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Steinsaltz

Mar bar Rav Ashi said: Once the sinews begin to be translucent, even if they are not actually white, they are considered part of the convergence of sinews.

§ With regard to the removal of the convergence of sinews in the thigh, which renders the animal a tereifa, Ameimar says in the name of Rav Zevid: There are three strands, i.e., sinews; one is thick and the other two are thin. If the thick sinew was severed, a majority of the structure of the convergence of sinews is gone, as the thick sinew is thicker than the other two combined. If the thin ones were severed, then a majority of the number of sinews is gone. If either type of majority has been severed, the animal is rendered a tereifa. Conversely, Mar bar Rav Ashi teaches a lenient version of this ruling: If the thick sinew was severed, since there is a majority of the number of sinews that remains, the animal is not a tereifa. Likewise, if the thin ones were severed, since there is a majority of the structure that remains intact, the animal is not a tereifa.

The Gemara comments: All this applies to animals, whereas with regard to birds, there are sixteen strands; if even one of them is severed, it is a tereifa. Mar bar Rav Ashi said: I was standing before father, i.e., Rav Ashi, and they brought before him a bird, and he examined it to see if it was a tereifa and found fifteen sinews. There was one of them that was different from the others; he broke it apart and it was found to be composed of two sinews.

The Gemara returns to the issue of the convergence of sinews in an animal. Rav Yehuda says that Rav says: The convergence of sinews in the thigh of which the Sages spoke, stating that if it is severed the animal is a tereifa, is referring to the severing of the majority of it. Rav Yehuda added: What is the meaning of the majority of it? This means the majority of one of the sinews. Rav Yehuda further stated: When I stated this halakha in the name of Rav before Shmuel, he said to me: Since they are three sinews, when one of them is severed entirely, there are still two remaining, which means that the majority of the convergence of sinews is intact. Therefore, the animal is still kosher.

The Gemara infers from Shmuel’s statement: The reason the animal is not a tereifa is only that there are two remaining, from which it may be inferred that if there are not two remaining it is not kosher, despite the fact that the other sinew is intact. The Gemara notes: And according to this version of his opinion, Shmuel disagrees with the opinion of Rabbenai, who also stated his ruling in Shmuel’s name. As Rabbenai says that Shmuel says: With regard to the convergence of sinews in the thigh, even if only one sinew remains of it, which is as thick as the string used to close the neckline of a cloak [hasarbal], the animal is kosher.

And some say that there is a different version of this discussion. Rav Yehuda said: What is the meaning of a majority of it? This means a majority of each and every one of the sinews. Rav Yehuda added: When I stated this halakha in the name of Rav before Shmuel, he said to me: Since they are three sinews, there is one-third of each and every one, and that should be sufficient. There is no need for a majority of each sinew to remain. The Gemara notes: Rav Yehuda’s statement in the name of Shmuel supports the opinion of Rabbenai, as Rabbenai says that Shmuel says: With regard to the convergence of sinews in the thigh of which the Sages spoke, even if there remains of each of the three sinews only as much as the thickness of the string used to close the neckline of a cloak, the animal is kosher. This also indicates that there is no need for a majority of the sinew to remain.

§ The mishna states: If the bone of a limb was broken but the limb was not completely severed, and the animal was then slaughtered, if the majority of the flesh surrounding the bone is intact, the slaughter of the animal renders it permitted; but if not, its slaughter does not render it permitted.

Rav says: If the bone was broken above the leg joint and then the animal was slaughtered, if a majority of the flesh around the break is intact, both this, the animal itself, and that, the limb, are permitted. The break does not render the animal a tereifa and the limb is not regarded as a hanging limb; therefore it is permitted by the slaughter of the animal. But if not, i.e., if a majority of the flesh around the break is not intact, both this and that, the animal and the limb, are prohibited. If the bone was broken below the leg joint, then if a majority of the flesh is intact, both this and that are permitted; if not, then the limb itself is prohibited from the area of the break and below, as it is not permitted by the slaughter of the animal, but the rest of the animal is permitted.

And Shmuel says: Whether the break is above or below the leg joint, the halakha is the same: If a majority of the flesh is intact, both this and that, the limb and the animal, are permitted. If the majority of the flesh is not intact, the limb is prohibited and the animal is permitted. Even if the leg was broken above the leg joint the animal does not become a tereifa unless the leg was entirely severed.

Rav Naḥman objects to this ruling of Shmuel: If one permits the animal despite the fact that its leg is prohibited, people will say: A limb from the animal is placed in the garbage, as it is prohibited, and yet the animal itself is permitted? They may then mistakenly conclude that even if that leg had been completely severed from the animal, the animal would be permitted. Rav Aḥa bar Rav Huna said to Rav Naḥman: This concern also exists according to the opinion of Rav, in a case where the bone is broken below the joint and the flesh is not intact. Rav rules in that case that the animal is permitted and the limb is prohibited. But is there not the concern that people will say: A limb from this animal is placed in the garbage, and the animal itself is permitted?

Rav Naḥman said to him: This is what I meant to say: People will say: A limb from which this animal lives, i.e., which if removed, renders the animal a tereifa, is placed in the garbage, and the animal itself is permitted? The concern exists only according to the opinion of Shmuel, who permits the animal even when the break is above the joint, as were it severed there, the animal would thereby be rendered a tereifa. People may mistakenly equate the case where the bone was broken and the case where it was severed and permit both. The concern does not exist according to the opinion of Rav, as he permits the animal only in a case where the bone is broken below the joint, and even if it were severed there that would not render it a tereifa.

§ With regard to this dispute, they sent a ruling from there, Eretz Yisrael: The halakha is in accordance with the opinion of Rav that if the bone was broken above the leg joint, if a majority of the flesh around the break is not intact, both the animal and the limb are prohibited. They then sent a ruling: The halakha is in accordance with the opinion of Shmuel that only the limb is prohibited. They then a ruling: The halakha is in accordance with the opinion of Rav that the animal is a tereifa, and they added that the limb itself is not rendered pure by the slaughter; rather, it imparts the impurity of a limb from a living animal by carrying. The animal itself, though, is rendered pure from the impurity of a carcass and is prohibited only as a tereifa.

Rav Ḥisda raises an objection from a baraita cited earlier (73a) concerning whether the slaughter of a mother animal can render pure a limb of its fetus that was extended outside the womb even though the act of slaughter cannot render the fetus permitted for consumption. The Rabbis brought proof for their opinion that this limb is rendered pure from the halakha that a tereifa is rendered pure by slaughter even though it is not thereby permitted for consumption. Rabbi Meir responded: No, even if the slaughter of a tereifa renders the animal itself pure, and likewise, the slaughter of any animal renders pure the limb that was partially cut from it but still hangs from it from imparting the impurity of a carcass, despite the fact that this animal or limb is prohibited for consumption, that is so with regard to something that is part of its own body. Does it necessarily follow that it should also render pure the limb of its fetus, which is something that is not part of its own body? It is explicit in Rabbi Meir’s claim that the hanging limb of a tereifa is rendered pure by the slaughter of the animal.

Rabba said to Rav Ḥisda: Why are you searching after refutations from baraitot that are not known by all? You can raise a conclusive refutation from the mishna (127b): With regard to the limb or flesh of an animal that was partially severed but remains hanging from it, if the animal was slaughtered, the limb and the flesh were thereby rendered susceptible to contracting the impurity of food by the blood of the animal, as blood is one of the seven liquids that render foods susceptible to impurity; this is the statement of Rabbi Meir. Rabbi Shimon says: They were not rendered susceptible with the blood of the slaughtered animal. It is evident that according to all opinions in the mishna, the hanging limb and flesh are not regarded as a limb or flesh from a living animal, which would not need to be rendered susceptible to impurity, as they impart their own impurity.

Rav Ḥisda said to Rabba: The difficulty from the mishna can be refuted, as we refuted it earlier (73a), by claiming that the dispute about the blood rendering the animal susceptible to impurity concerns only the hanging flesh, but that a hanging limb from an animal that was slaughtered does have the status of a limb from a living animal and the associated impurity.

The Gemara relates that when Rabbi Zeira ascended to Eretz Yisrael he found Rav Yirmeya sitting and saying this halakha of Rav, i.e., that if the bone is broken above the leg joint and the flesh is not intact, the animal is a tereifa. Rabbi Zeira said to him: You have spoken well, and Aryokh interpreted the matter likewise in Babylonia. The Gemara asks: Who is Aryokh? It is Shmuel. But that is difficult, as Shmuel disagrees with Rav concerning this issue. The Gemara explains: Shmuel retracted his opinion in favor of that of Rav.

§ The Sages taught in a baraita: In a case where the bone broke and protruded outward, if skin and flesh cover a majority of the bone the animal is permitted; if not, it is prohibited. The Gemara asks: And how much is a majority of a bone? When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan says: A majority of its width, and some say that he said: A majority of its circumference. Rav Pappa said: Therefore, as there is no clear ruling on the matter, we require that the bone be covered by a majority of its width, and we also require that it be covered by a majority of its circumference.

Ulla said that Rabbi Yoḥanan said: Skin is like flesh with regard to this issue, i.e., if the flesh has been removed but the skin covers a majority of the bone, the animal is kosher. Rav Naḥman said to Ulla: And let the Master say that skin combines with flesh, i.e., that if flesh and skin together cover a majority of the bone the animal is kosher, as the tanna of the above baraita teaches: Skin and flesh, which indicates that skin alone is ineffective. Ulla said to him: We learned that the baraita states: Skin or flesh.

Some say that there is a different version of this discussion: Ulla said that Rabbi Yoḥanan said: Skin combines with flesh. Rav Naḥman said to Ulla: And let the Master say that skin completes the amount of flesh required, and this is a stringent ruling. This would mean that if the majority of the bone is covered mostly with flesh and the rest of the majority is covered with skin the animal is kosher, but if the majority is covered half with flesh and half with skin, it is not kosher.

Ulla said to him: I know my ruling from the following incident: As there was a certain fledgling that was in the house of Rabbi Yitzḥak, and its leg broke, and it was a situation where the skin combined with flesh to cover the majority of the bone. And Rabbi Yitzḥak came before Rabbi Yoḥanan and he deemed the bird kosher. Rav Naḥman said to him: Do you speak of a fledgling? The halakha in the case of a fledgling is different, as its skin is soft and is considered like flesh.

The Gemara further relates: There was a case involving certain soft sinews that combined with flesh to cover the majority of a broken bone, and they came before Rabba for a ruling. Rabba said: What concern is there with the sinews in this case? First, there is no concern, because Rabbi Yoḥanan says: With regard to sinews that will ultimately harden,

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)
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