סקר
איך הלימוד שלך בעקבת הקורונה?






 

Steinsaltz

MISHNA: In the case of one who slaughters by cutting one siman, i.e., the windpipe or the gullet, in a bird, and two simanim in an animal, his slaughter is valid, and the halakhic status of the majority of one siman is like that of the entire siman. Rabbi Yehuda says: The slaughter is not valid until he cuts the veins [haveridin], i.e., the major blood vessels in the neck. If one cut half of one siman in a bird or one and a half simanim in an animal, his slaughter is not valid. If one cut the majority of one siman in a bird or the majority of two simanim in an animal, his slaughter is valid.

GEMARA: The Gemara infers from the term: One who slaughters, that if one slaughtered, then after the fact, yes, the slaughter is valid; but ab initio, no, it is prohibited. The Gemara asks: Is the ruling with regard to the cutting of two simanim in an animal that ab initio, no, it is prohibited? If so, how much is one expected to continue and cut the simanim, ab initio? There are only two relevant simanim to be cut. The Gemara answers: If you wish, say that the reference is to the cutting of one siman in a bird, as one is required to cut both simanim in a bird ab initio. And if you wish, say instead that the reference is to the passage in the mishna that states that the halakhic status of the majority of one siman is like that of the entire siman, as one is required to cut the entire siman ab initio.

§ Kaf, mem, shin is a mnemonic for the sources of the statements cited in the discussion that follows: Rav Kahana, Rav Yeimar, and the school of Rabbi Yishmael.

Rav Kahana says: From where is it derived with regard to slaughter that it is performed from the neck? It is derived from a verse, as it is stated: “And he shall slaughter [veshaḥat] the young bull before the Lord” (Leviticus 1:5), which is interpreted homiletically: From the place where the animal bends [shaḥ], purify it [ḥattehu] through slaughter. The Gemara asks: From where does one ascertain that this term, ḥattehu, is an expression of purification? The Gemara answers: It is ascertained from a verse, as it is written: “And he shall purify [veḥitte] the house” (Leviticus 14:52). And if you wish, say instead that it is ascertained from here: “Purge me [teḥatte’eni] with hyssop and I will be pure” (Psalms 51:9).

The Gemara challenges: And say that slaughter is from its tail, which is also a place in the animal’s body that is bent. The Gemara responds: From the term: Bends [shaḥ], one can conclude by inference that we require a part of the animal’s body that can stand erect and that bends; and this, the tail, is bent perpetually and is never erect. The Gemara challenges: And say that slaughter is from its ear, which is erect and bends. The Gemara explains: We require that slaughter be performed on a part of the animal’s body from which blood of the soul is spilled, and when one cuts the ear there is no blood of the soul spilled.

The Gemara asks: And say that one rends the animal starting from the ear and continues until the blood of the soul is spilled. And furthermore, with regard to those actions that invalidate slaughter, i.e., interrupting the slaughter, pressing the knife, concealing the knife in the course of an inverted slaughter, diverting the knife from the place of slaughter, and ripping the simanim from their place before cutting them, from where do we derive them? Rather, these disqualifications are learned through tradition, i.e., a halakha transmitted to Moses from Sinai. The requirement of slaughter from the neck is also learned through tradition, and has no biblical source.

The Gemara asks: And if the halakha is derived through tradition, what halakha does the verse: “And you shall slaughter,” come to teach? The Gemara answers: The verse serves to teach that one should not sever the head completely from the animal’s body and render it a broken animal. He cuts only the windpipe and the gullet, which are adjacent to the major blood vessels.

Rav Yeimar says: From where is it derived that slaughter is performed from the neck? It is derived from a verse, as the verse states: “And you shall slaughter [vezavaḥta] of your herd and of your flock” (Deuteronomy 12:21), which is interpreted homiletically: From the place where the blood flows [shezav], break it [ḥattehu], i.e., cut it. The Gemara asks: From where may it be inferred that this term, ḥattehu, is an expression of breaking? The Gemara answers: It is inferred from a verse, as it is written: “Neither fear nor be dismayed [teḥat]” (Deuteronomy 1:21); ensure that your spirit will not be broken.

The Gemara challenges: And say that an animal is slaughtered from its nose, from which mucus flows, as the verse did not mention blood. The Gemara responds: We require a fluid that flows by means of breaking, and this mucus flows on its own. The Gemara challenges: And say that an animal is slaughtered from its heart by means of stabbing. And furthermore, with regard to those actions that invalidate slaughter, i.e., interrupting, pressing the knife during slaughter, concealing the knife in the course of an inverted slaughter, diverting the knife from the place of slaughter, and ripping, from where do we derive them? Rather, these disqualifications are learned through tradition. The requirement of slaughter from the neck is also learned through tradition.

The Gemara asks: And if the halakha is derived through tradition, what halakha does the phrase in the verse: “And you shall slaughter” come to teach? The Gemara answers: The phrase serves to teach that one should not sever the head completely from the animal’s body and render it a broken animal. He cuts only the windpipe and the gullet.

The school of Rabbi Yishmael taught: From where is it derived that slaughter is performed from the neck? It is derived from a verse, as it is stated: “And he shall slaughter [veshaḥat]” (Leviticus 1:5). Do not read it as: Veshaḥat; rather, read it as: Vesaḥat, which literally means: And he shall squeeze, which is interpreted homiletically: From the place where the animal speaks [saḥ], purify it [ḥattehu]. The animal’s voice emanates from its throat; therefore, it is slaughtered from the neck.

The Gemara objects: And say that slaughter is from its tongue. The Gemara explains: We require that slaughter be performed on a part of the animal’s body from which blood of the soul is spilled, and when one cuts the tongue there is no blood of the soul spilled. The Gemara objects: And say that one rends the animal starting from the tongue and continues until the blood of the soul is spilled. And furthermore, with regard to those actions that invalidate slaughter, i.e., interrupting, pressing the knife, concealing the knife, diverting the knife, and ripping, from where do we derive them? Rather, these disqualifications are learned through tradition. The requirement of slaughter from the neck is also learned through tradition.

The Gemara asks: And if the halakha is derived through tradition, what halakha does the phrase in the verse: “And you shall slaughter,” come to teach? The Gemara answers: The phrase serves to teach that one should not sever the head completely from the animal’s body and render it a broken animal. He cuts only the windpipe and the gullet.

And a tanna who recited mishnayot and baraitot in the study hall cites the source for the halakha that slaughter is performed from the neck from here: As it is taught in a baraita that Rabbi Ḥiyya says: From where is it derived with regard to slaughter that it is performed from the neck? It is derived from a verse, as it is stated: “And Aaron’s sons, the priests, shall arrange the pieces, the head, and the fat…upon the altar” (Leviticus 1:8).

Rabbi Ḥiyya explains: As there is no need for the verse to state: “The head, and the fat.” What is the meaning when the verse states: “The head, and the fat”? Weren’t the head and the fat included in the category of all the pieces, mentioned earlier in the verse? For what purpose did they emerge from the category and warrant individual mention? This is due to the fact that it is stated: “And he shall flay the burnt offering, and cut it into its pieces” (Leviticus 1:6). One might have thought that I have derived that only the pieces that are included in the category of flaying must be arranged on the altar. From where is it derived to include the head, which was already partially severed when the animal was slaughtered, and is not flayed? It is derived from a verse, as the verse states: “With its head and its fat, and the priest shall arrange them” (Leviticus 1:12).

The tanna concludes: From the fact that Rabbi Ḥiyya says: The head, which was already partially severed, one learns by inference that slaughter is from the neck, as the neck connects the head to the body.

The Gemara questions the formulation of the baraita. And the tanna of the baraita opened with a question about the extraneous phrase written with regard to a bull burnt offering: “The head, and the fat” (Leviticus 1:8), and concludes with an explanation of the phrase written with regard to a sheep burnt offering: “Its head and its fat” (Leviticus 1:12). The Gemara answers that this is what the tanna is saying: From where is it derived to include the head, which was already partially severed? It is derived from a verse, as the verse states: “The head, and the fat” (Leviticus 1:8).

The Gemara asks: And if so, why do I need the verse cited at the end of the baraita: “Its head and its fat”? The Gemara answers: The verse is necessary for that which is taught in a baraita: From where is it derived that the head and the fat precede all the other pieceswhen the sacrificial portions are sacrificed on the altar? The verse states: “With its head and its fat, and the priest shall arrange them” (Leviticus 1:12).

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
אדם סלומון
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