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Hakadosh Baruch Hu should im yirtzeh Hashem protect our brothers and sisters in Eretz Yisrael. 1:05 We should just see brachos and besoros tovos Rabotai, with that I thank Rav Richter for giving shiur yesterday. 1:12 Today's daf is Ayin 70. 1:15 We are picking up at the mishna סמך טת עמוד בית 69b. 1:18 Says the mishna: המבכרת המקשה לילד מחתך אבר אבר ומשליך לכלבים. 1:22 So rabotai, a very interesting case over here. 1:23 So we have an animal that is first about to give birth to its firstborn. 1:30 Now remember again, firstborn in halacha has kedushas bechor, has firstborn sanctity. 1:36 Now interestingly enough, just an important fact to go into this sugya with, the firstborn sanctity only devolves upon the animal when the majority—either the head comes out or the majority of the animal has been birthed. 1:47 Right? Up until that point in time, the animal does not actually have bechor firstborn sanctity. 1:54 So that's why if you take a look at Rashi, we're going to do a lot of Rashis today, following along in the first line in Rashi on the bottom hamivakeres hamakasha laled, the peter rechem shella מותר לחתך אבר אבר כשהוא יוצא ראשון ראשון. 2:06 So in this case over here, you have an animal that is birthing its firstborn. 2:11 And let's say again the animal is in distress. 2:13 You see that it could be that the delivery is killing the animal. 2:16 Now normally again, okay well, so what can you do? 2:20 So this is now the animal is coming out, the fetus is coming out limb by limb. 2:25 Technically speaking what you could do is you could cut off limb by limb and throw it to the dogs. 2:30 Ai, what about bechor? 2:32 What about bechor? So remember again, bechor sanctity does not devolve upon the animal until halacha l'maiseh either the head or the majority of the animal comes out. 2:41 So as it's coming out limb by limb you can throw it to the dogs. 2:47 Rashi says over here mashlich l'klavim, third wide line in דכל כמה דלא נפקא רובו לא קדוש. 2:54 Because as long as the majority of the animal hasn't come out, kedushas bechor does not devolve upon the animal. 3:01 A really interesting idea. 3:02 Continued the mishna: yotza rubbo. Now what happens once the majority of the animal exits the mother? 3:09 Now again, what counts as a majority over here? 3:13 The case is יצא רובו מן הצד. 3:15 Let's say again the animal birthed its side and that much came out, in which case it's as if the majority of the animal has been birthed and then you ended up going ahead and cutting up the animal for whatever the 3:27 reason. Obviously a mistake, you're not allowed to do that. 3:29 You cut up the limbs. 3:30 What do you do? 3:32 The Gemara says: kaver. 3:33 In that case you have to bury it. 3:36 Right? You can't throw it to the dogs. 3:38 Why can't you throw it to the dogs? 3:39 Because it has kedushas bechor. 3:40 You have to bury it. 3:42 However, what's important to understand is v'nifteres min ha-bechora. 3:46 But ultimately it gave birth to a bechor animal and therefore subsequent births will be exempted from firstborn status. 3:53 Rabotai, so a really interesting mishna. 3:56 Let's analyze. Itmar. So rabotai, now the Gemara asks a very interesting follow-up question on this. 4:07 What happens, same case, same case, right? 4:09 Our animal is giving birth to its firstborn. 4:12 A third of the animal came out. 4:14 Now remember again when we're talking about a third, rubbo, we're always referring—we're always referring to the head. 4:20 Remember again, if the head comes out, part of the head comes out, the animal is considered birthed. 4:26 So whenever you see rubbo... 4:30 so a third of the animal comes out. 4:33 Remember again, when does the kedushas bechor, when does bechor sanctity devolve upon the animal? 4:38 When? When at least the majority is birthed. 4:41 In this case over here a third, which obviously is not a majority, has been birthed. 4:46 I sold that third. 4:48 I sold it to an Akum, to a gentile. 4:52 So itmar, יצא שליש ומכרו לעבודת כוכבים. They're going to ask what happens afterwards? 4:57 וחזר ויצא שליש אחר. Then the second third of the animal was birthed. 5:02 So at this point in time, two thirds, the majority of the animal has been birthed. 5:07 So normally what we would say is once the majority has been birthed, the animal's achieved Kedushas Bechor, Bechor sanctity. 5:13 The problem is I already sold the first third. 5:17 So how does that affect the status of the animal? 5:21 So it's very interesting. 5:22 Rafuna amar Rafuna says kadosh. 5:25 It is kadosh. Rashi says over here in the first wide line קדוש בכור זה וקרב לגבי מזבח וניתן לכהן. 5:34 So Rafuna says literally again this has Kedushas Bechor. 5:36 It has Kedushas Bechor, it can be offered up or ultimately again given to the kohen. 5:40 Good. Raba says eino kadosh. 5:43 Raba says no, it is not kadosh. 5:46 It is not kadosh. 5:48 What's the machlokes over here? 5:49 רב הונא אמר קדוש קסבר למפרע קדוש. Rafuna says that the Kedushas Bechor devolves upon the animal retroactively. 5:57 וכיון דנפק ליה רוביה איגלאי מילתא למפרע דמעיקרא הוא קדוש. Because as I say, once the majority of the animal was birthed, then maysa it's retroactive, retroactively it becomes kadosh. 6:11 Right? Retroactively it becomes holy, it achieves Kedushas Bechor. 6:16 ומה דזבין לא כלום זבין. And therefore it turns out retroactively that my sale to the Akum was null and void. 6:24 Null and void, that's Rafuna. 6:26 Raba says no not at all. 6:29 קסבר מכאן ולהבא קדוש. Raba says no, when the animal births from that point forward the animal becomes kadosh. 6:39 But at the point in time our animal in question has birthed and the sale has already occurred, the first third has been sold to the Akum. 6:48 In which case halachically the majority was never birthed, so to speak, in a state of kedusha. Uma dizabin zabin. 6:56 And that which was sold was sold. 7:00 So maysa it turns out that the fundamental machlokes Raba and Rafuna is at what point in time does the animal achieve Kedushas Bechor? 7:10 According to Rafuna, once the majority of the animal has come out, retroactively the animal becomes kadosh from the beginning of the birthing process. 7:21 Raba says no, only once the animal is birthed and the majority of the animal is birthed, then and only then does the animal achieve Kedushas Bechor from this point forward. 7:34 Incredible. זבחה דרבה ורב הונא לטעמייהו. We've actually already seen this machlokes. Ditmar, there's another interesting case. 7:43 יצא שליש דרך דופן ושני שלישים דרך רחם. Listen to this case. 7:48 The rabbi says let's say you have an, I'm not sure just exactly how this works, but maysa, let's say you have a situation where the first third of the animal came out like C-section. 8:01 Yotzei dofen always means a non, we'll call it a non-natural birth. 8:06 So let's say a third comes out through dofen, it literally means the wall, but it means in some type of C-section, ושני שלישים דרך רחם and the remaining two thirds of the animal was a natural birth. 8:19 Because remember maysa how does the Torah define a bechor? Bechor peter rechem. 8:23 So this is true by animals and it's true by people, in order for a firstborn to have Kedushas Bechor it has to be a natural birth. 8:32 So in this case over here, the first third of the animal was let's say what we'll call through C-section and then the remaining two thirds a natural birth. 8:40 So let's see. רב הונא אמר אינו קדוש. 8:43 Rafuna says it's not kadosh. 8:46 And again maysa it's going to make sense in just a moment. 8:50 Raba amar kadosh. Raba says it is kadosh. 8:53 So let's see this. 8:54 רב הונא אמר אינו קדוש. Rafuna says it's not kadosh. 9:01 Why? רב הונא לטעמיה דאמר למפרע קדוש ורובא קמא ליה בדופן. Rafuna's going to say of course it's not kadosh. 9:06 Why? Because once maysa the majority of the animal was birthed, when does Kedushas Bechor take place? 9:08 When? Retroactively from the beginning of this birth take place how? 9:14 Again through C-section. And that's not what we call the peter rechem, therefore not kadosh. 9:20 Raba says it is kadosh. 9:22 Why? רבה לטעמיה דאמר מכאן ולהבא קדוש ורובא דרך רחם נפיק. Raba ultimately says it is kadosh. 9:30 Why? Because only once maysa the majority is birthed from that point forward. 9:36 From the moment that the majority exits the mother. 9:39 That's when kedushas bekhor sets in. 9:41 And with Rava’s hashkafa at birth, there's a halacha l'maiseh interestingly enough, it's the same, in other words, it's the same application. 9:53 It's the same reasoning. 9:54 So fundamentally, let's say Rava and Rafuuna are in disagreement of when kedushas bekhor would be set. 9:59 So both of them are agreeing that kedushas bekhor sets in when the majority of the animal is out. 10:08 Rafuuna will say once it's out, it back retroactively sets in right from the moment of birth. 10:13 Rava says no, it only vests ultimately at this point going forward. 10:22 And now we see two nafka mineh cases. 10:24 The animal, the first third of the animal is born and sold to an akum, right? 10:29 Or first third comes out against C-section and then the remainder comes out naturally. 10:35 Rafuuna will say in neither case is the animal kadosh because once the majority comes out, it retroactively goes back to the beginning. 10:43 And in the first case, the first third was sold to an akum. 10:46 That takes away kedushas bekhor. 10:48 In the second case, it was through C-section that takes away kedushas bekhor. Rava will say no kedusha from here on and as long as when at the point that the majority of the animal is outside of the mother, it was in a 11:01 good place, so to speak, so it works. 11:04 Therefore, in the first case, it was only the first third sold to the akum. 11:07 The rest of it was kadosh. 11:08 So again, the animal is kadosh, taking away the sale of the akum. 11:11 By the second part, ultimately again, it was coming out through a natural birth, therefore it will be kedusha. 11:19 So why does the Gemara say it's the same? 11:22 Why do I need two cases to illustrate the machlokes Rava and Rafuuna? 11:24 So the Gemara says I’ll tell you why: וצריכא דאי אשמעינן בהא בהא קאמר רב הונא משום דאיכא לכולא. 11:29 I would have thought maybe rabosai, ultimately again, maybe Rafuuna rules in the in the previous case because again halacha l'maiseh, if you don't say it's kadosh, it’s kula. 11:40 אבל בהא דאיכא לחומרא but ultimately again in this case over here, where ultimately again, poskining like Rava would be l'chumra, אימא מודי ליה לרבא. 11:50 Perhaps he would agree with Rava. 11:52 Top of ayin 70a: ואי אשמעינן בהא בהא קאמר רבא אבל בהא אימא מודי ליה לרב הונא. 11:58 And if we would have heard in this case, maybe it’s only in this case that Rava holds his position because in the first case, where you sold the first third to the akum, maybe he agrees with Rafuuna. 12:12 Therefore, again, the Gemara says tzricha. 12:13 I need both cases. 12:15 Incredible. Rabosai, so this is our fundamental, our fundamental machlokes. 12:19 It happens to be the way the Rambam poskins in both of these cases is like Rafuuna. 12:24 So the Rambam is of the opinion that halacha l'maiseh kedushas bekhor vests retroactively. 12:31 Fascinating. So therefore, again, in case number one, where you sold the first third to the akum, once the majority of the animal comes out, the sale is null and void. 12:39 And in case number two, where the first third came out C-section, even though the remaining two-thirds came out natural birth, it does not have kedushas bekhor because retroactively it was not a peter rechem. 12:52 Incredible. So let's go inside. 12:54 So tenan, rabosai, ayin amud alef, 70a, third line down: tenan hamakshah leyaled. 12:59 So the Gemara says this is our Mishnah. 13:04 So an animal is giving birth to its first, its first offspring, it’s having a difficult labor. 13:08 So what are you doing? 13:09 מחתך אבר אבר ומשליך לכלבים. As each limb comes out, you cut it off and you throw it to the dogs. 13:17 So the Gemara says מאי לאו מחתך ומניח. 13:22 Now don't, maybe the Mishnah says we're cutting the limbs, rabosai, but what do we do with the limbs? 13:27 We leave them on the side. 13:29 Why? Because we have to wait. 13:30 What do we have to wait? 13:31 i amrat l'mafrea. So the Gemara says מאי לאו מחתך ומניח, are we not cutting and leaving on the side? 13:37 ואי אמרת למפרע קדוש כי קא אתי רובא לקדיש ומאי מחתך ומשליך דקמבעי ליה. Well, if that's the case that we're leaving it on the side, then if Rafuuna is right that kedushas bekhor vests retroactively, then what do you have to do with the amputated limbs? 13:53 What would you have to do? 13:54 You should have to mekaber them. 13:56 Because retroactively then it has kedushas bekhor. 13:59 To which the Gemara says לא הכא במאי עסקינן דמחתך ומשליך. 14:02 No, as the limbs come out, he’s throwing it right then and there. 14:11 aval mechatekh u'maniach but in hachi nami if you're cutting the limbs and you're leaving them in a pile and then the majority of the animal is birthed, then what do you have to do? 14:20 mekaber. Then you would have to go ahead and and bury it. 14:24 So in other words, what’s interesting, if literally as each limb comes out until the majority of the animal has come out, there's no kedushas bekhor. 14:31 So technically speaking, you could take it, literally the limb, and feed it to a dog. 14:35 If you are cutting this because rabosai, the assumption the Gemara's working on in this case is why you cutting off the limbs? 14:42 Like as the animal comes out why you cutting off the limbs? 14:44 You're doing this to save the mother, right? 14:46 That now that doesn't have to be the reason but presumably the Gemara's operating on the assumption that that's that's why you're doing this and if you are doing this to save the mother, then you're allowed to go ahead and and 14:56 feed those limbs to your dogs. 14:57 So therefore it's okay if you're cutting off the limbs and feeding it to your dogs, that's fine, you're allowed to do that until the majority of the animal exits. 14:59 But technically if you're cutting off the limbs and they're just piling up until the majority of the animal does exit, halacha le-ma'aseh, once that majority of that animal exits, then you'd have to go ahead and bury those limbs because they would 15:13 have kedushas bechor. Now, if that's the case, עד תניא סיפא יצא רובו יקבר ונפטר מן הבכורה. 15:14 If that's the case then when the seifa says once the majority comes out you have to bury the limbs and the next animal to be born is pattur from bechorah. Liflot ve-lisni bedidei. 15:26 Why doesn't the Mishna go more specific into the case initially? 15:28 Bameh devarim amurim? When is this so that you could cut off the limbs and feed it to the dogs? 15:33 Bimechattech u-mashlich, when you're cutting and you're tossing the limbs away one by one as they're coming out but if you're cutting and you're letting the limbs sit there until the majority has exited, be-innai nami, the limbs in the pile, yikaver, ultimately you'd 15:49 have to bury the limbs. 15:50 So the Gemara says hachi nami ka-amar, this is what it means: bameh devarim amurim, when is this so? 15:54 The Gemara will say when is what so? 15:56 When is it so that you could feed the limbs to the dog? 15:59 Bimechattech u-mashlich, if you're taking each limb as it comes out and you're feeding it to the dog immediately. 16:07 Ha-mechattech u-mani'ach, however again if halacha le-ma'aseh you cut off the limbs and you just put them in a pile then what? 16:13 Once the majority of that animal exits its mother then what? 16:17 נעשה כמי שיצא רובו, it's as if the majority has exited and you have to bury those limbs. 16:23 Fascinating. So the Gemara says so Rabosai, so just another fascinating halacha. 16:27 So the idea that the Gemara says over here when the Mishna says you could cut off the limbs and feed it to the dogs, that's really halacha le-ma'aseh assuming you're doing this instantaneously. 16:36 But be-innai nami if you are allowing the limbs to pile up, then you would have to bury them at a certain point, specifically once the majority of the animal exits the mother you'd have to bury it. 16:45 Incredible. Ba'ei Rava. So Rabosai, this is a very interesting question over here. 16:50 Rava asks the following question: הלכו איברים אחר הרוב או לא הלכו איברים אחר הרוב? 16:55 So Rabosai, now we'll have to see exactly what the Gemara means by this question because the wording is not clear but literally translated: do we follow the majority when it comes to limbs or do we not follow the majority when 17:07 it comes to limbs? 17:07 So the Gemara says what do you mean? 17:11 Heichi dami? What are we talking about? 17:13 אי נימא כגון שיצא רוב במיעוט אבר. So Rabosai, imagine the following case. 17:20 Now remember what we've established. 17:21 We've established that the animal has kedushas bechor the fetus or the baby when does that happen? 17:29 When the majority exits. 17:30 What happens in the following case? 17:32 What happens if 51 percent of the of the baby, alright, of the baby has come out but that majority is comprised of a minority of a limb? 17:42 Let me give an example of this. 17:45 51 percent of the animal has come out but 10 percent of that 51 percent is comprised of 49 percent of a hind leg okay? 17:52 Which means the majority of the hind leg is still inside the mother. 18:02 So technically the animal has exited but that majority is made of a minority of a limb. 18:08 Is that considered she-yatza rubo or lo yatza rubo? 18:11 So Rabosai, so the אי נימא כגון שיצא רוב במיעוט אבר, and והאי מיעוט אבר רוב אבר שדיי עליה, and now we imagine the shailah is like this. 18:19 האי מיעוט אבר בתר רובו שדינן ליה או בתר רובו דעובר שדינן ליה? So Rabosai, here's the shailah. 18:24 Do we say that the majority of the hind leg, I'm just using that as the example, the majority of the hind leg is in the mother? 18:31 Maybe the minority that has exited goes together with the majority of the limb in alright in which case what? 18:38 In which case we'd say the fetus hasn't come out or no? 18:43 Do we take the minority of the limb and put it together with the rest of the fetus irrespective of the fact that the majority of that limb is still in utero? 18:52 So Rabosai to which the Gemara says, פשיט בתר רובו דעובר ואזלינן בתר רוב אבר. 18:56 So the Gemara says that seems to be pashut. 19:02 It seems pashut that halacha le-ma'aseh we're not going to go ahead and say that the limb should go after the majority of its limb in utero and not go after the majority of the fetus. 19:12 In other words obviously the minority of a limb helps to comprise the majority of the fetus, we're just going to go ahead and attribute that minority of the limb to the majority of the fetus and not to the majority of 19:24 its limb that's in utero. 19:26 That's not our shailah that's obvious. 19:27 That's obvious. The Gemara says ella, rather what's the shailah? 19:30 This is very interesting. 19:31 כגון שיצא חציו ברוב אבר. So Rabosai this is fascinating. 19:37 Let's say 50 percent... 19:38 fifty percent. Now Rabosai, what happens when fifty percent is there? 19:43 What happens? What happens? 19:44 Nothing, right? And nothing, right? 19:47 Because remember again kedushas bechor doesn't devolve until fifty-one percent or rubo d'beheima in general. 19:51 This is a fascinating idea. 19:54 Nothing in life happens at fifty percent. 19:57 Nothing. Nothing, right? Fifty percent is neutral, right? 20:01 So what happens when the car is in neutral? 20:03 Nothing. I mean gravity will do its thing or whatever else but nothing, it's just such a profound thought. 20:08 Nothing ever happens at fifty percent. 20:11 If you want things out of life if you give fifty percent you'll coast. 20:17 You'll coast. Things only happen when you hit fifty-one percent. 20:21 And so here's the shaila. 20:23 So the animal is at fifty percent birth and it happens to be made up of the majority of a limb. 20:31 So for example, when that fifty percent has been birthed, that fifty percent is made up of what we'll call seventy-five percent of the hind leg. 20:39 Okay, so seventy-five percent of the hind leg has been birthed, twenty-five percent still remains in utero. 20:44 Okay, so what's my shaila? 20:46 התנא דבי רבי ישמעאל יצא חציו ברוב אבר. Oh. So maybe you should say like this: fifty percent of the fetus has been birthed, right? 20:56 Out of that fifty percent seventy-five percent of it is the hind leg, so twenty-five percent of the hind leg is still in utero. 21:02 Maybe you should say like this: maybe the twenty-five percent of the hind leg in utero should really be what? 21:07 Should really be considered as if it's birthed because it should follow the rest of its limb. 21:12 Oh. And if you view the remaining twenty-five percent as birthed, then what else occurs? 21:19 The majority of the fetus has been birthed as well. 21:23 Oh, that's a shaila. 21:26 And that's a shaila, right? 21:28 That's the Gemara's kashya. Rabosai, so here we're dealing with a case of where fifty percent of the animal has been birthed. 21:33 Out of that fifty percent, the majority of a limb, majority of the limb has remained inside. 21:38 So do we say that because the majority of the limb is inside we view the minority as if it's in utero as well? 21:45 And if you say that, then in fact the majority of the animal has actually been birthed and kedushas bechor will devolve. 21:50 Let's analyze it. יצא רובו הרי זה יקבר. 21:52 The halacha l'maise, once the majority of the animal has been birthed, you have to bury the limbs. 22:03 Why you have to bury the limbs? 22:03 Ileima rubo mamash, if we're talking about the actual majority of the animal, Rabosai, I don't need the mishna to tell me that once the majority of the animal has been birthed, that it's rubo kekulo. Rabosai, this is a mishna in Nazir. 22:22 This is a mishna in Kelim. 22:24 We see it all over the place. 22:27 Why you tell me here? 22:29 אלא לאו חציו ברוב אבר. Maybe the case ultimately is where only fifty percent of the animal is birthed, but out of that fifty percent is the majority of a limb and the mishna is telling me that the majority of the limb makes it as 22:43 if the minority of the limb has also birthed and that amounts to now the majority of the animal has been birthed. 22:47 Gemara says lo. כגון שיצא רובו במיעוט אבר. 22:50 No, that's not the case. 22:52 In fact the case is actually what we mentioned before. 22:54 The case is where the majority of the animal has actually been birthed, but in that majority of the animal that has birthed ultimately is the minority of a limb. 23:04 So this is going back to what we said before: fifty-one percent of the fetus has been birthed but in that fifty-one percent, that fifty-one percent is comprised of forty-nine percent of the hind leg. 23:15 Okay. And you might have thought that since only forty-nine percent of the hind leg has been birthed, we look at that forty-nine percent as if it's in utero and not exiting the mother and the animal doesn't have rov. Kamashmalan no, בתר רוב עובר ובהמה ואזלינן בתר אבר. 23:34 And Rabosai, this is what the mishna comes to teach. 23:36 That halacha l'maise, instead even though the majority of a limb has not been birthed, we don't look at that minority as if it's connected to the majority of its limb in utero, rather we look at the minority as connected to the 23:54 majority of the uber that has had birth. 23:56 That's the mishna here. 23:57 Even though only forty-nine percent of the hind leg has been birthed, and you might have said let the forty-nine percent be reckoned like the majority of the limb that's in utero, no. 24:08 Since the minority of that limb makes up the majority of the fetus that has birth, we attribute it to the fetus and not to the majority of its limb that is in utero. 24:22 Incredible. Ba'ei Rava. Rabosai, so let's analyze another shaila here. 24:25 So remember again Rabosai, so we defined a bechor, an animal has to be born. 24:33 So peter rechem as we've defined already number one means the majority of the animal has been birthed or according to Rav Huna, once the majority is birthed or the head comes out. 24:39 devolve retroactively. Number two: it has to be peter rechem, it has to be natural birth. 24:48 Natural birth as opposed to yotzei dofen. 24:49 Now the Gemara is going to add in another layer over here. 24:54 איבעי להו כרכו בסיב מהו. Betaliso mahu. But listen to this: let's say the farmer is helping the baby, he reaches into the womb of the animal and he wraps the fetus in something. 25:05 Don't ask why, but lemaise again, he's going ahead and he wraps the fetus in something. 25:11 Now again, what's the chap? 25:12 The chap over here is that the fetus is not touching the walls of the birth canal. 25:18 It is not coming along with the peter rechem. 25:19 Now peter rechem literally means it's coming out of the womb. 25:37 In this case over here the fetus is not touching the walls of the womb because there's something interposed, or in other words, to use our halachic lingo, what is there? 25:47 Chatzitza. There's a chatzitza. 25:49 So the shaila is would that prevent the animal from being peter rechem? Karcho besiv – let's come back, it's the stuff that grows on the palm of a tree, right. 26:05 Betaliso – or you wrap it in a garment. 26:06 Beshilya – or you wrap it in a placenta. 26:08 The Gemara says: wait a second, placenta? 26:14 Beshilya orchei hu. That's normal! The baby comes out of the placenta! 26:16 Ela beshilya acheres. Let's say again for whatever the reason there was no placenta around the fetus and you wrap it in another placenta. 26:29 Mahu? What is the law in those circumstances? 26:36 So the Gemara says: or כרכתו בשליה והוציאתו מהו. 26:40 What's the case over here? 26:41 Heichi dami? Rabbosai, obviously, now when we talk about wrapping, generally we're talking about wrapping the body. 26:51 If that means the head came out, okay, so once the head comes out there's nothing more to talk about. 26:55 Remember again as we saw before Rabbosai, once the head comes out it's considered to be birth, once it's birth ultimately again there's no more question. 27:02 אלא דנפיק דרך מרגלותיו, right, what we are talking about over here is breech birth. 27:08 We are talking about over here is that the animal is being birthed feet first. 27:12 So the Gemara says: or another case, Rabbosai, so another interesting case. 27:21 Let's say a weasel came along and literally again went into the womb of the animal, swallowed the fetus inside of the womb of the animal, and then again Rabbosai, remember Rabbosai, just so you understand, the Gemara always does this, right? 27:37 The Gemara always asks exaggerated questions. 27:40 But you have to try to remember again: what are we driving at over here, Rabbosai? 27:47 Just so you understand, this could have a variety of different ramifications. 27:52 Now you could have an animal, you could have an animal where the birth canal is very narrow, and therefore again the birth canal has to be opened up. 28:01 And what happens if you have a situation where nothing touches the walls of the birth canal? 28:10 So that's understand what the Gemara's driving at. 28:12 We're going to use extreme examples, but that's the point over here. 28:16 So the weasel gets into the womb, swallows the fetus, alright, swallows the fetus, vehotziato mahu. 28:22 The Gemara says: hotziato, I'll fix it! 28:25 What do you want? 28:26 He pulled it out, he pulled it out. 28:28 What more is there to talk about? 28:30 אלא דבלעתה ואשהתה והקיאתה ויצאה מאליה. All right. So Rabbosai, what happens? 28:40 The fetus gets in, swallows the fetus inside, the weasel swallows the fetus, then goes ahead, vomits the fetus out, and it comes out of the womb. 28:46 Fine. Again, just saying you think you have problems, you think you had a turbulent childhood? 28:55 So lemaise again, so the shaila is over here veyatza mei'eleha mahu. 29:02 Fine. Or let's finish up: הדביק שני רחמים ויצא מזה ונכנס לזה מהו. 29:06 Imagine again you've attached two animals, you've attached the wombs. 29:15 So what ended up happening? 29:16 Animal one birthed its young into the womb of animal two, and then animal two birthed the firstborn of animal one. 29:22 Now what's fascinating about this is as follows: because the peter rechem ultimately again is peter rechem. 29:26 The shaila Rabbosai is something very fascinating: if animal number two's womb is opened up but from the opposite side, right, in other words it is opened up by a fetus being put in it from womb number one, so the she'ilah is 29:45 when animal number two has its firstborn, and is that firstborn a peter rechem, is he a bechor or not? 29:54 Actually quite fascinating. ונכנס לזה מהו מי פטר דלא דידי לא פטר או דלמא דלא דידי נמי פטר? 30:02 So rabosai, that's the she'ilah. 30:03 Do we say ultimately again that it's only your own firstborn that ultimately again is the peter rechem, or not? 30:10 Or not? The Gemara leaves this as a teiku. 30:13 The Gemara leaves this as a teiku. Rabosai, so just to point out over here, what what is, rabosai, what is what is the mussar haskel? 30:21 So rabosai, number one, rabosai, number one, don't mock. 30:24 That's number one, don't mock. 30:26 There are things in this world that we don't understand and there are things that don't make sense to us. 30:29 But just to understand, just because something doesn't make sense to you, just because you think it's the most ridiculous thing in the world, be humble. 30:36 And humility says there's a lot of things you don't get for the simple reason, rabosai, that in the great cosmos of space, we are but a speck of dust. 30:45 So even though something might not make sense at the end of the day, humility is the prerequisite for personalistic greatness. 30:54 And humility always requires I don't understand this, I don't understand why this is even on the page, but that's okay, I'm just a person. 31:05 I'm just a person and I'm dealing, I'm treading waters in the divine. 31:09 Number two, rabosai, what is the mussar haskel? 31:11 Number two, is remember what's the sha'alah in all these cases? 31:14 The sha'alah in all these cases is that these are clear abnormalities, right? 31:17 In all of these cases it's just more abnormal and more abnormal after more abnormal. 31:22 But rabosai, what's the sha'alah? 31:23 The sha'alah is after all these abnormalities does the fetus still have kedushas bechor? 31:29 Which teaches us a tremendous mussar haskel. 31:31 We go through a lot of stuff in life, a lot of stuff in life. 31:34 And so often we feel like as we go through life we've lost our ability to be holy. 31:39 And the Gemara says even if a weasel gets into the womb, swallows it, vomits it back, does the hokey pokey, whatever else, you know, and then rabosai, you have kedushas bechor. 31:47 No matter what trauma one happens in life, we all go through trauma, we all have our turbulences, but no matter what one goes through the ability to find kedusha, the ability to find holiness, the ability to self-actualize always remains there. 32:04 So rabosai, let's go back there. 32:06 נפתחו כותלי בית הרחם. So rabosai, this is the same idea. 32:10 What happens if again the womb, נפתחו Rashi says over here four lines up from the bottom, נתרחבו וכשנחמץ לא נגע. 32:21 So rabosai, so this case, okay, a little bit more, a little bit more reasonable metzius. 32:25 The birth canal widens and it widens to the point where halacha lema'aseh the fetus never touches the walls. 32:32 So rabosai, so what happens? 32:35 So the Gemara says נפתחו כותלי בית הרחם אויר רחם מקדש מאי קדישא איכא? 32:41 So on one hand I can say maybe it's the air space of the womb that sanctifies, או דלמא נגיעת רחם מקדשא והא ליכא. 32:48 Maybe it's the air space of the womb or birth canal or what have you. 32:48 Sha'alah. So the Gemara says בעי מר בר רב אשי נעקרו כותלי בית הרחם. 32:48 What happens, rabosai, if literally again the walls of the womb were dislodged? 33:10 Mahu? na'akru halo ninhu. If they're not there, they're not there. 33:15 na'akru vesalu betzavara. So rabosai, this is fascinating. 33:20 Let's say, let's say again the walls of the birth canal were dislodged by some medical, whatever the medical issue that the animal had, and let's say, rabosai, whatever could have happened, this could have happened even during birth. 33:31 So the walls of the birth canal were around the neck of the fetus and the fetus is born through the walls, but yet again the walls are around the animal. 33:43 Mai? mekoman mikadesh? Do we say it's only when the walls are in their place that they consecrate, but if they're not in their place they don't consecrate? 33:50 או דלמא שלא במקומן נמי מקדש? Maybe not. Maybe again, rabosai, as long as there is contact between the animal and the walls of the birth canal, maybe that's kedushas bechor. 34:01 Why? בעי מיניה רבי ירמיה מרבי זירא. Rabbi Yirmeya asks a sha'alah from Rabbi Zeira. 34:06 ניגממו כותלי בית הרחם. So rabosai, listen to this, if the walls of the beis harechem were chipped. 34:13 Mahu? אמר ליה כנגע בבת דקא נגעת בבעיא דאיבעיא לן. You're touching on a question that we already brought up. 34:21 What did we ask there? 34:22 בעי מיניה רבי ירמיה מרבי אסי. This is interesting. 34:25 נקבו כותלי בית הרחם. So rabosai, let's say you have an animal with some type of condition where there are openings along the birth canal. 34:33 But let's say here literally again there's more of the birth canal intact than what's open. 34:39 What it means is עמד מרובה על הפרץ. 34:42 The intact part of the birth canal is greater than the dissolved, the open part of the birth canal. 34:49 Again Rabosai, you just have to imagine over here what's happening is along the birth canal, I'm not why I'm motioning on my thigh, but along the birth canal there's literally again like pieces of the animal missing. 34:59 So along the birth canal you have intact pieces, you have open pieces. 35:02 So if the open pieces are intact, excuse me, if the open pieces are more than the intact, and Veyatza derech poretz, but the animal came out of an open part of the birth canal, or עמד מרובה על העומד, or there's more dissolved part or open 35:16 part of the birth canal than intact, Veyatza derech omud, but it came out of an intact part of the birth canal, mai? 35:22 What's the shaila? Oh sorry, what's the status? 35:25 So תוספות לא איבעיא ליה, so the Tosafot is dealing with the fact that in this case the Tosafot at least had part of the birth canal intact. 35:39 אבל נגממו לא קמיבעיא ליה, Rabosai, if the actual parts of the birth canal were actually peeled away, there's not even a shaila, meaning if there is no intact birth canal, there's no way you can say that it has to be in order for it 35:55 to be a peter rechem there has to be an intact birth canal. 36:01 Incredible Rabosai. Omud. Mishnah. Beheimah shehikshah leileid. Rabosai, an animal has difficulty giving birth and its fetus died in utero. 36:11 והושיט הרועה את ידו ונגע בה, and the shepherd reached his hand into the womb of the animal and touched the fetus. 36:20 So Rabosai, the question that we have to ask over here is, does that fetus, again Rabosai, what's the status of this animal? 36:30 Animal dies without shechita, what's its status? 36:54 Neveilah. Neveilah, if you touch neveilah you become tamei. 37:06 So the question is, does that fetus convey tumas neveilah or not? 37:09 What's the halacha? Mishnah says: בין בבהמה טמאה בין בבהמה טהורה טהור. 37:12 So the tanna kamma says the fetus is totally tahor because the fetus does not convey tuma in any way. 37:21 רבי יוסי הגלילי אומר, Rabbi Yose HaGlili says: Rabbi Yose HaGlili says, yes, if it's a non-kosher animal ultimately again it's going to be tamei, but if it is a kosher animal ultimately again it's going to be tahor. 37:46 Okay, so we'll obviously have to explain this in the Gemara. 37:54 Let's analyze. מאי טעמא דתנא קמא? So Rabosai, what is the tanna kamma's logic? 38:10 Why if the fetus dies in utero it's not neveilah? 38:24 It's not neveilah. Vihara'ayah, if the shepherd reaches into the womb and touches the fetus, he's not tamei. 38:31 What's the pshat? אמר רב חסדא קל וחומר, it's a kal vachomer. 38:39 What's the kal vachomer? אם הואיל והותרה בשחיטת אמה באכילה, it's a kal vachomer. 38:44 If the shechita of the mother permits it for consumption without what? 38:47 Without its own shechita, then certainly again the life of the mother should prevent the fetus from becoming neveilah. 39:00 It's another way of saying the status of the mother determines the status of the fetus. 39:06 If the mother is shechted, so too the fetus is shechted. 39:09 If the mother is alive, the fetus is considered alive. 39:12 No matter what's going on inside, but lemaisa if the mother's alive, ultimately again the fetus won't be neveilah. 39:17 Incredible. Status of the mother determines status of the fetus. 39:21 Ashkechan be'veheimah tehorah, so that's fine with the kosher animal, right? 39:26 Because again Rabosai, the logic that Rav Chisda just espoused, he's saying that the shechita of the mother permits it for consumption, so too the very life of the mother prevents the ubar from becoming neveilah. 39:38 That's That logic works since ashkahan b'meit Torah. 39:41 But what about a non-kosher animal? 39:43 Ashkahan b'meit Torah? וכי ימות מן הבהמה אשר היא לכם לאכלה הנוגע בנבלתה יטמא עד הערב. So rabosai, if you have an animal and it dies and you touch it, you become tamei until the evening. 40:04 So the Gemara says וכי ימות מן הבהמה, the Gemara breaks up the pasuk. 40:08 When it says if an animal dies, zu behema t'meia. 40:10 This refers to a non-kosher animal. 40:13 אשר היא לכם לאכלה, that you're permitted to consume it, zu behema tehora. 40:18 This refers to a kosher animal. 40:20 הקיש הכתוב טמאה לבהמה טהורה. The Torah compares a non-kosher animal to a kosher animal. 40:26 מה בהמה טהורה עוברתה ואף על פי שמתה אין לה טומאת נבלה. Just like a kosher animal even if the fetus died in utero it does not have tumas neveila. 40:36 אף בהמה טמאה עוברתה. So too the same halacha applies by behema t'meia that as long as there is the life ultimately again of the mother, the fetus will not have tumas neveila in case it died in utero. 40:51 So rabosai, so this is the case as the chacham holds halacha l'maaseh if the fetus dies in the mother it doesn't make a difference, the fetus does not have tumas neveila, and the kal v'chomer if the shechita of the mother allows you to 41:06 consume the fetus then certainly the very life of the mother prevents the fetus from being neveila. 41:11 Incredible. However, Rav Yose HaGlili, now again rabosai, remember again Rav Yose HaGlili will say that it depends on the type of animal. 41:17 In a behema tehora, a kosher animal, ein hachinami the fetus will not be a neveila. 41:22 But in a non-kosher animal the fetus that has died in utero will be neveila. Rav Yose HaGlili, m'na hani mili? 41:30 אמר רב יצחק דאמר קרא כל ההולך על כפיו. So rabosai, listen to this. 41:35 So the pasuk says literally again, anything that walks on its paws. 41:39 Kapayim are paws or hoofs. 41:41 ובכל החיה ההולכת על ארבע לכל הבהמה טמאים הם לכם כל הנוגע בנבלתם יטמא עד הערב. So rabosai, so again Torah's speaking about over here, look at this. 41:50 כל הולך על כפיו וכל החיה ההולכת וכל החיה הטמאים הם לכם. So rabosai anything that walks on kapayim, on paws is what I have made tamei for you. 42:04 And again rabosai, kapayim the Gemara also understands over here means uncloven hoofs. 42:08 Uncloven hoofs. Right, so anything that has uncloven hoofs ultimately again is tamei for you. 42:15 Therefore again, and therefore again rabosai, Rav Yose HaGlili will say, therefore halacha l'maaseh if the fetus of a non-kosher animal dies in utero halacha l'maaseh again that is going to have tumas neveila. 42:30 That's it. So the Gemara says ela me'ata. 42:31 That's thinking, it says cloven uncloven hoofs. 42:34 קלוט במעי פרה ליטמא דהא כפיים בחייה הוא. Rabosai, we saw this case two days ago. 42:42 Kalut. Kalut is the case rabosai where you can have a kosher animal that has uncloven hoofs. 42:46 It has some kind of deformity. 42:49 So rabosai, so generally we say let's say again you have a cow, inside that cow you find a calf that has uncloven hoofs. 42:56 Normally the animal is still kosher. 43:00 But according to this logic, what's the logic ela me'ata? 43:03 According to Rav Yose HaGlili, kapot para litamei. Halacha l'maaseh you have a cow, the cow is pregnant and it has a calf that calf ultimately and let's say the calf dies in utero, that calf and let's say it has a deformity, it has uncloven hoofs, according to 43:16 Rav Yose HaGlili that should be tamei tumas neveila because again it is an animal with paws, it's an animal with uncloven hoofs. 43:23 The Gemara says מהלך ארבע ממהלך ארבע. 43:24 So the Gemara says no, no, think about this it means an animal that has four legs, right, four paws, an animal that has four paws. 43:36 Rabosai, what does it mean? 43:39 Four paws? No. Rabosai, when we say four that means really it's uncloven, it's uncloven. 43:45 Because if it's cloven the halacha looks at it as eight, eight. 43:49 So when do we say that the fetus is ultimately tumas neveila? 43:53 When an animal that walks on four inside of an animal that walks on four. 43:58 והאי מהלך ארבע ממהלך שמונה. But this kalut that dies inside the mother walks on four, but it's inside an animal that walks on eight and therefore again no tumas neveila. 44:12 All right, what about פרה במעי גמל לא תטמא? 44:14 So rabosai, if a camel is pregnant with a cow, now that's not, that's not what we're worried about over here. 44:26 We're just trying to find an instance, maybe not a cow either, it can mean some kind of deformity that makes it look like a cow. 44:35 The idea over here is that the camel has uncloven hoofs, ultimately again It begins but the cow has cloven hooves. 44:40 What it's saying is you have a case where it looks like it has cloven hooves. 44:44 פרה מגמל לא תטמא דמהלכי דמהלכי ארבע. Anything that walks on four. 44:47 Now listen, what if a camel is pregnant with a cow, and the fetus dies in utero? 44:54 That should—should not transmit tuma, why? 44:56 Because everything that walks, that comes to include anything—I'm sorry, פרה מגמל לא תטמא דמהלכי דמהלכי ארבע. 45:06 Chovekh ve-chovekh. Anything that walks, anything that walks, no, no, no, again one sec. 45:12 Kol ha-holech, anything that walks, that comes to include anything inside the womb. 45:18 So in other words, if you are in utero of a non-kosher animal, independent of the fetus's physical characteristics, halakha l'maiseh, it's tamei. 45:25 פרה מגמל לא תטמא דמהלכי ארבע דמהלכי ארבע. So let's say, so one second. 45:31 If that's the case, if you have a parah, let's say the mother is a parah, a kosher animal, and she's pregnant with a cow that has uncloven, and again the fetus in utero dies, it should also be tamei. 45:42 ומאי קשיא דרב חסדא. That's the kal v'chomer of Rav Chisda. 45:48 That's the kal v'chomer that if the shchita of the mother permits the fetus, then certainly what? 45:54 Then certainly the life of the mother prevents the fetus from becoming tamei. 45:59 מתקיף לה רב אחאדבוי בר אמי. But say first why, why. 46:03 חזיר ממי חזירה לא ליטמא דמהלכי שמונה דמהלכי שמונה. So let's say, so that's actually quite interesting. 46:12 Okay, we'll stop over here for today. 46:14 We'll pick up im yirtzeh Hashem with the chazir case tomorrow. 46:17 And let's see the halakha l'maiseh that when you have any animal, when you have the fetus die in utero, does the fetus get tumat neveilah or not? 46:26 We'll see the full resolution tomorrow. 46:29 Shkoach.
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