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Previous daf Chulin 101
CHULIN 101-102 - Sponsored by a generous grant from an anonymous donor.
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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
 Tosfos 101b DH l'Achar Ma'aseh:
The words "*v'Im* Nomar"
should be "*v'Af Im* Nomar" (based on Tosfos ha'Rosh)
1) [line 1] ISUR CHAL AL ISUR
See below, entry #6.
2) [line 4] EIN B'GINDIN B'NOSEN TA'AM
See Background to Chulin 99:16.
3) [line 11] EINO CHAYAV ELA ACHAS - he is only liable to one [set of
Malkus, for eating Gid ha'Nasheh, the prohibition for which was in existence
when the animal was born, while the prohibition against eating Neveilah only
came into being when the animal died]
4) [line 13] OLAH - a burnt offering, none of which is eaten
5) [line13] SHOR HA'NISKAL
(a) The term Shor ha'Niskal refers to any animal or bird that is stoned to
death by Beis Din. Such an animal is Asur b'Hana'ah after the death sentence
is issued. One of the instances of Shor ha'Niskal is an animal that killed a
person, as described in Shemos 21:28-31.
(b) In the event that an animal killed a person, only if two witnesses saw
the act is the animal stoned by Beis Din and Asur b'Hana'ah. If only one
witness saw it, or if there were no witnesses but the owner told Beis Din of
the incident, the animal is not stoned and is Mutar b'Hana'ah. If it is a
type of animal that is normally fit to be brought as a Korban, it is Mutar
b'Hana'ah but is unfit to be brought as a Korban.
6) [line14] ISUR KOLEL / ISUR MOSIF / ISUR CHAMUR
(a) An object that is already prohibited by one Isur Torah cannot become
prohibited by a second one (Ein Isur Chal Al Isur). However, there are a
number of possible exceptions to this principle (when we rule Isur Chal Al
Isur) that are debated by the Tana'im (Chulin 101a):
1. Isur b'Vas Achas - Two Isurim may take effect at the same instant to
prohibit the same object.
(b) According to Rebbi Shimon, an object that is already prohibited can
*never* become prohibited by another Isur, even if the second Isur is Kolel,
Mosif or Chamur.
2. Isur Kolel - The second Isur may take effect if it includes objects that
the first Isur did not (e.g. Yom ha'Kipurim prohibits not only the eating of
Neveilos, but Kosher foods as well. Similarly, our Sugya mentions the Isurim
of Neveilah and Tereifah, which prohibit not only the Chelev of the animal,
but its meat, as well).
3. Isur Mosif - The second Isur may take effect if it adds a new dimension
of Isur to the first (e.g. it prohibits the object to people who were not
included in the first Isur, or it makes the object Asur b'Hana'ah and not
just Asur to be eaten.)
4. Isur Chamur (according to Rebbi Yehudah) - A more stringent Isur can take
effect on an object that is already prohibited by a less stringent Isur
(e.g. the prohibition of Gid ha'Nasheh is more stringent than the
prohibition of non-Kosher animals, since it applied to Benei Yakov when they
were still permitted to eat non-Kosher animals).
7) [line17] TAMEI SHE'ACHAL ES HA'KODESH BEIN KODESH TAMEI... (TUM'AS BASAR
/ TUM'AS HA'GUF)
(a) TUM'AS BASAR - If an animal of Kodshim becomes Tamei, its meat is
forbidden to be eaten as it states, "veha'Basar Asher Yiga b'Chol Tamei Lo
Ye'achel" - "and the [sacrificial] meat that will touch any source of Tum'ah
shall not be eaten" (Vayikra 7:19).
(b) If a person eats a k'Zayis of sacrificial meat that is Tamei b'Mezid
(intentionally) after Hasra'ah (being forewarned), he is punished with
Malkus (lashes). If he was not given Hasra'ah, he is *not* Chayav Kares
(Pesachim 24b; SEFER HA'CHINUCH Mitzvah #145).
(c) TUM'AS HA'GUF - Regarding a *person* who becomes Tamei the verse states,
"b'Chol Kodesh Lo Siga," (Vayikra 12:4) from which we learn that it is
forbidden for a person who is Tamei to *eat* Kodshim.
(d) The punishment for transgressing this Lav intentionally is Kares. If one
transgresses it unintentionally he must bring a Korban Oleh v'Yored (see
Background to Chulin 21:16b; SEFER HA'CHINUCH Mitzvah #167). If a person who
is Tamei eats the blood of Kodshim, he does not transgress this prohibition.
8) [line 2] SHABBOS V'YOM HA'KIPURIM
(a) The punishment for intentionally transgressing Shabbos after being
forewarned is Sekilah (stoning) by Beis Din, whereas the punishment for
intentionally transgressing Yom ha'Kipurim is Kares, at the hands of Heaven
(a lesser punishment).
(b) On Shabbos it is only forbidden to do Melachah ("creative work"),
whereas on Yom ha'Kipurim eating and drinking is prohibited as well. As a
result, when Yom ha'Kipurim falls on Shabbos, Melachah is prohibited by the
coming of Shabbos and Yom ha'Kipurim, since Yom ha'Kipurim is an Isur Kolel
with regard to Shabbos, since the prohibitions of eating and drinking were
9) [line 7] EIPUCH - switch [the authors of each opinion]
10) [line 10] KEVI'AH V'KAIMA - is fixed and established
11) [line 15] SHEMADA - a time of persecution
12) [line 17] KOL NECHUSEI - all of those [scholars] who go down [to Bavel,
to transmit the teachings of Eretz Yisrael to Bavel]
13) [line 25] L'ACHAR MA'ASEH - after the incident of the fight between
Yakov and the Angel of Esav (see Background to Chulin 89:34a)
14) [line 26] MEHA'HI SHA'ATA - from that time [that the sons of Yisrael
carried their father to his burial place] (RASHI)
15) [line 29] 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 Gemara (Chulin 128b) brings a source from the verses to show that
Ever Min ha'Chai is Metamei like a limb of a Neveilah. A Neveilah is a
carcass of a Kosher animal that died without a Halachic slaughtering (or
that was slaughtered improperly). A k'Zayis or more of a Neveilah makes a
person or an object Tamei through Maga (contact). It is Metamei a Keli
Cheres (an earthenware utensil) if it enters the utensil's interior and is
Metamei a person with Tum'as Masa (by carrying it) to cause him, in turn, to
be Metamei the clothes that he is wearing (RAMBAM Hilchos She'ar Avos
(c) 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)
(d) 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.).
(e) All opinions agree that the prohibition for Nochrim against eating Ever
Min ha'Chai applies to both Kosher and non-Kosher animals.
(f) For a Jew, however, there is a Machlokes: Rebbi Yehudah and Rebbi Elazar
rule that it applies to all animals for a Jew also. Rebbi Meir rules that it
applies only to a Kosher Behemah (i.e. domesticated farm animals such as
cows, goats and sheep). The Chachamim rule that it applies to all Kosher
animals (Behemos and Chayos) and fowl. The Halachah follows this opinion
(SHULCHAN ARUCH Yoreh De'ah 62:1).
16) [line 33] "RAK CHAZAK L'VILTI ACHOL HA'DAM KI HA'DAM HU HA'NAFESH,
[V']LO SOCHAL HA'NEFESH IM HA'BASAR." - "Only be sure that you eat not the
blood; for the blood is the life; [and] you may not eat the life with the
flesh." (Devarim 12:23)