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Chulin 101

CHULIN 101-102 - 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 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.

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.

(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.
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).
(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.

(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.


(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 added.

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 ha'Tum'ah 1:1).
(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)

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