POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Chulin 40
CHULIN 37-40 - sponsored by Dr. Lindsay A. Rosenwald of Lawrence NY, in
honor of his father, David ben Aharon ha'Levy Rosenwald of blessed memory.
1) SLAUGHTER FOR IDOL-WORSHIP
(a) (Mishnah): If one slaughters to serve mountains, hills,
seas, rivers or the wilderness - the slaughter is
2) FORBIDDING ANOTHER'S PROPERTY
(b) If two people slaughter together, one intends to serve
one of these things, the other intends for proper
slaughter - the slaughter is invalid.
(c) (Gemara) Inference: The slaughter is only invalid, it is
(d) Contradiction (Beraisa): One who slaughters to serve
mountains, hills, seas, rivers, the wilderness, the sun,
moon, stars, constellations, Micha'el (the great
ministering angel), or the angel that oversees a worm -
this is Takroves.
(e) Answer (Abaye): Our Mishnah discusses slaughter to serve
the mountain (or sea...) itself; the Beraisa discusses
slaughter to serve its overseeing angel.
1. Support: Presumably, all cases of the Beraisa
resemble Micha'el, an angel.
(a) (Rav Huna): Shimon's animal was crouched before an idol;
once Reuven slaughters one Siman, he makes it forbidden.
(b) This is like Ula.
1. (Ula): Even though Reuven cannot forbid Shimon's cow
by bowing to it, if he did an action to it, he
(c) Question (Rav Nachman - Beraisa): If one slaughters a
Chatas outside the Mikdash, for idolatry, on Shabbos (all
b'Shogeg), he brings three Chata'os to atone for this.
1. If the animal becomes forbidden after slaughtering
one Siman, he should not be liable for Shechutei
Chutz (slaughtering a Korban outside the Mikdash),
for the cutting of the second Siman is like cutting
dirt (since the animal is already forbidden -
Shechutei Chutz only applies to Kosher Korbanos)!
(d) Answer #1 (Rav Papa): The Beraisa discusses Chatas ha'Of
- since only one Siman need be cut, the liabilities come
simultaneously (when the Siman is cut).
(e) Question: But Rav Huna holds like Ula, who says that even
a small action makes the animal forbidden (i.e. once a
*fragment* of the Siman is cut)!
(f) Answer #2: Rather, the case is, he said that he does not
intend to serve idolatry until he completes the
(g) Question: If so, why does the Beraisa discuss a Chatas -
the same applies to any Korban!
(h) Answer #3 (Mar Zutra): The Beraisa discusses Chatas ha'Of
in which exactly half of the Kaneh was already cut. The
moment he adds to this cut, the slaughter is completed,
the liabilities come simultaneously.
(i) (Rav Papa): Had Rav Huna not said that the animal is
forbidden once one Siman is cut, we could not have
challenged him from the Beraisa.
1. He could say like Ula, that a (*major*) action (i.e.
complete slaughter) to another's animal forbids it.
(Since the animal is not forbidden until the
slaughter is completed, he is (also) liable for
(j) (Rav Papa): Had Rav Huna not said that one can forbid
another's animal through an action, we could not have
challenged him from the Beraisa.
1. He could say that a person cannot forbid a Chatas,
for it is not considered *his* animal (the meat goes
to the Kohanim). (Since his slaughter for idolatry
does not forbid the animal, he is liable for
(k) Question: This is obvious - what is Rav Papa's Chidush?
(l) Answer: One might have thought, since a person gets
atonement from a Chatas, it is considered his animal - he
teaches that this is not so.
(m) (Rav Nachman, Rav Amram, R. Yitzchak): A person cannot
forbid another person's property (Rashi - even through a
(n) Question (Beraisa): If one slaughtered a Chatas outside
the Mikdash, for idolatry, on Shabbos, he brings three
1. We established that the case to be Chatas ha'Of in
which exactly half of the Kaneh was already cut.
(o) Answer: Since a person gets atonement from a Chatas, it
is considered his, he can forbid it.
2. Inference: He is only liable for all three in this
case, because the liabilities come simultaneously -
if the Korban was an animal, he would not be liable
for Shechutei Chutz (because the animal becomes
forbidden in mid-slaughter, even though he does not
really own his Korban)!
3. If a person cannot forbid property that is not his,
we could even establish the Beraisa to discuss
Chatas Behemah, since he cannot forbid it!