Chullin 93: Sharing the Sciatic Nerve with Non-Jewish Neighbours

A new Mishna teaches us that a Jew may send a kosher animal to a non-Jew with the gid ha-nasheh, sciatic nerve, attached.  We do not need to worry that it will be resold to a Jew because the Jew would certainly notice the difference.  

The Gemara notes that it is important for the non-Jew to provide the Jew with the entire piece of meat.  IF the meat is cut up, it is disqualified.  The Gemara also suggests that geneivat data, stealing his mind/ fraud, is involved.  If we create the impression that the geneivat da'at is permitted,

Is this actual theft?  II Shmuel (15:6) provides a proof text: Avshalom "stole the hearts of the people of Israel.   The Ritva and others assert that we are not permitted to mislead anyone, Jew or non-Jew.

This daf alludes to] close friendship between Jews and non-Jews.  This is highly discouraged in other dap.  Clearly Jews have always been friendly with some non-Jews

Chullin 92: The Vine as Metaphor

The rabbis interpret Bereishit (40:10), "And in the vine were three bunches and as it was budding its blossoms shot forth and its clusters brought forth ripe grapes".

Rabbi Eliezer says that the vine is the world, the branches are our patriarchs, the blossoms the matriarchs and the ripe grapes were the twelve tribes.  Rabbi Yehoshua says that dreams tell the future, and thus the vines the Torah, the branches are Moses Aaorn and Miriam, and the budding blossoms are the Sanhedrin.  The ripe grapes were the righteous of all generations.  Rabbi Elazar HaModa'i says that the vine is Jerusalem, the branches are the Temple the King and the High Priest, blossoms are young priests, and the grapes are the libations.  Rabbi Yehoshua ben Levi says that the vine is the Torah, the branches are the well, the pillar of cloud, and Mann, the blossoms are the first fruits, and the grapes are the libations.  Rabbi Shimon ben Lakish says that the vine is the nation, the branches are the homeowners who provide financial support, the clusters are the Torah scholars, the leaves are the ignoramuses, the tendrils are those in Israel with no learning.  He offers a proof from the word sent from Israel: "Let the clusters pray for the leaves, for were it not for the leaves the clusters would not survive".

A grapevine includes four parts: zemorot, branches, eshkolot, clusters, alim, leaves, and kenokanot, tendrils

Chullin 89: The Colour Tekheleta

The Gemara continues to discuss statements made by Avraham.  Rava teaches us that in the merit of Avraham who says, "I will not take a thread nor a shoe-strap" (Bereishit 14:23) his descendants received two commandments: the three of techelet, tzitzit, and the strap of the tefillin. 

Rava goes on to ask why techelet, a colour, is specified from all of the other colours for this mitzvah.  He responds that techelet is similar to the colour of the sea, which is like the sky, which is like a sapphire, which is similar to the throne of Glory.  The proof forgot his is from Sehmot (24:10) and Yechezkel 1:26. 

The rabbis argue about the colour of techelet:

• rabbis say that it is the colour of grass or leeks
• Rambam and Rav Se'adya Gaon say that it is the colour of the clear sky
• Rashi says that it is a green or turquoise colour
• Rabbi moshe HaDarshan says that it is the colour of the sky near evening when there is a purplish shade to the blue

To determine the colour, some people searched out the colour of a chilazon, marine creature, which is the source of techelet.  False techelet is known as kala ilan, which is an indigo colour.

Chullin 88: Covering the Blood of a Slaughtered Animal, Cases of Ashes and Dirt

What is used in kisuy hadam, covering the blood when animals are slaughtered?  A new Misha teaches that beyond the dirt noted in the Torah, lime, fine sand, fine granulated manure, crushed potsherd, crushed brick, or crushed earthenware are all options.  Rabban Shimon ben Gamliel notices that as long as plants can grow in it, it is valid.  The Gemara adds that ashes are another option.

We learn about other mitzvot that use dirt or ashes.  Rava teaches that as a reward for saying "I am but dust and ashes" (Bereishit 18:27), Avraham's children merited the mitzvah of para aduma, the red heifer and the mitzvah of the dust used in the ceremony of the sota, the wife accused of adultery.  And why not use the example of the dirt used for kisuy hadam?  The Gemara explains that dirt serves only the purpose of covering the blood in kisuy hadam, whereas in para aduma and sota, the dirt and ashes are central in purifying what is defilied and establishing a woman's innocence.

The Gemara continues to discuss why these mitzvot are connected to Avraham's statement when they would be required in any case given these situations.  Perhaps the rituals surrounding the para aduma were simplified because of Avraham's merit.  And perhaps Avraham's merit allowed a sota to be permitted to her husband again, promoting shalom bayit.

Chullin 86: Compromised Slaughterers, Rabbi Chanina's Piety

A new Mishna teaches us that in the case of a deaf-mute, an imbecile or a minor who properly slaughtered an undomesticated animal or bird with a supervising witness, the slaughter is valid.  The witness is obligated to cover the blood.  If they slaughtered the animals themselves without supervision, one is exempt from the obligation to cover the blood.  

Similarly when one of these three groups of people slaughters a mother and its offspring on the same day, a supervising witness will affirm that it is prohibited to slaughter the offspring after the mother.  If they slaughtered the mother animal among themselves, Rabbi Meir says that it is permitted to slaughter the offspring while the rabbis prohibit this action. The rabbis agree that if one slaughtered the offspring he is not punished with forty lashes because the mother was possibly not slaughtered properly.

The Gemara teaches us about piety.  Rav Yehuda said in the name of Rav that every day a Divine Voice says that "the entire world is sustained with food in the merit of my son Chanina, and yet for my son Chanina one kav of carob fruit is sufficient to sustain him from one Shabbat to the next".  

Beyond this idealization of masochism, the rabbis teach that this story refers to the pious Chanina ben Dosa, student of Rabbi Yochanan ben Zakkai.  The rabbis suggest that Rabbi Chanina did not starve himself; rather he was accepting of his lot in life.  Rabbi Avraham Chayyim Shor (Torah Chayyim) suggests that rabbi Chanina was judged based on attributes of law and of merit.  When Rabbi Chanina is equated with the entire world, he receives the strict judgement of the law allowing the rest of the world to receive the lenient judgement of mercy.

Chullin 85: Kisuy HaDam and Its Limitations

A new Mishna teaches that in these cases:

• one who slaughters an undomesticated animal or bird and it is found to be a treifa, with a wound that would cause it to die within a year
• one who slaughters an undomesticated animal or bird for the sake of idol worship
• one who slaughters a non-sacred animal or bird inside the Temple courtyard or a sacrificial bird outside of the Temple courtyard
• one who slaughters an undomesticated animal or a bird that was sentenced to be stoned (for killing a person

it is prohibited to eat these animals or birds.  However, Rabbi Meir asserts that one is obligated in kisuy ha-dam, covering their blood of wild animals and birds after ritual slaughter, while the rabbis exempt this action.  In the opinion of the rabbis, slaughter that is not fit to render the meat kosher is not considered an act of slaughter.

The Gemara discusses what is considered to be slaughter.  If something is not slaughter, is one still required to cover the resulting blood?  The Gemara also teaches about Rabbi Chiyya's flax becoming infested with moths and solving the problem by slaughtering a bird over the flax's soaking tub so that the moths would leave the flax.  How could he ignore the mitzvah of kisuy ha-dam?  Further, how could he have moths in his flax when the rabbis were blessed with no moths due to the merit of their study?  The rabbis agree that only others benefited from the merit of their study.

Chullin 84: Rabbi Yochanan's Wisdom, Slaughter on Shabbat

After discussing the many differences between water and blood, the rabbis turn to the wisdom of Rabbi Yochanan.  He teaches a number of different life lessons including

• if we wish to become wealthy, we should raise small livestock
• it is healthier to drink a cup of water from witches than a cup of lukewarm water -- but boiled water is fine
• if one wishes to lose his father's inheritance, he should wear white linen, drink from expensive glass, and eat separate from the labourers with oxen - all of these things will become ruined and his money will be lost

Rabbi Avira interpreted Psalms (112:5) in the name of Rabbi Ami or Rabbi Asi: "Good is the man who is gracious and lends, who orders his affairs with justice".  This means that a person should eat and drink less than what is within his means.  He should dress according to his means.  Finally, he should honour his wife and children more than what is within his means.  This is because they are dependent on him just as he is dependent upon "the One Who spoke and the world was created".

Our daf ends with a discussion about slaughter on Shabbat.  This should only be done if it is required to help one who is ill.  But should the blood left behind be covered on Shabbat?  No, say the rabbis, it should be left.  The rabbis begin to discuss these questions as they might apply to Festivals.

Chullin 83: Slaughter of Mother and Offspring on Erev Chag and Yom Tom

Today's Mishna teaches us that there are four times each year when a seller must tell a buyer that "Today I sold its mother to be slaughtered" or "Today I sold its offspring to be slaughtered".  These days are erev, evening at the start, Sukkot, erev Passover, erev Shavuot, and erev Rosh HaShana.  Rabbi Yosei HGelili adds erev Yom Kippur when in the Galilee.

This is about volume.  When so many people are buying animals for slaughter, it would be simple to sell a mother animal to the family of a groom and its offspring to the family of a bride.  They would have to be informed because otherwise a mother and its offspring would be slaughtered on the same day.  

The Gemara offers possible reasons behind each of these four days.  Regarding erev Yom Kippur, Masechet Yoma (81b) teaches that one who eats and drinks on erev Yom Kippur is seen as though s/he fasted on the ninth and tenth of Tishrei.  Thus it is a special mitzvah to eat and drink before erev Yom Kippur.  This applies especially in the Galilee where people ate meat, and not lighter meals like fish or poultry.  

Chullin 82: Mothers, Offspring and Slaughter

A new Mishna teaches us that if a mother and an offspring were sold on the same day, the person making the first purchase has the right to slaughter that animal on that day.  This prevents the other buyer from slaughtering its animal that day.  If the second person slaughtered his/her animal first regardless, then s/he prevents the owner who bough first from completing the slaughter that day.

The Tosefta explain this law.  It is understood that one who buys an animal wishes to slaughter it that day.  Thus s/he has the right to slaughter that animal before another person slaughters his/her animal. One cannot give greater rights to another person than his/her own rights regarding the animal owned.  

The Rosh rules that this Mishna's law is only enforceable when two people purchased animals from the same place.  If they bought their animals from two different sources, each has the right to slaughter their animal that they purchased "first".  Another rabbi suggests that a lottery should decide who should slaughter their animal first.

Chullin 79: Horses, Donkeys, Mares and Hinnies

Our Mishna teaches us about mating different species of animals (from Vayikra 19:19).  Rabbi Yehuda tells us that if a mule is in heat, it can be mated with another mule but not with a horse or donkey.  The Gemara teaches that all kinds of horses and donkeys are forbidden because we do not know the mule's actual species.  To learn its kind, we use the signs taught by Abaye:

• if its voice is deep then it is the offspring of a female donkey
• if its voice is shrill then it is the offspring of a mare

Rav Pappa adds to this:

• if its ears are large and its tail is small it is the offspring of a female donkey
• if its ears are small and its tail is large it is the offspring of a mare

Rabbi Yehuda does not consider the consideration of the physical traits listed.  The Gemara asserts that we must be dealing with a case where an animal is mute and it had its ears and tail cut off thus it could not be examined.

If a mother horse mates with a donkey, the offspring will be a mule.  Mules can be male or female and are infertile.  If the mother donkey mates with a horse, the offspring is a hinny, which is smaller and less common than mules.  Steinsaltz shares detailed information about these different animals including their appearance and their characteristics.

Chullin 78: Slaughter of Parent and Offspring on the Same Day

A new Mishna teaches us about oto ve'et beto, slaughtering mothers and their offspring on the same day.  These laws are interpretations of Vayikra (22:28).  Only kosher domesticated animals are discussed - not birds or wild animals.  If the offspring is slaughtered first, male or female, the rabbis agree that the Torah prohibition applies.  However, the father may or may not be included in the prohibition.  Our Mishna specifies that sanctified animals brought as sacrifices to the Temple are included as well.  

Tosafot wonder why this last question is even a question at all.  Two possible answers are offered:

• The Mishna is teaching a specific case where one is obligated to offer the Pesach sacrifice and only an offspring whose mother was slaughtered that day is available.  Instead of setting aside the prohibition for this case because of the positive commandment regarding bringing the korban, the prohibition stays in place

• The law begins with "whether it be a bull or a sheep" which separates this verse from the previous verse.  Perhaps this was done to show that it is not included in the list of rules for sanctified animals.  The Mishna must teach otherwise.

Chullin 77: The Placenta, Medicinal Practices

We are introduced to a new Mishna that discusses whether or not a placenta is permitted to be eaten.  We learn that it may be eaten though it is not considered to be an ordinary food, and that it may be buried but not at an intersection nor hung on a tree.  This is to differentiate our practices from those of the Amorites.

From www.newSteinsaltz.com, we learn: 

     'The ways of the Amorite” refers to activities that are not truly     in the category of idol worship, but they are non-Jewish traditions that are forbidden based on the passage in Sefer Shemot (23:24, and see Rashi there) “…nor do after their doings.” Another source for this prohibition is Vayikra (18:3) “…neither shall you walk in their statutes.” In particular, these are understood as referring to practices of magic and witchcraft."'

Abaye and Rava agree that medicinal practices are permitted, but non-medicinal practices are forbidden as Amorite practices.  This means that the practice of painting a tree with red paint when its fruits fall off and then putting stones on the tree is permitted.  Why?  Because the stones limit the tree's strength and the paint draws people's attention so that they might pray for the tree.  Not what we might call medicinal, but certainly a practice toward helping trees - perhaps if the fruit or the tree were used medicinally, this would be a more logical practice.

Chullin 76: An Animal's Legs, the Arkuba

A new Mishna teaches that an animal whose hind legs are cut off "from the joint and below" is permitted.  If the legs were cut off "from the joint and above", the animal is considered to be a tereifa.  If an animal's tzomet ha'gidim, convergence of sinews, has been removed then it is also a tereifa.  The Gemara discusses the location of the "cut off" between above and below the joint.  This particularly disturbing set of images includes arguments about the physiology of different animals.  The upper leg, the lower leg and the arkuba, the joint between the bones in the upper and lower legs.

Chullin 75: Shechita of the Mother Animal, Status of the Fetus

The rabbis have argued about whether a fetus requires its own shechita if its mother is slaughtered.  If the mother is a tereifa, an animal that will die within 12 months who is thus not kosher, the shechita changes the mother's status but does not make her kosher.  The rabbis argue about whether the fetus is permitted if the mother is slaughtered as a tereifa and the fetus is found after the fact.

Some rabbis see the fetus as viable on its own and others do not.  Does the mother's slaughter have an impact on the fetus?  The kosher slaughter of the mother would not permit the fetus and it would not forbid the fetus if the slaughter was invalid.  The rabbis who see the fetus as interdependent with the mother would have to acquiesce with an invalid slaughter invalidating the fetus's slaughter.

Could the fetus be permitted if it had its own shechita?  The fetus could have the defilement of neveila removed throughout the mother's slaughter.  Its own shechita would ensure that the fetus is permitted

Chullin 72: Burials

A brief note about today's daf:

We learn from Rabbi Akiva that in Bamidbar (19:16) when one who touches a gollel, casket cover, or dofek, casket walls, s/he has been ritually defiled.  Or, as Rabbeinu Tam suggests, these are part of the tomb which extrude from the field.  The medieval period burial procedures are described.  In mishnaic times, corpses were placed in burial caves to decompose and then the bones were taken to a family burial cave.  The cave was sealed by a gollel, rolling rock held in place by a dofek, another stone.  Wax sealed by the owner demonstrated whether or not the tomb had been opened.

Chullin 71: Ritual Impurity of a Fetus that is not Alive

A new Mishna teaches about women and ritual impurity.  How does her status change if her fetus dies while still in utero?  If she reaches and touches the dead fetus in her womb, the she contracts ritual defilement due to contact with the dead.  However, she reminds ritually pure until the fetus has been delivered.

The Gemara argues that a dead fetus does not defile other objects/people because it is tumah beluah, encapsulated defilement.  The midwife who contracts ritual defilement does so according to rabbinic but not by Torah law.  After the head has been delivered, the rabbis and the midwife disagrees regarding whether or not the fetus is capable of defilement.  

The mother does not ritually defile because of tumah beluah.  The Sages offer many opinions regarding this ruling.  Rashi says that the fetus is as if it is fully digested and so it can't defile anything else.  In Masechet Nidda, Rashi teaches that when defilement is encapsulated in an animal, it is as if it has disintegrated.  Touching and carrying do not spread ritual impurity.  The Meiri and others says that the fetus is given minor status within the host animal.  Rumba says that encapsulated impurities are enveloped by the body which acts as a chatzitza, separation that block the defiled object from others (like a cover on an earthenware vessel.

Chullin 70: A Blemished Bechor as a Fetus

Some points from today's daf:

• the bechor, firstborn of a kosher animal, is given to the kohanim
• the kohen brings the bechor to be sacrificed in the Temple in Jerusalem
• the kohen can eat the meat from the sacrifice
• if the animal develops a mum, blemish, it is not redeemed and exchanged like other sanctified animals
• a mum can be eaten outside of the Temple by the kohen
• thus the laws of bechor continue to apply today
• because it will not work, instead bechorim are sold to non-Jews to discontinue the laws of bechor
• a bechor must be a petter rechem, opener of the womb
• if only parts of the fetus emerge, the animal has no sanctity and it can be killed to save the mother; its meat given to the dogs
• Rava asks about what constitutes a petter rechem:
• If a weasel put its head into the womb and pulled out the fetus, then put it back and spit it out, and then the fetus came out on its own...?
• if one joined the wombs of two animals and one fetus entered the womb of the other - does it exempt itself, its mother, and/or the other fetus from the laws of bechor...?
• these questions are teiku, they remain undecided.
• Tosafot say that these impossible cases are relevant for the sake of Torah study
• Steinsaltz notes that today's questions of surrogacy prove these questions relevant today

Chullin 69: Fetus that Looks Like a Dove

Only in certain circumstances, the fetus is not permitted when a pregnant animal is slaughtered:

• If the slaughtered animal was opened and the fetus looked like a dove and not an animal
• there may or may not be the look of split hooves
• if the fetus looks like a bird or a lizard and not an animal
• if it has a birth defect even though it was born of a kosher animal, it is permitted

Chullin 68: Status of the Fetus when an Animal Undergoes Shechita

We begin perek IV today which is devoted to animals that have difficulty while giving birth.  If the mother is slaughtered while a fetus is in its womb, the rabbis must determine the status of the fetus.

The mother is slaughtered and may be eaten.  Ritual slaughter would allow all parts of the animal to be eaten.  This would include the fetus.   If the fetus is developed and viable after its mother's death, is it an independent entity?  Does it require its own shechita?  If it is not independent from its mother, how are other parts of the animal not normally eaten affected?

The Mishna illustrates these questions by describing a case where this is likely to occur.  When the fetus' front leg first exits the womb, we know that the animal is in distress.  Normally front legs come out first.  The Mishna teaches us that the fetus is permitted when its mother is slaughtered.  If the head comes out first then the fetus is now an independent entity and as such it is not permitted via its mother's slaughter.