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Chulin 11

CHULIN 11 - A Daf has been sponsored in honor of the birth of Yechiel Yehuda Kramer, by his grandparents in Jerusalem. May they see much Nachas from their new grandson and from all their other children and grandchildren!

1) [line 1] KEGON D'KAIMI DARA D'GAVREI V'AMREI KED'KAI KAI - the case is where a row of people are standing [in a line reaching from the afflicted house to the home of the Kohen] and saying that the mark of Tzara'as is still the same size.

2) [line 2] ZIL BASAR RUBA - follow the majority (ROV/RUBA)
(a) When there is a doubt as to the source of a certain item, i.e. from where it comes or to which group it belongs, the Torah informs us that we may resolve the doubt according to certain set rules. Among these rules is the principle, "Halech Achar ha'Rov" (assume that an item comes from the largest group).
(b) There are two types of Rov, a "Ruba d'Isa Kaman" and a "Ruba d'Leisa Kaman." A "Ruba d'Isa Kaman" ("a Rov that is in front of us") refers to a majority that is present and countable, such as a majority of the judges of a court, or a situation in which one piece of Tereifah meat became mixed up with two pieces of Kosher meat. In those cases, the Rov is present in front of us. The Torah instructs us to follow such a majority, as it states "Acharei Rabim l'Hatos" (Shemos 23:2).
(c) A "Ruba d'Leisa Kaman" ("a Rov that is not in front of us") refers to a majority in *frequency* -- something usually occurs in this manner. The majority is not present and countable, but rather it is a predictable consequence of natural events (i.e. a statistical majority). For example, we know that there is a Rov that "most animals are not Tereifos." This Rov is not in front of us, but, nevertheless, there exists a fact in the frequency of the occurrence of Tereifah animals that tells us that most animals are born healthy.

3) [line 3] "ACHAREI RABIM L'HATOS" - "... follow (lit. incline towards) the majority" (Shemos 23:2)

4) [line 3] RUBA D'ISA KAMAN - see above, entry #2

5) [line 4] TESHA CHANUYOS - nine stores. This refers to a case in which a person finds a piece of meat in a city in which there are nine stores that sell Kosher meat, and one store that sells non-Kosher meat. In such a case, the Rov is a "Ruba d'Isa Kaman" (see above, entry #2), and the meat is permitted because we follow the majority and assume that it came from one of the stores that sell Kosher meat.

6) [line 4] SANHEDRIN - the Beis Din of 23 judges, which tries cases involving capital punishment (see Background to Sanhedrin 2:1). The Torah teaches that when there is a dispute how to rule in a capital case, we follow the majority (Shemos 23:2). In such a case, the Rov is a "Ruba d'Isa Kaman" (see above, entry #2).

7) [line 5] RUBA D'LEISEI KAMAN - see above, entry #2.

(a) If a married man dies childless and has brothers who survive him, his widow (or widows) may not remarry until one of the deceased husband's brothers performs Yibum (levirate marriage) or Chalitzah (levirate release) with the widow (or one of the widows), as it states in Devarim 25:5-10. Chazal learn from the verses that if there are a number of brothers, there is a preference for the oldest brother to perform Yibum or Chalitzah (Yevamos 24a). If the conditions for the Mitzvah of Yibum do not exist, marital relations between a man and his brother's wife are prohibited and make them liable to the punishment of Kares.
(b) If the Yevamah (the widow of the deceased brother) is a minor, she nonetheless may marry her deceased husband's brother to perform Yibum, but she may not do Chalitzah until she reaches adulthood. Similarly, if the Yavam (the brother of the deceased husband) is a minor, he may perform Yibum with his brother's widow, provided that he has reached the age of nine (Nidah 45a), but he may not perform Chalitzah until he reaches adulthood.
(b) The Rabanan (Yevamos 111b) maintain in a case in which a Katan married his Yevamah who is a Ketanah, they may remain married, because we are not concerned that when they reach maturity, one of them will be found to be sterile (thus negating the obligation of Yibum, and causing them to transgress the Isur of "Eshes Ach," marrying the wife of one's brother when no Mitzvah of Yibum is thereby fulfilled). Since we follow the majority (Rov) that most minors grow up to be child-bearing adults, we do not suspect that when they reach maturity, one of them will be found to be sterile. This Rov is a case of a "Ruba d'Leisa Kaman."

9) [line 6] SIMAN ZEMAN SHEVACH MECHANESH - this is a mnemonic device to remember the names of the ten Amora'im who propose sources in the Torah for the law of Rov:

  1. Rebbi Ela*z*ar
  2. *M*ar brei d'Ravina
  3. Rav *N*achman bar Yitzchak
  4. Rav *Sh*eshes
  5. Ra*b*ah bar Ula
  6. Rav A*ch*a bar Yakov
  7. Rav *M*ari
  8. Rav *K*ahana
  9. Ravi*n*a
  10. Rav A*sh*i
10) [line 7] REISHA SHEL OLAH - the head of an animal brought as a Korban Olah. It is not possible to cut open the head of an animal brought as a Korban Olah in order to ensure that the cranial membrane did not become pierced, rendering the animal a Tereifah and unfit to be a Korban. This is because the Torah says that the Korban is supposed to be cut only into pieces (Vayikra 1:6) and offered on the Mizbe'ach, but not that its pieces should be cut into smaller pieces.

11) [line 8] "V'NITACH OSAH LI'NESACHEH" - "And he shall cut it into its pieces." (Vayikra 1:6)

12a) [line 8] OSAH LI'NESACHEHA - [he shall cut only] *it* into pieces
b) [line 9] V'LO NESECHAHEHA LI'NESACHIM - and not its pieces into [smaller] pieces

13) [line 10] NIKEV KERUM SHEL MO'ACH - the cranial membrane became pierced
14) [line 11] D'FALI LEI - (O.F. partir, fendre) perhaps he divides it without separating it into separates pieces

15) [line 14] HEICHA D'LAYIF - where it is still attached

(a) It is a Mitzvah for all Jews to offer a Korban Pesach on the fourteenth of Nisan in the afternoon, as it states in the Torah, "and the whole assembly of the congregation of Yisrael shall slaughter it towards evening." (Shemos 12:6). The Pesach is an unblemished male lamb or goat within its first year that is roasted in its entirety. The meat of the Korban Pesach is eaten on the night of the fifteenth of Nisan.
(d) No bones of the Pesach are allowed to be broken (Shemos 12:46).

17) [line 18] D'MANACH GUMARTA ALEI - perhaps he places a burning coal on it (the head of the animal)

18) [line 19] V'KALI LEI - and he roasts it (the cranium, in order to examine the inside of the head)

19) [line 19] HA'MECHATECH B'GIDIM - one who cuts the sinews (of the Korban Pesach)

20) [line 21] ALYAH - the fatty tail. This refers to the fats below the kidneys down to the tail, and the tail itself.

21) [line 22] "CHELBO HA'ALYAH SEMIMAH L'UMAS HE'ATZEH" - "[He shall offer, from the Shelamim offering, as a fire-offering to HaSh-m] the choicest part, the complete tail, above the backbone" (Vayikra 3:9) - One who brings a Korban Shelamim or Chatas offers the Alyah on the Mizbe'ach together with the Eimurim, the fats that are burned on the Mizbe'ach.

22) [line 23] NIFSEKAH CHUT HA'SHIDRAH - the spinal cord was severed (rendering the animal a Tereifah)

23) [line 24] DEMI'TATA'I PASIK LAH - he cuts it off from below. That is, when he removes the Alyah (the fat of the tailbone), he removes it lower down, closer to the tail, so that he is able to examine the spinal cord from that point all the way up to the head. He removes the Alyah below the "Perashos," because below the "Perashos," a cut in the spinal cord does not render the animal a Tereifah. The "Perashos" are the nerves that branch off from the spinal cord and extend into each hind leg. These branches begin at the area of the hip-bone (O.F. hanche). (See SICHAS CHULIN, p. 12 and pp. 173-175; TEMUNEI CHOL, p. 55)

24) [line 25] "L'UMAS HE'ATZEH" - "above the backbone" (Vayikra 3:9) - This teaches that the Alyah must be removed from the upper part of the animal, above the "Perashos" (and thus it is not possible to examine whether or not the spinal cord was severed at that point)

25) [line 25] MAKOM SHEHA'KELAYOS YO'ATZOS - the place where the kidneys are situated (lit. the place where the kidneys give advice; this phrase is based on the Gemara in Berachos 61a which says that "the kidneys give counsel [to the heart], and the heart understands [and prompts the person to take action].")

26) [line 26] D'PASACH LAH - he opens it (the area of the Alyah in order to examine the spinal cord). He can examine the spinal cord without cutting the Alyah by opening the animal from the underside, leaving the Alyah attached to the backside (RASHI).

27) [line 27] TEMIMAH - the requirement that the Alyah be "complete" (Vayikra 3:9), and it may not be cut even to be examined

28) [line 30] EGLAH ARUFAH
(a) If a Jew is found murdered in a field (in Eretz Yisrael) and it is not known who the murderer is, the Torah requires that an Eglah Arufah be brought in order to atone for the blood that was spilled (Devarim 21:1). The procedure is as follows:
(b) Five elders (according to the opinion of Rebbi Yehudah, which is the Halachah) of the Beis Din of the Lishkas ha'Gazis (the Jewish Supreme Court) measure the distance between the dead body and the cities around it to determine which city is closest to it.
(c) The elders of the city that is closest to the corpse must bring a female calf that has never been worked (see Background to Bava Metzia 30:12:b) to a Nachal Eisan (a swiftly flowing stream - RAMBAM Hilchos Rotze'ach 9:2; a valley with tough soil - RASHI). They strike it on the back of its neck (Arifah) with a cleaver, severing its spinal column, gullet and windpipe. This calf is the "Eglah Arufah" and becomes Asur b'Hana'ah.
(d) The elders of the closest city then wash their hands there and say, "Our hands have not spilled this blood, and our eyes did not see [the murder]" (Devarim 21:7). This includes a proclamation that the dead man was not sent away from the city without the proper food for his journey or the proper accompaniment. The Kohanim that are present say, "Atone for Your people Yisrael whom You have redeemed, HaSh-m, and do not place [the guilt for] innocent blood in the midst of Your people, Yisrael" (ibid. 21:8). After this procedure, HaSh-m will grant atonement for the innocent blood that was spilled (RAMBAM Hilchos Rotze'ach 9:3).
(e) The calf that is used as the Eglah Arufah must be fully healthy and cannot be a Tereifah, as the Gemara derives from the verse (Devarim 21:6; see TOSFOS DH ha'Arufah). (See next entry.)

29) [line 31] KESHE'HI SHELEMAH TEHEVEI - when it (the calf) is complete, it shall remain that way forever (and it cannot be cut up to be examined)

(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).

31) [line 40] CHATAS KARYEI RACHMANA - the Torah calls it (the Parah Adumah) a "Chatas" (Bamidbar 19:9), teaching that the Parah Adumah must be complete, and not a Tereifah, at the time that it is burned, like a Korban Chatas

32) [line 41] SA'IR HA'MISHTALE'ACH - lit. the goat that is sent away
(a) On Yom ha'Kipurim, a Goral (lottery) is performed by the Kohen Gadol to choose between two identical goats (Vayikra 16:7-10). One (the Sa'ir la'Sh-m) is offered as a Korban Chatas ha'Nisraf and its blood is sprinkled in the Kodesh ha'Kodashim (Vayikra 16:15); the other (the Sa'ir la'Azazel) is dispatched ("Mishtale'ach") to Azazel (a hard rocky cliff), from which it is pushed off to its death (Vayikra 16:21-22).
(b) A strip of crimson wool is tied between the horns of the Sa'ir ha'Mishtale'ach before it is led to Azazel. The person who takes the goat to Azazel becomes Tamei and is required to immerse his body and clothes in a Mikvah (Vayikra 16:26). The remains of the Sa'ir ha'Mishtale'ach are Asur b'Hana'ah.
(c) Before it is dispatched to Azazel, the Kohen Gadol performs Semichah upon the Sa'ir ha'Mishtale'ach, confessing the sins of all of the people while doing so. According to Rebbi Yehudah, this confession achieves atonement for all of the people, for all sins except sins of Tum'as Mikdash v'Kodashav. According to Rebbi Shimon, this confession achieves atonement for all of the people except the Kohanim, for all sins except sins of Tum'as Mikdash v'Kodashav. (The second confession over the Par of the Kohen Gadol provides the Kohanim atonement for all other sins besides sins of Tum'as Mikdash v'Kodashav.)

33) [last line] SHE'YEHU SHNEIHEM SHAVIM - they (the two goats) must be identical


34) [line 3] EIN GORAL KOVE'A LA'AZAZEL ELA B'DAVAR HA'RA'UY LA'SH-M - the Goral (lottery) is effective in establishing which Sa'ir will be sent to Azazel (see above, entry #32) only when each animal is without blemish and is fit to be brought as a Korban as the Sa'ir la'Sh-m.

35) [line 5] LO HAYAH MAGI'A L'MACHATZIS HA'HAR AD SHE'NA'ASEH EVARIM EVARIM - it did not reach halfway down the cliff until it became a mangled set of limbs

36) [line 7] "[U']MAKEH AVIV V'IMO [MOS YUMAS.]" - "[And] if one strikes his father or his mother, [he shall surely be put to death.]" (Shemos 21:15) (CHOVEL B'AV V'EM)
(a) A person who strikes his father or mother such that blood flows from the wound, after having received a proper warning that the act is punishable with death, is liable to the death penalty of Chenek (choking), as it states in the Torah (Shemos 21:15).
(b) If blood does not flow from the wound when the person strikes his father or mother, the penalty is the same as Chovel b'Chaveiro, one who strikes his fellow man (see Background to Sanhedrin 78:30). (RAMBAM Hilchos Chovel u'Mazik 4:7)

37) [line 11] CHAVUSHIM B'VEIS HA'ASURIN - imprisoned in jail
38) [line 12] EIN APOTORPOS L'ARAYOS - lit. "there is no overseer with regard to forbidden relations." With regard to forbidden relationships, we cannot rely on the best "appointed official" or guard to guarantee that nothing forbidden was done.

39) [line 14] DILMA TEREIFAH HAVAH - perhaps he (the one who was murdered) was a Tereifah (and thus the murderer is not punishable with death for killing him)

40) [line 16] HA KA MINVAL - but that (performing a postmortem examination) causes a disgrace [to the dead]

41) [line 16] V'CHI TEIMA MISHUM IBUD NESHAMAH D'HAI NINVELEI - and if you say that because of the loss of life of this one (the murderer), we should disgrace him (the dead man, by performing a postmortem examination). (We are obligated to attempt to save the life of the defendant, as learned from the verse, "v'Hitzilu ha'Edah" (Bamidbar 35:25), and, therefore, perhaps we may disgrace the deceased for that purpose (RASHI).)

42) [line 17] V'NEICHUSH SHEMA BI'MEKOM SAYIF NEKEV HAVAH - we must suspect that perhaps in the place of the sword (where he was stabbed), there was a hole (rendering him a Tereifah)

43) [line 18] EDIM ZOMEMIN
(a) If two witnesses testify to a crime or an event and a later set of witnesses contradict their testimony by saying that the crime or event did not take place exactly as the first set of witnesses testified, all of the witnesses are termed Edim Mukchashin (contradictory witnesses), and Beis Din cannot use either testimony.
(b) If, however, two witnesses testify to a crime or an event and a later set of witnesses *disqualifies* that testimony by saying that the first two witnesses were with them in a different place at the time that the first witnesses claim that the act took place, the first witnesses are termed Edim Zomimin (conspiring witnesses). The Torah commands that the second set of witnesses is believed, rather than the first. In general, Edim Zomemin are punished with the punishment they tried to cause. (Devarim 19:16-21; see Mishnah Makos 5a.)
(c) The punishment of Edim Zomemin is administered to the Edim only if they succeeded in convicting the defendant of the alleged crime ("Achar Gemar Din") but before the sentence is carried out. The Gemara (Makos 5b) learns this Halachah from the words of the verse, "Ka'asher Zamam *La'asos*, v'Lo Ka'asher *Asa*" - "as he conspired *to do*, but not as he conspired *and did*" (Devarim 19:19).

44) [line 19] VA'ASISEM LO KA'ASHER ZAMAM [LA'ASOS L'ACHIV, U'VI'ARTA HA'RA MI'KIRBECHA.]" - "And you shall do to him as he conspired [to do to his brother, and you shall remove the evil from your midst.]" (Devarim 19:19)

45) [line 20] HACH D'AS'HIDU VEI - the person against whom they (the first witnesses) testified (in their attempt to have him put to death)

46) [line 22] BERIBI - (a) one of the great sages of the generation who remains anonymous ("Beribi" is a descriptive title such as "the Great," used to refer to a sage) (RASHI here); (a) the name of a certain sage (RASHI Makos 5b)

47) [line 23] LO HARGU NEHERAGIN, HARGU EIN NEHERAGIN - if they did not succeed in having the defendant put to death, then they are put to death, but if they succeeded in having the defendant put to death, then they are not put to death (see above, entry #42:c)

49) [line 25] V'LEICHUSH SHEMA BI'MEKOM NEKEV KA SHACHIT - but you should suspect that perhaps in the place of the hole, he slaughtered the animal (that is, he cut directly where the hole was)

50) [line 29] HEICHA D'EFSHAR EFSHAR - where it is possible [to rely on Rov], it is possible [and we rely on Rov]; where it is not possible [to rely on Rov], it is not possible [and we do not rely on Rov]. (a) RASHI (DH Heicha) explains this statement to mean that we rely on Rov only when it is not possible to clarify the facts and resolve the doubt. (b) TOSFOS (DH Leichush) seems to understand this statement to be referring to the verses from which the Amora'im suggest we learn the principle of Rov. When the only way to understand the intent of the verse is by utilizing the principle of Rov, then we apply Rov in that case. When the verse can be understood without utilizing Rov, then we do not rely on Rov in that case.

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