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0:16 All right, let us say good morning. Good morning. Let us begin begin by thanking all of our sponsors for this morning's share today. Our eternal Torah sponsors for the month of Sivan, Av Avinu Malkenu Avinu Avinu Avinu Yisrael for dedicating all the children and adults this month in memory of Rafael Yisrael ben Avraham and all the other sponsors for today. I Alan and Sarah Steinberg and Mrs. continued health for ben 0:39 and for an ultimate refuah sheleimah. And we'll say let us begin today's daf mem 40. We are picking up in Yisan Sham on lamed tes amud bet. And we left off we left off Ella Ella Amar Rabbeinu ben Hacham So we'll say which is which is uh before the lines get wide, 1:02 two four five lines before the lines get wide. Let's do that. I'm not going to count from the bottom cuz it sounds like much longer. Let's start from there. So let's start from there again. We're dealing with an interesting case that came up in Caesarea where the case is as follows that a person goes ahead and he's slaughtering an animal to go and the slaughter is done with no intention. But at the time of the slaughter, he slaughters the 1:26 animal with the intention to go ahead and throw the blood, sprinkle the blood for Avodah Zarah. So the Gemara says ultimate That that was case number one, sorry. Case number two, yeah, slaughtered a yeah, case number two is Halakha le-Ma'aseh. That's that's the case we're dealing with. So the Gemara says we're dealing with a whole discussion about Avodah Zarah and also so the Gemara says they didn't they weren't mattered because uh they didn't answer it because 1:50 of the cover of the Rabbanan and they weren't mattered because the cover of Shimon ben Gamaliel. Which Shimon ben Gamaliel are we talking about over here? That's where comes we're kind of picking up in the middle of the discussion. So we can say I'm receiving on the other Sorry, you know, we should go over the we actually started this yesterday because of the cover up in the following case. It's actually really interesting case. This Anya how close it is to the end of the 2:13 so watch this. I I write I bequeath my property to someone else and in that property are a bottom. I want to bite now obviously we'll say if you're bequeathing property, what type of evidence are talking about and have it can only write the evidence we can't the evidence we is not property and therefore can't be can't be transferred. 2:32 So what's our let's say I'm transferring my property which includes Canaanite to Ruve. And Ruve says and Ruve says I'll take the property. Thank you for the gift, but I don't want the other one. All right. 2:53 If Ruve was a coin, then all Look here again, the other one eats truma. Like it will say which in which that statement means what? That statement sounds like it's saying that even though Ruve does not want the other one, the gift is effective and now the other one are his and therefore they can eat truma. 3:09 Remember truma is normally eaten by a coin. In addition to a coin who who else eats truma? The coin members of the household, the coin's family included in the coin's household are other one Canaanite. Okay, so the says He wants to say first of all he wants to say he actually So so what are we talking about over here? 3:30 Since Ruve said he doesn't want he doesn't want the other one, the says so obviously again if Ruve doesn't want it, then what happens? says he doesn't acquire it and therefore again literally it's it goes to my heirs. Goes to my heirs. The kind of so we'll say it's okay. So it makes a 3:53 lot of sense. The logic is that a local makes up. I'm be quick in a gift to ruin. Ruin says ruin says I'll take the property I don't want the abandon. Okay, the abandon don't become his. When it when rush off the abandon go to my ocean that means the abandon stay with my estate and after 120 they go to my kids. 4:10 It doesn't it doesn't transfer over to ruin. The problem is the position of Tanakama. Tanakama says I'm bequeathing property and abandon to ruin. Ruin says he does not want the abandon. The Tanakama says mazel tov now you have abandon. The abandon my ears and if you're a coin that you can eat of your truma. What's what? But ruin saying he doesn't want it. What's so what why would a person acquire something they don't want? The Amuraba I'm sorry 4:33 Amuraba to Rabiyokanan saying well watch this. The decree of Amuraba to Rabiyokanan will say third wide line. Everyone agrees in a case where ruin objects to this gift from the beginning. Right? Ruin says before it's transferred ruin says I don't want the abandon. Everyone agrees that he does not acquire the abandon. 4:52 The show's sake of the self Sabah. Now again if he's quiet which means he gets the abandon. He doesn't say anything and then afterwards he goes ahead and he says I don't want it. The decree of Amuraba to Rabiyokanan everyone agrees that he acquires it. So keep playing where is the Mahloki's case? Shazika law I in the after the show's sake or the self Sabah. So what's this very interesting? What's the case? What's the 5:15 Mahloki's case? The case is where I transferred over the property to ruin through a third party. So what I'm saying you could do a little bit of like Zakhon Lo Adam Shalo Befanav. Right? So I'm going ahead I'm transferring the property over to ruin through a third party. Now what happened over here? 5:31 Initially ruin was quiet didn't object and then afterwards he objects to the to the abandon. So the Amuraba says Tanakama Sabah Tanakama says me the show's sake Kananu. So Tanakama says it like this from the fact that ruin was initially silent what does that indicate to us? That indicates to us that Halacha L'Maaseh he acquired it. Right, he was quiet he was he was quiet from the beginning. The Halacha L'Maaseh 5:56 and now after after he acquired it then what? Then Halacha L'Maaseh now he's going back on it. He doesn't want it. But he acquired it first. Right, this silence his silence indicates that he acquired the gift and now he's pushing back. Listen to this. Shmuel says no. We're going to say everything we're focusing on this phrase. 6:17 Which means what? The Halacha L'Maaseh the end sheds light on the beginning. And therefore again, the fact that he later on objects indicates to us what? He never wanted it from the beginning. I so why didn't we say anything from the beginning? 6:37 And he figured like this, why should I say something now? Because remember it's being given to a third party. When it comes to me, I'll object to it. But everyone say coming full circle. Remember, this is this is the sheet of Shmuel that says that when I checked an animal when I checked an animal and I I don't express any intent by the Shrita. But later on I say I'm going to go ahead and 7:00 do this Shrita for Avodah Zarah. The end sheds light on the earlier ones. And Halacha L'Maaseh the end right the latter stages shed light on the earlier ones and Halacha L'Maaseh and Halacha L'Maaseh indicates us that even the Shrita was done for Avodah Zarah purposes. Okay. I'm Rabbi Nosson Shmuel. 7:17 Halacha K'Rabbi Yossi. Shmuel would have said name Shmuel that the Halacha follows Rabbi Yossi. Again, I will say remember again this is Rabbi Yossi back in our Mishnah. What was our Mishnah's case? Our Mishnah's case was I am Shmuel Shechting an animal for an Oved Kochavim. For an Oved Kochavim. Tanna Kamma says it's kosher. Right? And again the Gemara says as long as I didn't hear the Oved Oved expressing an intent for Avodah Zarah. Rebbe Elazar Rebbe Eliezer 7:41 the animal is ossur. It's possul. Why? Because stam machshavos avodas kochavim lav avoda zara, right? We assume that the akum had in mind for avoda zara. And then Rebbe Yossi comes along and says, "What are you talking about? The mindset of the akum is irrelevant. Is irrelevant. Whose mindset matters? The mindset that matters is the shochet's. 8:02 Where do we learn that out from? The Beis Hamikdash. The same in the Beis Hamikdash, the mindset of the owner is irrelevant. It's only the mindset of the kohen. Halacha l'maaseh again sochess by shchita. So now comes on Rebbe Yehuda and Rebbe Shimon says, "Oh, halacha l'maaseh Rebbe Yossi. And therefore halacha l'maaseh, if I'm shochting an animal for an akum, the mindset of the akum is absolutely wholly and totally irrelevant. Even if the man is saying, 8:26 you know, the sheim Yichud for avoda zara, right? This man is saying avoda zara. Who cares? Who cares? I'm going to do the shchita. And therefore again, the intention of the akum makes no difference. We'll come back to that in just a moment." He wants to tell us a story. I know So what does it say in this? There were these group of Arabs ultimately again who came were going to Tzikunya. Yoyiv dikuri l'tabcha Yisrael. They gave over 8:52 their sheep. They gave over their sheep to a Jewish shochet. Amru l'hu, "Dama v'chalba l'didan. Mashcha v'sola d'dacha." Listen to this. And these Arabs said, these Arabs said that halacha l'maaseh I said, "Listen, we we need this we need this animal slaughtered for our idolatry. We need the blood and the fat for the idolatry. 9:11 You Jews you can keep the meat. You can keep the meat." That that was a shutfus. That was a And this is quite fascinating. Why is it fascinating? Cuz here what are we talking about? This is the case of our Mishna. Actually, this is even more intense than the case of our Mishna. Because in this case the Arabs are explicit in saying that we want the animal slaughtered for avoda zara. 9:30 We don't want the meat. The meat is for you. I don't have no intention of taking the meat. We just want the blood and the fat. So Shach after we bought the masna, we came to Rebbi Yosef, "Kia gavna, my Shach Tovi sent before Rebbi Yosef, what's the halacha in this case? What what what should we do over here?" Shalach l'chachamim Rebbi Yehuda Amar Shmuel halacha Rebbi Yosef. The halacha is like Rebbi Yosef. And halacha means what words Rebbi Yosef say? That the 9:54 intention of the owner is irrelevant. What matters is the intention of the intention of the shochet. And therefore again, technically speaking, in this case, the meat should be mutar. Amar Rebbi Akiva Rebbi Avira Rebbi Ashi Rebbi Eliezer, "Yohiv leih so Rebbi Elazar Yohiv leih is using the tabach Yisrael mai." So this is an interesting case over here. So now the Gemara asks a different a different question. 10:18 What happens if an akum gives a zuz to a Jewish to a shochet, to a Jewish butcher? Now look at Rashi for just a moment. Yohiv leih, this is Rashi in the wide lines, five lines in Yohiv leih. "Oveid Kochavim zuz l'tabach Yisrael bishvil basar." What happens if a What happens if an akum gave a zuz to a Jewish butcher? Remember again, also whenever we talk about butcher in the Gemara, butcher and shochet were often 10:43 the same person. So give a So akum gives a zuz to a Jewish butcher "bishvil basar v'amar lo sh'ki she'tishkol b'hemtacha t'eimeni b'dinar zeh basar me mitzvar b'heima b'chachi." So this is very interesting. So halacha l'Maiseh, this is happening over here. Here this is a different kind of case. Here the akum doesn't have an animal. What he does have is money. He gives the Jew a zuz. 11:07 He says, "Listen, when you shecht, I want I want a dinar I want a zuz of meat from your shchita." So what's the shaila? Rashi goes on, "Me Amar Rebbi Elazar Rebbi Elazar heicha d'havi b'heima b'shutafus v'chi zavnu m'ikara o sh'eich kulhu sh'el Oveid Kochavim v'nasnu l'Yisrael b'chasei k'var ki gavna gavna lo odi v'lo shna." So this is a 11:31 shaila really only according to Rabbi Eliezer, right? Cuz according to according to the Tanna Kamma, it's going to be fine. According to Rabbi Yossi, it's going to be totally fine. According to Rabbi Eliezer, does this create an avodah zarah type of setup? So, the Gemara says, it depends. Listen to this. Amora Hazinan, we look. E inish alma who d'alma sim metchila asur. If the akum is a powerful guy, how is that manifest? 11:55 Powerful guy in that even if I wanted to return the money to him and to say no, thank you, I wouldn't have the power to do that. If he's If the akum is that powerful, that means that he's a shutaf. That means that he's really a partner in this in this animal. If he's a partner in this animal according to Rabbi Eliezer, this animal is going to be asur. 12:12 According to Rabbi Eliezer, however, on the other hand, be elo, and if not, if not meaning not what? If the akum is not powerful, meaning that I can go ahead and return the akum's money to him, then amora reish var. This is a great expression. Then I can say to the akum, "Here's your head and here's a mountain." Which is another way of saying, "Go knock your head against the mountain." Which is 12:35 another way of saying, "I'm in control, you're not in control." And therefore again, this the akum's financial interest in my animal in no way undermines or compromises the kashrus of the animal. Quite fascinating. So, we'll say this is an interesting flow of the Gemara because Rabbi Yehudah says in the name of Shmuel, "Halacha like Rabbi Yossi." Right? And then what the Gemara does is the Gemara goes back and asks the question in accordance with the 12:59 position of Rabbi Eliezer. Okay, so here's what we come out with. So, here here here is So, there's two things happening over here. There's general avodah zarah issues that we have to deal with, but there's a specific issue about when a Jew is going ahead and slaughtering an animal on behalf of an akum, right? He's a partner with an akum, he's getting some of the meat, whatever. If a Jew is just not slaughtering an animal for the akum and just giving it back to the akum and the Jew has no interest in it, we don't 13:22 care. Who cares what the animal is? Jew is just slaughtering it for the akum. However, in the case of the case where the Jew has a shoot for Senate, he's a partner in it. He's going to be eating the meat of it. So, the shayla is does Akum ownership compromise the kashrus of the meat? That's the shayla. And that is a three-way machlokes. Tanna Kamma, as long as you don't hear the Akum talk about Avodah Zarah, the animal's fine. 13:45 Rabbi Eliezer, animal is passul. Can't eat it. Why? Stam machshavah is Avodas Kochavim and Avodas Kochavim, right? We assume that an Akum is all about Avodah Zarah all the time. And therefore again, his intention is for Avodah Zarah, the animal is passul. Rabbi Osi, what are you guys talking about? Who cares about what the Akum is thinking or not? The machshavah, the mindset of the Akum is irrelevant. The only person's mindset 14:09 who could go ahead and treif up this animal is the shochet. As long as the Jew is good, then we're good to go. Then we're good to go. Also, where is it in the Beis Hamikdash? In the Beis Hamikdash, only the Kohen doing the Avodah could go ahead and compromise the animal, not the owner. So, to my shita. 14:26 Okay, so what does it say? So, how do we pasken? So, this is actually an interesting case. Actually, a very interesting case. So, the Shulchan Aruch paskens, sorry. Shulchan Aruch paskens in 71 in Yoreh De'ah. Listen to this. "HaShochet l'shem Avodas Kochavim, afilu lo hishiv l'Avodah b'shchitas zo, ela shchitei b'shchash shchita l'shchot damah, o 14:53 l'haktir chelbah l'Avodas Kochavim, harei zeh zivchei meisim pasul b'Avodah." Okay, so we start start off with an easy one. What's the easy one? If a Jew chas v'shalom shochets an animal for Avodas Zarah or anyone shochets an animal for Avodas Zarah, right? Halachah l'ma'aseh, even if you didn't have in mind that the shchitah should be for Avodas Zarah, but rather during the shchitah, you had in 15:17 mind to do the zerikah for Avodas Zarah, or again, whatever, do something for avodah zarah, ultimately the animal is assur. So, you have a boss saying, "So, there's two things happening over here. If you had in mind during shchitah that the shchitah is for avodah zarah, or during the shchitah you had in mind that something subsequent is going to be for avodah zarah, that makes this animal 15:40 into avodah zarah, and halachah l'maaseh it is assur b'no. That's halachah number one. Okay. Halachah number two. Shochet stam." Rebbe says, "This was the case we just started in at the end of yesterday's daf. Shochet stam, v'achar kach choshev lizrok dam l'avodas kochavim." So, Rebbe says, "So, keep remember, so case one is where you have in mind for avodah zarah during shchitah. There is 16:03 two variations of that case. Either you had in mind that the shchitah should be for avodah zarah, or you had in mind during the shchitah that some subsequent act should be for avodah zarah. Then the animal is avodah zarah. Case two, you had no machshavah during shchitah. You weren't thinking about avodah zarah. You just you were just shocheting. 16:21 After shchitah, now the animal's slaughtered, you're like, "Hey, let me use the blood and sprinkle it for avodah zarah." What's the halachah in that case? "Hareizu safek zivchei meis." So, Shulchan Aruch says, "Safek avodah zarah." Now, the practical the practical impact of being safek avodah zarah is you're going to be assur. Okay. And case number three, case number three, 16:45 here we go. "Yisrael shochet beheima l'avodas kochavim. Afilu chishuv avodas kochavim l'avodas kochavim ksheira." "If you saw chishuv she'yizrok dam l'avodas kochavim k'sulo." What's the boss saying? In case number three, we in fact do pasken halachah l'maaseh like Rebbe Yosi, and therefore halachah l'maaseh if a Yisrael went ahead and shocheted a beheima belonging to an akum, even if the akum had in mind for avodah zarah, 17:08 it doesn't matter. It doesn't matter. The mindset of the akum by the shchitah, halachah l'maaseh does not matter. So, ultimately again Shulchan Aruch paskens like Rebbe Yosi, so So, we'll say halachas aleph, base, and gimmel give us the entirety and clarity on this sugiyah. Incredible. 17:26 Always nice to close out with the halacha l'maaseh clarity. Incredible. But, we're not finished with avodah zarah just yet. Mishnah, "Hashoget b'shem harim, b'shem g'vaos, b'shem yamim b'shem n'haros, b'shem midbaros." So, again, what we're saying in this case over here, a guy is going ahead and shechting Shechting an animal for the for the mountains, for the valleys, for 17:49 the seas, for the rivers, for for the for the deserts. Again, all of these cases, what we're saying essentially what he's doing is he's relegating these items to the status of avodah zarah. Right? He's looking at these items as a deity, and therefore he's shechting his animal for these items. What's the halacha? 18:08 Sh'chitas avodah zarah. Ultimately, yeah, the sh'chita is going to be passul. Okay? Because again, we're also saying this is just another case of avodah zarah. Chapter mem, 48. "Shnayim ochzim basakin." Two people holding onto the knife. Rashi says over here, "Zeh b'rosh v'zeh b'chato." One is holding, let's say, the top of the blade, and one is holding the handle. So, what's the halacha? Again, we're also saying, 18:32 remember that remember So, that that would technically speaking work because remember, sh'chita has to be done ideally molech umayvi, right? Not not ideally. It has to be done molech umayvi. If you press, that's d'oraisa. So, it's like molech umayvi. So, again, Reuven's holding one end and Shimon's holding the other end, and they kind of saw back and forth. So, what's the halacha? "Shnayim ochzim basakin v'shochtin." Now, what's the complicating piece over here? "Echud 18:55 l'shem achami kal elav v'echud l'shem davar kasha." What's the issue? Reuven has in mind for the mountains, the valleys, the seas, the deserts, the rivers for avodah zarah. Shimon, on the other hand, doesn't have any such intention. So, we're saying an case. So, two of them two shocked them. 19:15 One has in mind of all the Zara and one doesn't. What's the status of the animal? So, the Gumarrah says Shrita so Sula. Ultimately, in the Shrita is going to be possible. Now, again, why what what what have to see exactly exactly what that case is. Incredible. So, the Gumarrah says as follows. So, we'll say let's analyze. So, remember again, the way that the Mishna begins is by saying that if you go ahead essentially what you're doing in the first case of the Mishna is you're treating some aspect of 19:38 nature as an animal of the Zara as a deity and you're going ahead and you're shafting for that particular piece of nature. So, what does the Mishna say? The Mishna said Shrita so Sula. The Shrita is not good. The Gumarrah makes a very interesting observation. Gumarrah says top of men 40 48 three lines down Sula in Zivchei Mesim Lo. Interestingly enough, we could infer from this the Shrita is possible. But, the Mishna 20:01 doesn't say Zivchei Mesim Lo. So, we'll say what is Zivchei Mesim Lo Lo mean? Zivchei Mesim Lo means offerings to the dead, which is often how Avodah Zara is described. described. And what it specifically refers to is in Isurei Hana'ah. It seems that you can't get any benefit. You can't get Hana'ah from a Meis. Avodah Zara is often called Zivchei Mesim. So, what the Gumarrah is picking up on over here is a very interesting detail, which is which is 20:26 that it says when you shaft uh right when you shaft for one of these things, right? You go ahead and you shaft for the sake of using one of these pieces of nature ultimately again as Avodah Zara, so Halacha L'Maaseh the Gumarrah says oh, it's Zivchei Mesim, right? So, what's Zivchei Mesim? Zivchei Mesim so it's Sula. It's possible. But, it doesn't say that it's Assur B'Hana'ah. 20:48 So, what's the Shav? The Gumarrah says yet yet or many are is the Kasha. Ha Shocheit L'Shum Harim, L'Shum Giva'os, L'Shum Neharos, L'Shum Midbaros. If a person shafts for the sake of the mountains, for the sake of the valleys, for the sake of the rivers, for the sake of the desert, L'Shum Chamah U'L'Vanah, for the sake of the sun, for the sake of the moon the others 21:13 for the sake of the of the stars the constellations the in honor of the Michael the great the great Archangel or you go ahead and you do it in honor of a little worm I suppose say so all of these cases of all the Hari Ziv Mason Interestingly enough in all of these cases this is all the 21:40 and therefore the animal is Mason again offerings of the which means it's also by now so we have a contradiction cuz our mission which seems to say the same thing as the price just says the is not good here this price is saying it's the Mason so what's going on over here how do you reconcile it so the says as follows so the says I'm a rabbi look at the contradiction 22:04 how do I how do I suppose it's very interesting one is talking about where you for the mountain and the other is talking about where you where you are where you are for the god of the mountain now what's the distinction take a look at the in the thinner lines three lines in double the heart I just says how 22:28 do I suppose it's very important suppose it's very important a mountain cannot become of all the Zara now this is the famous structure that says hello I hello I hello I because the positive speaks about speaks about in Canaan that they were allowed that the indigenous nations were all the Zara so the positive says their gods on the mountains hello I hello I 22:52 hello I and the directions below how hello I hello I hello I the mountains cannot be made into gods which is a general idea that you cannot transform something that is forbidden like a carcass, something that is attached to the earth itself into a golden Zara. 23:08 Let's say because you imagine this, if you could if you could transform earth into if you could transform mountains into a golden Zara, just understand just like the impact that that would have. That would be right I mean any any person who goes ahead and worships a mountain, suddenly the mountain is a very strange dynamic. And then so actually goes on he says Hilcoch The word is Hilcoch the Schmon Lo Mikriziv 23:33 Umi Posul Milachol Mishum Bedam Shchitas Avodah Umi Avodah Kivis Tam Likaman Hashochin Shumnida Uminidiv Shchitas So what's that and watch this. So if anything this is something very interesting. The Mishnah's case is where the guy is shacting and he says, "I'm shacting this and I'm shacting this to the Avodah Zara of the mountain." The mountain the mountain the mountain the mountain is my god and I'm shacting it to the mountain my god. 23:58 Interestingly enough, the Halachic impact of that statement is zero because you can't make the mountain into an Avodah Zara. Because you can't make the mountain into the Avodah Zara, therefore again offering offering a a shacting an animal for the sake of the mountain is really Halachically what? 24:16 Irrelevant. But because it looks like Avodah Zara, therefore we're going to say what? Shchitas Pasula. The animal's not kosher. The animal's not kosher. However, again the Beraisa that says again Ligada Dahar Lemalach Hamura, that's different. When you start shacting an animal for the sake of the angel of the mountain, right? Now that's 24:40 Avodah Zara. That's Avodah Zara. And once it's Avodah Zara, then Halacha Lema'aseh, the animal itself becomes Assur Banah. The Gemara says Dekanami Diktani, I'll bring a rayah to this. Dumyo D'Michoel Sar Hagadol. So what's say if you notice in the Beraisa's listing, what else do you have in there? 24:56 You have Mihal. Why are you throwing in Mihal? Cuz Mihal was an angel. Oh, so this is all angelic talk over here. We're talking about the angel of the mountain, the angel of the valley, the angel of the sea, the angel of the river. That's mamish avodah zarah. And therefore, the animal ultimately again will become assur banah. Look at Rashi, dumi dumi Mihal. To what Mihal refers? 25:15 Mihal is not Mihal. Or Baal HaChaim, ya'avod gandol mishum avodah zarah. How many can you count with tmurah? Midas Rachamim, okay. So I say therefore that's an distinction. So fascinatingly enough, if you slaughter an animal for the mountain, i.e. you're worshipping the mountain, interestingly enough, that's not avodah zarah. Not good, not good, right? But not avodah zarah. But even though it's not avodah zarah, the Mishnah says the shchitah is not going 25:39 to be possul. The animal is not kosher, cuz it looks like avodah zarah. But if you go out and you shecht the animal for the sake of the angel of the mountain, the god of the mountain, let's even say it like that. The god of the mountain, the god of the river, the god of the sea, the god of these different aspects of nature, then I will offer my sacrifice. That is avodah zarah. 25:55 And therefore, the animal is a treif animal. Meaning, not only can you not eat it, but it is assur banah. Incredible. Incredible. So the Gemara says as follows. Amarav, so the Gemara says Amarav Huna, "Ha sav is ver- This is a very interesting case." Listen to what he's saying. This is going to go through the rest of the daf, and then right at the right at the tail end of the daf, we're going to see a a fascinating machlokes about this that could have tremendous ramifications. So 26:18 exciting. Amarav Huna, "Ha sav beheima kaveira mutzefes avodah zarah." Listen to this. I'm I'm walking by, right? And my my friend's animal is crouching in front of avodah zarah, right? So what happens? Well, let's actually leave me out of this, right? So so right, Reuven Reuven is walking and he sees that Shimon's animal is crouching down crouching down in front of avodah zarah. 26:39 Okay. What does Reuven do? Keivan sheshachat bas Shimon achas asrah. What does Reuven do? Reuven decides essentially to shecht the animal as it is bowing down in front of the avodah zarah. So, the Gemara says once Reuben shafts one siman of the animal, halacha l'maaseh, the animal is assur. 26:59 Okay. Let's Let's talk about this just a moment. Look at Rashi just a moment. Lomei by Omed be a verb kinah b'avodah shalom ela d'rubutza v'lo kinah assur l'maaseh. So, Rashi will say watch the novelties over here. If Reuben were to see Shimon's animal, right? And let's say he Let's say Let's say it's a sheep. And Reuben were to go over to Shimon's animal, pick it up, and then put it back down. Then 27:23 what would be the halacha l'maaseh? What do we call that? What do we call that? Theft, right? Theft. But remember again, remember from our bubble days, so a thief does acquire the item that he steals. So, in that case over here, if Reuben were to go ahead and pick up the animal, right? And then put it back down, and then slaughter for Aboda Zara, it's not a sham. Of course, it's going to be assur because Reuben acquired He stole it, and he acquired it. The 27:46 novelty that's being that's being put forward over here is that Reuben did not do any act of acquisition. But yet, interestingly enough, the fact that he slaughtered one of the simanim, right? That he slaughtered that he began the process of slaughter, that is a process ultimately again that acquires it for him, and therefore makes the animal into Aboda Zara when he slaughters it for the sake of Aboda Zara. That's the novelty that's being expressed over here. 28:09 So, the Gemara says um good. I'm just going to Good. Fine. So, that that's That's the novelty here. So, I said therefore again, Reuben's walking by, sees Shimon's animal crouching down in front of Aboda Zara. Once he begins to shaft him even one siman, even one siman, the animal is assur alts Aboda Zara. Incredible. 28:30 Sumalah. Sumalah d'yad Amora Amora d'Yochana. As So, ultimately again, Rav Huna Rav Huna holds like this statement of of Ulla who said in the name of Rav Yochana who said af pisha amru hamishtachaveh l'vehemas chaveiro lo asra. Even though again if you worship your friend's animal, you haven't answered it, which 28:53 makes sense to both of you because in general, right? If I if Reuben if Reuben had to come along and bow down and and start to daven, right? And worship Shimon's animal, what's the halakha? The halakha is the animal is mutar. Why would that That's a simple idea because you can't answer something that doesn't belong to you. Asav b'maaseh asura. This case is different. Why is this case different? Because Reuben didn't just bow down. What did he do? What did he 29:15 do? He cut the siman. So he did a maaseh. So what is very interesting is what's happening over here is Rav Huna Rav Huna really based on the statement of Ulla is is advancing the following idea, that if Reuben comes along, does a maaseh for avodah zarah, does a maaseh to Shimon's animal, Reuben could transform Shimon's animal into an offering to avodah zarah and ultimately 29:38 make it assur. Even though again, Reuben did not perform a type of acquisitory or proprietary act to acquire this animal, his act is maaseh for avodah zarah makes the animal assur. And again, even though Ulla said normally if you if you worship your friend's animal, you can't make it into avodah zarah, this case is different. Why? A maaseh. A maaseh. 30:01 Okay, let's analyze this. So I'm not going to raise the question to Rav Huna. I don't understand this case. He goes and says listen to this. Hashokei b'Shabbos b'chotz l'avodas kochavim chayev. So he goes and says now watch this. Chayev sholosh chatos. Right? So what happens? A person goes ahead and Reuben goes ahead and shechts a chatos on Shabbos. Now you got to understand this what's happening over here. He takes an animal that is designated as a chatos, 30:25 okay? He takes the chatos on Shabbos, shechts it outside of the Beis Hamikdash, outside of the Beis Hamikdash. So you got to understand this, right? So issue number one is shechita on Shabbos. Issue number two, you are going ahead and shechting a korban outside of the base hamikdash and number three of all the skull cabin right for all the Zara how you shall 30:49 look at those you have three offerings right one for shucking on Shabbos one for all the Zara what I should want for shucking on Shabbos one for shucking outside of the base hamikdash one for all the Zara what was I what was I saying This is what happens when you have too much unstructured time. I'm just saying right I'm just saying this this this is the most of our skill Shabbos afternoon is a long day but if you don't have a 31:13 plan for what you're going to do you're going to get yourself in trouble right the bane of the human condition is unstructured time the younger you are the more problematic it is right but the mindset again this happens on Shabbos afternoon not a good plan no good with person can only sleep for so long right if you don't make a good solid plan structure for yourself hot sugar and 31:36 person ends up in trouble tomorrow goes right there so the message is three dollars now watch this now here's the problem we are just a bus in a hut Australia so now watch this but if you're honest right that as soon as you shuck one semen of an animal right then what then what becomes of all the Zara right as soon as you shuck one semen right remember again shuck is not complete until two semen and 31:59 if you tell me that as soon as you begin to cut one semen that animal becomes also also have all the Zara so I will say so here's the issue now remember once it's have all the Zara it can't be shucked a horse right shucked a horse is only a prohibition when when you're shucking what shucking what a carbon but if it's have all the Zara it's not a carbon so here's the interesting technical issue it becomes have all the Zara according to a horse 32:23 once you begin to cut one semen it becomes a carbon when when two semen and so how can you be have three dollars again it's so bad point of here is only going to be have two dollars one for shucking on Shabbos one for all the But, the carbon really shouldn't come into play because halacha l'maaseh it doesn't become a carbon till two simanim, and by that time it's already avodah zarah. If it's avodah zarah, it can't be a carbon. Shmuel says it's 32:46 tremendous masah haskel. You can't be both. You can't be both. You can't be a carbon and avodah zarah. You have to choose a team. I always say, we go through life always trying to kind of straddle this middle line in so many different areas. 33:05 Successfully, I would say there's only one place in life where you could be parev, and that's in your kitchen. Outside of the kitchen, there's no parev. You're milchigs or you're fleishigs. You're team God or you're avodah zarah. You're a carbon or you're avodah zarah. That's the way it works. Choose a team. Choose a team. Choose your identity and put your whole totality into it. So, the Gemara goes like this, "D'v'yan b'keivan shesh basar min acher asrah, ashrei d'chazlei 33:28 m'chayav." So, what's going on over here? Well, say "Amud Beis, Amud Beis, b'chatich b'oferu." Seven stand. In other words, Ravuna, if you're right that once you cut one siman, then halacha l'maaseh again it's avodah zarah, that means once it's avodah zarah it can no longer be a carbon. The subsequent cutting is like cutting dirt. 33:46 That's the expression, like cutting dirt, right? And halacha l'maaseh, there should be no liability for shchutei chutz because halacha l'maaseh you transformed this into avodah zarah already earlier than it would be offered up as a carbon. Take a look at Rashi. Tap Rashi memorized 40b. "B'chatich b'oferu." Rashi says, "D'cheivan d'naasah mishum avodas kochavim, paka shem kodshim minei 34:09 v'naasah shel avodas kochavim." Because again, once the animal becomes avodah zarah, the identity of kodshim leaves it. If that's the case, then halacha l'maaseh there should be no liability for shechting a carbon outside of the Beis Hamikdash. Good kasha. "Amrei Abaye, Abaye says, "No, no, no, I'll tell you the case. Hacha ma askinan." What's the case here? 34:30 "B'chatas ha'of askinan." Very interesting. Good answer, by the way. but what do you tell me you see we just assume that who says cutters off back to his days but all tomorrow I was walking also cutters off requires how many how many one as opposed to all of remember again obviously also the head remains attached whereas all of that is detached but so 34:55 again what's the beauty of cutters off beauty cutters off is simultaneity simultaneity because everything is happening at the same time when you shift one Simmon ultimately again it's a carbon and it can also be a everything can be happening at the same time and therefore they can be threefold liability the 35:19 there is what we call theological simultaneity that the animal becomes both a carbon and all at the same by the way it's not just that it's actually because when do you have when you have you have all the from the so actually we'll come back in just a moment threefold for the purpose our purpose is right now carbonic liability as well as 35:42 liability occur at the same time with the cutting of one Simmon all right so let's analyze this let's take a quick look at similarly so the remember again is with one Simmon the vehicle street that show of the park is on the okay good so therefore again there is there is 36:08 simultaneity for both the and the and the so so what's that analyze this what so what's that analyze this who did remember let's take a step back what are saying the said walking by animal he sees animal crouching down what does do he chefs the semen of the animal, writes once in the animal. The animal is of Avodah Zarah. Okay. Who did Rav Huna 36:35 make his statement in accordance with? The Gemara said, "Ulla." What did Ulla say? Ulla said that a lo al ha maaseh, if you bow down to your friend's animal, what's the halacha? What's the halacha? Not of Avodah Zarah. But if you do a maaseh, if you do a maaseh, it is Avodah Zarah. It is Avodah Zarah. Okay. So now about this Shmuel Rav Huna Gemara Amud Shmaiteh, in 36:58 accordance with whom did Rav Huna say his ruling? Ulla. The Ulla maaseh called the rule of the Gemara. Now remember again about this very interesting Ulla holds that any maaseh, any maaseh for the sake of Avodah Zarah, relegates the animal to Avodah Zarah status. Any maaseh, maaseh called in other words, who says it has to be something substantive? It could just be the 37:20 smallest act in shame of Avodah Zarah that makes the animal into Avodah Zarah. Now we'll say, "If that's the case, we're back to our same problem." What's the problem? What's the problem? The problem is that the Avodah Zarah designation will devolve upon the animal before what? Before the Shchutei Chutz. 37:36 Cuz remember again, in order to be in violation of Shchutei Chutz, you have to do a maaseh Shchutei Chutz or a maaseh Melikah. Right? Which means again, even if it's a Melikah of a soul, you still need what? You still need what? The Melikah of one sinning. But by Avodah Zarah, any maaseh. So once again, we're back to square one. Why would you be liable for three Chataos? Because it would appear to be that the prohibition for Avodah Zarah sets in before the 38:00 prohibition for Shchutei Chutz. So by the time you do So therefore, there's no Shchutei Chutz. Cuz once it's Avodah Zarah, it can't be Shchutei Chutz. In which case again, there should only be two Chataos that you're liable for. One for Shabbos, one for Avodah Zarah. So what's the case? Ella b'Omer the Gemara Shvi'i Ulla. Rather again about this interestingly enough, this is where the guy says, "Reuben did like this, right? 38:23 This all all on Shabbos. He's taking this, whatever it is, doesn't matter if it's the bird, it doesn't matter what it is, but he's making a statement, I'm using this animal to worship Avodah Zarah, but the Avodah Zarah identity should not devolve upon the animal until the shchita is complete. 38:38 Yeah, London London, right? Just because you're in a varyon doesn't mean you can't be a London, right? So again, Gemara says that's the case over here. He's making say I I don't want it to be held until I finish the shchita. Yochin, that's the case. Magarya Katos, then then you're okay, fine, good answer. But then it doesn't have to be a case of a bird, the shmuel in a zevach, could be a regular carbon also, where he's shackling a regular animal and he says, I don't want this animal to be 39:03 Avodah Zarah until I finish the shchita, okay? In which case, once again, now you have simultaneity, because then the carbonic identity and the Avodah Zarah identity will vest at the same time. 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I'm going to show you a brand new paragraph on Thursday. And we'll trade this. So, we already touched on this and this is actually quite fascinating, but apparently, if the trachea is cut up to 39:50 50% the animal is not a treif. The halacha is you have to cut the additional right as long as the trachea as long as the majority of the trachea is not cut, right? Halacha l'maaseh, the animal is not a treif. You have to cut the rest of the the rest of the the rest of the trachea. So, what's the case over here? The case over here is that the animal in question or the bird in question has a trachea that's cut 50% and all you need to do is cut a little bit more. So, why is why is that a great case? Why is that a great case? Because 40:15 there's simultaneity, right? Because everything is happening at the same time. When you go out and you cut that additional 1%, what's happening? The shita for carbon purposes and the shita for the avoda zara purposes is happening at the same time. So, we'll say just Here's what you need to know. All we're focusing on is we need to figure out a case where there could be simultaneity for avoda zara and shchutei chutz. 40:37 Because otherwise, if avoda zara devolves upon the animal first, there's no liability for shchutei chutz. So, we're just looking for that simultaneity. This is a great case of simultaneity. Incredible. All right, let's go back to Amora Papa. He loved Amora Huna, siman echad lo havya chatas tiyuvta. 40:55 Um lo havya chatas tiyuvta. So, let's analyze what this So, Amora Papa just said he just pointed out some interesting information earlier. Had Amora Huna not explicitly said siman echad in his in his in his original statement, then ultimately again, chatas, the fact that the Amora brings down this case of a chatas, would not have posed a problem. Because I would have said my mice. So, what does mice mean? Mice are about substantive act. 41:19 From Amora Papa, he loved Amora Huna behemas chaveiro. Had Amora Huna not mentioned explicitly behemas chaveiro, lo havya chatas tiyuvta. Chatas also wouldn't have posed a problem. Why not? My tamei the day matzi aser the chaveiro matzi aser. Because you can only aser something that is your own. You can't aser something that belongs to your friend. So, the Amora says pshita, that's obvious. What did the Amora I 41:42 thought keivan the korbon korbon can be laid down yom I would have thought that a chatas is considered to be like my property. Why is a chatas considered to be like my property? Because since I attain atonement through it, halacha l'maaseh, I accept it as like a quasi acquisitory power happening over here. 41:58 Kama shma lon, not. Okay. So, Amora Papa said, what we come out with over here, right? What what what do we have? What we have over here is the statement of Amora Huna. Amora Huna said that halacha l'maaseh, Reuven's walking by and he sees Shimon's animal crouching down in front of Avodah Zarah. Reuven goes ahead and shechts that animal. Even one simanim, we just discussed how one simanim, okay, even one simanim, what's the halacha? That animal is now assur 42:22 Avodah Zarah. What is Reuvena's statement based on? Ulla. What did Ulla say? Ulla said that halacha l'maaseh, if you bow down and worship your friend's animal in front of Avodah Zarah, right? But, if you did a maaseh, it is Avodah Zarah. And therefore, that's what Reuvena is saying, you're doing a maaseh. Reuven is doing a maaseh, he's shechting one of the simanim. Beautiful. This entire discussion is premised on Reuvena's idea 42:45 that you could assur something that is not yours through a maaseh. Watch this. Let me just do this halacha l'maaseh now. The Gemara says, Rav Nachman for Rav Amram for Rav Yitzchak Amram, they're both saying now another school of thought, they say, "What are you talking about? Ein Adam osser davar she'eino shello." What are you talking about? What are you talking about? You cannot assur something which does not 43:08 belong to you. Right? So, again, they are arguing on the entire premise of Reuvena, right? Reuvena's whole thing is based on this idea that halacha l'maaseh, you could assur something that doesn't belong to you through a maaseh. Comes along with Rav Nachman, Rav Amram, Rav Yitzchak, so they can't look at Rashi, Rashi is five lines up from the bottom. "Ein Adam osser davar she'eino shello. Afilu b'gmar maaseh." This is the m'farshim, "B'maaseh kodshu." For the reason I want 43:33 to say, so the chiddush over here is even with a substantive maaseh, even if you do something substantive like cutting one of the simanim, you cannot assur something which does not belong to you. So, Reuvena said, "This is our fundamental halacha." This is This is a tremendous mussar haskel. 43:50 Reuvena is saying this, "Ein Adam osser davar she'eino shello." So, Reuvena says, "Halacha l'maaseh, what happens?" See what is the halacha l'maaseh. Reuvena says, "Well, clearly again, this is the hashkafa l'maaseh." Why is this important? "Ein Adam osser davar she'eino shello." Reuvena says, "There's something very important that does not belong to me. Elochai, neshama belongs to Hakadosh Baruch Hu. The neshama belongs, right? Right? All 44:14 right. Ata asita li v'lo ami meni. My neshama doesn't belong to me. It belongs to Hakadosh Baruch Hu. As the bottom line he says, it's a chelek Eloka mima'al mamash. It is mamash a piece of Hakadosh Baruch Hu. So they both say, "What? That is the most beautiful news in the world." Why is it the most beautiful news in the world? Ein Adam oser davar she'eino shalom. 44:32 Because you can't mess up something that doesn't belong to you. Because that neshama belongs to Hakadosh Baruch Hu and it's a chelek from Hakadosh Baruch Hu, I can mess up a lot of things in life. I really can. And I really do. But there's one incredible thing that I can never mess up and taint. And that's my neshama. And they will say, "Because of that, that's why teshuvah is possible. That's why change is possible. Because there is a piece in 44:57 me that no matter how badly I mess up in life, always remains pure, pristine, and untainted." Ein Adam oser davar she'eino shalom. So we're going to stop over here for today. I know I'm leaving off in the midst of a raging machlokes, halacha l'ma'aseh, and resolution clarity. At least in this sugiyah. And may Hashem tomorrow shkoyach everyone. 45:19 Everyone should have a great day. >> Amen. Amen. Amen. Amen. Amen.
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