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08-02-2011
Title:
Chulin 11 - WE FOLLOW A MAJORITY

Message:
1) WE FOLLOW A MAJORITY

(a) Question: What is the source for following the majority?
1. Question: This is obvious - "After the majority, to tilt (the verdict)"!
2. Answer: That teaches to follow a majority d'Isa Kaman (in front of us, i.e. it can be counted), e.g. nine of the 10 stores in the city sell Kosher meat, and we found meat, and do not know which store it came from; or, to follow the majority opinion of judges on a Sanhedrin;
i. The question was, what is the source to follow a majority d'Leisa Kaman (a statistical majority), e.g. that a boy or girl is not a Seris or Ailonis (someone that does not develop as a normal male/female)?
(b) Answer #1 (R. Elazar): We learn from the head of an Olah - "You will dissect the Olah into its (designated) sections" - but you do not cut its sections into smaller pieces.
1. Since we may not cut open the head, we cannot check if the membrane around the brain is pierced, which would make it a Treifah. (We must rely on the majority, that most animals are not Treifah!)
(c) Rejection: Perhaps one tears the skull, but leaves it connected, in order to check!
1. It is only forbidden to cut a section into separate pieces.
(d) Answer #2 (Mar brei d'Ravina): We learn from the prohibition to break a bone of the Korban Pesach.
1. Since we may not cut the head (at all), we cannot check if the membrane around the brain is pierced, which would make it a Treifah.
2. It must be, we rely on the majority - most animals are not Treifah!
(e) Rejection: Perhaps we put a hot coal on the skull to burn through, enabling us to check!
1. (Beraisa): The prohibition of breaking bones does not apply to sinews, nor to burning a bone.
(f) Answer #3 (Rav Nachman bar Yitzchak): We learn from the Alyah (tail, of a sheep of a Chatas or Shelamim, which is offered intact on the Mizbe'ach).
1. We cannot check if the spinal cord was cut (which would make it a Treifah) - it must be, we rely on the majority!
2. Suggestion: Perhaps we cut the Alyah towards the bottom - if the spinal cord was cut there, the animal is Kosher!
3. Rejection: It says "By the Atzeh (spine)" - near the kidneys, the place of Eitzah (counsel).
(g) Rejection: Perhaps one tears the Alyah, but leaves it connected, in order to check!
1. It is only forbidden to cut it into pieces.
2) SUCCESSFUL ANSWERS TO THE QUESTION
(a) Answer #4 (Rav Sheshes brei d'Rav Idi): We learn from Eglah Arufah (beheading a calf when a corpse is found).
1. "You will break its neck" - it should remain whole, so we cannot check if it was Treifah -we must rely on the majority!
(b) Question: Perhaps it makes no difference if it is Treifah!
(c) Rejection (d'Vei R. Yanai): It says "atonement" regarding the calf, similar to Korbanos. (Therefore, a Treifah calf is invalid.)
(d) Answer #5 (Rabah bar Rav Shilo): We learn from the Parah Adumah - "He will slaughter, he will burn" - just like it is slaughtered whole, it is burned whole.
1. Since it is burned whole, we cannot check if it was Treifah - it must be we rely on the majority!
2. Suggestion: Perhaps it makes no difference if it is Treifah!
3. Rejection: The Torah calls it 'Chatas' (therefore, a Treifah cow is invalid.)
(e) Answer #6 (Rav Acha bar Yakov): We learn from the goat sent to Azazel.
1. "The two goats" - they must be the same - we should be concerned, perhaps one is Treifah!
11b---------------------------------------11b

2. Rather, we rely on the majority of goats that are healthy.
3. Question: Why is it a problem if one (the one sent to Azazel) is Treifah?
4. Answer: The lottery is valid only if both are fitting to be offered to Hash-m.
5. Suggestion: Perhaps we check both!
6. Rejection (Mishnah): Before the goat is halfway down the mountain, it is torn into many pieces. (We cannot tell if there were internal defects when it was alive.)
(f) Answer #7 (Rav Mori): We learn from the death penalty for one who strikes a parent.
1. Question: We should be concerned, perhaps it is not his father!
2. Answer: Even if a married woman has extramarital relations, most of her relations are with her husband; therefore, we assume that she became pregnant through her husband.
3. Suggestion: Perhaps we cannot rely on the majority, and the Torah says to kill the son only when we are sure, e.g. the parents were locked together in a jail cell, and no one else could have had relations with the mother!
4. Rejection: No one can guarantee that she did not have relations with anyone else.
(g) Answer #8 (Rav Kahana): We learn from the death penalty for a murderer.
1. Question: We should be concerned, perhaps the victim was a Treifah, and the murderer is exempt!
2. Answer: We rely on the majority of people that are healthy (not Treifah).
3. Suggestion: Perhaps not, rather we must check the victim, that he was not Treifah!
4. Rejection: That would be a disgrace to the corpse!
5. Question: Perhaps we do so, since this may save the life of the murderer!
6. Answer: Even so, we cannot check if there already was a hole where the murderer stabbed him, we must rely on the majority.
(h) Answer #9 (Ravina): We learn from the death penalty for Edim Zomemim (plotting witnesses) - the Torah says, "You will do to him like he plotted to do to his brother".
1. Question: We should be concerned, perhaps the one they plotted to kill is Treifah (so killing healthy witnesses is not "Ka'asher Zamam")!
2. Answer: We rely on the majority of people, they are healthy.
3. Question: Perhaps we check that the one they testified about was not Treifah!
4. Answer (Beraisa - b'Rebbi): If the one they testified about was not killed, the plotting witnesses are killed (even though we cannot check for internal Treifos); if the one they testified about was killed, the plotting witnesses are not killed.
(i) Answer #10 (Rav Ashi): We can learn from slaughter itself!
1. Question: The Torah permits eating what was slaughtered - we should be concerned, there was a hole where the knife cut!
2. Answer: Rather, we rely on the majority of animals that are healthy.

   
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