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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Chulin 115


(a) Question: Things made on Shabbos should be forbidden (they are abominations)!
(b) Answer: "It (Shabbos) is Kodesh to you" - but what is made on Shabbos is not Kodesh.
(c) Suggestion: If one plowed with an ox and donkey together, or threshed with a muzzled ox, this should forbid (Rashi - the produce; Tosfos - the animals)!
(d) Rejection: Melachah on Shabbos is a severe Isur, yet things made on Shabbos are permitted - working with diverse species or with a muzzled animal is a less severe Isur, all the more it does not forbid!
(e) Suggestion: If different species are planted together, the produce should be forbidden!
(f) Rejection: It says regarding Kil'ei ha'Kerem (different species planted in a vineyard or with grapes), "Tukdash." We read this "Tukad Esh" (the produce will be burned);
(g) Inference: Kil'ei Zera'im (different species planted together without grapes) are permitted.
(h) Suggestion: Perhaps it is forbidden to eat Kil'ei Zera'im, but one may benefit from them!
(i) Rejection: They are equated to (offspring of) Kil'ei Behemah (crossbred animals) - "Behemtecha Lo Sarbi'a Kil'ayim Sadcha Lo Sizra Kil'ayim";
1. Just like Kil'ei Behemah are permitted, also Kil'ei Zera'im.
2. Question: What is the source to permit Kil'ei Behemah?
3. Answer: The Torah forbids Kil'ei Behemah to the Mizbe'ach - we infer that they are permitted to people.
(j) Suggestion: If Oso v'Es Beno are slaughtered on the same day, the latter should be forbidden (it was slaughtered b'Isur)!
(k) Rejection: The Torah forbids Mechusar Zeman to the Mizbe'ach (this includes Oso v'Es Beno, it may not be slaughtered yet) - we infer that it is permitted to people.
(l) Suggestion: If one took Em Al ha'Banim (a mother bird resting on its eggs or chicks), the mother should be forbidden!
(m) Rejection: The Torah commands to send away the mother (and one who finds it has no reason to suspect that it is forbidden, he may eat it) - the Torah would not cause a guiltless person to sin.
(a) Question (Reish Lakish): What is the source that it is forbidden to benefit from meat cooked with milk?
(b) Answer #1 (Reish Lakish): Regarding Korban Pesach, it says "Al Tochlu Mimenu Na *u'Vashel Mevushal*" - the repetition forbids something else cooked, i.e. Basar v'Chalav.
1. Question (R. Yochanan): Why don't you learn like Rebbi?

i. (Rebbi): "Do not eat it" - this is extra (other verses forbid blood), it forbids eating Basar v'Chalav.
ii. Question: Perhaps it forbids something else!
iii. Answer: We learn from the context - the verse discusses two kinds (Tosfos - deer and wild goat; Rashi - a blemished Korban that was redeemed, in some ways it is like Chulin, in some ways it is like Kodshim), it comes to forbid two kinds.
2. Answer (Reish Lakish): Rebbi teaches the Isur to eat; I gave the source to forbid benefit.
3. Question: How does Rebbi learn that benefit is forbidden?
(c) Answer #2: (He learns from a Gezeirah Shavah "Kodesh-Kodesh.") The verse (in Devarim) forbidding Basar v'Chalav says "You are a Kodesh nation to Hash-m"; and it says, "There will not be Kadesh in Benei Yisrael" (a man that cannot Mekadesh, i.e. a slave, may not have relations with a Bas Yisrael; alternatively, a man may not wantonly have relations (Rashi - Mishkav Zachar)).
1. Just like Kadesh is an Isur of [relations, which is] Hana'ah, also Basar v'Chalav.
(d) Answer #3 (d'vei R. Eliezer): It says "Do not eat any Neveilah (...you may sell it to a Nochri) Lo Sevashel Gedi ba'Chalev Imo" - when you sell a Neveilah to a Nochri, you may not cook it (beforehand in milk, for this would forbid benefit from it).
(e) Answer #4 (Tana d'vei R. Yishmael): Three verses say "Lo Sevashel Gedi ba'Chalev Imo" - they forbid eating, benefit and cooking.
(f) Answer #5 (Beraisa - Isi ben Yehudah): One verse forbidding Basar v'Chalav says "You are a Kodesh nation to Hash-m"; another says "You will be Kodesh people to me, do not eat Tereifah meat in the field";
1. Just like Tereifah may not be eaten, also Basar v'Chalav.
2. A Kal va'Chomer forbids benefit:
i. Orlah did not result from a sin, yet it is Asur b'Hana'ah - Basar v'Chalav results from a transgression, all the more so it is Asur b'Hana'ah!
3. Question: We cannot learn from Orlah, for it never was permitted!
4. Answer: Chametz (during Pesach) shows that Isur Hana'ah does not depend on this - it is Asur b'Hana'ah, even though it was once permitted!
5. Question: We cannot learn from Chametz, for one who eats it (b'Mezid) gets Kares!
6. Answer: Kil'ei ha'Kerem shows that Isur Hana'ah does not depend on this (it is Asur b'Hana'ah, even though it is only a Lav)!
(a) Question: Why is a Gezerah Shavah needed to forbid eating Basar v'Chalav - this can also be learned from the Kal va'Chomer!
1. Orlah did not result from a sin, yet it is Asur to eat or benefit from it - Basar v'Chalav results from a transgression, all the more so it is Asur to eat or benefit from it!
(b) Answer: The Kal va'Chomer can be refuted:
1. It is forbidden to plow with Kilayim (different species of animals), or with a muzzled animal, yet nothing becomes forbidden to eat.
2. (Once the Gezerah Shavah forbids eating Basar v'Chalav, this refutation does not apply (regarding benefit), for both of these may not be eaten, whereas forbidden plowing does not forbid anything to be eaten.)
(c) Question: Why did the Tana use Kil'ei ha'Kerem to show that Isur Hana'ah does not depend on Kares - we can learn this from Orlah itself, and learn Basar v'Chalav from the Tzad ha'Shaveh of Orlah and Chametz!
(d) Answer #1 (Rav Ashi): If we learned from the Tzad ha'Shaveh, Neveilah would refute the Kal va'Chomer - it is Asur to eat, but it is Mutar b'Hana'ah!
(e) Objection (Rav Mordechai): We challenge a Tzad ha'Shaveh only regarding the sources we learn from, not from other laws.
(f) Question (Rav Ashi): How do you answer (Question (c)), we should learn from the Tzad ha'Shaveh (of Orlah and Chametz)!
(g) Answer (Rav Mordechai): We could challenge it - both Orlah and Chametz grow from the ground, but Basar v'Chalav does not.
(h) Question (Rav Ashi): Even now that we also learn from Kil'ei ha'Kerem, that challenge remains, for Kilayim also grows from the ground!
(i) Answer (Rav Mordechai): Anything common to the sources in a Tzad ha'Shaveh, but not in the Lamed (what we want to learn) is a challenge (even if there is no reason why it should affect the law).
1. Here, we may not challenge that Kilayim grows from the ground, unlike Basar v'Chalav, for this is not a leniency or stringency (which logically should affect the law).
(j) Question (Rav Ashi): Since we do not learn from Kilayim alone, rather from all three, it is like a Tzad ha'Shaveh, we can challenge it - all the sources (Orlah, Chametz and Kilayim), grow from the ground, unlike Basar v'Chalav!
(k) Correction (Rav Mordechai, citing Reish Lakish): Rather, when we learn from one source (e.g. Kal va'Chomer), we challenge only from a leniency or stringency;
1. When we learn from two sources, we may challenge from anything common to the sources (which is not found in the Lamed);
2. When we learn from three sources:
i. If we [can challenge the third source from a leniency or stringency, and] must learn from a Tzad ha'Shaveh, we may challenge from anything common to the sources;
ii. If we need not learn from a Tzad ha'Shaveh, we challenge only from a leniency or stringency.
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