POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Chulin 141
1) A LONE EGG OR CHICK
(a) (Mishnah): If there was only one chick...
2) THE "ASEH" TO SEND THE MOTHER
(b) Question: We should require "Efroch*im* O Al Beitz*im*"
(plural), and expound "Kan" to include even chicks that
can flutter or Muzarim eggs!
(c) Answer (Rava): If so, the Torah should have said
1. Rather, it says "Rovetzes Al Efrochim O Al Beitzim"
to equate chicks and eggs. (Just like the chicks
hatched, the eggs must be capable of hatching; just
like the eggs need the mother, also the chicks.)
(a) (Mishnah): If one sent the mother and it returned, he
must send it gain, even four or five times - "Shale'ach
3) LASHES FOR TRANSGRESSING
(b) If one says, I will take the mother and send the chicks,
he is liable (Rashi - for taking the mother; Ramban - he
must send the mother) - "Shale'ach Teshalach Es ha'Em."
(c) If he took the offspring and returned them, and the
mother returned, he is exempt from sending the mother
(Rashi - and he may take them again).
(d) (Gemara) Question: We should expound "Shale'ach" - once;
"Teshalach" - a second time, but not more!
(e) Answer (Rava): "Shale'ach" connotes even 100 times;
1. One might have thought that one may take the mother
for a Mitzvah (e.g. to be Metaher a Metzora) -
"Teshalach" obligates sending the mother, even if it
is needed for a Mitzvah.
(f) Question (R. Aba brei d'Rav Yosef): If not for
"Teshalach," one might have thought that one may take the
mother for a Mitzvah - but taking the mother is forbidden
by an Aseh and a Lav, an Aseh does not override them!
(g) Answer #1: The case is, he already took the mother (so
there is no Lav to keep it for the Mitzvah);
1. There is only an Aseh to send her - without
"Teshalach," the other Mitzvah would override the
Mitzvah to send.
(h) Objection #1: According to the opinion that he is not
lashed unless he is Mevatel (makes it impossible to
fulfill) the Aseh, he does not transgress the Lav until
he slaughters it (so Answer #1 does not apply)!
2. (A Beraisa explains when one is lashed for a Lav
*ha'Nitak l'Aseh* (which can be "fixed" by
performing an Aseh).)
3. Our answer is according to the opinion that the
Beraisa says that he is not lashed if he (Rashi -
immediately; Ramban - can) fulfill(s) the Aseh, he
is lashed if he does not fulfill it (Rashi - right
away; Rambam - if it becomes impossible to fulfill
(i) Objection #2: R. Yehudah says that "Shale'ach" applies
only before taking the mother; if he took it, there is no
obligation to send it;
1. How does he expound "Teshalach"?
(j) Answer #2 (Mar bar Rav Ashi): The case is, he took the
mother intending to send it (and now he wants to keep it
for a Mitzvah);
1. There is no Lav to do so, only the Aseh to send it.
One might have thought, the other Mitzvah overrides
the Mitzvah to send it - the verse teaches, this is
2. Question: Why should we think that the other Mitzvah
3. Answer: Shalom is so great that the Torah permits
erasing Hash-m's name in order to permit a man to
his wife (if she became a Sotah);
i. A Metzora is forbidden to have relations with
his wife until he brings the birds - "v'Yashav
mi'Chutz l'Ohalo Shiv'as Yamim."
ii. One might have thought that the bird may be
kept to be Metaher a Metzora - "Teshalach"
teaches that this is not so, it must be sent.
(a) (Mishnah - R. Yehudah): If one takes the mother from her
young he is lashed, he does not send it;
(b) Chachamim say, he sends it and is not lashed;
1. The general rule is, we do not lash for any Lav
(c) (Gemara - R. Aba bar Mamal) Question: What is R.
1. Does he hold that one is always lashed for a Lav
2. Or, does he [normally] exempt from lashes;
(d) Answer #1 (Beraisa - R. Yehudah): A thief or robber is
i. Here he is lashed, because he holds that the
Mitzvah to send precedes the Lav, it does not
1. The Mitzvah "V'Heshiv Es ha'Gezelah" corrects the
Lav "Lo Sigzol" - we conclude that R. Yehudah holds
that one is lashed for a Lav ha'Nitak l'Aseh.
(e) Rejection (R. Zeira): We may not bring [proofs or]
refutations from Beraisos [not in the Tosefta, they were]
not authenticated by R. Chiya and R. Oshaya, perhaps they
(f) Answer #2 (Beraisa - R. Chiya and R. Oshaya): R. Yehudah
says that if someone went back to take Shichechah, or
harvested his entire field (without leaving Pe'ah), he is
lashed (even though these are corrected by leaving what
he took for the poor)!
4) HOW TO SEND IT
(g) Rejection: Perhaps R. Yehudah holds that the Mitzvah to
leave Matanos for the poor applies only before taking
them (so the Lav is not Nitak l'Aseh).
(h) Answer #3 (Ravina - Beraisa - R. Yehudah): "You may not
leave over [from Korban Pesach] until morning; you will
burn what is left over" - the Torah gives an Aseh after
the Lav, to exempt from lashes.
1. Conclusion: He exempts from lashes for a Lav
ha'Nitak l'Aseh - he is lashed for taking the
mother, because he holds that the Aseh precedes the
(i) Support (Rav Idi - Mishnah - R. Yehudah): If one takes
the mother from her young he is lashed, he does not send
1. If he was Mechayev lashes for a Lav ha'Nitak l'Aseh,
he should say "He is lashed and sends it"!
(j) Rejection (Rav Ashi): The Mishnah could mean, he cannot
exempt himself from lashes by sending it.
(a) Question: How far must one send it?
5) ACQUISITION OF THE EGGS
(b) Answer (Rav Yehudah): He must send it until it leaves his
(c) Question: How does one send it?
(d) Version #1 - Answer #1 (Rav Huna): He grabs it by the
legs and sends it - "Meshalchei Regel ha'Shor
(e) Answer #2 (Rav Yehudah): He grabs it by the wings and
sends it (the wings correspond to legs of an animal).
(f) Version #2 - Answer #1 (Rav Huna): [Even if one detached
its wings and it cannot fly,] it suffices if he sends it
so it can walk - "Meshalchei Regel ha'Shor veha'Chamor"
(and then he may take it);
(g) Answer #2 (Rav Yehudah): He must send it with its wings
(so it can still fly). (End of Version #2)
(h) A man took a bird from its young, plucked its feathers
and sent it. Rav Yehudah lashed him, and told him to send
it when its feathers grow back.
(i) Question: According to which Tana is this?
1. It is unlike R. Yehudah - he obligates lashes, but
exempts from sending it!
(j) Answer: Rav Yehudah holds like Chachamim; he gave lashes
2. It is unlike Chachamim - they exempt from lashes,
but obligate sending it!
(k) Question (A man): What is the law regarding Teimah (a
(l) Answer (Rava): Surely, you know that one must send it!
(m) Question (the man): Perhaps it only lays one egg at a
(n) Answer (Rava - Mishnah): One must send the mother even if
there is only one egg or chick in the nest.
1. The man sent it; Rava set a trap and caught it.
2. Question: Rava should have been concerned that the
man will suspect that Rava obligated him to send it
for Rava's own gain!
3. Answer: He set the trap far away, so the man would
(a) (Beraisa): Regarding doves that nest in a dovecote or
attic, one must send the mother, it is forbidden to take
on account of Darchei Shalom (to avoid ill will).
(b) Question: R. Yosi b'Rebbi Chanina taught, a Chatzer (or
attic or any land) acquires for its owner without his
knowledge - if so, he owns the eggs, it is Mezuman, he
should be exempt from sending the mother!
(c) Answer #1 (Rav): The obligation to send the mother begins
when the majority of the egg is laid; the Chatzer does
not acquire until the egg is in the [airspace of the]
Chatzer (i.e. is fully laid);
1. The Mishnah obligates sending the mother after the
majority is laid, before it is fully laid.
(d) (Rav Yehudah): It is forbidden to acquire eggs while the
mother is on them.
2. Version #1 (Rashi) Question: If so, why is it
forbidden to take the eggs - they are Hefker, like
3. Answer #1: It is forbidden to take even the mother
on account of Darchei Shalom.
4. Answer #2: Once an egg is mostly laid, the owner [of
the Chatzer or attic] expects to get it, Chachamim
enacted that others may not take it on account of
Darchei Shalom (but the mother can fly away, it is
5. Version #2 (Ramban) Question: [Granted, it is
forbidden to take the mother on account of Darchei
Shalom] - but why is it forbidden to take the eggs
(the mother's owner is not confident of getting it,
perhaps the mother will finish laying it elsewhere)?
6. Answer #1: The Mishnah only forbids taking the
mother on account of Darchei Shalom.
7. Answer #2: Once an egg is mostly laid, the owner
expects to get it, Chachamim forbid others to take
it on account of Darchei Shalom.
1. This suggests another answer to Question (b).
(e) Answer #2: Even though the egg was laid, since it is
forbidden to acquire them, the Chatzer does not acquire
them for the owner (Reuven).
1. Question: If so, why is it forbidden to take them on
account of Darchei Shalom?
(f) Levi bar Sison transferred ownership of the yield of his
dovecote to Rav Yehudah; Rav Yehudah asked Shmuel.
i. If the mother was sent - the Chatzer acquires
them for Reuven, taking them is absolute theft!
2. Answer #1: The Mishnah discusses a minor (he is not
commanded in this or other Mitzvos).
ii. If it was not sent - one must send the mother
(Rashi - before taking them)!
3. Objection: Likewise, a minor is not commanded about
4. Answer #2: The Mishnah obligates the minor's father
to return the eggs on account of Darchei Shalom.
1. Shmuel: Hit the nest to acquire the eggs.
(g) Answer: The mother had never left the eggs from the
moment she laid them until Levi sold them, so his Chatzer
never acquired for him;
2. Question: Why is this necessary?
i. It is not needed to acquire them, he can
acquire through Chalifin!
ii. Suggestion: It is to permit them on Yom Tov
(they should not be Muktzah).
iii. Rejection: It suffices to say (before Yom Tov)
"I will eat this one and this one"!
1. Shmuel instructed Levi to hit the nest, so the
mother will jump up, allowing Levi to acquire so he
can transfer ownership of them to Rav Yehudah.