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0:04 Yeah. All right, so we'll say good morning good morning. Let us begin begin by thanking all of our sponsors for this morning share to thank our atomic Torah sponsors for the month of this Mayor Abraham and Vegas and Pearl Shera Israel and Chaya call call Israel Esther and Brown 0:52 for dedicating this month Joseph Ben Schmoel learning sponsors Nathan and Matt Adler in memory of Beth's sister Abigail bus anonymous donation for a full shlema for Eleazar Ben Elisheva are they of learning sponsors? Ooh. 1:13 Bigalasko and Our Hand families and Nishmas their beloved aunt Betty Bayla Devorah Bas Rav Sender whose 13th yard site is today her emunah and bitachon were second only to her love of family. So beautiful. Our daf yomi sponsors for today and Sarah Steinberg in the school of continued health for Chana Bas Susha for an ultimate refuah shlema. We 1:36 will say of course we dedicate our learning our learning all of the Nishmas Shimon and Aliyah the families all those who need a refuah shlema call call Israel look after our brothers and sisters in Eretz Israel and shall our holy soldiers be successful the whole masay yedeihem. Plus with that let us be with a lot to do today an incredible daf ahead of us today. Today's daf is Yud Daled. We are up on yud gimmel amud beis. We left off 2:00 at the two dots. U'metamei b'masso. So, 13b. 13b. 2 4 6 8 10 12 14 16 18, about 20 lines up from the bottom. U'metamei b'masso. So, remember we're going to say the Mishnah spoke about the idea that if a Gentile, right, if an akum goes ahead and shechts an animal, so ultimately again the animal is an aveilah and it is 2:24 metamei b'masso. Says the Gemara, "So, pshita. Given that it's an aveilah, he metamei b'masso." Well, that's the way it works. The Gemara says, "That's not a chiddush." Once you tell me that it's an aveilah, by definition an aveilah is metamei b'masso. That's what an aveilah does. So, why the need ultimately again to be uh to be redundant? So, the Gemara says, So, the Gemara says, "Okay, I'm going to tell you this what it means to say. Zoom metamei b'masso v'ish l'charsho metamei 2:47 afilu b'ohel." The unique statement over here is this is metamei b'masso. Right? So, this animal that is shechted by a this is metamei b'masso. But, amazingly enough, there is another type of animal that is [clears throat] metamei b'ohel. That could that transmits tumas ohel. Now, again, generally, when everything about tumas ohel we think about, we think about a meis. Right? A meis is 3:11 metamei tumas ohel. What does this mean? So, the Gemara says, "We were when stamma goes ahead and shechts an animal, the animal is an aveilah. That an aveilah transmits tumas masso. Tumas masso is the tumah that is transmitted through carrying something." So, there's another time that a could go ahead and shecht something and the shechitah could result actual could generate tumas ohel. What's that case? V'eizu zeh 3:34 teikufah she'avodah zarah. So, this is actually very dramatic. That is if an akum goes ahead and shechts or from maybe based on yesterday's daf, like a min, right? So, someone goes ahead and akum goes ahead and shechts an animal for the purpose of avodah zarah. So, that animal transmits tumas ohel. So, what's the pshat? Okay, that we would have said We'll discuss what that statement is 3:58 just a moment. You get the army. Others explain alternate version of this. This is what he means to say. This animal in the Mishnah, i.e. an animal shechted by a gentile goes ahead and he comes in a veil. And as an availa transmits to mass massa And there's another type of animal ultimately again Okay, so what does it say? So all roads lead back to this statement of Rabbi 4:31 Yehuda ben Mesira. What did Rabbi Yehuda ben Mesira say? So what does it say? So from where do I know when you shecht an avoda zara Sorry, when you shecht an animal for the sake of avoda zara So obviously again Number one for our purposes, of course, that shechita is not good. But not only is the shechita not good but that animal transmits to mass oil, which means again on both 4:59 sides Let's say the Let's say the akum shechts an animal indoors and you are underneath the same roof as that animal that halacha l'maaseh you become tamei. That's what's called tumas oil. How do I know that? So the Gemara says Cuz the verse says the possuk says they sacrificed the baal peor and they ate zivchei meisim corpses of the dead. So what do you see from here? That the navi 5:28 The navi compares The navi compares offerings to avoda zara to corpses. Just like a corpse goes ahead and transmits to mass oil so too does an offering for avoda zara. Just like a meis goes ahead and transmits to mass oil af takroves avodas kochavim mitamei ba'oil. Ultimately again, so too the so too the offering of 5:51 Avodah Zarah transmits tumas oil. So, the rabbis say, interestingly enough, so there's machlokes again whether or not you follow Rabbi Yehudah, but just to point out that conceptually there's two different ramifications of gentile of gentile slaughter. If if a stam akum goes ahead and slaughters [snorts] an animal, first of all, based on yesterday's daf, we established that halacha l'maaseh, the stam shchita of an akum is not for Avodah Zarah. The stam, 6:15 right? Because after all, it turns out it turns out that the ovdei Avodah Zarah are not that firm after all, right? It turns out, right? They're not making any siyumim on any of the masechtas or anything like that, right? Therefore, they're not that committed. So, because they're not that committed, stam shchita of an akum is not good, has the status of neveilah, conveys tumas masa. 6:36 However, if an akum shechts for the purpose of his Avodah Zarah, that is a much more severe state, that that that slaughter that animal that carcass has the status of a corpse and ultimately will convey tumas oil. Incredible Mishna. Presents some really interesting cases over here. Hashocheit balailah, if somebody shechts at night, bottom of 13b, somebody shechts at night, b'chein asuma sheshachat, or a blind person 7:00 shechts. Very interesting. What's the halacha? Shchitaso ksheirah. It works. Wow. It actually works, right? Halacha l'maaseh, such a shchita ultimately will be valid. So, the Gemara says, interestingly enough, hashocheit d'eved in l'chatchilah l'lo. Now, you know what the Gemara said? Lashon of hashocheit means someone who shechted, which is a lashon ex post facto, a lashon of d'eved. 7:24 So, that means hashocheit d'eved in l'chatchilah l'lo. So, what's the what's that sound like? It's two things. Number one, ideally you shouldn't shecht at night, right? And number two, ideally asuma, a blind person, shouldn't shecht. To which the Gemara says, so R' Menachem raises a kasha, the olden shochtin b'mei amei amei l'ailah, bein b'rosh gag bein b'rosh sinah. Yet again the brightest says that you could always check your by day you could check 7:48 by night you could check on the top of the roof or on the top of the boat and you know what say what's the top of the roof top of the boat thing if you take a quick look at Rashi Rashi says Rashi is right across being brought the alpha got the sound by showing you going to see this on that and all the below the narrows. You should not check directly 8:12 into a body of water. The concern that the had is it looks like you're worshipping of all the apparently one of like the big ones was the the god of the sea. So if you check right into the water ultimately it has the appearance of the similarly again the who showed another thing you're not supposed to do interestingly enough is you're not 8:38 supposed to check. Into a utensil which means again checking into a utensil to receive the blood that is actually very interesting right because in our mind in our as well in mind that I want to come after that and obviously that means you're receiving the blood in the clay which is exactly why you're not supposed to do that when you check stamina animal because if you receive the blood in a 9:03 utensil it looks like that what that you're receiving it for now the discusses that there are exceptions. To this rule a good example of this rule is let's say you're checking on your roof rooftop it's it's a it's a thing right so you go ahead and you like you're doing rooftop now there checking into a utensil makes a lot of sense why why if you ever done rooftop right the big problem with that is blood 9:27 everywhere I don't want blood all over my roof so there where there is a clear purpose why I'm utilizing a utensil that's not problematic Okay, this is actually not the This is not what's important to us in this moment. What's important to us in this moment is the first statement of that price, and namely the olam shochtin bein bayom bein balaila, which makes it sound like nighttime schita nighttime schita is 9:51 permitted even l'chatchila. So, how does that How does that How do you reconcile that? The Mishna says The Mishna says "Ha'shochait Ha'shochait balaila." If someone schacht, which sounds like b'di'eved. B'di'eved, if you at night, it's okay. Yet, the braisa indicates to us that l'chatchila you should schacht at night. How do you reconcile it? Amra Papa, "Kishavu kinagdo." It's not a problem. You could schacht at night as long as what? 10:16 Literally translated, there is a torch opposite you, which is another way of saying you're schachting in a well-illuminated area. As long as the place that you are schachting is well-illuminated, you could schacht at night even l'chatchila. Obviously, if it's not well-illuminated, is the schita kosher? Is the schita kosher? So, b'di'eved Yeah, I don't know. Well, well, obviously you'll check whatever you need to check afterwards. B'di'eved, it could be kosher, but l'chatchila we 10:40 would not want you schachting at night in a place that's not well-illuminated. So, the Gemara says Rashi d'iknami d'iknani, look at the Mishna. Hasam dumya d'iyom, bahacha dumya d'isuma. So, we'll say if you notice, by the way, look at the difference in the lashon. 10:55 Our Mishna compares schita at night to a blind person. Right? So, obviously, just as a blind person, there's no illumination, so so too again, the schita at night that the Gemara that the Mishna is discussing is where there is not proper illumination. Where there is not proper illumination, l'chatchila you really shouldn't, but b'di'eved it could be kosher. The braisa, however, is talking about a case where al locha l'maisa, we are comparing the nighttime 11:19 We're comparing the nighttime to the day. How When do you compare night to the day? Just like day has proper illumination, so too a nighttime scenario that has proper illumination. So, again, we'll say it's al locha l'maisa, the Mishna says that as long as you have proper night time illumination, then locha you can go ahead and shecht even at night." And I will say, I'll just point out that this is how the Shulchan Aruch paskens. The Shulchan Aruch said, listen 11:43 to this. This isn't Siman Yud Aleph, Halacha Aleph. "Leolam shochtin bein bayom ubein balailah." You could shecht by day and by night. The Magen Avraham when is that? "So, kishavuka kenegdo." When you have a well-illuminated area. 11:57 "Aval ein avuka kenegdo o beyom makom ofel." Or let's say again, it's not well-illuminated or on a very dark day. "Lo yishchot." You shouldn't shecht. "V'im shachat she'era." And ultimately again, if you shecht, if you shecht, your shechitah will be kasher. And Shach that I'm as in over here, he says, "Oveis neiros chashuvin kavuka." Two candles, two candles are the equivalent of a torch. There was There was Where 12:21 else do we see that two candles are the equivalent of a torch? Havdalah. Okay, so we'll say that is Halacha L'Maaseh. Incredible. Top of Yud Daled. Such great Gemara. Top of Yud Daled. "Hashochet b'Shabbos u'v'Yom HaKippurim." You You think I make this up? You think I made it? You think I make this up? You think I make this up? I don't make it up. I will say, I do not. I I am just I 12:43 am just the messenger. I I again, look at this. I will say, how is it that day after day, day after day, Hakadosh Baruch Hu says it's almost Yomim Noraim, it's almost Elul. "Hashochet b'Shabbos." And it's almost Shabbos. It's almost Shabbos also. We all "Hashochet b'Shabbos u'v'Yom HaKippurim." So, if one goes ahead and shechts on Shabbos or on Yom Kippur. Now again, I will say, if you look at Rashi, this is an interesting case. So again, remember, 13:07 this is a Jew shechting. Shechitah, obviously, shechitah is one of the Lamed Tes Melachos. Shechitah is one of the 39 prohibited categories of Melacha. You're not allowed to shecht on Shabbos. You're not allowed to shecht on Yom Kippur. So, interestingly enough, Shabbos there's a chiyuv misah. Right? A person is put to death if it's intentional violation. Yom Kippur there's a chiyuv kareis. So, this is a very interesting case. A person did 13:29 a shchita, a halachically valid shchita, but did so at a time that shchita is prohibited. So, the shaila is what's the status of the shchita? Hashoke b'Shabbos u'Yom Kippurim, af al pi she mishchayev b'nafsho. Even though again I will say a person who who goes ahead and willingly shechts, and let's say again with all of the accompanying details. This has from our makos days, right? There is There is 13:54 There is and there is a difference between makos and menachos. Just for the record over here, right? Right? And again, so with all with all the details and don't go braves, right? And again, and so I say and so with all with all with all of the accompanying details over here. Seriously. This is why there's This is why there's one person in this year with a microphone, right? So, again So So, you always say So, again with all 14:16 the accompanying details, which means that halacha l'maaseh again, you have hasra, you get warning. Ultimately again, there's aidus. So, again assuming all of these things, if you go ahead and you shecht on Shabbos and Yom Kippur, you are chayav misah. Me I'm just using misah and kares interchangeably now cuz that's not that's not the important part of it. You're chayav misah. So, I will say So, interestingly enough the mishna 14:39 says even though you're chayav misah, your shchita is kasher. The shchita is good, which means someone could eat that meat, which is an absolutely fascinating idea that even though what you did is going to make you liable to a death penalty, the shchita ultimately again is a valid shchita, which I will say in and of itself presents such a profound mussar haskel, which is that even if 15:03 someone is profoundly broken, they can still produce positive results for themselves and for others. Sometimes we think we go through this all the time, right? How is it that if I know that I'm broken in so many different and profound ways, maybe I'm not capable of doing anything good. And maybe all of my good is tarnished, and maybe all of my good is compromised, and maybe all of my good is 15:27 not good because look at who I am. It's natural. We're all compromised. We're all broken. We all have tremendous fault. That's the nature of the human condition. But just because I'm compromised and broken in so many ways does not mean that I can't create certain beautiful and meaningful realities for myself and for others. 15:46 Just because you're broken doesn't mean you can't do good. And just because I'm broken doesn't mean that I can't create beautiful things for myself and for those around me. I can just on a basic level. This guy did something really bad. He did something really bad, which is he shacked around Shabbos and he shacked around Yom Kippur. That's really bad. Yet what does the Mishna say? 16:05 Shrita Kashira. At the end of the day, he produced a properly slaughtered animal, which now ultimately again is going to be of benefit to someone somewhere in some way. Just because I'm broken doesn't mean I can't do good. Incredible. Says the Gemara, Amrafuna. 16:22 So what says this is really fascinating Gemara. It's going to open the door to like a whole bunch of topics now. So Amrafuna Darsh here by Bar Bar Rav Mish B'edra. So we'll say watch this. So Amrafuna Amrafuna Amrafuna said there are Bar Rav Darsh in the name of his father name of Rav. I will say says Asura B'achila L'yoma. Now again, even though the Mishna said that when you go ahead and 16:45 you shacked this animal illegally, the right but the but the shrita is kosher, but you are not allowed to consume it on that day. On that day. Now we'll say this is not unique to Shabbos or this is not unique to shrita. This is a din in Hilchos Shabbos. If a person is Mechalel Shabbos, a person violates Shabbos and produces some type of reality, the 17:10 Halacha is you cannot get benefit from that chillul, from that act of Shabbos desecration on Shabbos itself. Right? You can get the Now, again, we're not going to wait into all the intricacies of Hilchos Shabbos in this moment. Depending on the situation, you can get benefit just after Shabbos. I'll give you like a classic example of this. My my my not-yet-observant Jewish friend wants to do something so beautiful for 17:34 me. So, he doesn't realize Hilchos Shabbos. So, what does he do? He decides to make me breakfast on Shabbos. He makes me an omelet on Shabbos. Or he decides to barbecue a steak for me for Shabbos lunch. Again, thinking is shogeg. Thinking is just doing something beautiful, which is beautiful. He thinks he's doing something nice. I can't get benefits from that on Shabbos itself, because I can't get benefit from the act of Shabbos desecration of another Jew on 17:58 Shabbos. However, I can get benefits from it after Shabbos. Now, again, it's more involved because also it's not just after Shabbos. You have to wait what's called b'd'ei sheyasu, the amount of time after Shabbos that it would have taken for the person to perform this melacha after Shabbos. Like I said, the the details of this are more intricate. 18:19 There's also differences between shogeg and mezid, intentional unintentional. But the point that the Gemara is making over here, that Rav Chiya, excuse me, that Chiya is saying in the name of his father, Rav, is that even though the Mishna says shchitaso ksheira, but you can't eat it on Shabbos. Can't eat it on Shabbos. Obviously, can't eat it on Yom Kippur. The Gemara says, Asur l'achlei l'yomei. Finhas ben 18:42 Chaveria Chaveria l'mei mar Rabbi Yehuda hi. And the the chevre in the beis medrash said that, by the way, this reflects the position of Rabbi Yehuda. Now, look at Rashi just a moment. Finhas ben Chaveria b'nei yeshiva al al da'itam lomar, d'maslin d'veishara d'asura b'chulin l'yoma, mishum d'kasvar maslin d'Rabbi Yehuda hi. The da'ik time with the common denominator. So, who who who And again, they said so two statements 19:05 are being made over here. Even though the Mishna said that when you illegally slaughter on Shabbos or Yom Kippur, the shchita is kosher, but comes along the name of his father after he says by the way but you can't eat it on Shabbos. You have to eat it after Shabbos. And whose opinion does that reflect? In the Yeshiva they said, "Oh, that's the opinion of Rabbi Yehuda." Okay, the Gemara says, "Hey Rabbi Yehuda, which Rabbi Yehuda? What are you What are you talking about? What Which 19:29 position of Rabbi Yehuda does this align with?" So they'll say, "Watch this. Am Reb Abba, Rabbi Yehuda da chonei. It's Rabbi Yehuda of the sugia of hachana." Then they'll say, "Remember again, we saw this sugia back in maseches beitzah, like the famous sugia of hachana. So watch this. This night, here we go. 19:48 aklovim. Sanyam tiv, you could go ahead and cut up the loan of the beheima. V'sanavlinu aklovim. Sanyam tiv, you could go ahead and cut up the loan of the beheima. to an animal or an animal carcass to give to the dogs. Okay. So the Gemara says, now again we'll say these are talking about over here. The case of the Mishnah is the loan, they were detached already before Shabbos. So they were detached from the ground or before Yom Tov I should say or on 20:11 Shabbos. Right? Shabbos. And in a veila that we're talking about again, died on Shabbos. On I you have an animal in in you right in you have an animal in your flock that died on Shabbos. It's an aveila. Obviously, I can't eat it, but I can cut it up and give and give it to my dogs on Shabbos. Rabbi Yehuda Rabbi Yehuda says, we'll say, "Watch. Here it is. This is Rabbi Yehuda. Rabbi Yehuda omer, im lo heichsan aveila me'erev Shabbos, asura." Rabbi Yehuda says, "No. 20:35 If that animal was not dead before Shabbos, then if it dies on Shabbos, you may not cut it up and give it to your dogs. Why not? Why not? Lefi she'eina muchan, because it was not prepared." Meaning, look at Rashi, she'eina muchan, esmol k'she kiddeish hayom lo heichsan umed l'ma'achal klovim. Rabbi Yehuda was like this, "In order for something to be 20:58 used on Shabbos, it has to be actively prepared for use before Shabbos." Now, Rabbi Yehuda doesn't say necessarily that you have to actively designate, but it has to be in the proper state of usage on Arab Shabbos in order to be used on Shabbos. If it wasn't in a state of preparedness on Arab for use on Arab Shabbos, and its state its its state 21:22 changes on Shabbos to a level of preparedness, you cannot use it on Shabbos. It has to be mukhan. Again, I'll say why. If it's not mukhan, if it's not prepared, then what is it? It's muktza, cuz remember again I'll say what what is what is muktza mean? Muktza and mukhan are opposite terms. Mukhan means prepared for use. Muktza literally means set aside for non-use. So, 21:47 according to Rebi Yehuda, in order to use something on Shabbos, it must be in a state of preparedness for use on Arab Shabbos. Therefore, again, let's go back. If I have an animal that is alive and well on Arab Shabbos, it dies on Shabbos, I cannot cut that up and feed to my animals because it is muktza. It was not prepared for food use before Shabbos. Similarly, the Amora, what do 22:09 you see from here? K'van d'lo itkhin may as small as you are. According to Rebi Yehuda, since it was not prepared, right? And again, I'll say use lashon of prepared, but not really readied for use on Arab Shabbos, therefore you can't use it on Shabbos itself. Halakha l'ma'aseh, tzo'tzu d'Rabbenu Asher. K'van d'lo itkhin may as small as you are. So, to again I'll say in our Mishna in our Mishna, right? What was this What was this animal on Arab Shabbos? In our Mishna, what was the animal on Arab 22:33 Shabbos? It was a living animal. Because it was a living animal, ultimately again, it was not prepared for consumption. Because it was not prepared for consumption, therefore halakha l'ma'aseh, it is muktza. And therefore, even when you shecht it on Shabbos, the shechita may be good. Shechita may be valid, but halakha l'ma'aseh, you can't eat it. I'm going to have a bias one second, one second. Meet dummy, how can you I don't understand how you are How are you comparing the two cases? 22:57 Hasam may kora mukhan adam, v'hashta mukhan l'klavim. So again, how are you going ahead and preparing the two cases? How How are you going ahead and How are you comparing the two cases? Hakha meikara mukhan adam, the hashda mukha Sorry. 23:15 Uh meidami hasa meikara mukhan adam. So, again, the same way that case in originally is prepared for the use of man. The hashda mukhan liklavin, whereas here ultimately again it's prepared for the use of animals. Hakha meikara mukhan adam, the hashda mukhan adam. So, the Gemara says, "Over here, right over here, it was meikara from the beginning, prepared for use by man, and now it's also you readily usable by man." To which the Gemara says, "No, no, no. 23:38 Misavris beheima bekhayala hilu medas. Beheima bekhayala legadel omedas." So, the Gemara says, "No, no, no. Here's the difference." As the Gemara wanted us to justify Let me go back for just a second. The Gemara says, "The cases aren't comparable." In the case In the case that Rav Yehuda brought, the case that the Gemara just brought now, halakha lemaiseh on erev Shabbos, what was the status of the animal? It was prepared for human use. Then what happens? On Shabbos it died. It's a 24:01 neveila. As a neveila, the only thing it's ready it's usable for is what? Is what? Is animals. So, that's why there's such a dramatic change in state, so of course again it's called muktzeh. In our Mishna, both say, "This animal on erev Shabbos was ready for which use? Ready for which use?" Human consumption. Now you shachted it on Shabbos, what is it usable for? Human consumption. So, at the end of the day, how are you comparing the cases? In the case of our 24:25 Mishna, there's no real change of status. The animal was fit for human consumption erev Shabbos, and now it's fit for human consumption once you shachted it. In the case of the braisa that the Gemara brought down, the animal was fit for human consumption erev Shabbos, then it died on Shabbos, and now it's only fit for animal consumption. That represents a fundamental change of status. It's not mukhan. To which the Gemara says, "No, 24:49 no, no, no, no. Misavris beheima bekhayala hilu medas." Now again, we'll say, "Are you supposing that an animal ultimately again in its natural state is considered to be ready for consumption? No. Beheima b'chaya l'gabei adam, so let's remember again we had this a few days ago. A living animal A living animal is really not set aside for consumption. What is a living animal set aside for? For a variety of different 25:13 uses. For breeding, for working, right, plowing. And that's why a living animal generally is much more valuable than a slaughtered animal because a slaughtered animal only has one use, which is consumption. Whereas a living animal has multiple uses. Therefore, the Gemara says like this in our Mishna, that animal on Erev Shabbos was not set aside for human consumption. That animal was set aside for all variety of different things. When you slaughter it, 25:37 ultimately again there is a change in status, and that change in status ultimately again precludes it from use. So again, what the Gemara says therefore the Gemara wants to suggest is, according to Rebbe Yehuda, according to Remember again, let's take a step back. What did our Mishna say? Our Mishna said that al lochum l'asei v'shachtan What's the status of the shchita? What's the status of the shchita? Shchita's good. But then the Gemara quotes in the name of Rav, but you can't eat the meat that day. On whose opinion is that? 26:01 That's Rebbe Yehuda. Cuz uh Rebbe Yehuda. What does Rebbe Yehuda hold? Rebbe Yehuda holds that in order to use something on Shabbos, what has to happen? It has to be set aside for use on Erev Shabbos, which essentially means status-wise, it has to be in the status of usability on Erev Shabbos in order to use it on Shabbos. But if it was, quote unquote, unusable Erev Shabbos, then 26:23 became usable on Shabbos, it's muktzeh and can't be used. And therefore again, the Gemara is suggesting stam, a living animal is not considered to be food. It's not considered to be food. It's considered to be a living animal that has a a variety of different uses. When it dies on Shabbos, it becomes now an aveila. Or when it's slaughtered on Shabbos, it becomes food. That's a change in status that occurs on Shabbos. 26:47 And therefore Rebbe Yehuda holds that that animal is muktzeh. Therefore again, you can't eat it on Shabbos. You have to wait till Motzei Shabbos. Y'all hear Beheima Rebbe So, I was like, here's the problem. If that's his answer, how do you shacht on Yom Tov? How do you shacht on Yom Tov? Remember again, we'll say shchita is permitted on Yom Tov cuz Yom Tov you could do melacha for the sake of but according to still something has to be much more and 27:11 has to be set aside for use on erev Yom Tov also. If that's the case, how do you ever do shchita on Yom Tov itself? Omer lo Omer lo Omer deslaquila I'm sorry. Omer deslaquila Omer deslagada. So, what's very interesting? 27:27 Every animal again we'll say is really has two potential purposes. One is for food and one ultimately again is for breeding. Dishchita. So, watch this. When you shacht an animal on Yom Tov, over it turns out that retroactively utilizing brera, retroactively we say that this was set aside for consumption already on erev Yom Tov. Lo nishchita, 27:53 if it's not shachted, over it will be gado omedes. Ultimately again, and if it's not shachted, then we use then then brera, right? Remember I said it's actually a little bit of time since we spoke about the concept of brera. Ultimately says that it is not set aside for consumption. So, what it says here is this. Every animal has this duality. It's either again for breeding or for shchita. Or for shchita, when you shacht on Yom Tov, it is retroactively 28:17 clarified that this animal was set aside for shchita on erev Yom Tov already. Which I will say is such a tremendous idea, right? So, an animal has this duality. What's the duality? Breeding or shchita. So, we'll say if an animal has this duality, then imagine again the duality that we have. Not so dissimilar. 28:39 We too have the choice between breeding and shchita. What what exactly does that mean? You know, so you say so so the ma'aseh the ma'aseh, what's the killer between breeding and shrita? It's either again destruction or construction. This really is destruction or construction. 28:55 And that's the choice you pretty much have every single moment in life, right? Am I going to be destructive or am I going to be constructive? Am I building or am I destroying? Am I moving forward or am I moving backwards? The difference just between us and animals is animals don't make that active decision for themselves. Someone else makes that decision for either slaughter or 29:19 breeding. But ultimately again, we make the we make the decision for ourselves. Slaughter or breeding, construction or deconstruction. That's the greatest decision that we make and it's a decision we must actively make every moment of every day. Incredible. So, the mayor says, "One second." The mayor says, "So, now what you're telling me is that Rabbi Judah subscribes to the concept of brera." But here's the problem. Here's the problem. The 29:42 lesson that Rabbi Judah brera, Rabbi Judah rejects the notion of brera. I was I told you it's going to be exciting. There's a whole bunch of stuff flying our way. Rabbi Judah rejects the notion of brera. Where do we know that? Me now then. E lema me de sanya. So, I will say, "If it's perhaps from the following idea." Halacha yaiyin mi bena kusim. If one goes ahead and purchases wine from kusim. So, again I will say, "Remember, 30:05 we've spoken a lot about the kusim. The issue over here is that a kusi, a kusi, if you look at Rashi, he says there Halacha mi bena kusim nashmurina on the kusim kashudin al tuma. Ve inun kamya shaloach mekein tzerich lafrish tuma gedola. Okay, so I will say, "So, interestingly enough, interestingly enough, that that kusim in certain respects are like are like amei aretz are not like amei 30:29 aretz. But al salacha it turned out that kusim would would go ahead and separate out truma but not separate out any of the other tithes. So, when you go ahead and you purchase wine from kusim, you still have to tithe certain tithes but not others. That that specific detail is not so material for our purposes right now, but watch this case. Listen to this. Goes in and he says, "I don't care if I'm in a Kusim. Person goes ahead and 30:52 and and buys wine from Kusim." Now, in this case over here, I have to separate out some additional tithes. You have to assume that the Kusim did not do it. Now, watch this. Now, this is wine. Let's say for argument's sake, I don't have I don't have a a utensil to separate out the rest of the tithes from it, but I want to drink the wine. So, what do you do? Omer shnei luggin shani osur l'hafish haray hen trumah. So, the 31:17 two luggin that I will separate at a future date, they're going to be trumah. Asarah maaser rishon, 10 of them should be maaser rishon. Tisha maaser shaini, nine of it maaser shaini. Umekhal, you make it into chullin. V'shos Rav Dimi Amar. So, what does Rav Dimi Amar say? That since you don't Now, this is not an ideal way to separate out tithes, right? 31:35 Ideally, we always want you to separate out tithes before consumption. But, let's say it's wine. And again, I'm going to say, this is why this is why you have to do this case with wine, because with other produce, you can just separate with your hands. With wine, you need a utensil. So, let's say again, I don't have a utensil. So, I say, "Listen, I'm going to drink now, but in the future, I'm going to separate X amount for this tithe, X amount for that tithe, X amount for that tithe. I'm designating everything, and ultimately 31:58 again, I can drink." Now again, I'm going to say, "Why Why does that work? Why does that work?" Because al loch maiseh, it turns out that later on later on, when I separate out the amounts for trumah and for trumas maaser and for maaser shaini and for everything else, retroactively, it's clarified that what I separate now is what I retroactively designated before I drank. Kansa 32:20 d'breira. Kansa d'breira, Rabi Yehudah, Rabi Yosi, Rabi Shimon osrin. Rabi Yehudah says Now again, I'm going to say, we're supposed to say Rabi Yehudah. Rabi Yehudah says, "No, can't do that. Can't do that. You can't do that." And I'm going to say, "Now, b'pashtos, why do we say you can't do that? Why do we say we can't do it?" Because he rejects breira. He rejects breira. Now again, I'm going to say, just to follow the flow of thought. If that's the case, then again, how do we say before how does Rabbi Yehuda allow for shchita of 32:45 an animal on Yom Tov when we say that stam a living animal is set aside for breeding, not for consumption? We answered, "Ah, because Rabbi Yehuda says Brera. When you shacht on Yom Tov it's retroactively clarified that this animal was set aside for use for consumption on Erev Yom Tov." But Rabbi Yehuda rejects Brera. He rejects Brera. So how could he rely on that? So he says, "Hold up. Hold up. You tell me a base. Has some kitty tiny timer? No. There in the in the wine 33:09 case, Rabbi Yehuda has a different concern. What is his concern? Amru lo Rabbi Meir, "E atah modeh shema yi'vaka ha'nod v'nimtza shosheth d'varim afre'a." They said to Rabbi Yehuda, "Rabbi Yehuda, I don't we don't like your logic. Why don't we like your logic? Not because you reject Brera. 33:26 What are we concerned about? What are we concerned about? The barrel's going to break." This is a great idea. What's it? Like every single other great idea, it's a great idea as long as what? It actually works, right? Except if it doesn't work, then it's a really bad idea. So here what you're going ahead is you're separating, you're designating wine as future tithes. And again, you're drinking now with the assumption that 33:50 you're going to tithe at a future date. And that's great as long as the barrel remains intact. But if the barrel breaks and everything spills out, and you didn't have a chance to go ahead and separate out your tithes, it turns out that's what? That you were actually consuming tevel. 34:07 That you were consuming untithed produce, and that's a problem. So again, what we'll say, interestingly enough, what we thought was a rejection of Brera is not a rejection of Brera. It's Rabbi Yehuda voicing just a legitimate logistical concern that there's a lot of riding on this. And And nod, by the way, doesn't just have to mean barrel. Nod could also mean a wine skin. I don't know how I don't know what the puncture rate of wine skins, you know, were. But l'ma'aseh, Rabbi Yehuda is concerned 34:30 about this. What does Rabbi Meir say? What does incredible Rabbi Meir Rabbi Meir says, "The bucker." Rabbi Meir says, "You know what? Let's worry about that when we have to worry about that." So, what I would say What what what an overwhelming and profound like life my guess. 34:50 So often we go through life and we we are worried about the what ifs. Worried about the what ifs and kind of when especially when we want to embark upon a new life venture, we begin to calculate well well what about this and what about that and this could happen and that could happen and right there's the there's the risk benefit analysis and all of these different things. And all too often in life we go ahead and we 35:15 abstain from taking chances and we abstain from embarking upon new adventures and we abstain from taking on different things and we abstain from pushing ourselves because of well what if this and what if that and what if this and what if that. And again, like everything I want to say, if you analyze anything enough in life, you will always come to the same conclusion which is 35:39 don't do it. Don't do it. Analysis paralysis. Analyze anything enough in life and the logical conclusion with too much risk, too many possibilities, just don't do it. Just don't do it. And again, I will say obviously you can't live by the seat of your pants and you can't go ahead and not contemplate future ramifications. 35:58 But Rabbi who this statement is so profound. Don't overanalyze. Don't overthink. You can't go through life thinking about all the different possible things that could go wrong because then you'll just paralyze yourself into inactivity. So, what you have to do in life is make good and informed decisions that are much more focused on the possibilities for the for the present, focus a little bit on what could happen in the future, but 36:22 then again, whatever happens in the future, you'll roll with it. You got it. The issue about to get annoyed. Wait, wait, when the battle breaks, we'll deal with it then. You can't proactively deal with every single what if in life because if you try to do that, you'll paralyze yourself into an action. Make a good decisions that contemplate your current circumstances. Yes, of course, 36:44 be a little bit of a forward-thinking person, but then move. Then do. Then grow. Then it comes, "I, but what if this? What if that?" You know what? When the battle breaks, which inevitably it does over the course of life, you'll deal with it then. Incredible. 37:02 Incredible. So, we'll say, "Ella, wait the tiny ayo." So, therefore, we're going to say, "Turns out that Judah doesn't reject. He doesn't reject Brera." So, Ella made the tiny ayo. So, we'll say, "No, no, no, Judah does reject Brera. I'll show you how." The tiny ayo, listen to this. This is incredible. First of all, what a good name, ayo. 37:18 Okay, not a popular one, but okay. If you guys are going to say as follows, "Tiny ayo, Rabbi Judah Omer, Rabbi Judah Omer, in other master of shade farm effort." So, we'll say, "Back to Arav." I told you this stuff is like chock-full of incredible, incredible details. So, Aravin, Aravin. So, we'll say, "Okay, look at the mish, look at Rashi this moment." In other master Rashi says over here, "But Aravin, I mean on master Adam Ali Ruba Omani Shnei Ruben Echer Besof 37:39 Apaim Mizrach Eero. Echer Besof Apaim Mizrach Eero. Sorry, Echer Besof Apaim Maarav." So, we'll say, "Now, here's the case. The case over here is, remember again, we have a concept of Arav. Arav means this is Arav Tumin, not Arav Chatzeros. Arav Tumin means that again, without me Arav, I have 2,000 amos to travel from the edge of habitation, from the edge of my city. I can create an Arav, which again essentially means 38:03 depositing food somewhere within those 2,000 amos in order to extend my Arav another 2,000 amos. And then they're both going to say, "You only get one Arav on Shabbos." Which means you can't extend to the east, you can't extend in more than one direction. The case that we're dealing with over here is there is a visiting scholar, and I want to hear his drasha on Shabbos. What's the issue? 38:25 I don't know which direction he's going to be in. I don't know where he's coming from. So, because I don't know where he's coming from, therefore what I want to do is I kind of want to make an eruv in the east and an eruv in the west. Obviously, I'm only going to use one of them, but I don't know which one I'm going to use. Back to the Rashi for just a moment. Let me actually read the akavisa of al pi misrach akavisa of al pi maarav. So, omer in bachacha on the mizrach shachacha of 38:50 asan al makom acher v'lishpos chutz l'chom v'lijoish eruv shel mizrach you can only shvis on the mizrach. They are shabbos in makom eruvin. So, again what it says is what it says like this, I set up two eruvin, one to the east, one to the west. And I say, "Listen, I know I'm not using both. I don't know which one I want to use. Whichever one the talmid whichever direction the talmid chacham comes from, that's the one I want to use." Back to the misoge in the gemara. 39:12 So, omer ain so the tanai ayo Rebbi Yehuda Rebbi Yehuda says, "Ain adam masna shnei dvarim k'echad." A person can't make a tnai ultimately again on two things at once. Ela in bachacha on the the mizrach eruv al mizrach, l'maarav eruv al maarav. 39:30 V'ilu l'chan u'l'chan lo. So, again what it says interestingly enough So, alacha l'maisa Rebbi Yehuda says, "You can't go ahead and you can't go ahead and make two simultaneous eruvin." Right? You can't go ahead masna shnei dvarim k'echad. You can't make two simultaneous eruvin. Rather again what it says rather again alacha l'maisa alacha l'maisa if the chacham comes from 39:54 the east, the eruv is to the east. From the west, the eruv is to the west. V'ilu l'chan u'l'chan but in both directions it will not work. V'avinan ba, we asked, "Maishna l'chan u'l'chan d'lo?" Why can't you go ahead and say l'chan u'l'chan? Right? Why doesn't it work to do it in both directions? To which the gemara answers, "D'ein breira." Because there's no breira. So, again what it says I don't understand. This whole thing is a case of breira. Mizrach u'maarav nami ein breira. So you know 40:18 what I'm saying? This whole [clears throat] thing is based on breira, right? Because at the end of the day, Rabbi Yehuda is saying you can't make you can't make two eiruvin, right? Because two eiruvin would go ahead and be subject to breira. But this whole thing is breira. In other words, again I will say, what I'm doing is I'm setting up an eiruv in two directions. And what I'm saying is I don't know which one I'm going to use. On Shabbos it will be clear which one I need to use, and then there'll be retroactive clarification as 40:41 to which one went into effect on erev Shabbos. So either way, I'm utilizing breira. To which the Gemara says, "No, no, no. I'm going to be or kevar ba' chacham." No, actually the case of breira is not a case of breira. The case of breira I will say is where the tam chacham already came to town on Friday before Shabbos. 41:00 I don't know I don't know which direction he's in, and I'm only going to find out Shabbos morning, right? Or sometime on Shabbos, which direction he's in. That's not called breira. Why I will say? Because the information is already readily available at the onset of Shabbos, which means the eiruv is already affected. I don't know which one yet. But remember again, breira means the concept of breira means that al halacha l'ma'aseh, the information I 41:24 need only becomes available on Shabbos and then triggers a retroactive effect. In this case over here, there's no breira. There's no breira. The chacham already came to town on erev Shabbos. I am lacking information. So I don't know which direction I'm going to go in. That's not But again, but it's already been clarified to me already at the onset of Shabbos. I set up two eiruvin. 41:44 One to the east, one to the west. Chacham already came, which means my eiruv was already triggered at the onset of Shabbos. There's no breira. So if I will say what So again, remember just what we're trying to prove over here. The Gemara made a statement that Rabbi Yehuda rejects the concept of breira. We're just trying to see where he said Rabbi Yehuda rejects the concept of breira. So he brought down two cases. It turns out that neither case is really a case of breira. So I will say I'm going to say Rabbi Yehuda the Kalami. So if I 42:07 will say Rabbi Yosei pivots. Remember again I will say remember again. Let's go all the way back. What Right? Start at the beginning. What was the beginning? Mission has said that if you puts what she does good came along Rav and said, "But you cannot eat the that day on Shabbos." Then the said, "By the way, that statement reflects the view of Rabbi Yehuda." The trying to figure out which Rabbi Yehuda are you referring to? 42:32 So first we thought it was first Rabbi Yehuda. Now the switching gears, "No, no, no, different Rabbi Yehuda or different position Rabbi Yehuda." And Rabbi Yosef, Rabbi Yehuda the Kaylim. Our mission reflects the view of Rabbi Yehuda ultimately again by Kaylim. What's that? This none. And both said, "This is great." This none. Call it Kaylim honey tall on the Shabbos. Listen to this, any Kayli and that's not Muktza, right? Any Kayli that you're allowed to go ahead and carry on 42:55 Shabbos, she bring in any tall on watch it such a fascinating case. What happens to once you have a utensil? The utensil breaks on Shabbos. Now you have shards. What's the status of those by the way? We we did all this like in this house of it, right? And many years ago, right? 43:11 What's the status of those shards after I on Shabbos? What's that she bring in any tall on you could carry the shards. Listen to this. All be about she awesome in as long as what? As long as I saw as long as I saw the shards could be used for some type of practical use. Right? The shards have to be usable. For example, she bring in 43:35 for example, let's say you had a mixing bowl and you dropped the mixing bowl. So as long as the shard ultimately again could be used to cover a barrel, right? She bring in or you have you had a glass utensil that broke, you could use the glass utensil of shard to cover the mouth of a jug. You get it? So therefore again kind of common holds as long as the shards are usable in some type of practical way. I look at my side they're not Muktza. 43:59 Comes along Rabbi Yehuda here it is. Rabbi Yehuda all be about she awesome in my life done. Rabbi Yehuda says no I saw halacha l'maaseh, it's not just enough that the shards are usable, but rather again, they have to be usable in accordance with their original designated use." In other words, it's not just enough to be usable, they have 44:22 to be usable in the same type of capacity that they were usable when the utensil itself was whole. For example, shivrei areiva, if you have a mixing bowl and the bowl broke, lo tzukla osan lo tzukla osan mikvah. So you could pour porridge into it, right? What what is a mixing bowl? A mixing bowl is you put stuff into it. So as long as the shard is large enough that you could pour 44:44 stuff into it, then it's fine. Shivrei Shivrei zugis, you had a glass utensil, the shard has to be large enough lo tzukla sochan shemen to pour oil into it me'ein melachaton in me'ein melacha acheres lo. So what Rabbi Yehuda says is like this, halacha l'maaseh, the only way that the shard ultimately again is not muktzeh is not simply if it's usable, it has to be usable in the same 45:08 way that the original whole utensil was usable. So the Gemara says, "What do you see from here?" Alma, so you see what I'm saying, now why is that? Cuz Rabbi Yehuda will say like this, if halacha l'maaseh if halacha l'maaseh the shard is not usable in the same way that the original kli was usable, then that shard was not muchan. That shard was not prepared for use before Shabbos or Yom Tov. If it's not prepared for use before Shabbos Yom Tov, then what? Then what? 45:33 Then it's muktzeh. Same way that Rabbi Yehuda will say if an animal is shechted on Shabbos, the shechita might be good, but it was not set aside for use on Erev Shabbos, and because of that, you can't consume it on Shabbos itself. Alma, what do you see from here? Keivan dilo itzlich es melacha melacha asuri asuri. 45:52 Since the shard, right? If the shard is not usable in accordance with its original designation, so since it was not set aside for this new use on Erev Shabbos, therefore what? Therefore, it's also Hachanamy K even though it couldn't be as small as Sukkah. So, to over here in our Mishnah, since the animal was alive and kicking on Arab Shabbos and not set aside for Shchita on Shabbos, 46:17 therefore again Halacha L'Maaseh, when you Shacht it on Shabbos, the Shchita may be good, but ultimately again the animal, the meat is not usable on Shabbos because it was not prepared. Okay, we'll say, so you know what? We'll All right, we'll stop over here for today. We're stopping a little bit little bit in the middle of this. We'll pick up with Abaye's retort to this and in our effort to figure out which Rabbi Yehudah is being reflected ultimately again in our Mishnah. We'll say, 46:39 Shkoyach. Have a blessed and have a great day, everyone. >> Why do we need to
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