Transcript Translit עברית
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0:00 morning's shiur. To thank our Talmud Torah sponsors for the month of Tammuz, הבחור יהודה טוב יונן and Aviram for dedicating over Shimshon Drashos this month as a zechus for a refuah sheleima for אבי עזר בן אלישבע. 0:12 Daniel and Batsheva Pavlow for dedicating over Shimshon Drashos this month for the third yahrzeit of Rav Shlomo Vei, שלמה בן יהודה אריה זכרונו לברכה. 0:20 Yossi and Malky Cohen for dedicating over Shimshon Drashos this month in memory of Rabbi Doctor Nachum Schorr, רב נחום בן רב חיים יהושע הלוי זכרונו לברכה. 0:29 The week of learning sponsors, the Miller and Rosen families, le'ilui nishmas Doctor Joseph Miller, חיים יוסף בן ראובן זכרונו לברכה. 0:36 And our daf yomi sponsors for today, Alan and Sarah Steinberg in the zechus of continued health for שולמית חנה בת סושה and for an ultimate refuah sheleima. 0:45 We hope that in the merit of our Talmud Torah, all of the neshamos have an aliyah, the families nechama, all those that need a refuah sheleima together with kol cholei Yisroel. 0:56 And בעזרת השם הקדוש ברוך הוא, be'ezras Hashem continue to look after our brothers and sisters in Eretz Yisroel, provide our holy soldiers with shmira yeseira and hatzlacha, we should be zocheh to brachos, yeshuos, and nechamos for all of Klal Yisroel. 1:10 With that, let us begin. 1:12 We have an exciting daf ahead of us today, a lot of halacha l'maaseh be'ezras Hashem to catch up on as well. 1:19 Today's daf is Ayin Daled 74 and we are picking up literally on the top line. 1:24 יתיב רב יוסף קמיה דרב הונא ויתיב וקאמר. So Rav Yosef was sitting in front of Rav Huna and he was sitting and saying the following: אמר רב יהודה אמר רב. 1:34 Rav Yehuda said in the name of Rav, achal lazeh lokei. 1:38 If you eat this, you will get malkus. 1:41 What's the this? If you look at second line of Rashi, actually third line of Rashi, אכל לזה אבר המדולדל, a dangling limb. 1:48 So remember again because this is our topic that we were dealing with over here from yesterday. 1:54 The limb is dangling off the animal. 1:56 So now comes along Rav Yehuda in the name of Rav and says if you eat it, you get malkus. 2:03 Now again rabosai, for what? 2:05 In other words, presumably we'll discuss, but you get malkus. 2:08 אמר ליה ההוא מרבנן, so was a certain talmid chacham who was sitting there together with them and he said: lo tishmeu lei, don't listen to that, ignore, strike that, strike that. 2:18 הכי אמר רב יצחק בר שמואל בר מרתא משמיה דרב, because this is what Rav Yitzchak bar Shmuel bar Marta said in the name of Rav, אכל לזה אינו לוקה, that if you eat the dangling limb, if you eat this, you do not get malkus. 2:34 אמר ליה רב הונא אנן אמאן נסמוך, so Rav Huna is hearing this entire exchange, right? 2:39 So again rabosai, amazingly enough, Rav Huna is listening to this entire exchange. 2:43 Rav Yehuda said in the name of Rav that if you eat this, the dangling limb, you get malkus. 2:50 So then again comes along, comes along another talmid chacham and says don't listen to that, you don't get malkus. Rav Huna's listening to this and he says who should we, who should we depend on? 3:01 אהדרינהו רב יוסף לאפיה. Rav Yosef turned his head away. 3:05 Now Rashi points out over here, ahadrinehu bechas, he turned away in anger. 3:09 He wasn't, he was annoyed. 3:11 It really feels like it was a bit more annoyed. 3:14 אמר ליה מאי קושיא. Now again rabosai, now it's interesting that Rav Yosef would've gotten annoyed. 3:19 It seems to be that he's, that he's annoyed by Rav Huna's question because he felt that Rav Huna should have been able to figure it out himself. 3:29 So he says ultimately again, what's the kushya? 3:31 מאי קושיא כי אמרי אנא במיתה דעושה ניפול כי אמר איהו בשחיטה דאינה עושה ניפול. It's very simple. 3:37 It's very simple. It depends, did the animal die or was the animal shachated? 3:42 If the animal died, then rabosai, perhaps again halacha l'maaseh we pasken misa osa nipul. 3:47 Remember again from yesterday's daf, what does that mean? 3:50 That when the animal dies, essentially we view the limb as if it was detached already from the time the animal was alive, which essentially means what's the status of that limb? 4:00 Oso haever, it'll be eiver min hachai. 4:03 And then of course if you eat eiver min hachai, you're going to get malkus. 4:08 When the animal is shachated however, we do not view the limb as having fallen off during its lifetime and therefore halacha l'maaseh if you consume it, you won't get, you won't get malkus. 4:19 Take a look at Rashi, ki amri ana. 4:21 This is Rashi the last wide line on top. 4:24 ki amri ana delokei, so Rav Yosef says, so Rav Yosef said, when did I say that you get malkus, דלוקי משום אבר מן החי? 4:33 bemisa, that's when the animal died. 4:35 If the animal died by itself then ultimately again we view the dangling limb as if it fell off essentially a moment before death, in which case again it's eiver min hachai. 4:45 remember again rabosai, remember again we keep going back to this. 4:49 You say to yourself, what does it matter if it's eiver min ha-chai or neveilah? 4:54 Either way, if you eat it, you're getting malkus. 4:57 So remember again yesterday in Rashi we saw a very important distinction. 5:01 What was the distinction? 5:02 That for eiver min ha-chai, one is chayav if halacha l'maiseh one goes ahead and only if the entire eiver is intact. 5:09 However again, when it comes to neveilah, halacha l'maiseh even a kezayis of neveilah ultimately again is going to be problematic. 5:16 So again, it's a technical issue, but it's an important issue nevertheless. 5:20 So therefore again rabosai, this is the distinction that the Gemara is making. 5:25 The Gemara is suggesting that הלכה למעשה מיתה עושה ניפול. 5:28 When you have a dangling limb, if the animal dies through non-shechitah, the animal just died, then halacha l'maiseh we view the limb as if it was detached from the animal and therefore it's eiver min ha-chai. 5:40 שחיטה אינה עושה ניפול and therefore again what it sounds like over here from according to the Gemara right now, we'll see in the Rambam that halacha l'maiseh if you were to go and eat this limb, the limb is permitted through through shechitah, the limb 5:55 is just considered to be a piece of the animal and therefore again there would not be malkus of course if you were to go ahead and consume it. 6:05 Okay, so that's where the Gemara seems to be landing in this moment. 6:09 Misah oseh nipul שחיטה אינה עושה ניפול. That seems to be the fundamental distinction. 6:14 Okay, amar Rava. Fine. So Rava says as follows: מנא הא מילתא דאמרי רבנן מיתה עושה ניפול שחיטה אינה עושה ניפול. 6:21 So now rabosai, this is one of these interesting Gemaras. 6:24 Okay, so now you've told me the rule, right? 6:27 So you've told me again rabosai, remember we're focusing now dangling limb. 6:31 If the animal dies not through shechitah, we view the limb as having detached essentially in the last moment of life of the animal, in which case the limb itself is eiver min ha-chai. 6:42 If you shacht the animal, we view the limb as being attached to the animal and therefore permitted through the shechitah itself. 6:50 Now Rava says, where do you know that from? 6:53 Where where exactly, where does that concept come from? 6:56 מנא הא מילתא דאמרי רבנן מיתה עושה ניפול שחיטה אינה עושה ניפול דכתיב the Gemara says, oh I'll tell you because the pasuk says this is actually very interesting, this is a fascinating drasha. 7:07 וכל אשר יפול עליו מהם במותם יטמא. So again rabosai, the pasuk over here says, now this is talking about shratzim as we're going to see. 7:15 So the pasuk literally says, וכל אשר יפול עליו מהם במותם anytime one of these items when it's dead falls upon something else yitma, it will convey tumah. 7:25 מכל כלי עץ או בגד או עור או שק או כל כלי אשר יעשה מלאכה בהם במים יובא. Good. So the Gemara says וכל אשר יפול עליו מהם במותם יטמא l'miutei mai? 7:35 What does this come to exclude? 7:37 So the Gemara says eileima l'miutei mechayayim? 7:40 So it comes to exclude the following, that a sheretz cannot convey tumah while it's alive. 7:45 That's actually important halacha. 7:46 A sheretz only conveys tumah in its dead form. 7:49 So you take a a mouse, right? 7:52 The mouse is a good example of a sheretz. 7:55 Right, you take a mouse, you put a live mouse on something, obviously not good, not good right, but halacha l'maiseh doesn't convey tumah, only a dead sheretz conveys tumah. 8:04 The Gemara says we already know that minivlasam nafka. 8:07 The pasuk says v'chi yipul minivlasam. 8:09 What does neveilah mean? 8:11 Their carcass, which means that it's dead. 8:13 אלא שמע מינה מיתה עושה ניפול ואין שחיטה עושה ניפול. So rabosai, this is a fascinating drasha. 8:19 Rather, what do you see from here? 8:21 You see from here that it's only death which affects detachment. 8:25 Right, only death affects detachment. 8:26 Now where is the Gemara getting this from? 8:29 Because the pasuk says וכל אשר יפול מהם במותם that ultimately again when they die, when they die, there's some element ultimately again which detaches from them. 8:38 That's the idea. So therefore again, this is the idea that misah oseh nipul. 8:42 When the animal dies, something becomes detached. 8:45 What are we referring to over here? 8:47 The Gemara suggesting this is the din of the dangling limb. 8:51 Din of the dangling limb. 8:52 Okay, incredible. אלא שמע מינה מיתה עושה ניפול ואין שחיטה עושה ניפול. Rather see from here that yeah, death affects detachment ultimately again misah oseh nipul שחיטה אינה עושה ניפול. 9:02 Okay, אמר ליה רב אדא בר אהבה לרבא. So רב אדא בר אהבה says, I don't understand, I don't understand the drasha. 9:10 והא קרא בשרצים כתיב. Rabosai, just mentioned before, but this is not the topic of the pasuk. 9:15 Remember just to be fair, the topic of the pasuk itself is shratzim. 9:20 Has nothing to do with the topic you're trying to learn out from it. 9:24 Amar lei אם אינו עניין לשרצים דלאו בני שחיטה נינהו. So at the end of the day if it if if you can't apply it to fully apply it to shratzim, which are not bnei shechitah. 9:36 In other words rabosai, and therefore again, the Torah, what's bothering the Gemara over here is the Torah... 9:42 sorry, the Torah used lashon of bemosom, right? 9:45 So ultimately again, so Rashi points out over here: Why do you have to use the word bemosom? 9:51 Because even if there's no such thing as shechitah by shratzim. 9:54 So therefore halacha l'maiseh that word itself seems to be extraneous, so t'nei inyan l'behemah. 9:59 Ultimately again, if you don't need it to teach me the ikkar halacha of shratzim or the full halacha of shratzim because I can learn that out intuitively, then I can use it for behemah. V'akahti miba'i lei, but still I still need the pasuk for 10:14 shratzim I'll tell you why: K'ein misah. 10:17 Because shratzim only apply tumah in what we'll call their initial state of death. 10:21 What does this mean? 10:23 Lachim tmeim, yeveshin ein metamen. So another interesting halacha. Shratzim only convey tumah when they are moist. 10:28 In other words, when they are in their freshly dead state. 10:32 However again, if they're old dead, right, if they're dried out, then halacha l'maiseh they do not convey tumah. 10:38 To which the Gemara says not a problem: Trei bemisom ksivi. 10:42 Torah uses the word bemosom twice. 10:44 One bemosom is to teach me that it's only fresh dead shratzim or dead fresh shratzim that go ahead and convey tumah, and the other is that ultimately misah oseh niphul. Amar Rav Chisda. 10:55 So rabosai say again, therefore rabosai, just to pause for just a moment. 10:59 So therefore the Gemara seems to be reinforcing the previously established conclusion, which is misah oseh niphul, which means that when you have an animal that has a dangling limb and that animal died, we view that limb as if it's become detached during 11:14 the lifetime of the animal, and therefore that is eiver min hachai. 11:18 However, שחיטה אינה עושה ניפול. If you shecht an animal with a dangling limb, it sounds like from the Gemara here that that limb is going to be technically permitted. 11:28 Okay, that's where the Gemara is holding right now. 11:31 Amar Rav Chisda, Rav Chisda says as follows: Machlokes b'eiver d'ubar chai. 11:35 So rabosai now we're reverting back. 11:37 Remember again, we we got this eiver meduldul, this dangling limb, was a bit of a tangent that was introduced to us on the bottom of on the bottom of yesterday's daf, on the bottom of עין גימל עמוד אלף, as a machlokes between Reish Lakish and 11:52 Rabbi Yochanan, which reverted back to the Mishnah between a machlokes between Rabbi Meir and the Chachamim. 11:58 Remember again that machlokes was our original machlokes of where you had the ubar that extends its foreleg, right, while the mother is still alive, you shecht the mother, what is the status ultimately again of the foreleg? 12:11 Rabbi Meir is ultimately neveilah and therefore is metamei the rest of the ubar, and Chachamim treifah shechutah, which we established in yesterday's daf really is tahor except when it comes to kodshim. 12:21 So Rav Chisda says, Amar Rav Chisda: Machlokes b'eiver d'ubar chai. 12:25 The machlokes that we have is only ultimately again by the eiver of a live ubar, אבל באבר דעובר מת. 12:32 What happens if the extended limb, now the ubar died? 12:35 Let's say if the ubar extended its limb and then died, דברי הכל שחיטה עושה ניפול. 12:40 Everyone agrees that ultimately again shechitah affects as if the limb is detached. 12:45 V'Rava amar, Rava says: כמחלוקת בזה כך מחלוקת בזה. 12:48 The same way there's a machlokes in this one, so too there is the machlokes in that case. 12:54 Okay, so rabosai an extra added piece over here. 12:57 Before we go on, before we finish up the sugya, because the last part of this Mishnah is really talking about a different kind of case. 13:05 So just just actually you know what let's let's finish up because we have a Mishnah on the bottom of the daf, let's finish up this sugya, then we'll go back and we'll do the two pieces of halacha l'maiseh. 13:18 So rabosai in this last piece of the Mishnah, the Mishnah said as follows: Ben shmonah chai, ein shechitah m'taharaso, לפי שאין במינו שחיטה. 13:26 So rabosai, this was an interesting case. 13:29 This is what happens if halacha l'maiseh you go ahead and you have an eight-month-old baby that's living. 13:35 So again, generally when it comes to animals, the assumption is that eight-month-old is not viable. 13:40 Is not viable. So the Gemara says if you have a ben shmonah chai, a living eight-month-old, ein shechitah m'taharaso, the shechitah doesn't work, why? 13:48 לפי שאין במינו שחיטה. Because at the end of the day, at the end of the day halacha l'maiseh, there's no shechitah for this type of min because it's considered to be non-viable. 13:59 Now, Rashi in the Mishnah said she-yesh... 14:01 sorry, no, sorry, no, good, fine, that's it. 14:04 Now let's see the Gemara. 14:06 Let's see the Gemara. 14:07 So ve-tanya, the Gemara says ben shmonah chai, what we learned in a Baraisa that an eight-month-old, that an eight-month-old fetus can live, we learned that it can live. 14:17 So the Gemara says: ve-tanya בן שמונה חי יוכיח שאף על פי שיש במינו שחיטה ein shechitato metaheraso. 14:23 And Rav Chisda says, rabosai, that even though what we say שאף על פי שיש במינו שחיטה Which means even though categorically, categorically it is subject ultimately again to shechita, nevertheless shechita doesn't work. 14:34 Amar Rav Kahana יש במינו שחיטה אגב אמו. No, no, no. 14:37 What that means when we say that an eight-month-old fetus can be permitted through shechita, what that means is as a, right, as a ben pakua, that in other words ultimately if you shecht the mother and you open up the mother and 14:52 then you find that there's an eight-month-old fetus in there, that that fetus is permitted ultimately through its mother. 14:58 אי ותנא דידן מינה דאימיה לא פריך. Our mishna's not talking about those kind of cases. 15:03 Our mishna was talking about ultimately again only birthed animals and ultimately again at what point they become permitted. 15:10 ולהאי תנא דפרח טריפה דשחיטתה מטהרתה מנא ליה? And again also for our tana that ultimately again asks the question that by a treifa the shechita can be metaheret, from where does he learn this? 15:21 נפקא ליה מדרב יהודה אמר רב. No, it's from רב יהודה אמר רב. דאמר רב יהודה אמר רב, and some say it's a matnita tana, amar kra: וכי ימות מן הבהמה. 15:31 The pasuk says, and also this is actually an interesting lashon. 15:35 Now, the context of the pasuk is וכי ימות מן הבהמה אשר היא לכם לאכלה הנוגע בנבלתה יטמא עד הערב. 15:42 Pasuk is actually talking about neveila, that if you have an animal that died, that ultimately its neveila conveys tuma. 15:48 Now also, interestingly enough, what the Gemara's highlighting over here is וכי ימות מן הבהמה. 15:53 Now interestingly enough, a straight reading of that pasuk is, if a part of the animal will die. 15:59 So the Gemara says מקצת בהמה מטמא ומקצת בהמה אינה מטמא. 16:03 Ultimately again, literally, part of an animal could be metamei and part of an animal is not metamei. 16:09 What's that case? ואיזו זו זו טריפה ששחטה. 16:11 This is talking about again an animal that was a treifa that ultimately again was shechted. 16:17 Which also again, remember, what does that do? 16:19 What does that do? 16:21 That goes ahead and allows you to save the animal from tumat neveila, even though it will not permit it for consumption, we'll save it from becoming a neveila. Ba'ei Rav Oshaya. Rav Oshaya then asks another shaila. 16:33 הושיט את ידו למעי בהמה ושחט בן תשעה חי מהו? So also this is a fascinating case. 16:39 Let's say the shochet extended his hand into the womb of the mother. 16:43 The mother is carrying a living nine-month fetus, fully viable fetus, and the shochet shechted the animal, shechted the fetus inside of the mother. 16:51 Very skilled, right, inside of the mother. 16:53 So also what's the halacha? Mahu? 16:55 What is the status over here? 16:57 So דבעי רבי מאיר ודבעי רבנן. So there's a shaila according to Rabbi Meir and rabanan. Deba'ei Rabbi Meir, so also the shaila is according to Rabbi Meir: עד כאן לא קאמר רבי מאיר בן פקוע טעון שחיטה הני מילי היכא דנפק לאויר העולם. 17:12 Now also, we have not seen this yet. 17:15 Now we have taken it for granted because that's the way the sugya was introduced, that when you shecht the mother, the fetus inside is automatically permitted. 17:23 We are going to see that Rabbi Meir disagrees with that and Rabbi Meir holds that with a full-term fetus, it is not permitted with the shechita of the mother, but rather requires its own shechita. 17:35 Now watch this case. 17:37 In this case over here, the shochet is extending his hand into the womb of the mother and is shechting the fetus inside of the mother. 17:45 So the Gemara says like this: So according to Rabbi Meir: עד כאן לא קאמר רבי מאיר בן פקוע טעון שחיטה הני מילי היכא דנפק לאויר העולם. 17:54 Maybe Rabbi Meir only holds that a ben pakua requires shechita when? 17:58 When the baby is birthed. 18:00 However again: הני מילי היכא דנפק לאויר העולם אבל במעי אמו לא. Or maybe again, but who knows, maybe halacha lemaseh if you shecht it inside in utero that doesn't work. 18:10 O dilma, even according to rabanan, maybe it does work. 18:13 ד' סימנים אחשביה רחמנא. Again a ben pakua also could be permitted with four simanim. 18:18 What does it mean four simanim? 18:20 Again, you could either shecht the ben pakua, you could either shecht the baby either through its mother or you could shecht it itself. 18:28 But maybe again halacha lemaseh in utero shechita ultimately works. 18:32 Amar Rav Hananya: Ta shema: הרי שנולדה טריפה מן הבטן. So also remember again, the braita talks about a case of where an animal was born as a treifa. 18:41 It was born as a treifa. 18:43 ואי איתא משכחת לה דהוות לה שעת הכושר. Now again also this is the case that really you could never have what's called an animal born as a treifa. 18:53 Why? Because if shechita is possible in utero, then what? 18:56 Then that means it wasn't born a treifa because it was possible to have done shechita in utero. 19:02 To which the Gemara says: דאי בעי עייל ידיה ושחטיה. 19:05 You could have shechted it in the womb. 19:08 Amar lei Rava: No, no, no. 19:10 תני שנוצרה טריפה מן הבטן. That's not true. 19:13 You can still have a case ultimately again. 19:15 of where the animal was originally created as a treifa. 19:19 What would be a good case of that? 19:21 משכחת לה בבעלת ה' רגלים. So for example if an animal's born with five legs, so interestingly enough even I don't think we have this in the listing, but again apparently it is a treifa if the animal's born with an extra leg, that by definition 19:36 is a treifa animal and that would be an example of where the animal's treifa already from the beginning of its creation. 19:44 Okay, rabosai, so the Gemara leaves this question, the Gemara leaves this as an open-ended as an open-ended issue about halacha l'maaseh in uber shechita. 19:52 So rabosai, so first of all, shkoach, we just finished the sugya. 19:56 Now let's tie up our loose ends. 19:58 So first of all, number one, number one let's go back to our mishna. 20:03 Our biggest machlokes in the mishna is what do you do in the case of where the mother is alive, a fetus extends its foreleg, then you shecht the mother. 20:13 Then you shecht the mother. 20:15 So again rabosai, so the shaylah is what's the status of that foreleg? 20:19 That was the raging dispute between Rabbi Meir, between Rabbi Meir ultimately again and the Rabbanan. 20:24 So remember again, Rabbi Meir said that halacha l'maaseh, shachat bach, so remember again, this is just to point out, right? 20:31 You went ahead, just one more time. 20:33 Timing is very important over here. 20:35 Fetus extends its foreleg while the mother is alive, you shecht the mother, you cut off the foreleg. 20:41 What's the status ultimately again of the foreleg? 20:44 So remember again, Rabbi Meir, foreleg is neveila, foreleg is neveila and therefore ultimately again if it's neveila it also conveys tumah back to the fetus, halacha l'maaseh. 20:53 Okay, Chachamim said, treifa shchutah. 20:55 This was the big big machlokes we had in everything. 20:58 So rabosai, so first of all, here's the way the Rambam paskens. 21:02 This is in hilchos avos hatumah halacha chaf. 21:05 Here it is. The Rambam says: בהמה המקשה לילד והוציא עובר את ידו וחתכה ואחר כך שחט את אמו. 21:11 So again rabosai, so this is our case. 21:14 This is an animal that's having difficulty in labor. 21:17 So again, the details, that detail's just how the Gemara presents it but it doesn't it doesn't really matter. 21:23 So what happens? So the uber goes ahead and extends its foreleg, that's step one, step one. 21:29 And then afterwards you shecht the mother. 21:31 That's our case. That's our case. 21:33 האיבר שנחתך נבלה ושאר העובר ultimately tahor. Okay. 21:36 So that's the case. 21:37 So again rabosai, so just to point out over here, in this case over here what's happening is as follows. 21:44 You see animal extends its leg, right? 21:46 Uber extends its leg, then shachat es imo, this is really our case. 21:50 שחט את אמו ואחר כך חתך האיבר. What happens if step one, right step one, uber extends its leg. 21:56 Step two, you shecht the mother. 21:58 Step three, you cut off the eiver? Ketreifa shenishchatah. 22:01 Ultimately again it has the status ultimately again of a shechted treifa, which essentially means ושאר בשר עובר מגע טרפה שחוטה שהיא מטמאה הקודש אבל לא את התרומה. 22:11 Again, so rabosai, halacha l'maaseh we pasken like the Chachamim. 22:14 That's how we pasken, not like Rabbi Meir, we pasken like the Chachamim. 22:18 So therefore again step one the uber extends its foreleg, step two you go ahead and shecht the mother, step three you cut off the foreleg, the foreleg effectively is going to be tahor unless of course halacha l'maaseh, unless of course halacha l'maaseh 22:33 it's kodshim, in which case again it will convey tumah, but we'll leave kodshim cases on the side for now. 22:39 So step, I'm sorry. 22:41 Uber's going to be muttar. Uber's going to be, I'm sorry, tahor, I'm sorry, muttar l'achila. 22:46 Now again let me let me thank you let me clarify this. 22:50 The uber itself of course is muttar l'achila. 22:53 Why? Why how is it muttar? 22:55 Through the shechita of the mother. 22:57 Right so that that's never in question, right? 22:59 What's only in question over here is what's the status of the extended foreleg? 23:04 So halacha l'maaseh, the extended foreleg has the status of treifa shchutah, so the extended foreleg assur b'achila, ultimately again uber muttar b'achila. 23:11 Good, that's going to be, therefore rabosai, so these are the two cases of the Rambam, right? 23:17 So case number one, case number one just want to point out. 23:21 Case number one is where the animal, right? 23:24 Remember, the neveila extended its foreleg, extended its foreleg, step, let me clarify these two cases. 23:29 Case one: animal extended its foreleg, you cut off the leg, then you shecht the mother. 23:34 In that case rabosai again that foreleg is neveila. 23:37 That foreleg is neveila, right? 23:39 Which which makes sense. 23:40 Which makes sense, right? 23:42 It's not going to be eiver min hachai, right it can't be eiver min hachai because it comes from the uber, the uber is not chai, so that's going to be neveila. 23:52 That, right that's a little bit that's a little bit easier to understand. 23:56 The rest of the uber is going to be fine in that case, permitted through shechita of the mother. 24:03 Case number two So again ubar extends its foreleg, extended foreleg, shacht the mother, and then cut off the foreleg, ultimately foreleg is treifah shchutah, which means again it does not convey tumah, ubar is going to be permitted. 24:16 Good. So rabosai, bottom line halachah le-ma'aseh, we pasken like Rabbi Meir. 24:20 What about case two? 24:21 Case two was the dangling limb. 24:23 What do we do in that case? 24:25 What is the status of that limb? 24:28 So rabosai, here, here the Rambam paskens, same perek, same perek in Hilchos Avos Ha-Tuma'os, just a couple of halachos earlier. 24:35 Listen to this. הבשר או האבר המדולדלין בבהמה או חיה שאינן יכולין לחיות ולהדבק בשאר הגוף. 24:40 So rabosai, our case over here, you have a dangling limb. 24:43 And remember, what's the definition of a dangling limb? 24:46 It cannot reattach, right? 24:48 It's not going to be healed, it's not going to reattach. 24:51 What's the halachah? אינן מטמאין כנבלה כל זמן שהבהמה בחיים והרי הן כשאר אוכלין המוכשרים לקבל טומאת אוכלין. 24:57 So rabosai, the halachah is, interestingly enough, that ultimately it cannot go ahead, it does not, it's not neveilah. 25:04 Even though it's dangling, it's not neveilah. 25:06 Now watch this. נשחטה הבהמה הוכשרו בשחיטה. 25:08 If halachah le-ma'aseh again, you shacht the animal, if you shacht the animal, ultimately again it becomes huchshar lekabel tumah, right, once it's shachted. 25:16 ואין מטמאין כנבלה שאין השחיטה עושה אותן כמי שפירשו בחיים. So rabosai, this is incredible. 25:21 So halachah le-ma'aseh, halachah le-ma'aseh, ultimately again, once if you shacht the animal, the limb is part of the animal. 25:28 The dangling limb is considered to be part of the animal and therefore halachah le-ma'aseh does not have the status of neveilah. 25:35 So rabosai, so we pasken, and this is very important, שחיטה אינה עושה ניפול. 25:40 Shechitah does not affect detachment of the limb. 25:42 When you shacht an animal that has a dangling limb, that dangling limb is considered to be part of the slaughtered animal. 25:50 However, however, אבל אם מתה הבהמה הבשר המדולדל בה צריך הכשר והאבר מטמא משום אבר מן החי. So rabosai, so watch this. 25:57 However, if the animal dies on its own, then halachah le-ma'aseh we view the animal as if it, sorry, we view the limb as if it detached at the moment before the death of the animal and therefore again it is considered ever min ha-chai. 26:12 So rabosai, so pretty much the Rambam says we pasken exactly like the conclusion of the gemara itself. 26:18 Therefore again rabosai, here's what to remember: שחיטה אינה עושה ניפול. 26:21 If you have an animal with a dangling limb and you shacht the animal, the limb is considered to be fully part of the animal, right, fully part of the animal. 26:32 However, if the animal dies, misah osah nippul. 26:34 Ultimately again we view the limb as if it detached, literally again like one moment before the death of the animal, and therefore again the dangling limb will actually have the status of ever min ha-chai. 26:46 Incredible, incredible. So rabosai, that closes out the sugya conclusively. 26:49 Good. We got good halachah le-ma'aseh there as well. 26:52 Mishna on the bottom of עין דלת עמוד אלף. השוחט את הבהמה ומצא בה בן שמונה חי או מת או בן תשעה מת. 27:00 So rabosai, so now rabosai, fascinatingly enough, here's what I want to point out. 27:05 This is actually the mishna of Ben Pekua, right? 27:08 This is actually the mishna where we see the actual halachah of Ben Pekua itself. 27:13 So watch this. You shacht an animal. 27:15 You open up the mother. 27:17 And what do you find inside of it? 27:19 ומצא בה בן שמונה חי. You find either a living eight-month-old fetus, o mes, or for that matter again it's already deceased, או בן תשעה מת, or for that matter again a dead nine-month fetus. 27:31 What's the halachah? קורע ומוציא את דמו. 27:33 So rabosai, the lashon of kore'ah means literally Rashi says she-ein tzorich shechitah. 27:37 You do not need shechitah. 27:39 And rabosai, kore'ah means that literally again you could just rip it apart and eat it. 27:44 So that's the expression. 27:46 Everyone see the lashon of kore'ah? Rashi points out, if you look at Rashi in the mishna, it's five lines up from the bottom. 27:54 קורע שאין צריך שחיטה ומודה רבי מאיר בהו דאסור מכל בהמה. So we'll get to that in just a moment. 28:00 So kore'ah just means it doesn't need shechitah. 28:03 You could just eat it. 28:05 You could just eat it. 28:06 Why? Because it's permitted through the shechitah of the mother. 28:10 Okay, incredible. However, what the gemara does say is motzi es damo. 28:14 Now as much as this fetus does not require shechitah because it is permitted with the shechitah of the mother, however what you do have to be mindful of is blood. 28:24 Blood. Obviously again blood is still blood and the halachah is you're not allowed to eat blood. 28:29 So whereas you don't need shechitah you absolutely have to get rid of the blood of the animal. 28:35 Fine. That's case one. 28:37 That's case one. מצא בן תשעה חי. 28:39 Now rabosai, now watch this. 28:41 Case number one is you find either an eight-month-old fetus, eight-month means not fully developed, or fully developed dead fetus. 28:47 In those cases everyone is agreeing that the ubar, the fetus is permitted through the shechitah of the mother. 28:54 You could just tear it up and eat it, right? 28:57 Case two. מצא בו בן תשעה חי. You find a living full-term fetus inside of the mother after you shacht the mother. 29:04 What's the halacha? טעון שחיטה וחייב באותו ואת בנו דברי רבי מאיר. 29:08 Oh, was- here it is. 29:10 This Reb Meir we just made reference before. 29:12 Reb Meir holds, l'halacha l'maisa, the din of the din of ben pakua only applies either to a dead fetus or to a non-fully formed fetus. 29:21 But if you shacht the mother, you open it up and you find a living nine-month fetus, Reb Meir says, that's its own animal. 29:29 That's its own animal and that animal requires shechita before you go ahead and eat it. 29:34 Not only that, but that animal is actually subject to other halachos as well. 29:39 For example, there's a halacha of אותו ואת בנו לא תשחטו ביום אחד. 29:43 You may not go ahead and shacht an animal and its young and its offspring on the same day. 29:49 So again, Reb Meir says that would apply to a fully formed nine-month fetus. 29:54 Incredible. Vechachomim say no, shechitas imo meta-araso. 29:56 So also the chachomim disagree, the chachomim say it doesn't matter whether the fetus is nine months, seven months, alive, dead, it makes no difference. 30:05 When you shacht the mother and you open up the mother and you find the fetus in there, that fetus is automatically permitted with the shechita of the mother. 30:14 Amud bais. Reb Shimon Shezuri, Reb Shimon Shezuri says אפילו בן חמש שנים. 30:19 Listen to this. Now you're going to say this is just fascinating. 30:23 Reb Shimon Shezuri, so let's play this out. 30:25 Reb Shimon Shezuri says, let's say you shachted the mother, you opened up the mother, you found a fully viable living nine-month fetus. 30:33 You weren't hungry that day, you just had a big milchigs dinner, right? 30:37 So you weren't hungry that day, so what happens? 30:40 The fetus goes and the fetus starts running around. 30:43 And now that fetus, that fetus, right? 30:45 זה קטן גדול יהיה. That fetus now boruch Hashem is a five-year-old calf running around and it's plowing and it's this right? 30:53 doing all the things that young calf'll do. 30:55 What happens? Besodeh, right? 30:57 What's the halacha? Vechoresh besodeh, it's plowing. 30:59 Shechitas imo meta-araso. You decide one day that cow, right? 31:02 that cow is now plowing in the field, you decide to go over to it and take a bite out of it, Reb Shimon Shezuri says, weird but okay, right? 31:12 weird but okay, it's mutter. 31:14 Why- or what's it where Reb Shimon Shezuri seems to be saying is, halacha l'maisa, even if for some reason you do not eat that calf, or you do not eat that fetus as a fetus, but halacha l'maisa you allow it to live, 31:28 that fetus will never need shechita. 31:30 Even it grows up into a calf, into a cow, it is considered to be shechted and halacha l'maisa even again if you allow it to progress into maturity it never acquires- shechitas imo meta-araso. 31:42 It will never need shechita and halacha l'maisa it is permitted through the shechita of the mother. 31:48 קרא ומצא בה בן תשעה חי טעון שחיטה לפי שלא נשחטה אמו. So raboisai, so we'll see what this last case is. 31:55 If you open it up and you find a living, living, living nine-month fetus, ultimately again that is going to go ahead and require shechita, לפי שלא נשחטה אמו. 32:04 Again raboisai, this last case in the mishnah is a totally different case. 32:09 If you notice again, it's kara. Kara means what happens if you have the mother, you cut open the mother, not shechita. 32:16 Not shechita. You go over to a cow, you cut the cow open, not shechita, and you find a living nine-month fetus in there, that living nine-month fetus will require shechita before eating it. 32:27 Why? Why? Because even the chachomim agree that the only time that a fetus becomes permitted for consumption without its own shechita is when- when the mother was shachted. 32:37 But if the mother was never shachted, but you just extracted the fetus from the mother and again it's a living viable fetus, halacha l'maisa it's going to require its own shechita. 32:47 Okay, raboisai, incredible. So this is the mishnah of ben pakua. Raboisai, so just to review quickly, here's what the mishnah gave me. 32:55 Case- mishnah started with the first case because that's the case where everybody agrees even Reb Meir. 33:01 That was the case where you shacht the mother, you open up the mother, what do you find? 33:07 Either an eight-month fetus, which is considered to be generally non-viable, or a dead nine-month fetus. 33:12 In that case everyone is agreeing that the fetus is permitted through the shechita of the mother, even Reb Meir agrees with that. 33:20 Case number two is you open up the mother and what do you find? 33:24 You shacht the mother, you open up the mother what do you find? 33:28 What do you find? 33:30 A fully viable nine-month fetus, nine-month-old living fetus. 33:32 In that case Reb Meir says no, has to have its own shechita, the chachomim say no, that's a ben pakua and it's permitted ultimately again through the shechita of the mother. 33:43 Those are the two primary cases. 33:45 Reb Shimon Shezuri, it's not clear what exactly what he's adding over here, we'll have to see. 33:51 But l'maisa he says that even if you allow this nine-month-old fetus to grow up and become an adult, halacha l'maisa whenever you want to eat it. 34:00 you could eat it, you could eat even with eat eat even without Shechita. 34:04 And the last ruling in the Mishnah is that Halacha L'maiseh if you don't do Shechita, but you just go ahead and rip open the mother, right? 34:13 You tear open the mother and ultimately again you find a fetus inside of that mother, fully formed fetus, Halacha L'maiseh is going to require its own Shechita. 34:22 Okay, rabosai, a lot of information, let's get to it. 34:26 Says the Gemara: אמר רב אלעזר אמר אושעיא לא הלכו בו אלא על עסקי שחיטה בלבד. 34:31 Okay, so rabosai, this is actually an interesting statement. 34:34 So when we say that Halacha L'maiseh that you shecht the mother, right, and you find the fetus in there, and that the fetus is permitted through the Shechita of the mother, that is only true in Hilchos Shechita. 34:47 In other words, the only thing we're meikel for this fetus is when it comes to Hilchos Shechita, right? 34:53 But Halacha L'maiseh in all other areas of Halacha, a fully formed fetus found in the womb of the mother after Shechita is going to be treated like its own animal. 35:03 So rabosai, here's what's happening over here. 35:06 Rav Elazar in the name of Rav Oshaya: the only thing we're meikel over here is in terms of Shechita, but for everything else, Halacha L'maiseh this is considered to be a bona fide animal. 35:17 So the Gemara says, okay, like what do you mean? 35:21 L'mi'utei mai? L'mi'utei chelbo v'gido. So rabosai, what it means is that its cheilev is going to be assur and its gid hanasheh is going to be assur. 35:30 So again, rabosai, this is very interesting. 35:32 So when we say that Halacha L'maiseh you could be meikel and you find a fully formed, like living nine-month fetus inside of the mother, and we say again that Halacha L'maiseh it means that for Shechita purposes the fetus is permitted through the 35:47 mother, but in all other respect, that nine-month fetus, that living, is its own animal. 35:52 So therefore its cheilev is going to be assur, its gid hanasheh is going to be assur. 35:57 To which the Gemara says, hold up. 36:00 Chelbo d'mai? What are we talking about over here? 36:03 The Gemara says ileima chelbo d'shalul, if we mean ultimately if you're talking about literally the cheilev of the fetus, miflag pligi. 36:10 That's a machlokes. D'tanya: גיד הנשה נוהג בשלול וחלבו אסור דברי רבי מאיר. 36:14 So rabosai, so Rabbi Meir holds that gid hanasheh, the prohibition of the gid hanasheh, as well as the prohibition of cheilev, applies ultimately again to a shalul, to a fetus. 36:24 רבי יהודה אומר אינה נוהג בשלול וחלבו מותר. Wow, Rabbi Yehuda holds that no, rabosai, Rabbi Yehuda holds in general that Halacha L'maiseh the prohibition of cheilev and the prohibition of gid hanasheh do not apply to a fetus. 36:37 To which the Gemara says אמר רב אושעיא מחלוקת בבן תשעה חי. 36:41 Ultimately, where does the machlokes apply? 36:43 The machlokes applies ultimately again in a nine-month-old living fetus. 36:47 והלך רבי מאיר לשיטתו ורבי יהודה לשיטתו. And both Rabbi Meir and Rabbi Yehuda again hold of their respective shittas, which rabosai makes sense why? 36:55 Because Rabbi Meir holds that what? 36:57 Rabbi Meir holds that a nine-month-old living fetus found inside of its mother is what? 37:02 Is what? Is a bona fide animal. 37:04 Right? V'ma re'aya? He holds that if you shecht the mother, you cut open the mother, you find in there a nine-month-old living fetus, what's the Halacha? 37:13 You have to shecht that animal on its own. 37:16 Right? That animal requires its own Shechita. 37:18 So then it makes sense Rabbi Meir will also hold that that animal is subject to the prohibition of gid hanasheh and cheilev. 37:26 On the other hand, Rabbi Yehuda holds that if you shecht the mother and you find inside the mother a fully, right, a fully a fully a fully formed nine-month-old fetus, Rabbi Yehuda holds it doesn't require its own Shechita. 37:39 It's part of the mother, which using that logic would also mean that what? 37:44 That Halacha L'maiseh there is no din of cheilev and there is no din of gid hanasheh. Ella, rather the Gemara says חלבו דגיד מפלג פליגי. 37:52 Rather, again rabosai, we're talking about over here actually is the cheilev surrounding the gid hanasheh itself. 37:58 That's the machlokes. Here we go. 38:00 D'tanya: gid hanasheh, when it comes to the gid hanasheh itself, מחטט אחריו בכל מקום שהוא וחותך שמנו דברי רבי מאיר. 38:07 Rabbi Meir holds, rabosai, that when it comes to the gid hanasheh, the sciatic nerve, so again what do you have to do? 38:15 So rabosai, remember again, technically speaking, remember you could eat the meat surrounding the gid hanasheh as long as what? 38:21 As long as you sufficiently remove the sciatic nerve. 38:24 So the Baraisa says like this: gid hanasheh, when it comes to the gid hanasheh, mechateit acharav, which literally means you have to root out around it, right, b'chol makom all around it, וחותך שמנו דברי רבי מאיר, and you have to remove the fat which surrounds it as well. 38:41 Rabbi Yehuda omer, Rabbi Yehuda says you don't have to do that, rather gumo min hashufi. Rabbi Yehuda says you have to do even more. 38:49 Gumo min hashufi, which literally means you have to remove even more. 38:53 Gumo means literally to level out. 38:55 In other words, it's not just enough even to go ahead and get the nerve and get the surrounding fat, but rather you have to scoop out a little bit more until you level it out with the rounded part of the 39:09 bone. Okay. אלא אי אתמר הכי אתמר. Rather, rabosai, if you want to bring the machlokes, here's how you have to reframe it. 39:16 אמר רב אלעזר אמר רבי אושעיא לא נחלקו אלא על עסק אכילה בלבד. So rabosai, now watch this. 39:22 When do we say that halacha l'maisa, a ben pakua, that if you find a nine-month-old fetus inside of the mother, that it is permitted with the shchita of the mother? 39:33 When is that? That is only when it comes ultimately again to consumption. 39:37 That halacha l'maisa, if you find a fetus inside of the mother. 39:41 Now again, rabosai, we're talking about over here a fully formed fetus. 39:45 You find a fully formed fetus in the mother. 39:48 That halacha l'maisa, it is permitted with the shchita of the mother. 39:52 When is that so? 39:53 That's for consumption. That's for consumption. 39:55 However, the gemara says, however, על עסק אכילה בלבד. 39:58 But what is this come to exclude? 40:00 rovah v'choreish bo. So rabosai, see, interestingly enough, halacha l'maisa, this is fascinating. 40:05 When do we say to the chachamim that halacha l'maisa, the fetus is permitted without any additional action done to the fetus itself? 40:12 That's when it comes to shchita, right? 40:15 So you shcht the mother, the fetus is going to be permitted. 40:19 However, the fetus will be considered to be a fully formed independent animal in other areas of halacha. 40:25 For example, bestiality. Bestiality. 40:26 If one were to have relations with the fetus. 40:29 In other words, rabosai, okay, without getting too right, if one were to commit an immoral act with a piece of meat, halacha l'maisa, again, want to go on record, right, as saying we don't condone it, right? 40:41 But it is not the biblical prohibition of bestiality, right? 40:45 The act of bestiality is only an immoral act committed with an animal. 40:49 If a person commits an immoral act with a piece of meat, that is not bestiality. 40:54 So rabosai, it's actually an interesting shaila to contemplate. 40:57 I mean, don't contemplate it too much, but just for a moment. 41:01 Right? In other words, rabosai, so what happens in this case over here? 41:06 You shcht the mother, shcht the mother, you find a nine-month fetus inside of it, right? 41:11 So you take the fetus out. 41:13 Now, what we understand now, remember, right now we're putting the position of Rebbi Meir on the side. 41:19 According to the chachamim, rabosai, what's the status, what's the status of that fetus? 41:23 What's the status? What's the status? 41:25 Essentially, essentially the status is it's a piece of meat. 41:29 That's the status, right? 41:30 Because remember, it does not require its own shchita. 41:33 It's permitted through the shchita of the mother. 41:36 So when you say that the fetus is permitted through the shchita of the mother, essentially what you're saying is the fetus is looked at as a piece of meat, not as an animal. 41:47 So the gemara says, that is true, but just to understand that is only for consumption purposes. 41:53 When it comes to other areas of halacha, that fetus is looked at as its own independent animal. 41:59 So for example, if a person were to have relations with that fetus, then halacha l'maisa, that's bestiality. 42:04 And there's a chiyuv misa. 42:06 Or for example, let's say a person were to go ahead and take that fetus. 42:11 In other words, obviously take it out. 42:13 Now let's say it's not a fetus, it's a little calf, right? 42:17 And you were to go ahead and hitch it to a harness, let's say with a donkey or different, or you were to crossbreed it with another animal, that'd be a biblical prohibition. 42:28 So essentially, the only time we look at this fetus as a piece of meat and not an animal is for consumption purposes, but in other areas of halacha, we actually look at it as an actual animal. 42:41 Fascinating. אמר רבי שמעון בן לקיש, Reish Lakish says, לדברי המתיר בחלבו מתיר בדמו לדברי האוסר בחלבו אוסר בדמו. 42:47 Now again, rabosai, this is actually very interesting. 42:50 Here back in the mishna, the mishna said that when you shcht the mother, you're allowed to go ahead and eat the fetus. 42:57 But remember, what did the mishna say what you have to be careful about? 43:02 Blood. Blood. So Reish Lakish comes along and says, \"Not so fast. 43:06 If you hold that the cheilev of the fetus is mutter, then the blood is going to be mutter also. 43:13 And if you hold that the cheilev is assur, then the blood is going to be assur.\" Rebbi Yochanan, Rebbi Yochanan says, \"No, absolutely not. 43:21 אף לדברי המתיר בחלבו אסור בדמו.\" Rebbi Yochanan disagrees. Rebbi Yochanan says not true. 43:26 Not true. No matter what, the blood of the fetus is going to be assur. 43:30 Either way, the blood is assur. 43:32 It's a fundamental machlokes between Reish Lakish and Rebbi Yochanan. Reish Lakish wants to say that if you hold that the cheilev is mutter, the blood is mutter, and if you hold that the cheilev is assur, the blood is assur. 43:46 And Rebbi Yochanan says they're not related at all. 43:49 No matter what you hold of the cheilev of this fetus, ultimately again, blood is going to be assur. 43:55 אותיביה רבי יוחנן לריש לקיש. So Rebbi Yochanan raise a kasha to Reish Lakish. 44:00 קורע ומוציא את דמו. Ultimately again, so remember again, what did the Mishnah say? 44:05 The Mishnah pretty much said this explicitly, that Halacha Lema'aseh when it comes to this fetus, although you could just take a bite out of it, right, koreia, you just rip it apart and eat it, it doesn't require shechita, but you have 44:19 to extract the blood. 44:20 So right the Mishnah itself says that you have to be careful with the blood ultimately of the fetus. 44:26 Amar Rav Zeira, Rav Zeira says לומר שאין ענוש כרת. What that means is the Halacha Lema'aseh that if you were to eat the blood, ultimately again, there wouldn't be a chiyuv kares. Leman ka'amrinan? 44:38 Who is he talking to? 44:40 Le-Rabbi Yehuda? ולו יהא אלא דם התמצית? But wait second. 44:43 So this blood, Rabbosai, remember again Rabbosai, this goes back a little bit earlier in the masechta, we have what we call dam hanefesh and dam hatamtzis. 44:52 So dam hanefesh, remember again, is the blood that spurts out initially when the animal is shachted, versus dam hatamtzis, dam hatamtzis is what we call like residual blood. 45:01 So the Gemara says I don't understand, Halacha Lema'aseh, Halacha Lema'aseh, even if you want to say by Ben Pekua that fine, maybe it doesn't have dam shechita, right, because lema'aseh it doesn't require shechita. 45:13 But at the end of the day, blood that comes out of it should still be dam hatamtzis, and dam hatamtzis is still going to be assur, דתניא דם התמצית באזהרה רבי יהודה אומר בכרת. 45:25 So again Rabbosai, so it's a fundamental machlokes about the nature of the prohibition by dam hatamtzis, right, residual blood. 45:31 So one opinion says dam hatamtzis is not a chiyuv kares, it's only an issur lav. Rabbi Yehuda holds no, that it's actually a chiyuv kares. 45:40 תא שמע רב יוסף בריה דרב סלא חסידא קמיה דרב פפא אית ליה דרבי יהודה דם וכל דם. Rabbi Yehuda holds ultimately again of the drasha of dam, right, dam comes to prohibit ultimately again what we call dam hanefesh, vechol dam, and vechol dam comes to include even additional dam. 45:57 כל היכא דמיחייב אדם הנפש מיחייב אדם התמצית. Watch this, michayev adam hatamtzis. 46:01 This is a fascinating, riveting drasha. Rabbi Yehuda says like this, the pasuk says dam vechol dam. 46:07 Now what does this mean to say? 46:09 Rabbosai, there's two different types of blood, right, two bloods, bloods, no, two different types of blood. 46:15 Damlach, right, there's two, right, there's two, right, two different buckets of blood. 46:19 There's dam shechita, which is again Rabbosai, that's lifeblood. 46:22 That's lifeblood and there's dam hatamtzis, which means residual blood. 46:25 So Rabbi Yehuda darshens like this, כל היכא דמיחייב אדם הנפש מיחייב אדם התמצית וכל היכא דלא מיחייב אדם הנפש לא מיחייב אדם התמצית. 46:33 So Rabbosai, now listen to this. 46:35 So the Gemara says a very interesting drasha. Rabbi Yehuda says like this, you're right, there is a chiyuv for dam hatamtzis. 46:42 When are you chayav for dam hatamtzis? 46:45 Where you're chayav for dam hanefesh. 46:47 So when, which makes sense. 46:48 Dam hatamtzis by definition only, when does residual blood receive its, let me put it differently. 46:54 How do you have an identity of residual blood? 46:57 How, how? By definition you only get an identity of residual blood if there's something called dam hanefesh. Dam hanefesh is lifeblood. 47:04 If you're not lifeblood, look Rabbosai, not everybody can be number one, sometimes it's okay to be number two, right? 47:10 So dam hanefesh is number one, right, number one, right? 47:14 So that's, that's, that's the lifeblood. 47:16 By definition if you're not dam hanefesh, you're dam hatamtzis. 47:19 But you can only have dam hatamtzis if there's dam hanefesh. 47:23 If there's no dam hanefesh, there's no dam hatamtzis. 47:26 Therefore Rabbosai, watch this, it could very well be, does Ben Pekua have dam hanefesh? 47:31 Does it have lifeblood? 47:32 Does it have lifeblood? 47:33 Does it have lifeblood? 47:35 No. Why not? Why not? 47:36 Because there's no din of shechita. 47:38 So it's possible to say that Halacha Lema'aseh, if you don't have dam hanefesh, you don't have dam hatamtzis, which then potentially opens the door to say that maybe there should be no azhara for blood when it comes to Ben Pekua. 47:52 Now, hold that, hold that, because then it's clearly not what the Mishnah says, right? 47:57 The Mishnah says explicitly, you want to go over to the Ben Pekua and take a bite out of it, go for it. 48:05 However, what must you be mindful of when it comes to Ben Pekua? 48:09 The Mishnah explicitly says the dam, the dam. 48:12 So Rabbosai, so this is open-ended, hold this, we're not, we're not resolving this yet. 48:17 But again, I know, one more time, here's what's the good news. 48:21 The good news is I left you in a state of existential angst yesterday because I did not answer the questions. 48:28 But again, baruch Hashem, we got closure. 48:30 We got closure at least on the last Mishnah. 48:33 So now again Rabbosai, we're not answering this today, what is the status of blood by Ben Pekua, just keep it in mind. 48:40 One more shaila then we'll stop. 48:42 איבעיא להו מהו לפדות בבן פקועא? So Rabbosai, now the Gemara asks another interesting follow-up question over here. 48:48 What about Rabbosai, can you go ahead and be podeh, again Rabbosai, what's the halacha? 48:53 When you have a firstborn animal, ultimately again the firstborn animal has residual kedusha. 48:58 Right? Can you go ahead and redeem a firstborn animal with a Ben Pekua? 49:03 Fascinating. So can you redeem a firstborn animal with a Ben Pekua or not? 49:07 So the Gemara says אליבא דרבי מאיר לא תיבעי לך כיון דאמר טעון שחיטה שה מעליא הוא. 49:13 So listen now, watch this. 49:15 Interestingly enough, halacha l'maaseh, Rashi says over here lifdot peter chamor. 49:18 Right? So also say, remember again, I have a firstborn donkey. 49:22 I want to redeem my firstborn donkey. 49:24 How do you redeem a firstborn? 49:26 Again, we have a firstborn donkey, I want to, we have one of two, one of two things you could do. 49:33 Either what? Either what? 49:34 Don't redeem it and break its neck, or you could redeem it with a seh. 49:36 You could redeem it with a sheep. 49:36 Here's the shayla. Can you redeem a firstborn donkey with a seh? 49:36 Can you redeem a firstborn donkey, but not with any seh, with a ben pakua seh? 49:36 So also just very quickly I'll give you the first tsad of this. 49:36 According to Rebbe Meir what would you say? 49:36 According to Rebbe Meir can you redeem a firstborn donkey with a ben pakua seh? 49:36 What's the answer? Yes. 49:36 Why? Because according to Rebbe Meir what's the status of a full-term fetus? 49:36 Totally normal animal. Totally viable v'hareiya im yesh. 49:36 Okay rabosai, no, okay. 49:36 We'll have to, I want it, I want it, I want it so badly to get to it, but I'm not going to rush it. 49:36 We're going to start up with this again im yirtzeh Hashem tomorrow. 49:36 Yishkoach everyone. All right chaverim, so have a great day. 49:36 I tried, I tried, I tried to get through it, but tomorrow, tomorrow.
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