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Chulin 33

CHULIN 32-33 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) [line 1] MI MITZTAREF SIMAN RISHON L'SIMAN SHENI L'TAHARAH MI'YDEI NEVEILAH - Does the first Siman (the trachea) combine with the second Siman (the esophagus) to render [the limb that extended out of the mother's womb] Tahor from Tum'as Neveilah? (When the limb was is its mother's womb, the Shechitah of the mother would have rendered the entire fetus permitted to eat and Tahor from Tum'as Neveilah. Once the limb was extended, the Chachamim rule (Daf 68b) that that limb has the status of "Tereifah Shechutah," which is Tahor but prohibited to eat. Ilfa ponders whether or not the Shechitah of the trachea (which had the potential to permit the limb to be eaten and to render it Tahor from Tum'as Neveilah), can combine with the Shechitah of the esophagus (after the limb was extended, which only had the potential to render the limb Tahor from Tum'as Neveilah), thus resulting in a limb that is Tahor from Tum'as Neveilah.)

2a) [line 8] MEZAMNIN YISRAEL AL BENEI ME'AYIM - we can invite Yisraelim to eat the intestines [of animals that were slaughtered]
b) [line 8] EIN MEZAMNIN OVDEI KOCHAVIM AL BENEI ME'AYIM - but we cannot invite Nochrim to eat the intestines [of animals that were slaughtered, because of the lungs] (since Reish Lakish rules that once the trachea is severed, the lungs are considered to be "lying in a basket," then after Shechitah, they are considered to have been removed from the animal before it stops convulsing. As such, they are prohibited to Nochrim because of "Ever Min ha'Chai," because the animal is considered to be alive after Shechitah until it stops moving entirely -- RASHI; see Insights as to why Rashi mentions the lungs when the Gemara only mentions the intestines.)

3a) [line 12] OVDEI KOCHAVIM, DEB'NECHIRAH SAGI LEHU - Nochrim, who may eat meat even when the animal is killed by Nechirah (i.e. killing the animal not by Shechitah; see Background to Chulin 27:41)
b) [line 12] UV'MISAH TALYA MILSA - and the matter (the ability of Nochrim to eat meat) is dependant [only] upon the animal dying

4) [line 13] EVER MIN HA'CHAI
(a) Ever Min ha'Chai refers to a *limb* that is detached from an animal when it is alive, whether the limb contains only flesh (such as the tongue or heart) or whether it contains bone, flesh and sinews (such as a hand or foot). Basar Min ha'Chai refers to *flesh* detached from an animal when it is alive. Both are forbidden to be eaten by the Torah (RAMBAM Hilchos Ma'achalos Asuros 5:1).
(b) The prohibition for Benei Yisrael to eat Ever Min ha'Chai is learned from the verse, "v'Lo Sochal ha'Nefesh Im ha'Basar" - "You shall not eat the spirit together with the flesh" (Devarim 12:23). If the limb contains only flesh (e.g. the tongue or heart), one receive lashes for eating a k'Zayis of flesh. If the limb contains bones, sinews and flesh, then the bone and sinews may be combined with the flesh to make up a k'Zayis if the limb is eaten in its natural state (i.e. if the flesh was not detached from the limb prior to its consumption). One does not receive lashes for eating less than a k'Zayis, even if he ate an entire limb. (RAMBAM Hilchos Ma'achalos Asuros Ch. 5; SEFER HA'CHINUCH #452)
(c) The prohibition for Nochrim to eat Ever Min ha'Chai is learned from the verse, "... mi'Kol Etz ha'Gan Achol Tochel." - "... from all of the trees of the Garden [of Eden] you may surely eat" (Bereishis 2:16). The implication is that Adam may eat from all of the trees, but he may not eat Ever Min ha'Chai (Sanhedrin 56b). This follows the teaching of Rebbi Yochanan. Other sages learn the prohibition from different verses (ibid.).

5) [line 17] HA'ROTZEH LE'ECHOL MI'BEHEMAH KODEM SHE'TETZEI NAFSHAH - one who wants to experience the taste of flesh taken from an animal before it dies (he must, however, wait until after its death to eat it)

6) [line 19] BEIS HA'SHECHITAH - the neck, the place where the animal is slaughtered

(a) In order to prepare meat after it is slaughtered, the Gemara (Chulin 113a) teaches that one must "salt it very well and rinse it very well." The RAMBAM (Hilchos Ma'achalos Asuros 6:10; SHULCHAN ARUCH YD 69:6) states that in order to remove the blood from meat it must be salted for the amount of time that it takes to walk one Mil. The BI'UR HALACHAH (OC 459:2) writes that when it comes to salting meat, we are stringent and consider a Mil to be 24 minutes, and thus require that meat be salted for at least 24 minutes (that is b'Di'eved; l'Chatchilah, meat should be salted for at least an hour).
(b) Our Gemara states that if one wants to eat the meat of an animal before it is actually dead, he should cut off a k'Zayis of meat after the Shechitah while it is still Mefarkeses (twitching), salt it "very well" and rinse it "very well," and wait for the animal to die. Afterwards he may eat it. RASHI (DH Yafeh) explains that Mefarkeses meat must be salted and rinsed more than normal meat. Normally, blood is forced out of the meat when the animal breathes its last breath, but this meat was taken from the animal before it had a chance to do that.
(c) Both TOSFOS (33a DH Molcho) and the RAN (ibid.) learn that the Mefarkeses meat of our Sugya was going to be eaten roasted and not cooked. Tosfos proves this from the fact that the Gemara does not require that the meat be washed before salting, while the Ran proves this from the fact that the Mefarkeses is not yet dead by the time we are ready to eat it. (Preparing cooked meat takes much more time than preparing roasted meat, since cooked meat must first be salted for an extended period of time, as above, (a).)
(d) Salting very well and rinsing very well is usually only necessary before *cooking* meat. Since this meat is only being roasted, it must be that the meat of a Mefarkeses is treated differently from ordinary meat, for the reason that Rashi gives. (M. Kornfeld)

8) [line 20] MAMTIN LAH AT SHE'TETZEI NAFSHAH - he waits until it dies
9) [line 29] NE'ECHALIN B'YADAYIM MESU'AVOS - (lit. they may be eaten with hands that are Temei'os) they may be eaten without Netilas Yadayim (see Background to Chulin 31:17a)

10) [line 29] LEFI SHE'LO HUCHSHERU V'DAM - since they have not received the Hechsher of being wetted by blood (HECHSHER: DAM)
See Background to Chulin 31:18.

11) [line 30] HUCHSHERU BI'SHECHITAH - they were prepared to receive Tum'ah by the process of Shechitah alone, even without blood

See Background to Chulin 31:17a.

See below, entry #28.

14) [line 40] "AL HA'ARETZ TISHPECHENU KA'MAYIM" - "you shall spill it (the blood) on the ground like water" (Devarim 12:16, 24, 15:23)

15) [line 41] SHE'EINO NISHPACH KA'MAYIM EINO MACHSHIR - that is not poured on the ground like water (but must be received in a holy utensil and cast on the Mizbe'ach, or used for any other Mitzvah) is Machshir (See Background to Chulin 31:18)

16) [line 44] CHIBAS HA'KODESH MACHSHARTAN - the Endearment Of Kodesh makes it fit to become Tamei (CHIBAS HA'KODESH)
(a) The more precious an object is, the more it is guarded. It is therefore required that we guard Kodesh from Tum'ah more stringently than we guard Chulin or Terumah. For this reason, Kodesh can become Tamei even if it has never come in contact with a liquid, the usual process for making something Huchshar l'Kabel Tum'ah (see Background to Chulin 31:18).
(b) Likewise, even Kodesh items that are inedible (such as the wood for the Mizbe'ach and Levonah, frankincense) can become Tamei as if they were foods.
(c) According to RASHI (Pesachim 19a DH Alma) this Tum'ah of wood and frankincense of Hekdesh is only mid'Rabanan, while according to TOSFOS (ibid. DH Alma, Chulin 35a DH Ein), this Tum'ah is mid'Oraisa (see Insights to Pesachim 19a, 20a).

(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 to Yerushalayim and eaten there by its owner. 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 2:5). Once the Ma'aser Sheni produce enters the walls of Yerushalayim, it may not be redeemed. It is considered "Niklat," "captured" by the walls.
(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.
(f) There is a limitation as to the foods that may be purchased with Ma'aser Sheni money. Only foods that are classified as "Pri mi'Pri" (items that has been produced from something that has been produced) and "Gedulei Karka" (foodstuffs that are grown from the ground) are permitted. These limitations exclude the purchase of salt and water (and possibly mushrooms -- Eruvin 27b).


(a) This phrase means, "Whoever [is Tahor according to the Torah but] needs to immerse in a Mikvah (or wash his hands with Netilas Yadayim -- RASHI to Chagigah 18b, see Insights to Chagigah 18:2) by a Rabbinical decree (as listed in Shabbos 13b)." The people or items with this status are as follows:

1. HA'OCHEL OCHEL RISHON - a person who eats a food that is a Rishon l'Tum'ah
2. HA'OCHEL OCHEL SHENI - a person who eats a food that is a Sheni l'Tum'ah
3. HA'SHOSEH MASHKIN TEME'IN - a person who drinks liquids that are Teme'im
4. HA'BA ROSHO V'RUBO B'MAYIM SHE'UVIN - a person who, on the day upon which he has immersed in a Mikvah, submerges most of his body and his head in water that has been drawn (see Insights to Shabbos 14:2)
5. TAHOR SHE'NAFLU AL ROSHO V'RUBO SHELOSHAH LUGIN MAYIM SHE'UVIN - a person who is Tahor, upon whom fall three Lugim of water that has been drawn (see Insights ibid.)
6. HA'OCHLIM SHE'NITME'U B'MASHKIN - food that touches liquids that were Teme'im
7. HA'KELIM SHE'NITME'U B'MASHKIN - utensils, the insides of which are touched by liquids that were Teme'im (see TOSFOS to Shabbos 14b DH Ela b'Mashkin ha'Ba'in Machmas Sheretz)
8. STAM YADAYIM - a person's hands are considered to be a Sheni l'Tum'ah unless he washes them and concentrates on keeping them Tehorim from the time that they were washed and onward
9. YADAYIM HA'BA'IM MACHMAS SEFER - a person whose hands touched one of the 24 Kisvei ha'Kodesh (see TOSFOS to Shabbos 14a DH ha'Ochez)
(b) The first seven require Tevilah, while the latter two only require Netilas Yadayim. In all of these cases, the person - or his hands - are considered to be a Sheni l'Tum'ah until he is Metaher himself.

b) [line 1] METAMEI ES HA'KODESH - they cause food items of Kodesh to become Shelishi l'Tum'ah (which can themselves cause other food items of Kodesh to become Revi'i l'Tum'ah)
c) [line 2] POSEL ES HA'TERUMAH - they cause items of Terumah to become Shelishi l'Tum'ah (which may not be eaten. However, they do not cause other items of Terumah to become Revi'i l'Tum'ah, since there is no status of Revi'i l'Tum'ah of Terumah)
d) [line 2] MUTAR B'CHULIN UV'MA'ASER - they are permitted to eat Chulin and Ma'aser Sheni
e) [line 3] VA'CHACHAMIM OSRIM B'MA'ASER - Chachamim prohibit them from eating Ma'aser Sheni
19) [line 7] V'HA NEGI'AH HI - and we are referring to a case of touching the food, since our Mishnah deals with a person with hands that are Temei'os who slaughters an animal for another person to eat

20) [line 8] MI LO ASKINAN D'KA SAFI LEI CHAVREI? - Are we not dealing with a case where one person (with hands that are Temei'os) provides the food for someone else (since the Mishnah uses the word "Ne'echalin," "they may be eaten," and not "Ochlin," "one eats")?

21) [line 10] YADAYIM TECHILOS - hands that are Temei'os at the level of a Rishon l'Tum'ah, which can render food Tamei

22) [line 11] EIN YADAYIM TECHILOS L'CHULIN - [the Rabanan rule that] hands that are Temei'os at the level of a Rishon l'Tum'ah are not considered Rishon l'Tum'ah for Chulin; [only for Terumah and Kodashim] (RASHI)

(a) The marks of Tzara'as for houses consist of intense green or intense red streaks or spots that are at least the size of two Gerisin (a Gris is a Cilician bean, approximately the size of a dime) (Nega'im 12:3). If Tzara'as is found on the walls of a house, it is put into quarantine by a Kohen for a week. Before the Kohen puts the house into quarantine, he commands that the house be emptied of its contents to prevent its utensils from becoming Temei'im.
(b) The Torah states (Vayikra 14:39) "v'*Shav* ha'Kohen," to prescribe that the Kohen *return* six days later to check the house. If the Tzara'as has spread, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week. If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(c) On the other hand, if the Tzara'as did not change after the first week, the Kohen leaves it as is and returns again six days later. The verse states (Vayikra 14:44) "u'*Va* Ha'kohen," which means "if, when the Kohen *comes* back to the house to inspect it a second time, he finds that the spot of Tzara'as has spread, the house is Tamei." Chazal teach that this verse is referring to a spot of Tzara'as that does *not* spread during its first week. The Kohen "comes back to the house" after a second week to see whether the spot has spread, remains, or has disappeared. If the Tzara'as has *either* spread *or* remained, one must remove (Choletz) the stones with Tzara'as from the house, scrape off the surrounding plaster, insert new stones and re-plaster the entire house. The house is then put into quarantine for another week (Vayikra 14:40). If the Tzara'as returns to the house during the following week, the owner must dismantle (Notetz) the entire house (Vayikra 14:45). The stones from the house must be taken out of the city, and they remain Asur b'Hana'ah forever.
(d) Even though the words "v'Shav" and "u'Va" are not identical, they are referring to the same action; namely, the Kohen entering the house to inspect it. This relates the two verses to each other with a Gezerah Shavah. Just as the house is not dismantled if the Tzara'as spreads during the first week -- unless the stones are scraped and the Tzara'as returned to the house after a week of quarantine -- so, too, the house is not dismantled if the Tzara'as spread during the second week unless it returns to the house after the quarantine period that follows the scraping.
(e) If during one of the inspections at the end of the first or second week the Kohen finds that the Tzara'as has disappeared or diminished in intensity such that it can no longer be classified as a Nega, the location of the spot alone is scraped and the house is declared Tahor after the owner follows the procedure for being Metaher houses. (RAMBAM Hilchos Tum'as Tzara'as 15:2)
(f) TAHARAS BAYIS HA'MENUGA - On the day that a house is declared by a Kohen to be free of Nega'im, the owner takes two kosher birds, a piece of cedar, some crimson wool and an Ezov branch. One of the birds is slaughtered over fresh spring water in a clay bowl. A Kohen dips the other bird, along with the other articles, into the spring water that is mixed with the blood and sprinkles it seven times on the lintel on the house, from the outside. The living bird is sent away towards the fields. Both birds are Asur b'Hana'ah, but the Isur is removed from the living bird after it is sent off to the fields. This completes the purification process of the house. (Vayikra 14:49-53)

24) [line 18] BI'AH V'MIKTZAS LO SHEMAH BI'AH - a partial entry [into a Bayis ha'Menuga] is not considered an entry [and as such, the person himself does not become Tamei, just his hands]

25) [line 27] BO VA'YOM - on that day [that the Chachamim appointed Rebbi Elazar ben Azaryah to be the Nasi in place of Raban Gamliel, as explained in Berachos 28a.] (Raban Gamliel's policy was to limit entrance to the Beis ha'Midrash; only a scholar who was "Tocho k'Varo," i.e. whose inside was known to match his outside was permitted to enter (as a result of which many great Talmidei Chachamim were refused entry). When Rebbi Elazar ben Azaryah became the Nasi, he removed the guard from the Beis ha'Midrash, with the dramatic result that so many Talmidim poured in, that four hundred (others say, seven hundred) benches were added. In his opinion, anyone who wished to learn should be entitled to enter. Due to the sudden influx of Talmidim who had previously been barred from entering the Beis ha'Midrash by Raban Gamliel, many issues that had remained obscure were now discussed. Maseches Eduyos was composed on that day. The Talmidei Chachamim all "testified" (Edus = testimony) what they had received from their teachers. So powerful was the Divine inspiration that ensued that the entire Maseches is Halachah. Raban Gamliel (in order to prove irrefutably that his actions were l'Shem Shamayim and not, as it may appear, out of arrogance), continued to appear daily in the Beis ha'Midrash, not missing as much as one single day - in spite of his having been deposed!)

26) [line 27] "V'CHOL KLI CHERES [ASHER YIPOL MEHEM EL TOCHO; KOL ASHER B'SOCHO] YITMA, [V'OSO SISHBORU.]" - "And any earthenware utensil [into which they (Sheratzim) will fall; everything [that is a food or drink] that is inside it] shall become Tamei [and you shall break that utensil]." (Vayikra 11:33)

27) [line 29] L'TAMEI ACHERIM - to cause other items to become Temei'im (since the verse uses the word "Yitma" instead of "Tamei," Rebbi Akiva teaches that this word can also be read "Yitamei," which refers to the item causing other items to become Temei'im)

(a) All objects belong to one of three categories:

  1. Sources of Tum'ah
  2. Objects that can become Tamei
  3. Objects that cannot become Tamei
(b) All sources of Tum'ah are called Av ha'Tum'ah, except for a corpse, which can generate more Tum'ah than any other object and is therefore referred to as the "Avi Avos ha'Tum'ah."
(c) When one object makes another object Tamei, the second object has a weaker Tum'ah than the first. If something becomes Tamei from an Av, it is called a Rishon l'Tum'ah. A Rishon makes a Sheni l'Tum'ah. (Liquids are an exception to this rule. The Chachamim decreed that liquids should always be a Rishon, even if touched by a Sheni.)
(d) A Sheni L'Tum'ah cannot make Chulin Tamei mid'Oraisa. Even mid'Rabanan, there is no such thing as Shelishi L'Tum'ah with regard to Chulin. Terumah, however, can become a Shelishi L'Tum'ah. (Also, if someone guarded his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and can become a Shelishi.) However, Rebbi Akiva in our Mishnah *does* bring a source from the Torah that a Sheni l'Tum'ah can make Chulin Tamei mid'Oraisa as a Shelishi l'Tum'ah. The Halachah follows the former opinion.
(e) Terumah that is a Shelishi l'Tum'ah cannot make other Terumah Tamei. However, it may not be eaten. It is referred to as "Pasul" (invalid) rather than "Tamei." Kodesh (objects associated with the sacrifices) that is touched by a Shelishi l'Tum'ah can become a Revi'i. A Revi'i of Kodesh is also called "Pasul."

A person who often eats Kodshim (e.g. Korbanos Shelamim or Todah) and wants to train his household in the Mitzvos that apply to the consumption of Kodshim, or a person who wants to train himself in these Mitzvos, may decide that he wants all of the Chulin in his house to be eaten "Al Taharas ha'Kodesh" - "as if they were Kodshim." He must be careful that no Tum'ah comes in contact with his food. There is a Machlokes as to whether his Chulin may become a Shelishi or a Revi'i l'Tum'ah, like Kodshim, or not. Aba Shaul, who rules that they are not like Kodshim, is of the opinion that they can only become a Sheni l'Tum'ah, like normal Chulin (Nidah 71b).

30a) [line 34] HA'OCHEL OCHEL RISHON, RISHON - one who eats food that is a Rishon l'Tum'ah becomes a Rishon l'Tum'ah (contrast with above, entry #18a)
b) [line 35] SHENI SHENI - one who eats food that is a Sheni l'Tum'ah becomes a Sheni l'Tum'ah (contrast with above, entry #18a)

31) [line 37] SHENI L'KODESH V'EIN SHENI LI'TERUMAH - [a person who eats a food that is a Shelishi l'Tum'ah becomes] a Sheni with regard to Kodshim but not a Sheni with regard to Terumah (the person who eats the Shelishi l'Tum'ah, although he is considered a Sheni for Hekdesh, and he makes Hekdesh into a Shelishi, is not considered a Sheni for Terumah. He does not even make the Terumah Pesulah (see above, entry #28).

If someone guards his Chulin from Tum'ah as one normally guards Terumah, it is called "Chulin she'Na'asu Al Taharas Terumah," and has laws that are similar to Terumah. (With regard to Hekdesh, however, *everything* is considered a Rishon l'Tum'ah - even Terumah itself! A person who eats Terumah Tehorah is also a Sheni l'Kodesh. Such is the stringency of Hekdesh!)

33) [last line] CHUL see above, entry #29

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