Chulin 71 - CARCASSES (
1) CARCASSES ("NEVEILOS") OF "CHAYOS"
(a) (Beraisa - R. Yonason): The Torah teaches that Neveilos of (Tahor or Tamei species of) Behemos are Tamei, also of Tamei Chayos;
1. Question: From where do we know that Neveilos of Tahor Chayos are Teme'os?
2. Answer (Ben Azai): "Anything that goes on its soles, in every Chayah that goes".
3. R. Yonason: But it says *in* every Chayah, not *every* Chayah!
4. Ben Azai: How did R. Yishmael explain?
5. R. Yonason: "When an animal will die" - this refers to a Tamei animal; "That you may eat" - this refers to a Tahor animal;
i. We have learned that Chayah is included in the term Behemah (whether we refer to Tahor or Tamei animals), and that Behemah is included in Chayah.
(b) Question: How do we know that 'Behemah' includes Chayah?
(c) Answer: "This is the Behemah you will eat - an ox, a sheep...a wild goat, a deer..." (the Tahor Chayos are also listed).
(d) Question: How do we know that 'Chayah' includes Behemah?
(e) Answer: "This is the Chayah you will eat, from every Behemah on the ground...".
1. Behemah includes Chayah (regarding Tahor animals) regarding Simanim (the Torah is Machshir a Behemah with split hooves that chews the cud, this also applies to Chayos).
2. Behemah includes Chayah (regarding Tamei animals) regarding the prohibition to crossbreed different species.
3. Chayah includes Behemah (regarding Tamei animals) regarding Rebbi's law.
i. (Beraisa - Rebbi): It was not necessary to write 'Behemah' in the Parsha of Tumos (since it already said Chayah) - it is extra, to teach from another place that Behemah Teme'ah is mentioned, that one who became Tamei is obligated to bring a Korban only if he entered the Mikdash or ate Kodshim when Tamei.
4. Chayah includes Behemah (regarding Tahor animals) in the Parshah of creation (this teaches that a woman that miscarried the form of either is Teme'ah like one who gave birth to a human).
i. (Mishnah - R. Meir): If a woman miscarried the form of a male Behemah, Chayah or bird, whether Tahor or Tamei, she is (Tamei like) Yoledes Zachar; for a female form, she is Yoledes Nekevah; if we do not know the gender, she has the stringencies of both;
ii. Chachamim say, if it is not a human form, it is not considered a child.
iii. Question: What do Chachamim learn from the verse that teaches that Chayah includes Behemah (regarding Tahor animals)? (Tosfos; Rashi - what do they learn from the verse R. Yosi ha'Galili uses to teach that a fetus inside a Tamei animal is Tamei?)
iv. Answer: It teaches like Rebbi.
2) "TUMAH" OF A DEAD FETUS
(a) (Mishnah): If a midwife touched a dead fetus in the womb, she is Teme'ah (Mes) for seven days, the mother is Tehorah until the fetus comes out.
(b) (Gemara - Rabah): Just like Tum'ah Belu'ah (enveloped) does not Metamei, also Taharah Belu'ah does not become Tamei.
(c) Question: From where do we know that Tum'ah Belu'ah does not Metamei?
(d) Answer: "One who eats Neveilah will (immerse and) wash his clothes (and be Tahor at night)" - this is true even if he ate just before nightfall (and immersed, even though the Neveilah is intact in his stomach and he moves it)!
(e) Question: Perhaps the Neveilah is not Metamei because it is not fitting for a Ger Toshav (one who accepted to keep his seven Mitzvos) to eat!
1. This is not difficult for R. Yochanan, who holds that the Neveilah retains its full Tum'ah as long as it is fit for a dog. 2. According to Bar Pada, a Neveilah is Metamei people only if a Ger Toshav would eat it; it is Metamei food as long as a dog would eat it;
i. Neveilah is not Metamei in the stomach because then it is not fit for a Ger Toshav!
(f) Answer: Granted, a Ger Toshav would not eat it if he saw the man vomit it out, but if he did not know it had been swallowed, he would eat it, so it retains its full Tum'ah.
(g) Question: From where does Rabah know that Taharah Belu'ah does not become Tamei?
(h) Answer: A Kal va'Chomer teaches this:
1. A Kli Cheres (earthenware vessel) with a Tzamid Pasil (hermetic seal) does not suppress Tum'as Mes (from breaking out);
i. If Tumas Mes is not under an Ohel (of a Tefach in each direction), the Tum'ah breaks through (any covering) and is Metamei anything directly overhead, up to the sky.
2. Nevertheless, such a Kli shields its contents from becoming Tamei (in Ohel ha'Mes);
3. A person suppresses Tum'ah that he swallowed - all the more so, he should shield what he swallowed from becoming Tamei!
(i) Question: We cannot learn from a Kli Cheres, for it cannot become Tamei from its outside, whereas a person can!
(j) Answer: The Kal va'Chomer is not from the outside of a Kli Cheres, rather from its inside;
1. The inside of a Kli Cheres is even more prone to Tum'ah than man - it becomes Tamei through Tum'ah in its airspace!
3) OTHER CASES OF "TUMAH BELU'AH"
(a) Question: We have a source that Tum'ah swallowed via the mouth does not Metamei - what is the source for Tum'ah inserted through the rectum?
(b) Answer: We learn from a Kal va'Chomer - the mouth does not digest food very much, yet what it swallows is not Metamei (afterwards) - all the more so, what enters below (through the rectum) is not Metamei, for most digestion takes place below!
(c) Question: We have a source that Tum'ah Belu'ah in a person does not Metamei - what is the source for Tum'ah Belu'ah in an animal?
(d) Answer: We learn from a Kal va'Chomer - a living person can become Tamei, yet Tum'ah Belu'ah inside him is not Metamei - a live animal cannot become Tamei, all the more so, Tum'ah Belu'ah inside it is not Metamei!
(e) Question: Regarding Bayis ha'Menuga (a house with Tzara'as), man is less prone to receive Tum'ah than an animal - man must tarry, an animal need not!
(f) Answer: The stringency that an animal need not tarry pertains to vessels on the animal - the same stringency applies to man!
1. (Mishnah): If one enters Bayis ha'Menuga with clothes resting on his shoulder, and sandals and rings on his hands (not on the proper fingers), he and his clothes are Teme'im immediately;
2. If he enters wearing his clothes, sandals and rings (on the proper fingers), he is Tamei immediately, his clothes are Teme'im only after he tarries the time needed to eat a half loaf of bread;
i. We gauge the time to eat wheat bread (not barley), reclining, with an accompaniment on the bread.