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Chulin 9

CHULIN 9-10 - 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] ME'ILA'EI NAMI KERAMA IKA - from above (the side of the Chelev that is exposed, that was rubbed onto the piece of meat), also, there is a membrane [that should prevent the Chelev from flowing into and being absorbed by the piece of meat

2) [line 1] AIDI D'MEMASHMESHA YADA D'TABACHA MIFTAS - since the butcher has been handling that side of the Chelev (O.F. manier - to handle), its membrane breaks into pieces

3a) [line 4] KESAV - to write, should he need to sign his name for testimony or judgment (RASHI)
b) [line 4] SHECHITAH - to perform Shechitah, besides knowing the Halachos (RASHI)
c) [line 4] MILAH - to perform Milah, besides knowing the Halachos

4a) [line 5] KESHER SHEL TEFILIN - the knot of the Tefilin Shel Rosh, that is shaped like the letter "Daleth" (RASHI)
b) [line 6] BIRKAS CHASANIM - the "Sheva Berachos" that are recited at weddings and at the meals of the ensuing week of merriment
c) [line 6] TZITZIS - to tie the Tzitzis

5) [line 6] HANEI SHECHICHAN - these [last three] are much more common, and it goes without saying that everyone is well-versed in them

6) [line 16] SHE'YIVDOK BA'SIMANIM - to check the Simanim (the trachea and the esophagus) [to make sure that they most of them were cut during the Shechitah -- the MAGID MISHNEH of Rav Yehudah Kalatz to RAMBAM Hilchos Shechitah 1:12]

7) [line 18] KEDEI VIKUR - an amount of time in which it is possible to check (the Gemara assumes that this means to check the Simanim)

8a) [line 18] BIKUR SIMANIN - to check the Simanim (see above, entry #6)
b) [line 19] BIKUR CHACHAM - to have a Talmid Chacham check the knife to make sure that it has no nicks

9) [line 20] NASATA DEVARECHA L'SHI'URIM - your rule would vary according to the circumstances (since different Talmidei Chachamim live at different distances from the butcher -- RASHI)

10) [line 21] BIKUR TABACH CHACHAM - the amount of time that it takes for this Shochet, who is a Talmid Chacham himself, to check the knife

11a) [line 23] TEREIFAH V'ASURAH V'ACHILAH - [if one did not check the Simanim,] the animal is a Tereifah (see Background to Chulin 8:27) and it is prohibited to eat it (but it is not Tamei)

A Neveilah is a carcass of a Kosher animal that died without a Halachic slaughtering (or that was slaughtered improperly). The Torah states, "You shall not eat anything that dies by itself (Neveilah). You shall give it to the stranger who is in your gates, that he may eat it, or you may sell it to a Nochri, for you are a holy people to HaSh-m, your Elokim." (Devarim 14:21). A person who eats a k'Zayis of Neveilah is liable to Malkus (RAMBAM Hilchos Ma'achalos Asuros 4:1) and 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).

12a) [line 25] BEHEMAH V'CHAYEHA B'CHEZKAS ISUR OMEDES AD SHE'YIVADA LECHA BA'MEH NISHCHETAH - Kosher farm animals and non-farm animals retain their Chezkas Isur until it is made known to you how they were slaughtered (CHAZAKAH: CHEZKAS ISUR)
(a) One of the most confusing aspects of the subject of "Chazakah" is that the term "Chazakah" is used to describe so many unrelated laws. Just about any logical clarification of a doubt (and more) is referred to by this name. In our Sugya, it is referring to the rule that when doubt arises as to whether the status of a certain object has changed, we assume that is has not changed.

1. Such a "Chazakah" may be used in regard to a purely Halachic status (such as Tamei/Tahor or Mutar/Asur), or in regards to a physical status that affects the Halachah (such as an animal not being a Tereifah, or a Mikvah not lacking the necessary amount of water). In our Sugya, the Chazakah tells us that the animal retains the Isur of Ever Min ha'Chai until we know that it was slaughtered properly.
2. A Chazakah may work forward in time (Chazakah D'Ikara), proving what will be, or backward in time (Chazakah D'Hashta), proving what was.
(b) A Chazakas Isur tells us that when in doubt about whether an animal was slaughtered properly or not, we need proof that the animal was slaughtered properly before we may eat it.

(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 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)

c) [line 27] NISHCHETAH HAREI HI B'CHEZKAS HEITER AD SHE'YIVADA LECHA BA'MEH NITREFAH - once it is slaughtered, it becomes permitted to eat it, and it retains this "Chezkas Heter" until it is made known to you how it became a Tereifah

13) [line 35] AF AL GAV D'ISYALID BAH REI'USA - even though an imperfection was found, [and a doubt arises as to whether it was present before the Shechitah or whether it developed afterwards]

14) [line 36] BENEI ME'AYIM - the intestines
15) [line 37] HA LEISNAHU - they are missing! (and we do not see any imperfection)

16) [line 37] NAKAV - he (the wolf) pierced
17) [line 40] SHEMA BI'MEKOM NEKEV NAKAV - perhaps he pierced them in a place where there was a hole already, [and the animal was a Tereifah before the wolf attacked it]

18) [last line] TZIPOR HA'MENAKER BI'SE'ENAH - a bird that was pecking into (O.F. crot - a hole) a fig

19) [last line] ACHBAR HA'MENAKER B'AVATICHIM - a mouse that was gnawing into melons


20) [line 1] CHOSHESHIN SHEMA BI'MEKOM NEKEV NAKAV - we suspect that perhaps they pierced a hole in a place where there was originally a hole from a snake bite

21a) [line 2] ISURA - prohibitions; ritual law
b) [line 2] SAKANTA - danger; laws of cautionary actions

(a) When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in Reshus ha'Rabim the object is Tahor. If it is found in a private, concealed place, it is judged to be Tamei. During the winter a Bik'ah is a Reshus ha'Yachid and Sefeiko Tahor. During the summer it is a Reshus ha'Rabim and Sefeiko Tamei.
(b) This is learned from the case of the Sotah woman. In the case of a Sotah, where only two people were present at the time that there arose a question as to her status, she is judged Temei'ah/culpable and is prohibited to her husband. Similarly, whenever there are only two people present (i.e. a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a person or an object, he or it is judged to be Tamei. Whenever more than two people frequent a certain area, it is a Reshus ha'Rabim l'Tum'ah. If a doubt arises regarding the status of a person or an object, he or it is judged to be Tahor.

23) [line 6] SAFEK MAYIM MEGULIN ASURIN - water that was left uncovered The sages prohibited the consumption of uncovered water that was left unattended. There is a possibility that a poisonous snake drank from the water, injecting poison into it. (See RAMBAM Hilchos Rotze'ach u'Shemiras ha'Nefesh 11:5-16)

24) [line 7] HILCHESA GEMIREI LAH - we know this Halachah from the tradition that Moshe received on Mount Sinai ("Halachah l'Moshe mi'Sinai")

25) [line 8] SOTAH
(a) A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d), below). If she committed adultery after not heeding the warning of two witnesses, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah) prevents her from drinking the Mei Sotah.
(b) After Kinuy and Stirah, the husband must bring his wife to the Beis ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him, or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.)
(c) The husband brings a sacrifice consisting of 1/10 of an Eifah (approximately 2.16, 2.49 or 4.32 liters, depending upon the differing Halachic opinions) of barley flour as a Minchah offering. Oil and Levonah are *not* added (Bamidbar 5:15), and Hagashah, Kemitzah and Haktarah are performed (see Background to Menachos 25a:c). The Sheyarei ha'Minchah are eaten by the Kohanim. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(d) An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, a Sotah must be divorced and does not receive her Kesuvah.

26) [line 9] SHERETZ
See Background to Chulin 3:3.

27) [line 9] CHULDAH - a rat, weasel or marten

28) [line 13] DAVAR SHE'YESH BAH DA'AS LISHA'EL - [the case of the Sotah woman is a case where there is a person] with intelligence who cannot be asked [as to her status]
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in a private, concealed place, it is judged to be Tamei (see above, entry #22).
(b) This Halachah applies only if the thing that transfers the Tum'ah or the object that receives the Tum'ah is a Ben Da'as (i.e. has intelligence). If there is a doubt as to whether an object that was Tamei touched another object that was Tahor and no human was involved, or a child with no intelligence (according to the Halachah) was involved, the object that was Tahor remains so (since this case cannot be compared to the case of the Sotah woman, in which Benei Da'as were involved).

29) [line 15] TZELOCHIS - a jug [of Mei Chatas] (MEI CHATAS)
(a) The Parah Adumah, an exclusively red-haired cow, is burned on Har ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei Mes. Only a cow that has not had a yoke placed upon it and has had no other work done with it is fit to be used as a Parah Adumah. A place is prepared for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar branch, some Ezov branches and a piece of crimson wool are thrown into the carcass of the cow while it is burning (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or being in the same room as a corpse or something that is Metamei b'Ohel, he must wait seven days to become Tahor. On the third and seventh days he must have spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled on him. A person who is Tahor dips three Ezov branches that have been bound together into the mixture, and sprinkles them on the person who is Tamei. On the seventh day, he immerses in a Mikvah after the mixture is sprinkled on him in order to complete his Taharah (Bamidbar 19:17-19).

30) [line 19] NACHASH L'DIVREI RABAN GAMLIEL - a snake, according to Raban Gamliel (who rules that a snake, as well as a Chuldah invalidates Mei Chatas when it drinks from it -- Mishnah Parah 9:3)

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