIM HA'NITALIN B'SHABBOS - all utenstils that may be
handled on Shabbos. See above, entry #6.
20) [line 13] ME'EIN MELACHAH - any form of useful purpose (but it does not
have to be the same purpose for which the original utensil was used)
21) [line 13] SHIVREI AREIVAH - broken pieces of a basin (used for dough)
22) [line 14] PI CHAVIS - the top (cover) of a barrel
23) [line 14] SHIVREI ZECHUCHIS - broken pieces of glass
24) [line 15] PI HA'PACH - the top of an oil jug
25) [line 16] ME'EIN MELACHTAN - a form of their [original] purpose
26) [line 17] LA'TZUK L'SOCHAN MIKPAH - to pour into them a thick mass of
grist, oil and onions
27) [line 23] NOLAD
(a) MUKTZAH - see above, entry #6
(b) NOLAD - When an item did not exist in its present form during Bein
ha'Shemashos between Friday and Shabbos, but rather it was created (or was
significantly changed) on Shabbos, it belongs to the category of Muktzah
known as Nolad ("born"). Utensils that broke on Shabbos did not exist in
their present form before Shabbos. Therefore, they are considered Nolad.
Similarly, date pits from dates that were eaten on Shabbos are Nolad, since
they were part of a fruit when Shabbos entered and emerged as pits only on
Shabbos. Moving such items is prohibited according to Rebbi Yehudah, since a
person could not have had in mind to use them before Shabbos, when they did
not yet exist. It is permitted according to Rebbi Shimon, since he holds
that advance positive intention to use an item on Shabbos is not necessary.
28) [line 24] OCHLA D'IFRAS HU - it is food that has become separated (from
29) [line 26] EIN SOCHATIN - it is forbidden to squeeze the liquid out of a
fruit (AVOS MELACHAH: SECHITAH)
(a) AVOS MELACHAH - see above, entry #1.
(b) Sechitah, squeezing the liquid out of a fruit, is a form of the Melachah
of Mefarek, which is a Toldah of Dash (threshing). The Melachah of Dash
consists of separating a natural product from its natural container through
treading on it (e.g. wheat from chaff). Squeezing the liquid out of a fruit
also separates the liquid from its natural container, the fruit.
30a) [line 28] IM L'OCHLIN - if [the fruits have been designated] for food
[to eat, and not for their juice]
b) [line 29] IM L'MASHKIN - if [the fruits have been designated] for their
juice [and not to eat]
31) [line 34] MIDI HU TA'AMA ELA L'RAV - are we not trying to explain the
reasoning of Rav (who says that it is prohibited to eat, on Shabbos, the
meat of an animal slaughtered on that day, in accordance with the view of
32a) [line 38] NER CHADASH - a new lamp (which has never been used)
b) [line 38] YASHAN - a lamp which has been used
33) [line 40] MUKTZEH MACHMAS MI'US / MUKTZEH MACHMAS ISUR
If an object is so disgusting (Mi'us) that people generally do not use it at
all, Rebbi Yehudah and Rebbi Shimon argue as to its status on Shabbos. Rebbi
Yehudah prohibits moving it because it is considered to be "Muktzah Machmas
Mi'us." Rebbi Shimon (who holds of a much narrower definition of Muktzah)
permits moving and using it on Shabbos. (See above, entry #6.)