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Chulin 116

CHULIN 116 (27 Iyar) - Dedicated by Gitle Bekelnitzky in honor of the sixth Yahrzeit of her father, Zev ben Ephraim v'Chaya Krause.

*************************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] Gemara 116a [line 36]:
the words "Reisha *d'Tivasa*"
should be "Reisha *d'Tavasa*" (ARUCH)

[2] Rashi 116a DH Aval Chada mi'Telas:
The 5th word "Yochichu" is the end of this Dibur;
The words "Iy Hadar Dina v'Asi b'Mah ha'Tzad" are a new Dibur ha'Maschil

[3] Rashi 116b DH veha'Amar Shmuel:
The words "Ha Keivah Gufah" are a new Dibur ha'Maschil

1) [line 1] CHADA MI'CHADA - one [topic (e.g. Basar b'Chalav) learned] from one [other topic (e.g. Orlah)]

2) [line 2] CHADA MI'TARTEI - one [topic (e.g. Basar b'Chalav) learned] from two [other topics (e.g. Orlah and Chametz b'Pesach) using a Mah ha'Tzad analogy]

3) [line 3] CHADA MI'TELAS - one [topic (e.g. Basar b'Chalav) learned] from three [other topics (e.g. Orlah, Chametz b'Pesach and Kil'ei ha'Kerem) using a Mah ha'Tzad analogy]

4) [line 8] IKARAN NE'ESAR - their seeds becomes forbidden when they take root

5) [line 10] ATZITZ NAKUV - a flowerpot with a drainage hole, in which grain is planted

6) [line 10] IM HOSIF MASAYIM - if the grain in the flowerpot grows *more* than one part in 200 of its previous, permitted growth

7) [line 32] BI'MEKOMO SHEL REBBI ELIEZER - in the place where Rebbi Eliezer was the leading Rabbinic authority

8a) [line 33] HAYU KORSIN ETZIM LA'ASOS PECHAMIN LA'ASOS BARZEL - [if a Bris Milah was to be performed on Shabbos and no knife was available,] they would cut down trees to make charcoal in order to smelt iron [to forge a knife to perform the Bris Milah] (Rebbi Eliezer rules that Machshirei Mitzvah Dochin Es ha'Shabbos, all of the actions performed in preparation for a Mitzvah that is Docheh Shabbos, are also Dochim Shabbos. Rebbi Akiva argues with regard to those Machshirin that could have been performed before Shabbos, such as forging a knife, that they are not Docheh Shabbos.)

(a) A Jewish father has a Mitzvas Aseh to see that a Bris Milah is performed on his son, as the verse states, "va'Yamal Avraham Es Yitzchak Beno..." (Bereishis 21:4). If he does not fulfill his obligation, Beis Din is required to have him circumcised (ibid. 17:10). If Beis Din is likewise lax or unable to fulfill this Mitzvah, when the boy grows up, he must have Milah performed upon himself (ibid. 17:14). The punishment for a man who is not circumcised and refuses to fulfill the Mitzvah of Milah is Kares (ibid., see RAMBAM and RA'AVAD Hilchos Milah 1:1-2).
(b) The Mitzvah of performing the Milah on the eighth day after the child's birth overrides Shabbos. Thus, even though the procedure of the Milah constitutes a Melachah, it is permitted (and obligatory) on Shabbos. This is derived (in Shabbos 132a) from the verse, "uva'Yom ha'Shemini, Yimol Besar Orlaso." - "And on the eighth day, the flesh of his foreskin shall be circumcised" (Vayikra 12:3). However, Milah only overrides Shabbos when the obligation to perform it on Shabbos is certain, and not doubtful.

9) [line 36] RISHBA - bird-catcher
10) [line 37] (TIVASA) [TAVASA] - (O.F. paon) peacock (see Hagahos of Rav Yechezkel Landau on the margin))

11) [line 39] AMAI LO TESHAMTINHU - why do you not put him in Cherem?
(SHAMTA - excommunication)
(a) The minimum period of Niduy (excommunication) is thirty days in Eretz Yisrael or seven days in Bavel and elsewhere. If the Menudeh does not repent from his ways he is put into Niduy for a second thirty-day period. If he still does not repent, he is then put into Cherem. The laws of Cherem are much more stringent.
(b) No one may come within four Amos of the Menudeh, except for his wife and family. He is not permitted to eat or drink with other people, nor is he included in a Zimun or any other Mitzvah that requires a quorum of ten men. He may not wash his clothes, shave or take a haircut or wear shoes. Learning and teaching Torah, however, are permitted, as well as engaging in work. The last two are not permitted to a Muchram, who must learn by himself and engage in work to the minimum that will provide him daily sustenance. People may speak with the Menudeh or the Muchram unless Beis Din specifically prohibits it.
(c) Even if the period of Cherem or Niduy has ended, a person remains in Niduy or Cherem until he is permitted by three commoners or by an expert sage (SHULCHAN ARUCH Yoreh De'ah 334:27 and REMA ibid. 334:24)

12) [line 42] KEIVAS OVED KOCHAVIM - the rennet of a Nochri, curdled milk from the stomach of a calf that is used to curdle milk to make cheese

13) [last line] OR SHEL KEIVAH - the lining of the abomasum (fourth stomach) of young nursing animals, which is used for curdling milk


14) [line 3] MIPNEI SHE'KANUS B'MEI'EHA - since it is [considered a separate entity] enclosed in its stomach

15) [line 14] D'VADLINAN - that we are separated, that we stay away
16) [line 30] MISHNAH LO ZAZAH MI'MEKOMAH - the original Mishnah was not removed from its place even though it is no longer the Halachah

17) [line 33] SETAM MACHSHEVES OVED KOCHAVIM LA'AVODAS KOCHAVIM - most intentions of an idolater is for the sake of idolatry (and thus a Shechitah performed by an idolater was probably done for the sake of idolatry, and is invalid; see Background to Chulin 8:17:e).

18) [line 38] PIRSHA B'ALMA HU - it is merely waste

(a) Chelev refers to the fat of an animal that is offered on the Mizbe'ach. It consists of the layer of fat covering the stomachs, all the other fat attached to the stomachs, and the fat on the kidneys along the flanks (Vayikra 3:4). The verse states, "Chukas Olam l'Doroseichem b'Chol Moshevoseichem, Kol Chelev v'Chol Dam Lo Socheilu." - "It shall be an everlasting statute for your generations throughout all your settlements, that you eat neither [forbidden] fat nor blood." (Vayikra 3:17).
(b) It is forbidden to eat the Chelev of a Kosher Behemah (farm animal), but it may be used for any other purpose. The Chelev of a Chayah (a Kosher non-farm animal), however, may even be eaten. "Shuman" refers to all the other fat of an animal that is permitted.
(c) If a person eats a k'Zayis of Chelev b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If a person is in doubt whether the fat he ate was Chelev or Shuman, he must bring a Korban Asham Taluy (see Background to Chulin 41:25).

20) [last line] DAM (ISUR ACHILAS DAM)
(a) It is forbidden to ingest the blood of animals and birds, whether they are Kosher or non-Kosher. The verse states, "v'Chol Dam Lo Sochelu b'Chol Moshevoseichem, la'Of vela'Behemah." - "You shall eat no kind of blood, whether it is of bird or of beast, in any of your settlements." (Vayikra 7:26). Because of this prohibition, slaughtered animals must be salted or roasted over a fire to remove their blood before they can be cooked and eaten.
(b) The blood of fish, locusts, Sheratzim (rodents or lizards), insects or small crawling creatures, and humans is not included in the prohibition of Dam. However, the blood of non-Kosher fish and locusts is prohibited because it is a secretion of a non-Kosher creature. The blood of Sheratzim is also prohibited because it is considered like their flesh. Human blood that has become separated from the body is prohibited mid'Rabanan (Kerisus 22a).
(c) Blood of an animal may be eaten if it is still inside the raw flesh of the animal as it was when the animal died or was slaughtered. Only when the blood has been removed from its original location after the animal's death, for example, by being cooked or boiled, does the blood become prohibited (TOSFOS to Chulin 14a DH v'Nasvin).
(d) If a person ingests a k'Zayis of blood b'Mezid (intentionally) after Hasra'ah (being forewarned), he is punished with Malkus (lashes). If he was not given Hasra'ah, he is Chayav Kares. If he sins b'Shogeg (unintentionally) he must bring a Korban Chatas (as with all sins for which one is liable to Kares b'Mezid). If the blood did not pour from the animal's major arteries but rather was inside the animal's limbs when it died (Dam Eivarim) and was extracted afterward, the punishment of Kares does not apply. If it dripped from a major artery after the main flow subsided (Dam ha'Tamtzis), the Tana'im argue whether the punishment of Kares applies (Kerisus 20b).

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