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08-30-2011
Title:
Chulin 83 - MULTIPLE LASHES FOR MULTIPLE TRANSGRESSIONS

Message:
1) MULTIPLE LASHES FOR MULTIPLE TRANSGRESSIONS

(a) (Beraisa): If one ate two Gidim from two animals, he receives 80 lashes; R. Yehudah says, only 40 lashes.
(b) Question: What is the case?
1. If he was warned, ate one, was warned, and ate the other, R. Yehudah would agree that he gets 80 lashes!
(c) Answer: Rather, he ate them together, with only one Hasra'ah.
1. Question: Who is the first Tana?
i. It is not Chachamim of Sumchus - they Mechayev only 40 lashes even in a case of Gufim Muchlakim, all the more so here!
2. Answer: Rather, it is Sumchus.
(d) Rejection: Really, he was warned separately before eating each;
1. Above we said that R. Yehudah should also Mechayev 80 lashes - this assumed that each Gid was a k'Zayis;
2. This is not the case.
i. (Beraisa): If one eats a full Gid that is less than a k'Zayis, he is liable;
ii. R. Yehudah says, he is only liable if he eats a k'Zayis.
2) WHEN ONE MUST BE CONCERNED FOR "OSO V'ES BENO"?
(a) (Mishnah): There are four times when one who sells an animal must tell the buyer if he sold its mother or child to be slaughtered that same day - Erev Simchas Torah, Erev Pesach, Erev Shavu'os, Erev Rosh Hashanah.
1. R. Yosi ha'Galili adds Erev Yom Kipur in Galil.
2. R. Yehudah says, if the mother or child was sold the previous day, he need not tell the buyer.
3. R. Yehudah says, if the mother was sold to a Chasan and the child to his Kalah, he must inform the latter buyer, for surely they intend to slaughter on the same day.
(b) At these four times, one who paid for meat from an animal (to be slaughtered) can force the butcher to slaughter it, even if the animal is expensive and only a small amount of meat was bought;
1. Therefore, if the animal dies, the buyer loses what he paid (since he acquired part of the animal.)
(c) At other times, one cannot force the butcher to slaughter it;
1. Therefore, if the animal dies, the butcher suffers the loss himself (the animal still belongs to him.)
(d) (Gemara - Beraisa): If the seller didn't say anything, the buyer may slaughter on the day he buys.
(e) (Mishnah): R. Yehudah says...
(f) Question: Why does he say 'the mother to the Chasan and the child to the Kalah'?
(g) Answer: This teaches that it is proper that the Chasan prepare more than the Kalah.
(h) (Mishnah): At these four times...
(i) Question: The buyer only gave money - how did he acquire part of the animal without Meshichah (pulling it to his property?)
(j) Answer #1 (Rav Huna): The case is, he did Meshichah.
(k) Objection: If so, we should always force the butcher to slaughter, and the buyer should lose if the animal died!
(l) Answer #2 (Rav Shmuel bar R. Yitzchak): Really, the buyer did not do Meshichah; rather, someone else acquired on behalf of the buyer (without being asked to do so.)
1. At the four times, it is Zechus (advantageous) to buy meat, therefore someone else can acquire for the buyer, even if the buyer did not request it in advance (as long as he agrees later);
2. At other times, it is Chov (disadvantageous) for the buyer, the acquisition works only if the buyer requested in advance.
(m) Answer #3 (R. Elazar): At these four times, Chachamim lifted their enactment, and allowed money to acquire (meat):
1. (R. Yochanan): Mid'Oraisa, money acquires Metaltelim; Chachamim said that Meshichah works (and not money), lest a fire erupt in the seller's premises, and the seller will be sloth to save what he sold.
3) WHEN THE DAY STARTS
(a) (Mishnah): (Regarding Oso v'Es Beno,) the day starts at night.
(b) R. Shimon ben Zoma says, it says "One day", regarding creation and Oso v'Es Beno;
1. Just like the days of creation start at night, also regarding Oso v'Es Beno.
(c) (Gemara - Beraisa - R. Shimon ben Zoma): Oso v'Es Beno is written in the Parshah of Kodshim, in Kodshim the day starts in the morning;
1. One might have thought, also for Oso v'Es Beno the day starts by morning - therefore, it says "One day", like it says regarding creation, to teach that it starts at night.
83b---------------------------------------83b

2. Rebbi says, "One day" refers to a special day that must be announced;
3. This is the source that one who sells an animal at one of the four times must tell the buyer if he sold its mother or child.
***** PEREK KISUY HA'DAM *****
4) "KISUY HA'DAM" OF "KODSHIM"

(a) (Mishnah): Kisuy ha'Dam (the Mitzvah to cover blood of slaughter) applies in Eretz Yisrael and Chutz La'aretz, when the Mikdash stands and when it does not,
1. It applies to Chulin, not to Kodshim;
2. It applies to fowl and Chayos, whether or not they belong to the slaughterer;
3. It applies to a Koy, because we are in doubt if it is a Chayah;
i. One should not slaughter a Koy on Yom Tov; if it was slaughtered, we do not do Kisuy.
(b) (Gemara) Question: Why doesn't it apply to Kodshim (i.e. Melikah of Korbanos ha'Of, which is in place of slaughter)?
(c) Suggestion: It does not apply because of R. Zeira's law:
1. (R. Zeira): "He will cover it *in* dirt" - this teaches that dirt must be put below (so the blood falls on in) and above (after the blood fell.)
2. This cannot be done for Melikah (which is done on the Mizbe'ach!)
i. If the dirt will be left permanently on the Mizbe'ach, it will be Batul to (and considered part of) the Mizbe'ach, and the Mizbe'ach will be too big - "Ha'Kol bi'Chsav mi'Yad Hash-m Alai Hiskil" (Hash-m specified the size of everything in the Mikdash!)
ii. If the dirt will be removed later, it would be considered an interruption between the blood and the Mizbe'ach!
(d) Question: Even if the blood cannot be covered from below, it can be covered above!
1. (Beraisa - R. Yonason ben Yosef): If a Chayah was slaughtered and a Behemah was slaughtered over it (and its blood fell on the Chayah's blood), no other cover is needed;
2. If a Behemah was slaughtered and a Chayah was slaughtered over it, the (Chayah's) blood must be covered.
(e) Answer: Since Dam Kodshim cannot be covered from below, there is no Mitzvah to cover it above.
1. (R. Zeira): If a Minchah could have been mixed, mixing is not Me'akev; if it could not have been mixed, (e.g. it is too big), mixing is Me'akev (i.e. it is Pasul.)
(f) Question: We should scrape the blood off the Mizbe'ach, then cover it!
1. (Mishnah): Blood that spurted far away and blood on the knife must be covered.
i. One must scrape the blood off the knife to cover it - likewise, we should scrape the blood off the Mizbe'ach!

   
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