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Chulin 86

CHULIN 86-90 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

*****************************GIRSA SECTION*****************************
We recommend using the textual changes suggested by the Bach and the
marginal notes of the Vilna Shas. This section is devoted to any *OTHER*
important corrections that Acharonim have pointed out in the Gemara, Rashi
and Tosfos

[1] Tosfos 86a DH Mai Taima...:
The words "v'Iy Palga u'Falga, Im Semoch Palga d'Mekulkalin"
should read "v'Iy Palga u'Falga, Im *Ken* Semoch Palga d'Mekulkalin" (Tosfos

1) [line 16] HA'ZIKIN - the comets
2) [line 16] VEHA'ZEVA'OS - and the earthquakes
3) [line 16] VEHA'RUCHOS - (Fr. estrobeil) whirlwinds; stormy winds
4) [line 17] VEHA'RA'AMIM - and the thunder
5) [line 18] V'NASNU CHACHAMIM EINEIHEM B'REBBI CHIYA U'VANAV - and the Chachamim "set their eyes" upon Rebbi Chiya and his sons (indicating that the lack of earthquakes, whirlwinds etc. was due to the meritorious deeds of Rebbi Chiya and his sons)

6) [line 18] KI MEHANYA ZECHUSAIHU A'ALMA; A'DIDEHU LO - their great merits benefited the world; not themselves (so that they would not receive any reward for their deeds in this world; rather, all of the reward was saved for the next world -- RAV Y. LANDY)

7) [line 22] CHANINA BENI - Chanina, my son, i.e. Rebbi Chanina ben Dosa (some of the meritorious deeds of Rebbi Chanina ben Dosa are recorded in Ta'anis 24b-25a)

8) [line 25] BEINAN L'VEIN ATZMAN - by themselves (without anyone with reason watching)

9) [line 26] OSO V'ES BENO
See Background to Chulin 81:5.

(a) It is a Mitzvah to administer the punishment of Malkus Arba'im (Torah lashes) to one who is liable to Malkus, as the Torah states, "v'Hipilo ha'Shofet v'Hikahu" - "and the judge shall cast him down and whip him" (Devarim 25:2). Malkus d'Oraisa is administered in Eretz Yisrael by a court of three judges who are Semuchin (Halachically ordained), whether the Beis ha'Mikdash stands or not (RAMBAM Hilchos Sanhedrin 16:2). Courts outside of Eretz Yisrael can administer only Makas Mardus (Rabbinic lashes, see Background to Menachos 70:27).
(b) A person is only liable to Malkus Arba'im if he transgresses a *Lav* (a negative commandment) of the Torah that is not "modified," such as a Lav shebi'Chelalos (see Background to Menachos 58:15), a Lav she'Nitak l'Aseh (see Background to Chulin 81:1), etc. A prohibition that is implied by a positive commandment is never punishable by Malkus. In addition, in order to be liable he must transgress in front of witnesses after receiving a proper warning.
(c) Malkus are administered in numbers of three, with a maximum amount of thirty-nine for each transgression. The culprit is examined to determine how many lashes he can withstand. He stands leaning against a post and his clothes are ripped until his heart is revealed. The agent of Beis Din, a Torah scholar who is specifically weak, stands on a rock behind him, whipping one third of the lashes on his chest and two thirds on his back, one third on each shoulder (Makos 22b).
(d) During the whipping, the most distinguished judge of the court reads the verse "Im Lo Sishmor La'asos Es Kol Divrei ha'Torah ha'Zos... v'Hifla HaSh-m Es Makoscha..." - "If you will not be careful to perform all the words of this Torah... then HaSh-m will make your blows extraordinary..." (Devarim 28:58-59). For each blow, the deputy judge counts out loud the number of each lash and a third judge calls out "Hakehu!" - "Whip him!" If the culprit dies from the lashing, the agent of Beis Din is exempt from any punishment. However, if he administers an extra lash due to a mistake in the count, and the extra lash causes the culprit to die, he must go to Galus (exile, see Background to Makos 7:10).

11) [line 37] L'NAKER CHATZEIRO - to clean his yard (by covering up blood with earth)

12) [line 38] ASHPAH - a garbage heap
13) [line 38] BA LI'MALECH - if one were to come to the Chachamim to ask what to do [if he noticed the blood of an animal that was slaughtered by a Cheresh, Shoteh or Katan]

14) [line 50] REBBI MEIR CHAYISH L'MI'UTA - Rebbi Meir is concerned for the minority
Rebbi Meir is of the opinion that we do not follow the majority if there is a Safek (a doubt), but rather we consider the matter to be still in doubt. (According to one opinion in TOSFOS, Rebbi Meir only considers it a Safek mid'Rabanan, for according to the Torah we *can* rely on a Rov -- Tosfos to Chulin 12a DH Pesach, and to 86b DH Semoch; see Background to Chulin 11:2.)

15) [line 50] SEMOCH MI'UTA L'CHAZAKAH, V'ISRA LEI RUBA - [even if there were a *majority* of Chershin, Shotin and Ketanim who perform Shechitah properly, we would not follow that majority, since we would employ the following reasoning:] add the minority [of them who perform Shechitah *improperly*] to the Chazakah [of Isur of Ever Min ha'Chai that prohibits the animal from being eaten while it is alive], to override the majority [of them who perform Shechitah properly] (and there is no apparent need for Rebbi Ami to explain "Ho'il v'Rov Ma'aseihem Mekulkalin)

16) [line 53] DARKO SHEL TINOK L'TAPE'ACH - children are in the habit of playing (a) with Sheratzim (see Background to Menachos 29:25) in garbage heaps (RASHI); (b) with dough (TOSFOS)

17) [last line] ROV TINOKOS METAPCHIN - most children are in the habit of playing [in garbage heaps or with dough] (RUBA D'LEISEI KAMAN) A Ruba de'Leisa Kaman is a majority that is not present and countable, but rather a predictable consequence of natural events (statistics) -- for instance, the majority of animals give birth within a year of their birth.


18) [line 1] SEMOCH MI'UTA L'CHAZAKAH, V'ISRA' LEI RUBA - add the minority [of children who do not play in garbage heaps or with dough] to the Chazakah [of Taharah of the dough], to override the majority [of children who do play in garbage heaps or with dough]

19) [line 10] L'ITRUDEI - to become confused, to quarrel (RASHI to Erchin 16b)

20) [line 12] LO SHEVAKTUN LI D'ISHAILEI - you did not leave me [the opportunity] to ask him (Rebbi Aba brei d'Rebbi Chiya bar Aba, who was one of the elder sages of the generation)

21) [line 30] "KI NEFESH KOL BASAR, DAMO V'NAFSHO HU" - "For the life of all flesh, the blood of it is for its life" (Vayikra 17:14)

22) [line 31] HAI "O" MIBA'EI LEI L'CHALEK - that word "O" (from the verse "Chayah *O* Of" -- Vayikra 17:13) is needed to differentiate [between Chayah and Of such that each one will require Kisuy ha'Dam, as opposed to teaching that the requirement falls only when slaughtering both of them]

23) [line 33] SHE'EINO MEVARECH ELA BERACHAH ACHAS - that he only recites one Berachah [on the Shechitah, even if he performed Kisuy ha'Dam in between the slaughter of a Chayah and an Of]

24a) [line 36] HAV LIVRICH - Give [us wine] in order to say Birkas ha'Mazon
b) [line 36] HAV LISHTI - Give [us wine] to drink
25) [line 37] ITSAR LEI L'MISHTEI CHAMRA - it becomes prohibited for him to drink wine [without a new Berachah Rishonah]

26) [last line] D'ITPAL LEI L'KISUY - that he set himself to the task of covering the blood

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