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Chulin 130

CHULIN 128-130 - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan (which coincides with the study of Chulin 128 this year).

*********************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 130b DH Iy a'Gavai:
The words "v'Lo Mistaber... u'Mevi'am Nedavah" are apparently a later
addition and not from the words of Tosfos. These words are not found in the
Tosfos ha'Rosh.


(a) Whenever a person slaughters cattle, sheep or goats (that are not Kodesh), he must give to a Kohen the Zero'a, Lechayayim and Keivah (the foreleg, the [lower] jaw, and the maw or abomasum [the last of a cow's four stomachs] (Devarim 18:3). 1. The ZERO'A consists of the two upper sections of the right foreleg, until the shoulder blade; 2. The LECHAYAYIM consists of the lower jaw, from the joint where it is attached to the upper jaw until the thyroid cartilage, including the tongue; 3. The KEIVAH consists of the maw together with its Chelev, but the Minhag of the Kohanim is to let the animal's owner keep the Chelev (Chulin 134b, SEFER HA'CHINUCH #506). (b) Although one must give the Zero'a, Lechayayim and Keivah to a Kohen, they may be eaten by a non-Kohen.

2) [line 3] MUKDASHIN - animals that are sacrifices

3) [line 5] CHAZEH VA'SHOK - the chest and the two upper sections of the right hind leg of the Shelamim (KORBAN SHELAMIM)
(a) A person may offer a Korban in the Beis ha'Mikdash as a voluntary sacrifice (Olas Nedavah), as it states in Vayikra 1:2. Voluntary Korbanos may be Olos (which are burned entirely on the Mizbe'ach, see Vayikra 1:2-17, 6:1-6), Shelamim (parts of which are eaten, see Vayikra 3:1-17, 7:11-21, 7:28-37) or Menachos (flour offerings, see Vayikra 2:1-13, 6:7-11, 7:9-10).
(b) Korbenos Shelamim that are offered by an individual may be brought from male or female sheep, cows or goats. They are Kodshim Kalim, and may therefore be slaughtered in the entire Azarah (and not only in its northern part). Before its slaughter, the owner presses his hands on the head of the animal (Semichah). The blood of the Shelamim is cast on the northeastern and southwestern corners of the Mizbe'ach (Shenayim she'Hen Arba). Nesachim (a flour offering consisting of flour and oil and a wine libation) are brought as part of the Korban (Bamidbar 15:3-12). The flour offering is completely burned on the Mizbe'ach and the wine is poured into one of the Sefalim (the silver libation pipes located at the top of the southwestern corner of the Mizbe'ach) (RAMBAM and RA'AVAD Hilchos Ma'aseh ha'Korbanos 2:1). The amount of flour, oil and wine needed depends upon the animal offered, as specified in Bamidbar (ibid.).
(c) The Chazeh (breast) and Shok (the two upper sections of the right hind leg, until the shoulder blade) of the Shelamim were given to the Kohen (Vayikra 7:34). Certain fats and other parts of the Korban ("Eimurim,") were offered on the Mizbe'ach (Vayikra 3:3-4, 9-10, 14-15). The Eimurim consist of: 1. the layer of fat covering the stomachs; 2. all other fat attached to the stomachs; 3. the two kidneys; 4. the fat on the kidneys; 5. The Yoseres, which is either the diaphragm (RASHI, RADAK) or a lobe of the liver (RAV HAI GA'ON) (Vayikra 3:3-4).
(d) The owner and his guests (men or women) eat the rest of the Korban inside the borders of the city of Yerushalayim. The meat may be cooked in any fashion and is eaten for two days and the intervening night.

4) [line 5] MATANOS - the gifts of Zero'a, Lechayayim and Keivah, which are given to Kohanim (see above, entry #1)

5) [line 7] "VA'ETEN OSAM L'AHARON HA'KOHEN ULE'VANAV L'CHOK OLAM" - "And I have given them (the Chazeh va'Shok) to Aharon ha'Kohen and to his sons as an everlasting statute" (Vayikra 7:34)

6) [line 9] MUM KAVU'A - a permanent blemish that disqualifies an animal from being brought as a sacrifice (see Background to Menachos 78:38)

(a) If a person consecrates (is "Makdish") an object to the Beis ha'Mikdash and that object is of no benefit to the Mikdash in its present state, the object may be sold by the appointees of Hekdesh (Gizbarim), who determine its selling price based on the estimate of a group of experts. When a person buys the object from Hekdesh, the object loses its Kedushah and its value becomes Kodesh in its stead. This is called "Pidyon Hekdesh," "redeeming from Hekdesh."
(b) If the object that is consecrated to Hekdesh is an object that can acquire intrinsic Kedushah, such as the utensils used in the Beis ha'Mikdash or a Korban that is used in the Beis ha'Mikdash "as is," it becomes Kadosh with Kedushas ha'Guf. An animal that has Kedushas ha'Guf cannot be redeemed without a Mum (blemish).

8) [line 10] BECHORAH - the firstborn male of a kosher animal (BECHOR)
(a) The Kedushah of Bechor rests on every first-born male of cattle, goats or sheep when it comes out of its mother's womb. Nevertheless, there is a Mitzvah for a person to sanctify it himself (Erchin 29a, based on Devarim 15:19). He must then give it to a Kohen; it may not be redeemed.
(b) If the animal has no Mum (blemish), the Kohen must bring it as a Korban during its first year. Only a Mumcheh (an expert) has the authority to pronounce that a Bechor has a Mum (Bechoros 28a). After its blood and Eimurim (see Background to Menachos 74:20) are offered on the Mizbe'ach, its meat is eaten in Yerushalayim during the following two days and the intervening night.
(c) If the animal has or develops a Mum, it becomes the property of the Kohen. It must be slaughtered and eaten (anywhere) during its first year. If it develops a Mum after the first year, it must be slaughtered and eaten within thirty days. The Kohen can give it away or sell it, even to a non-Kohen. However, it may not be sold in a meat market or weighed in the usual manner. It may not be redeemed with money.
(d) Intentionally inflicting a Mum in a Bechor is prohibited, as in all animals of Kodshim, as the verse states, "Tamim Yiheyeh l'Ratzon, Kol Mum Lo Yiheyeh Vo" - "it shall be complete (unblemished) to find favor, no blemish shall be in it" (Vayikra 22:21). RASHI (to Menachos 56a DH Lo Yiheyeh and to Bechoros 33b DH Kol Mum) teaches that the intention of Chazal is that the verse is read, "Lo *Yehayeh* Vo" - "do not *cause* [a blemish] in it." A person who inflicts a blemish in an animal of Kodshim (or its Temurah, with the exception of the Temurah of a Bechor and Ma'aser Behemah,) receives Malkus. (See SEFER HA'CHINUCH #287.)
(e) Now that there is no Beis ha'Mikdash, a Kohen must care for a Bechor until it develops a Mum. Alternatively, he can sell it, even if it has no Mum, to a non-Kohen, who may eat it after it develops a Mum. It may not be bought, however, in order to be sold for a profit (SEFER HA'CHINUCH #393, #445).

9) [line 10] L'HIGAZEZ ULE'HE'AVED - to be sheared and to be made to work
10) [line 11] VELADAN VA'CHALAVAN - their offspring and their milk
11) [line 12] HA'SHOCHTAN BA'CHUTZ PATUR - if someone slaughters them outside of the Azarah, he incurs no punishment for his action, as would someone who transgresses the prohibition of Shechutei Chutz (see Background to Chulin 85:5). (This phrase and the subsequent ones refers to the animal *before* Pidyon)

12) [line 12] V'EIN OSIN TEMURAH - if someone tries to exchange another animal with it, the other animal does not become Kodesh and is not offered as a sacrifice (see Background to Chulin 41:31)

13) [line 13] MA'ASER (MA'ASER BEHEMAH)
See Background to Chulin 114:12.

14) [line 13] MUM OVER - a passing, temporary blemish (the animal may be brought as a sacrifice after the blemish heals)

15) [line 15] VEHA'SHOCHTAN BA'CHUTZ CHAYAV - (as above, see entry #11, this phrase and the subsequent ones refers to the animal *before* Pidyon)

16) [line 16] IM MESU YIKAVRU - if they die, they must be buried (no benefit may be derived from them since they may not be redeemed from Hekdesh)

17) [line 18] ZECHARIM - males (who will not be subject to the laws of Bechorah, since they do not give birth)

18) [line 19] REISHIS HA'GEZ - the first shearing of a person's sheep, which must be given to a Kohen as the verse states in Devarim 18:4 (see Background to Bava Kama 93:34)

19) [line 19] TEYASHIM - male goats (goats are not obligated in Reishis ha'Gez)

20) [line 19] ZEKENIM - (lit. old ones) animals that were collected for the Ma'aser Behemah tithing in a previous year (and as such, are not obligated in Ma'aser Behemah)

21) [line 20] LAKU'ACH - an animal that one purchases, which is exempt from Ma'aser Behemah (see Background to Chulin 114:12)

22) [line 20] YASOM - an animal orphaned from its mother at the moment of birth, which is exempt from Ma'aser Behemah (Chulin 38b)

23) [line 21] MINAN - their species
24) [line 24] "[V']ZEH YIHEYEH MISHPAT HA'KOHANIM [ME'ES HA'AM ME'ES ZOVCHEI HA'ZEVACH IM SHOR IM SEH, V'NASAN LA'KOHEN HA'ZERO'A VEHA'LECHAYAYIM VEHA'KEIVAH.]" - "[And] this shall be the law of [what] the Kohanim [receive from the people, from those that slaughter an animal whether a bull, or a sheep or goat: they shall give to the Kohen the two upper limbs of the right foreleg, the lower jaw, and the maw (the last of a cows four stomachs).]" (Devarim 18:3)

25) [last line] TENUFAH - the Chazeh va'Shok were given to a Kohen to be *waved* (which is impossible to perform upon Chulin, as the Gemara will immediately prove) (TENUFAH)
Waving portions of certain Korbanos and flour offerings is called Tenufah; the Kohen, together with the owner of the Korban (when it is not a Korban Tzibur), waves them in all four directions and up and down (Vayikra 7:30, RASHI to Menachos 62a DH Molich. TOSFOS to Sukah 37b DH Kedei, ponders whether all Tenufos were done in this fashion, or whether some Tenufos only required lifting and lowering).

26) [last line] AVRA'I - outside of the Azarah
27) [last line] "[ES HE'CHAZEH L'HANIF OSAH TENUFAH] LIFNEI HASH-M" - "[the chest, to wave it as a wave offering] before HaSh-m" (Vayikra 7:30) - "Lifnei HaSh-m" implies inside of the Azarah of the Beis ha'Mikdash.


28) [line 1] AGAVA'I - inside of the Azarah

29) [line 1] ME'AYEIL CHULIN LA'AZARAH - he is bringing objects that are not sanctified to the Azarah, which is forbidden unless they are brought for sacrificial purposes (CHULIN BA'AZARAH)
(a) According to some Tana'im, it is forbidden by an Isur Aseh to bring a non-sanctified ("Chulin") animal or food into the Azarah of the Beis ha'Mikdash. This is learned from the verse, "If the place chosen by HaSh-m is *far* [from where you are]... you may slaughter and eat meat to your heart's content..." (Devarim 12:21), which implies that we may only slaughter Chulin *outside* of the Azarah of the Beis ha'Mikdash (Pesachim 22a). According to these Tana'im, if non-sanctified animals are slaughtered in the Mikdash, it is prohibited with a Lav to eat from them (Pesachim ibid.). Other Tana'im maintain that the prohibition of offering Chulin in the Azarah (and eating from non-sanctified animals that were slaughtered in the Azarah) is not from the Torah but Rabbinic ("Chulin ba'Azarah *Lav* d'Oraisa").
(b) The Rishonim argue over the breadth of the prohibition of bringing Chulin into the Azarah, according to those Tana'im who prohibit it mid'Oraisa. According to many Rishonim, it is only prohibited mid'Oraisa to bring objects of Chulin into the Azarah if one performs with them acts which resemble those done for Korbanos, such as slaughtering them, waving them or placing them on the Mizbe'ach (TOSFOS to Bava Basra 81b, DH v'Dilma, and to Pesachim 66b, and other Rishonim). Others maintain that even if no such acts are performed, it is prohibited mid'Oraisa to bring foods of Chulin into the Azarah (RAMBAM Hilchos Shechitah 2:3; see Insights to Nedarim 9:2).

30) [line 7] MAMON SHE'EIN LO TOV'IM - money for which no individual can make a personal claim (there is no specific Kohen who can make a claim to it, since the owner could have given it to any Kohen he wanted)

31) [line 10] L'CHOLKAN B'DAYANIN - to distribute them by way of judges (who decide which Kohen is classified as an "Am ha'Aretz," who is unfit to receive Matnos Kehunah)

32) [line 13] "VA'YOMER LA'AM L'YOSHVEI YERUSHALAYIM LA'SES MENAS (LA'KOHANIM) [HA'KOHANIM] (VELA'LEVIYIM) [VEHA'LEVIYIM] LEMA'AN YECHEZKU B'SORAS HASH-M." - "And he said to the people, to the inhabitants of Yerushalayim, to give the portion of the Kohanim and the Leviyim, that they might give themselves firmly to the Torah of HaSh-m." (Divrei Ha'Yamim II 31:4)

The Matnos Kehunah that must be separated from one's animals and given to Kohanim are considered as if they have already been separated. (Therefore, they are considered to be in the possession of the Kohen even before he actually receives them.) (There is a Machlokes regarding this matter.)

34) [line 26] V'TZARICH LITOL LEKET - that is, even though he is not a poor man, if he runs out of money while he is traveling he is permitted to take the gifts that are normally designated for the poor

35) [line 26] LEKET
"Leket" refers to individual (one or two) stalks of grain that inadvertently slipped out of the reaper's hand while he harvested them (by cutting them underneath with a sickle) or while he uprooted them (if he is not using a sickle) (SEFER HA'CHINUCH #218; see Pe'ah 4:10 and Chidushei Anshei Shem). Such stalks may not be retrieved by the owner but must be left for the poor, as described in Vayikra (19:9-10), "v'Leket Ketzircha Lo Selaket... le'Ani vela'Ger Ta'azov Osam." - "Do not pick up the individual stalks that have fallen from the harvest... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." If three stalks fall together, they are not considered Leket and may be retrieved by the owner.

36) [line 26] SHICHECHAH
(a) If one or two sheaves of grain were forgotten in the field when the other sheaves were collected, they must be left for the poor, as described in Devarim (24:19). From the moment the owner of the field turns away from the remaining sheaves with the intention of ending the collection, it is prohibited for him to return for the remaining sheaves (Mishnah Pe'ah 6:4).
(b) If three sheaves of grain were forgotten in the field, then they do not have the status of Shichechah and a poor person may not take them.

37) [line 27] PE'AH
(a) The corner, or end, of the harvest of grain must be left in the field for the poor, as it states "Lo Sechaleh Pe'as Sadecha Liktzor... le'Ani vela'Ger Ta'azov Osam." - "Do not completely harvest the corner of your field... you shall leave them (the gifts of Pe'ah, Leket, Olelos and Peret) for the poor and the stranger." (Vayikra 19:9-10).
(b) The requirement to leave Pe'ah for the poor applies to trees as well, as Chazal learn from the verse "Ki Sachbot Zeisecha, Lo Sefa'er Acharecha; la'Ger, la'Yasom vela'Almanah Yiheyeh." - "When you beat your olive trees to shake off the fruit, do not remove all of its splendor; it (that amount that you leave as Pe'ah -- Chulin 131b) shall be for the convert, the orphan and the widow." (Devarim 24:20). Pe'ah does not apply to vegetables, as is explained in the Gemara (Pesachim 56b).

38) [line 27] MA'ASER ANI - the tithe that is separated in the third and sixth years of the 7-year Shemitah cycle and is given to the poor (see Background to Chulin 120:31)

39) [line 30] MIDAS CHASIDUS SHANU KAN - the Mishnah is teaching an example of exceptional piety (since according to the Halachah, he does not have to pay anything back)

40) [line 36] TEVALIM - fruit that has not had the proper tithes separated from them (see Background to Chulin 120:31)

41) [line 38] "V'LO YECHALELU ES KODSHEI VENEI YISRAEL, [ES] ASHER YARIMU [LA'SH-M.]" - "And they shall not defile the holy items of Benei Yisrael, those that they lift up for HaSh-m." (Vayikra 22:15)

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