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Chulin 38

CHULIN 37-40 - sponsored by Dr. Lindsay A. Rosenwald of Lawrence NY, in honor of his father, David ben Aharon ha'Levy Rosenwald of blessed memory.

1) [line 1] GO'AH - if it cries out loudly
2) [line 1] V'HETILAH RE'I - or it defecates
3) [line 2] ABA - Rav. Rav is called Aba (lit. father) (a) as a title of authority, since Rav was older than Shmuel (RASHI here and to Yevamos 57b); (b) because that was his name (RASHBAM to Bava Basra 52a, ARUCH, Erech Abaye, cited by TOSFOS DH Itztrich)

4) [line 2] LE'AZUZEI UNEI - to move its ears
5a) [line 18] AVI KOLAH - its "voice" is thick, loud
b) [line 18] AMI KOLAH - its "voice" is thin, weak
6a) [line 19] SHOSESES - its excrement just drips out alongside of the animal
b) [line 19] MATREZES - its excrement spurts out to a distance

7) [line 21] MAI B'SOF SHECHITAH? B'EMTZA SHECHITAH, L'AFUKEI TECHILAS SHECHITAH D'LO - What is meant by "[the Pirkus occurs] at the end of the Shechitah?" [it means that the Pirkus occurs] in the middle of the Shechitah, which excludes [when the Pirkus *only* occurs at] the beginning of the Shechitah, which is not [a sign of a healthy animal, but rather a Tereifah. Since it did not Mefarkes in the middle of the Shechitah, this shows that its life-force has left it before the Shechitah -- RASHI, according to the Girsa of DIKDUKEI SOFRIM #70]

8) [line 25] KOL HEICHI TEICHI V'SEIZIL?! - Will it go on living that long [to be able to stick out its leg and bring it back]?

9) [line 33] KOSLEI BEIS HA'SHECHITAH - the walls of the neck, at the point where the Shechitah took place

10) [line 44] V'IY ADIF, MAI AD? - (In RASHI DH Ad, the words *Mashma d'Adif Keivan Miba'ei Lehu l'Meimar* do not appear in the RASHI manuscript -- DIKDUKEI SOFRIM #90)

11) [last line] "SHOR O CHESEV O EZ KI YIVALED, V'HAYAH SHIV'AS YAMIM TACHAS IMO, [UMI'YOM HA'SHEMINI VA'HAL'AH YERATZEH L'KORBAN ISHEH LASH-M.]" - "A bull or a sheep or a goat that is born, it shall be under [the care of] its mother for seven days, [and on the eighth day and onward, it will be acceptable as a fire-offering to HaSh-m.]" (Vayikra 22:27)


(a) The word Kil'ayim means "forbidden mixture," which refers to two items, each of which is permitted, which the Torah prohibits to combine. Many different types of forbidden mixtures can be referred to by the term "Kil'ayim." Three types of Kil'ayim apply to plants: Kil'ei ha'Kerem (see Background to Menachos 69:48), Kil'ei Zera'im (see Background to Avodah Zarah 64:22) and Harkavas ha'Ilan (see Background to Kidushin 39:23a:d). Two types of Kil'ayim apply to animals: Harba'ah (see below), and Charishah b'Shor va'Chamor (see Background to Bava Metzia 90:34:c). One type of Kil'ayim applies to clothing: Sha'atnez (see Background to Menachos 39:5). (It is also prohibited to cook meat and milk together, but this is not referred to as "Kil'ayim.") Our Gemara refers to the Kil'ayim of Harba'ah.
(b) Harba'as Behemah refers to the prohibition of mating together any two different types of animals or birds (Bava Kama 54b), as the Torah states, "Behemtecha Lo Sarbi'a Kil'ayim" (Vayikra 19:19). One who intentionally transgresses this prohibition is liable to Malkos.
1. Animals that are produced through Harba'as Behemah are permitted to be used (see Tosfos Chagigah 2b DH Lisa).

13) [line 1] NIDMEH
An animal that does not appear to be of the same species as its mother or father, e.g. the parents are goats and it has the appearance of a sheep.

14) [line 2] YOTZEI DOFEN
(a) A child or animal born by a Caesarian birth is called a Yotzei Dofen (lit. it went out through the wall [of the abdomen]). Certain Halachos are associated with the Yotzei Dofen (see Background to Yevamos 84:1).
(b) If a person is Makdish a Yotzei Dofen it does not get Kedushas ha'Guf (its body does not attain the sanctity of a Korban). It is similar to Ba'alei Mumin, animals that have a defect before they were sanctified. Their value is given to Hekdesh and the animal becomes Chulin.

15) [line 3] MECHUSAR ZEMAN
(a) The Torah sets specific times to do some of the Avodos of the Korbanos. For example, the Lechem ha'Panim (see Background to Menachos 94:14) must be placed on the Golden Table in the Beis ha'Mikdash specifically on Shabbos, etc. If these Korbanos were offered before their appointed times, they do not become sanctified since they are "Mechuserei Zeman," i.e. they need to have had more time elapse before they should have been brought.
(b) Similarly, the slaughter and offering of all Korbanos, as well as the Kemitzah of the Korban Minchah (see Background to Menachos 72:25-32) is only Kosher during the daytime, and not at night. If a Kohen slaughters an animal or does Melikah on a bird (see Background to Chulin 19:11) at night, it is likewise considered Mechusar Zeman, and is Pasul.
(c) It is forbidden to offer an animal as a sacrifice before it is eight days old, as the verse states, "Shor O Chesev O Ez Ki Yivaled, v'Hayah Shiv'as Yamim Tachas Imo, umi'Yom ha'Shemini va'Hal'ah Yeratzeh le'Korban Isheh la'Sh-m." - "A bull or a sheep or a goat that is born, it shall be under [the care of] its mother for seven days, and on the eighth day and onward, it will be acceptable as a fire-offering to HaSh-m" (Vayikra 22:27). An animal that is less than eight days old is called "Mechusar Zeman", since time must pass before it can be offered as a Korban.

16) [line 3] YASOM - an orphan. The Gemara concludes that the Beraisa is referring to an animal that gave birth to its young a short time before its death (such that both of them were alive at the same time, even for an instant)

17) [line 17] RIFREIF - shook, flapped
18) [line 17] GAPO - it's wing
19) [line 22] HA'SHOCHET L'OVED KOCHAVIM - a Jew who slaughters an animal for its Nochri owner

20a) [line 23] AFILU SHACHATAH LE'ECHOL L'OVED KOCHAVIM - even if he slaughtered an animal for a Nochri to eat [a k'Zayis of the animal, which the Nochri bought from the Jewish Shochet -- TOSFOS DH me'Chatzer]
b) [line 24] ME'CHATZAR KAVED SHELAH - (O.F. ebres) the Yoseres, which is either the diaphragm (RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON)

21) [line 25] SETAM MACHSHEVES OVED KOCHAVIM LA'AVODAS KOCHAVIM - most intentions of an idolater are for the sake of idolatry (and thus a Shechitah performed by a Jew for an idolater is invalid, since Rebbi Eliezer rules that the intentions of the owner of the meat were for the sake of idolatry, and they invalidate the Shechitah; see Background to Chulin 8:17:e).

(a) A sacrifice that was slaughtered (or any of the other three main actions involved in offering a sacrifice: Kabalas ha'Dam, Holachas ha'Dam, Zerikas ha'Dam -- see Background to Menachos 2:18) with the intention of eating it or offering it Chutz li'Zemano (after its allotted time) becomes disqualified. Similarly, a Minchah that was offered with intentions of offering it (i.e. doing one of its essential Avodos) or eating it after its allotted time becomes disqualified.
(b) It is forbidden to eat such a Korban, as the verse states, "v'Im He'achol Ye'achel mi'Besar Zevach Shelamav ba'Yom ha'Shelishi, Lo Yeratzeh, ha'Makriv Oso Lo Yechashev Lo, *Pigul* Yiheyeh." - "If [the person offering the sacrifice plans] to eat it on the third day, [the sacrifice] will not be accepted. It is considered Pigul (putrid, rejected) and it will not be counted in his favor" (Vayikra 7:18).
(a) A Korban that was slaughtered with the intention of eating it or offering it outside of the *area* designated for it becomes disqualified, and may not be eaten or offered on the Mizbe'ach. This is learned from the verse that repeats the prohibition of Chutz li'Zemano, slaughtering a Korban with the intention of eating or offering it after its allotted time (Vayikra 19:7).
(b) If a person intentionally eats from a Korban that was offered with the intention of Chutz li'Mekomo, he receives Malkus (lashes). If he eats from it unintentionally, he does not bring a Korban Chatas.

23) [line 27] EIN HA'KOL HOLECH ELA ACHAR HA'OVED - the validity of the Korban follows the intentions of the person who performs the offering of the Korban (i.e. the Kohen)

24) [line 32] MEFAGLIN (PIGUL)
See above, entry #22:I.

25a) [last line] BIFNIM - inside [of the Azarah of the Beis ha'Mikdash; this refers to the laws of Pigul, see above, entry #22:I]
b) [last line] BA'CHUTZ - outside [of the Azarah of the Beis ha'Mikdash; this refers to the laws of Avodah Zarah, see Background to Chulin 8:17:e]

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