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Chulin 4

CHULIN 4-5 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the fourth Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner), who passed away 18 Teves 5760. May the merit of supporting and advancing Talmud study during the week of his Yahrzeit serve as an Iluy for his Neshamah.

1) [line 1] DAKURYA SHEL TZIPORIM - (a) (O.F. rest - a string or rope) a string or rope upon which slaughtered birds are strung (RASHI); (b) a basket of slaughtered birds (TOSFOS)

2) [line 1] KOTE'A - he cuts off

3) [line 13] (SIMAN MACHN"IS IZM"EL BI'ZECHAR"IM) - this is a mnemonic device that stands for a word from the three Sugyos stated by Rav *Menashi* in all of Shas (this is the Girsa of the DIKDUKEI SOFRIM #6; in Avodah Zarah 30b the Girsa should be Rav *Ashi* -- Dikdukei Sofrim to Avodah Zarah #3), as follows:

1. *Machnis* refers to "Amar Rav Menashi *b'Machnisan* Tachas Kenafav..." (line 13)
2. *Izmel* refers to "Amar Rav Menashi *b'Izmel* she'Ein Lo Karnayim..." (Daf 31a, line 19, according to the Girsa of the DIKDUKEI SOFRIM #10)
3. *bi'Zecharim* refers to "Amar Rav Menashi Hani *Dichrei* d'Ganvei Ganvi..." (Daf 51a, line 6) (the word "Zecharim" in Aramaic is "Dichrei")
4) [line 14] B'MACHNISAN TACHAS KENAFAV - when he puts them (all of the birds) under the folds [of his cloak so that the Kusi does not know from which bird the head came]

5) [line 16] D'MEMASMES LEI MASMUSEI - he minces it up

(a) The laws of Shechitah (proper ritual slaughter) that permit an animal to be eaten were handed down to us through a Halachah l'Moshe mi'Sinai (Chulin 28a, based on Devarim 12:21).
(b) There is a Machlokes as to whether these laws apply to birds as well. Those who maintain that the Torah (and the Halachah l'Moshe mi'Sinai) does *not* require that a bird be slaughtered learn this from the verse that states, "and you shall spill its blood" (Vayikra 17:13), which implies that spilling alone is sufficient (Chulin 27b). Even according to this opinion, a bird is permitted by the Torah only if it is killed by a person with a blow that severs the trachea or esophagus (RASHI to Chulin 27b DH Ein Shechitah).

7a) [line 18] HAGRAMAH - to cut the Simanim (the trachea and the esophagus) such that part of the cut "slants" above the point that delimits the part of the neck upon which Shechitah may be performed.
b) [line 18] IKUR - to "rip out" the Simanim from the neck and then cut them. Similarly, one may not cause the Simanim to tear during Shechitah, such as by cutting them with a dull blade.

8) [line 21] MATZAS KUSI - the Matzah baked by a Kusi See Background to Chulin 3:8.

(a) The Torah states, "You shall guard the Matzos" (Shemos 12:17), teaching that during the production of Matzos, one must watch (or "guard") the wheat to prevent it from becoming Chametz (leavened) for the sake of the Mitzvah of Matzah. The Gemara (Pesachim 40a) discusses the extent to which Matzah must be watched from becoming Chametz. One opinion suggests that it must be watched from before the time that it is kneaded. The Gemara (ibid.) concludes that no proof can be brought that Matzah must be watched from before kneading. Nevertheless, Rava taught that when cutting the grain in the fields and tying it into bundles, people should have in mind that they are doing it for the sake of the Mitzvah of Matzah.
(b) The RIF rules that the Shemirah must be done from the time that the grain is cut, based on what Rava told the people.
(c) The SHE'ILTOS (Parshas Bo) writes that from the moment the wheat comes in contact with water, it must be watched from becoming Chametz. The ROSH confirms this opinion and says that where he lives there is always water found in the vicinity of the mills where the flour is ground, and therefore the practice is to watch the wheat from the time that it is ground into flour.
(d) The RAN adds another reason to watch the flour from the time that it is ground. Rava said that watching it from the time of kneading is not sufficient Shemirah; one must watch it from *before* the time that it is kneaded. Therefore, one must watch it from the time of grinding. This might be the opinion of RASHI in Chulin (Daf 7a) as well, who mentions that we watch the flour from the time of grinding.
(e) The ROSH (to Pesachim 2:26) rules that it is enough to have Shemirah from the time of kneading, because the proof of Rava was not established as conclusive. Even the Rif and the others who say that the flour should be watched before kneading, only mean that it is *proper* to watch it then, but not that it is obligatory. That is, if one does not watch it from the time that it is cut, the Matzah is still Kosher for fulfilling the Mitzvah to eat Matzah.
(f) All three opinions of the above opinions are cited by the SHULCHAN ARUCH (453:4). L'Chatchilah, one should watch the wheat from the time that it is cut in order to fulfill the Mitzvah of Matzah in the most ideal way, as the Rosh writes. If one is unable to watch it from that time, then b'Di'eved he should watch it from the time of grinding, or at least from whenever it comes near water. In extenuating circumstances, one may fulfill the Mitzvah with Matzah that was watched only from the time of kneading.

10) [line 30] IKA BEINAIHU DI'CHESIVA V'LO ACHZIKU BAH - they differ with regard to a Mitzvah that is written in the Torah, but we have not verified that they are careful to keep this Mitzvah (RASHI)

There is a Machlokes Tana'im with regard to Chametz that was in the possession of a Jew during Pesach. Rebbi Yehudah rules that this Chametz is prohibited to eat and is Asur b'Hana'ah (to derive benefit from it) mid'Oraisa. Rebbi Shimon rules that it is prohibited to eat and is Asur b'Hana'ah due to a Gezeirah d'Rabanan.


12) [line 1] MIPNEI SHE'HEN MACHLIFIN - since they exchange [their Chametz she'Avar Alav Es ha'Pesach for that of the Nochrim]

13) [line 11] AREL - someone who is uncircumcised. The Gemara states that this refers to a person who is a Mumar l'Arlus (see next entry)

14) [line 14] MUMAR L'ARLUS - a Jew who, of his own volition, refuses to circumcise himself

15) [line 20] KEIVAN D'DASH BEI K'HETEIRA DAMI LEI - since he has gotten used to it (eating Neveilos), it is considered to him like permitted food

16) [line 21] MUMAR L'AVODAS KOCHAVIM - a person who worships Avodah Zarah (AVODAH ZARAH)
(a) Avodah Zarah is the term for a Pesel (an idol or graven image) or anything such as the sun or the moon, or even a person, which people mistakenly believe is an independent power with G-d-like attributes, which they worship and to which they pray. It is prohibited to do even the most minute action that demonstrates the ascendancy of Avodah Zarah. Avodah Zarah is one of the three cardinal sins about which we are commanded, "Yehareg v'Al Ya'avor" - "One should be killed rather than transgress." (The other two are Giluy Arayos - forbidden relations and Sheficus Damim - murder. But see RAMBAM Hilchos Yesodei ha'Torah 5:1-4.)
(b) The prohibition against serving Avodah Zarah is one of the Ten Commandments, "Lo Yiheyeh Lecha Elokim Acherim Al Panai. Lo Sa'aseh Lecha Fesel v'Chol Temunah... Lo Sishtachaveh Lahem v'Lo Sa'ovdem..." - "You shall not possess any foreign gods, ever (lit. in my presence). You shall neither make for yourself a graven image nor any likeness of that which is in the heavens above or on the earth below or in the water beneath the earth. You shall not prostrate yourself to them nor worship them for I am HaSh-m, your G-d..." (Shemos 20:3-5).
(c) A person who serves Avodah Zarah b'Mezid (intentionally) is liable to the Kares punishment. If he received the proper warning and witnesses saw his action, he is liable to Sekilah (stoning). A person who worships Avodah Zarah b'Shogeg (unintentionally) is liable to offer a Korban Chatas (RAMBAM Hilchos Avodas Kochavim 3:1). A person who makes an idol or other Avodah Zarah, even for a Nochri, is liable to Malkus (lashes) (Rambam ibid. 3:9). Any adult Nochri can annul an idol made for or served by a Nochri (Avodah Zarah 43a), while an idol made for or served by a Yisrael can never be annulled.
(d) Many rites were invented for specific forms of Avodah Zarah. If a person serves an Avodah Zarah with a rite specific to it, he is Chayav as above, (c). If one serves an Avodah Zarah with a rite that was intended for another Avodah Zarah, he is exempt from punishment. However, the verses show that a person who performs the services of Zibu'ach (sacrificing an animal), Kitur (burning incense), Nisuch (pouring a libation) and Hishtachava'ah (bowing down) is Chayav, whether it is specific to the Avodah Zarah or not (Sanhedrin 60b, see Rambam ibid. 3:3). The prohibition against Avodah Zarah is included in the seven Mitzvos Benei Noach, the seven commandments in which all of humanity is obligated (see Background to Avodah Zarah 46:4).

17a) [line 27] "... VA'YIZBACH LO ACHAV TZON U'VAKAR LA'ROV, VELA'AM ASHER IMO, VA'YESISEHU LA'ALOS EL RAMOS GIL'AD." - "... and Achav slaughtered for him and for the people who were with him many sheep and cattle, and he persuaded him to go up to [battle against] Ramos Gil'ad." (Divrei ha'Yamim II 18:2)

b) [line 27] ACHAV
Achav Ben Omri was one of the wicked kings of the ten tribes of Yisrael (Melachim I 16:29 - 22:40, Divrei ha'Yamim II 18:1-34). Although he united the people and was successful in battle, he filled the land with idol worship and sins that angered HaSh-m like no one before him had ever done (ibid. 16:30-33). Eliyahu was told to inform Achav, the wicked king of the ten tribes of Yisrael, that he will be punished for the murder of Navos ha'Yizre'eli, his relative. Achav had an uncontrollable desire for the vineyard of Navos. Izevel, the wife of the king, devised a sinister plot in which Navos was executed and Achav inherited the vineyard. HaSh-m held Achav responsible for the murder, sending word through Eliyahu the prophet that "in the place where the dogs licked the blood of Navos shall the dogs lick your blood." Divine retribution was to be meted out upon Achav for this and his many other sins. In Melachim II 22, all of the King's advisors and (false) prophets advocated a war with Aram, predicting Achav's victory. Concurrently, Michaihu, a true prophet, saw a vision in which the spirit of Navos offered to entice Achav into the battle that would lead to his doom. This spirit was responsible for all of the false prophecies of victory. Nevertheless, Achav took the advice of the false prophets and he alone was slain in the battle. Although he was later buried, much of his blood was indeed lapped up by dogs in the same place where Navos was executed.

18) [line 31] "KI YESISCHA ACHICHA..." - "If your brother, [the son of your mother, or your son, or your daughter, or your wife, or your friend, who is as dear to you as your own soul,] entices you [secretly, saying, 'Let us go and serve other gods,' which you have not known, you, nor your fathers.]" (Devarim 13:7) - The Gemara claims that the enticement was brought about when the instigator fed the person who he tried to entice.

19) [line 32] B'ACHILAH UVI'SHESIYAH - this refers to giving him to eat [meat] and to drink [wine]

20) [line 32] "... VA'TESISEINI L'VAL'O CHINAM." - "... he is still holding strong to his wholesomeness, and you persuaded Me to destroy him for no reason." (Iyov 2:3) - At the beginning of the story of Iyov, the Satan asks HaSh-m permission to entice Iyov to sin. HaSh-m lets him, and Iyov, at first, proves true to HaSh-m, even though the Satan caused him to suffer greatly. In this verse, HaSh-m chastises the Satan for his disbelief in the righteousness of Iyov.

21) [line 33] L'MA'ALAH SHANI - events that refer to [HaSh-m] on high are different (where eating and drinking do not apply)

22) [line 38] STAM YEINAM
See Background to Chulin 3:9.

23) [line 43] V'DILMA OVADYAH ZAVACH - but perhaps it was Ovadyah who slaughtered the animals. Ovadyah was an Edomite convert, who served as the steward in the house of King Achav of Yisrael. He perfected himself to the extent that he became a prophet. His prophecy is recorded as Sefer Ovadyah, one of the books of the Trei Asar, which deals with the downfall and destruction of Edom (Esav).

24) [line 46] "V'HISH'ARTI B'YISRAEL SHIV'AS ALAFIM KOL HA'BIRKAYIM ASHER LO KAR'U LA'BA'AL..." - "And I will leave in Yisrael [only] seven thousand [men,] all knees that have not kneeled to the Ba'al..." (Melachim I 19:18) - HaSh-m tells Eliyahu of the downfall of Achav and the destruction of the idol worshipers of Ba'al.

25) [line 47] TEMUREI HAVU MITAMREI ME'IZEVEL - they were hiding from Izevel [so that she would not have them killed, and would not come out in the open to slaughter animals for Yehoshafat]

26) [line 49] "MOSHEL MAKSHIV AL DEVAR SHAKER, KOL MESHARSAV RESAH'IM." - "A leader who listens to falsehood, all of his servants are wicked." (Mishlei 29:12)

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