This month’s learning is dedicated to the refuah shleima of our dear friend, Phyllis Hecht, גיטל פעשא בת מאשה רחל by all her many friends who love and admire her. Phyllis’ emuna, strength, and positivity are an inspiration.
This week’s learning is sponsored by the Miller Rotenberg family in loving memory of their daughter Tanielle Miller on her 21st yahrzeit. “We honor and celebrate her memory by continuing the paths she forged, keeping her love of community, chesed, Israel, and learning, alive and vibrant.”
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This month’s learning is dedicated to the refuah shleima of our dear friend, Phyllis Hecht, גיטל פעשא בת מאשה רחל by all her many friends who love and admire her. Phyllis’ emuna, strength, and positivity are an inspiration.
This week’s learning is sponsored by the Miller Rotenberg family in loving memory of their daughter Tanielle Miller on her 21st yahrzeit. “We honor and celebrate her memory by continuing the paths she forged, keeping her love of community, chesed, Israel, and learning, alive and vibrant.”
Chullin 41
אבל זבח לא ואי אין אדם אוסר דבר שאינו שלו מאי אריא חטאת העוף אפי’ חטאת בהמה נמי כיון דקניא ליה לכפרה כדידיה דמיא
But in the case of an animal offering there is no way in which one can violate all three prohibitions simultaneously. But if a person does not render forbidden an item that is not his, why must the tanna teach the halakha specifically with regard to a bird sin offering? The same halakha would apply even in the case of an animal sin offering. This is because cutting one siman for idolatry does not render the animal forbidden, as the priest has the exclusive right to derive benefit from it, so it does not belong to the owner anymore. Therefore, one would violate the three prohibitions simultaneously. The Gemara answers: Since one who brings a sin offering acquires the animal for his atonement, its status is like that of an animal that is his, and he renders it forbidden with the first cut at the beginning of the slaughter.
ת”ש ב’ אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה הכא במאי עסקינן דאית ליה שותפות בגוה
The Gemara suggests: Come and hear another objection from the mishna: If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. Based on the formulation of the mishna, the one slaughtering with improper intent is not necessarily the owner of the animal. How, then, can he render the animal forbidden? Apparently, one can render forbidden an item that is not his. The Gemara answers: What are we dealing with here? We are dealing with a case where the one with improper intent has a partnership share in the animal, so he is rendering his own animal forbidden.
ת”ש המטמא והמדמע והמנסך בשוגג פטור במזיד חייב הכא נמי דאית ליה שותפות בגוה
The Gemara suggests: Come and hear another objection from a mishna (Gittin 52b): With regard to one who renders another’s food impure, and one who mixes teruma with another’s non-sacred produce, and one who pours another’s wine as a libation before an idol, if he did so unwittingly, he is exempt from payment of damages, even though he caused the other monetary loss. If he did so intentionally, he is liable to pay damages. Apparently, one can render forbidden an item that is not his. The Gemara answers: Here too it is a case where the one who caused the damage has a partnership share in the produce.
כתנאי עובד כוכבים שניסך יינו של ישראל שלא בפני עבודת כוכבים אסרו ר’ יהודה בן בתירא ור’ יהודה בן בבא מתירין אותו מפני שני דברים אחד שאין מנסכין יין אלא בפני עבודת כוכבים ואחד שיכול לומר לו לא כל הימנך שתאסר ייני לאונסי
The Gemara notes that the dispute whether one who slaughters another’s animal for idol worship renders the animal forbidden, in accordance with Rav Huna, or does not render it forbidden, in accordance with Rav Naḥman, Rav Amram, and Rav Yitzḥak, is parallel to a dispute between tanna’im in a baraita: In the case of a gentile who poured a Jew’s wine as an idolatrous libation, but not in the presence of an object of idol worship, he has rendered the wine forbidden. Rabbi Yehuda ben Beteira and Rabbi Yehuda ben Bava permit drinking the wine due to two factors: One is that the presumption is that idol worshippers pour wine as an idolatrous libation only in the presence of an object of idol worship. And the other one is that even if the gentile poured the wine as an idolatrous libation, the Jew can say to the gentile: It is not within your power to render my wine forbidden against my will.
ורב נחמן ורב עמרם ורב יצחק אמרי אפי’ למ”ד אדם אוסר דבר שאינו שלו ה”מ כותי אבל ישראל לצעוריה קא מיכוין
And Rav Naḥman, and Rav Amram, and Rav Yitzḥak say: Although Rav Huna’s opinion is compatible only with the opinion of the first tanna in the baraita and not with the opinion of Rabbi Yehuda ben Beteira and Rabbi Yehuda ben Bava, we can state our opinion even according to the one who says that a person renders forbidden an item that is not his, e.g., by pouring his wine as a libation or slaughtering his animal for idol worship. This statement applies only in a case where a gentile pours the libation or slaughters the animal. But if a Jew pours the wine or slaughters the animal, presumably he intends to torment that other person, and not to engage in idol worship. Therefore, a Jew does not render the animal forbidden.
ת”ש ב’ אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה הכא במאי עסקינן בישראל מומר
The Gemara suggests: Come and hear a contradiction to that distinction from the mishna: If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. As the mishna is discussing a case involving Jews, this indicates that even a Jew who slaughters an animal for idol worship renders it forbidden. The Gemara answers: What are we dealing with here? We are dealing with the case of a Jewish transgressor whose intent when declaring that his slaughter is for the sake of mountains, hills, or other natural entities is for idol worship.
ת”ש המטמא והמדמע והמנסך בשוגג פטור במזיד חייב הכא נמי בישראל מומר
The Gemara suggests: Come and hear a contradiction to the distinction between a Jew and gentile from a mishna (Gittin 52b): With regard to one who renders another’s food impure, and one who mixes teruma with another’s non-sacred produce, and one who pours another’s wine as a libation before an idol, if he did so unwittingly, he is exempt from payment of damages, even though he caused the other monetary loss. If he did so intentionally, he is liable to pay damages. Apparently, a Jew who pours wine as a libation for idolatry renders wine that is not his forbidden. The Gemara answers: Here too the reference is to an apostate Jew whose intent is for idol worship.
אמר ליה רב אחא בריה דרבא לרב אשי התרו בו וקבל עליו התראה מאי אמר ליה התיר עצמו למיתה קאמרת אין לך מומר גדול מזה:
Rav Aḥa, son of Rava, said to Rav Ashi: With regard to a Jew who is not a transgressor but declared that he is slaughtering another’s animal for idolatry, if those who heard his declaration forewarned him that doing so is prohibited by Torah law and is punishable by death, and he acknowledged the forewarning and said: It is in full knowledge of the prohibition and the punishment that I do so, what is the halakha? Does he render the animal forbidden in that case? Rav Ashi said to him: Are you saying a case where he subjected himself to death by acknowledging the forewarning? You have no transgressor greater than that, and he certainly renders the animal forbidden.
מתני׳ אין שוחטין לא לתוך ימים ולא לתוך נהרות ולא לתוך כלים אבל שוחט הוא לתוך עוגה של מים ובספינה על גבי כלים אין שוחטין לגומא כל עיקר אבל עושה גומא בתוך ביתו בשביל שיכנס הדם לתוכה ובשוק לא יעשה כן שלא
MISHNA: One may not slaughter an animal and have its blood flow, neither into seas, nor into rivers, nor into vessels, as in all those cases it appears that he is slaughtering the animal in the manner of idolaters. But one may slaughter an animal and have its blood flow into a round excavation containing water. And on a ship, one may slaughter an animal onto vessels as it is clear that his objective is to avoid sullying the ship. One may not slaughter an animal and have its blood flow into a small hole in the ground at all, but one may fashion a small hole inside his house so that the blood will enter into it. And in the marketplace one may not do so, so that he will not
יחקה את הצדוקים:
appear to emulate [yeḥakkeh] the heretics.
גמ׳ אין שוחטין לא לתוך וכו’: מאי שנא לתוך ימים דלא דאמרי לשרא דימא קא שחיט לתוך עוגה של מים נמי אמרי לבבואה קא שחיט אמר רבא בעכורים שנו:
GEMARA: The mishna teaches: One may not slaughter an animal and have its blood flow, neither into seas, nor into rivers, nor into vessels, but one may slaughter an animal and have its blood flow into a round excavation containing water. The Gemara asks: What is different about slaughter into seas? Is it that one may not perform it, as onlookers will say: He is slaughtering to the angel of the sea? If so, slaughter into a round excavation containing water should also be prohibited, as onlookers will say: He is slaughtering to his reflection [bavua], which is also similar to idolatry. Rava said: The tanna’im taught that halakha in the case of murky water, in which no reflection can be seen.
אין שוחטין לגומא וכו’: והא אמרת אין שוחטין לגומא כלל אמר אביי רישא בגומא שבשוק
§ The mishna states: One may not slaughter an animal and have its blood flow into a small hole in the ground at all, but one may fashion a small hole inside his house so that the blood will enter into it. The Gemara asks: How is it permitted to slaughter and have the blood flow into a hole inside his house? But didn’t you initially say that one may not slaughter an animal and have its blood flow into a small hole in the ground at all? Abaye said: The first clause of the mishna, where there is a blanket prohibition against having the blood flow into a small hole, is referring to a small hole that is in the marketplace.
אמר ליה רבא והא מדקתני סיפא ובשוק לא יעשה כן מכלל דרישא לאו בשוק עסקינן
Rava said to him: But isn’t it so that from the fact that the latter clause teaches: And in the marketplace one may not do so, it may be inferred that in the first clause we are not dealing with the marketplace?
אלא אמר רבא הכי קאמר אין שוחטין לגומא כל עיקר והרוצה לנקר חצרו כיצד הוא עושה עושה מקום חוץ לגומא ושוחט ודם שותת ויורד לגומא ובשוק לא יעשה כן שלא יחקה את הצדוקים
Rather, Rava said that this is what the mishna is saying: One may not slaughter an animal and have its blood flow into a small hole in the ground at all. And one who wishes to clean his courtyard and ensure that it will not be sullied in blood, how does he do so? He fashions a place with an incline or a furrow outside the small hole, and slaughters the animal there, and the blood flows and descends into the hole. And in the marketplace one may not do so, so that he will not appear to emulate the heretics.
תניא כוותיה דרבא היה מהלך בספינה ואין לו מקום בספינה לשחוט מוציא ידו חוץ לספינה ושוחט ודם שותת ויורד על דופני הספינה ואין שוחט לגומא כל עיקר
It is taught in a baraita in accordance with the opinion of Rava: If one was traveling on a ship and he has no place on the ship to slaughter an animal, he extends his hand with a knife, holds the head of the animal outside the walls of the ship, and slaughters the animal there; and the blood flows and descends down the sides of the ship. He may not slaughter an animal and have its blood flow directly into the sea. And one may not slaughter an animal and have its blood flow into a small hole in the ground at all.
והרוצה לנקר חצרו כיצד הוא עושה עושה מקום חוץ לגומא ושוחט ודם שותת ויורד לגומא ובשוק לא יעשה כן משום שנאמר (ויקרא יח, ג) ובחוקותיהם לא תלכו ואם עשה כן צריך בדיקה אחריו:
And one who wishes to clean his courtyard and ensure that it will not be sullied with blood, how does he do so? He fashions a place with an incline or a furrow outside the small hole, and slaughters the animal there, and the blood flows and descends into the hole. And in the marketplace, one may not do so, as it is stated: “Neither shall you follow their statutes” (Leviticus 18:3). And if he did so, he requires examination after his actions to ascertain whether he is a heretic.
מתני׳ השוחט לשם עולה לשם זבחים לשם אשם תלוי לשם פסח לשם תודה שחיטתו פסולה ור”ש מכשיר
MISHNA: In the case of one who slaughters an animal and asserts that he is slaughtering it for the sake of a burnt offering, for the sake of a peace offering, for the sake of a provisional guilt offering, for the sake of a Paschal offering, or for the sake of a thanks offering, his slaughter is not valid, as it appears that he is consecrating animals and slaughtering sacrificial animals outside the Temple. And Rabbi Shimon deems his slaughter valid.
שנים אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה השוחט לשם חטאת לשם אשם ודאי לשם בכור לשם מעשר לשם תמורה שחיטתו כשרה
If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. With regard to one who slaughters an animal for the sake of a sin offering, for the sake of a guilt offering for a definite transgression, for the sake of the offering of a firstborn, for the sake of the offering of animal tithe, or for the sake of a substitute for a sacrificial animal, his slaughter is valid. All of these offerings may be brought only as obligations and not as gifts. Therefore, there is no concern that he consecrated the animals.
זה הכלל כל דבר שנידר ונידב השוחט לשמו אסור ושאינו נידר ונידב השוחט לשמו כשר:
This is the principle: For any item, i.e., offering, which is consecrated as a voluntary vow or gift, in the case of one who slaughters for its sake the animal is forbidden. And for any offering that is not consecrated as a voluntary vow or gift but is an obligation that is incumbent upon him, in the case of one who slaughters for its sake the animal is permitted.
גמ׳ השוחט לשם עולה אשם תלוי בר נידר ונידב הוא אמר ר’ יוחנן הא מני רבי אלעזר היא דאמר מתנדב אדם אשם תלוי בכל יום
GEMARA: The mishna teaches: In the case of one who slaughters an animal and asserts that he is slaughtering it for the sake of a burnt offering, for the sake of a peace offering, for the sake of a provisional guilt offering, for the sake of a Paschal offering, or for the sake of a thanks offering, the slaughter is not valid. This is because one who slaughters for the sake of any type of offering that is consecrated as a vow or as a gift renders the animal forbidden. The Gemara asks: Is a provisional guilt offering fit to be consecrated as a vow or as a gift? A provisional guilt offering is brought only when one is obligated to do so due to uncertainty whether or not he is liable to bring a sin offering. Rabbi Yoḥanan said: In accordance with whose opinion is this halakha in the mishna? It is in accordance with the opinion of Rabbi Elazar, who says in a mishna (Karetot 25a): A person donates a provisional guilt offering every day if he chooses, due to concern that perhaps he violated a prohibition.
פסח בר נידב ונידר הוא זמנא קביעא ליה אמר ר’ אושעיא שאני פסח הואיל והפרשתו כל השנה כולה
The Gemara asks: Is a Paschal offering fit to be consecrated as a vow or as a gift? The time is fixed for its offering on Passover eve, when bringing it is an obligation, and it may not be brought on any other day. Rabbi Oshaya said: The Paschal offering is different, since although the date for bringing and slaughtering it is the fourteenth of Nisan, its designation can be performed throughout the entire year.
א”ר ינאי לא שנו אלא תמימים אבל בעלי מומין מידע ידיע ור’ יוחנן אמר אפי’ בעלי מומין נמי זימנין דרמי ליה מידי אמומא ולא ידיע:
Rabbi Yannai says: The Sages taught that slaughter of an animal for the sake of an offering is not valid only if the animals were unblemished. But with regard to animals with blemishes, the slaughterer knows that they are blemished and disqualified from sacrifice. Therefore, despite his declaration, there is no concern that his actual intent was to slaughter the animal for that purpose. And Rabbi Yoḥanan says: Slaughter of an animal for the sake of an offering is not valid even if the animals were blemished as well, as there are times that an item is cast over the blemish and covers it, and he does not know that the animal is blemished.
השוחט לשם חטאת: א”ר יוחנן לא שנו אלא שאינו מחוייב חטאת אבל מחוייב חטאת אימא לשום חטאתו הוא עושה והא לא קאמר לשם חטאתי אמר ר’ אבהו באומר לשם חטאתי:
The mishna teaches: With regard to one who slaughters an animal for the sake of a sin offering, his slaughter is valid, as, since one cannot voluntarily contribute a sin offering, there is no concern that the onlookers will draw the wrong conclusion. Rabbi Yoḥanan says: The Sages taught that slaughter of an animal for the sake of a sin offering is valid only with regard to a slaughterer who is not liable to bring a sin offering. But a slaughterer who knows that he is liable to bring a sin offering, his slaughter is not valid. Say that he is performing consecration and slaughter for the sake of his sin offering. The Gemara asks: But didn’t he say before the slaughter: For the sake of a sin offering, and he did not say: For the sake of my sin offering? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of my sin offering.
לשם תמורה: אמר ר”א לא שנו אלא שאין לו זבח בתוך ביתו אבל יש לו זבח בתוך ביתו אימא אמורי אמיר ביה והא לא קאמר לשם תמורת זבחי א”ר אבהו באומר לשם תמורת זבחי:
The mishna teaches: With regard to one who slaughters for the sake of a substitute for a sacrificial animal, his slaughter is valid. Rabbi Elazar says: The Sages taught that the slaughter is valid only in a case where he does not have an animal consecrated as an offering inside his house for which it can be the substitute, but if he has an animal consecrated as an offering in his house, say that he is substituting this animal for it, and the slaughter is not valid. The Gemara asks: But didn’t he say before the slaughter: For the sake of a substitute for a sacrificial animal, and he did not say: For the sake of a substitute for my animal consecrated as an offering? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of a substitute for my animal consecrated as an offering.
זה הכלל: לאתויי מאי לאתויי עולת נזיר דמהו דתימא הא לא נדר אימר נדר בצינעא
The mishna states that this is the principle: For any offering that is consecrated as a voluntary vow or gift, in the case of one who slaughters for its sake, the animal is forbidden. The Gemara asks: What case does this clause add? The list in the mishna appears to be comprehensive. The Gemara answers: The clause serves to add the burnt offering of a nazirite. As, lest you say there is no concern in that case, as that person did not vow to become a nazirite and could not possibly be obligated to bring that offering, therefore, the tanna teaches that there is a concern if he said he was slaughtering for the sake of the burnt offering of a nazirite. Say that perhaps he vowed to become a nazirite in private, and no one else was aware of it.
ושאינו נידר ונידב לאתויי עולת יולדת
The Gemara asks: What is added by the second half of the principle: And for any offering that is not consecrated as a voluntary vow or as a gift, in the case of one who slaughters for its sake the animal is permitted? The Gemara answers: It serves to add the burnt offering of a woman after childbirth. If one slaughters an animal for the sake of a burnt offering of a woman after childbirth, the slaughter is valid, as it is an obligation.
א”ר אלעזר לא שנו אלא שאין לו אשה אבל יש לו אשה אימר לשמה הוא עושה והא לא קאמר לשם עולת אשתי א”ר אבהו באומר לשם עולת אשתי
Rabbi Elazar says: The Sages taught that the slaughter is valid only in a case where he does not have a wife. But if he has a wife, say that he performs consecration and slaughter of the animal for her sake and therefore the slaughter is not valid. The Gemara asks: But didn’t he say before the slaughter: For the sake of the burnt offering of a woman after childbirth, and he did not say: For the sake of the burnt offering of my wife after childbirth? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of the burnt offering of my wife after childbirth.
פשיטא
The Gemara objects: This is obvious. Clearly, if he explicitly declared that the slaughter is for the sake of the burnt offering of his wife after childbirth the slaughter is not valid.
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Worcester, United States
I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!
Zichron Yaakov, Israel
I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!
Hashmonaim, Israel
Hearing and reading about the siyumim at the completion of the 13 th cycle Daf Yomi asked our shul rabbi about starting the Daf – he directed me to another shiur in town he thought would allow a woman to join, and so I did! Love seeing the sources for the Divrei Torah I’ve been hearing for the past decades of living an observant life and raising 5 children .
Pittsburgh, Pennsylvania, United States
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Englewood NJ, United States
When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.
Minnesota, United States
I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!
Guildford, United Kingdom
I’ve been wanting to do Daf Yomi for years, but always wanted to start at the beginning and not in the middle of things. When the opportunity came in 2020, I decided: “this is now the time!” I’ve been posting my journey daily on social media, tracking my progress (#DafYomi); now it’s fully integrated into my daily routines. I’ve also inspired my partner to join, too!
Teaneck, United States
Chullin 41
אבל זבח לא ואי אין אדם אוסר דבר שאינו שלו מאי אריא חטאת העוף אפי’ חטאת בהמה נמי כיון דקניא ליה לכפרה כדידיה דמיא
But in the case of an animal offering there is no way in which one can violate all three prohibitions simultaneously. But if a person does not render forbidden an item that is not his, why must the tanna teach the halakha specifically with regard to a bird sin offering? The same halakha would apply even in the case of an animal sin offering. This is because cutting one siman for idolatry does not render the animal forbidden, as the priest has the exclusive right to derive benefit from it, so it does not belong to the owner anymore. Therefore, one would violate the three prohibitions simultaneously. The Gemara answers: Since one who brings a sin offering acquires the animal for his atonement, its status is like that of an animal that is his, and he renders it forbidden with the first cut at the beginning of the slaughter.
ת”ש ב’ אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה הכא במאי עסקינן דאית ליה שותפות בגוה
The Gemara suggests: Come and hear another objection from the mishna: If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. Based on the formulation of the mishna, the one slaughtering with improper intent is not necessarily the owner of the animal. How, then, can he render the animal forbidden? Apparently, one can render forbidden an item that is not his. The Gemara answers: What are we dealing with here? We are dealing with a case where the one with improper intent has a partnership share in the animal, so he is rendering his own animal forbidden.
ת”ש המטמא והמדמע והמנסך בשוגג פטור במזיד חייב הכא נמי דאית ליה שותפות בגוה
The Gemara suggests: Come and hear another objection from a mishna (Gittin 52b): With regard to one who renders another’s food impure, and one who mixes teruma with another’s non-sacred produce, and one who pours another’s wine as a libation before an idol, if he did so unwittingly, he is exempt from payment of damages, even though he caused the other monetary loss. If he did so intentionally, he is liable to pay damages. Apparently, one can render forbidden an item that is not his. The Gemara answers: Here too it is a case where the one who caused the damage has a partnership share in the produce.
כתנאי עובד כוכבים שניסך יינו של ישראל שלא בפני עבודת כוכבים אסרו ר’ יהודה בן בתירא ור’ יהודה בן בבא מתירין אותו מפני שני דברים אחד שאין מנסכין יין אלא בפני עבודת כוכבים ואחד שיכול לומר לו לא כל הימנך שתאסר ייני לאונסי
The Gemara notes that the dispute whether one who slaughters another’s animal for idol worship renders the animal forbidden, in accordance with Rav Huna, or does not render it forbidden, in accordance with Rav Naḥman, Rav Amram, and Rav Yitzḥak, is parallel to a dispute between tanna’im in a baraita: In the case of a gentile who poured a Jew’s wine as an idolatrous libation, but not in the presence of an object of idol worship, he has rendered the wine forbidden. Rabbi Yehuda ben Beteira and Rabbi Yehuda ben Bava permit drinking the wine due to two factors: One is that the presumption is that idol worshippers pour wine as an idolatrous libation only in the presence of an object of idol worship. And the other one is that even if the gentile poured the wine as an idolatrous libation, the Jew can say to the gentile: It is not within your power to render my wine forbidden against my will.
ורב נחמן ורב עמרם ורב יצחק אמרי אפי’ למ”ד אדם אוסר דבר שאינו שלו ה”מ כותי אבל ישראל לצעוריה קא מיכוין
And Rav Naḥman, and Rav Amram, and Rav Yitzḥak say: Although Rav Huna’s opinion is compatible only with the opinion of the first tanna in the baraita and not with the opinion of Rabbi Yehuda ben Beteira and Rabbi Yehuda ben Bava, we can state our opinion even according to the one who says that a person renders forbidden an item that is not his, e.g., by pouring his wine as a libation or slaughtering his animal for idol worship. This statement applies only in a case where a gentile pours the libation or slaughters the animal. But if a Jew pours the wine or slaughters the animal, presumably he intends to torment that other person, and not to engage in idol worship. Therefore, a Jew does not render the animal forbidden.
ת”ש ב’ אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה הכא במאי עסקינן בישראל מומר
The Gemara suggests: Come and hear a contradiction to that distinction from the mishna: If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. As the mishna is discussing a case involving Jews, this indicates that even a Jew who slaughters an animal for idol worship renders it forbidden. The Gemara answers: What are we dealing with here? We are dealing with the case of a Jewish transgressor whose intent when declaring that his slaughter is for the sake of mountains, hills, or other natural entities is for idol worship.
ת”ש המטמא והמדמע והמנסך בשוגג פטור במזיד חייב הכא נמי בישראל מומר
The Gemara suggests: Come and hear a contradiction to the distinction between a Jew and gentile from a mishna (Gittin 52b): With regard to one who renders another’s food impure, and one who mixes teruma with another’s non-sacred produce, and one who pours another’s wine as a libation before an idol, if he did so unwittingly, he is exempt from payment of damages, even though he caused the other monetary loss. If he did so intentionally, he is liable to pay damages. Apparently, a Jew who pours wine as a libation for idolatry renders wine that is not his forbidden. The Gemara answers: Here too the reference is to an apostate Jew whose intent is for idol worship.
אמר ליה רב אחא בריה דרבא לרב אשי התרו בו וקבל עליו התראה מאי אמר ליה התיר עצמו למיתה קאמרת אין לך מומר גדול מזה:
Rav Aḥa, son of Rava, said to Rav Ashi: With regard to a Jew who is not a transgressor but declared that he is slaughtering another’s animal for idolatry, if those who heard his declaration forewarned him that doing so is prohibited by Torah law and is punishable by death, and he acknowledged the forewarning and said: It is in full knowledge of the prohibition and the punishment that I do so, what is the halakha? Does he render the animal forbidden in that case? Rav Ashi said to him: Are you saying a case where he subjected himself to death by acknowledging the forewarning? You have no transgressor greater than that, and he certainly renders the animal forbidden.
מתני׳ אין שוחטין לא לתוך ימים ולא לתוך נהרות ולא לתוך כלים אבל שוחט הוא לתוך עוגה של מים ובספינה על גבי כלים אין שוחטין לגומא כל עיקר אבל עושה גומא בתוך ביתו בשביל שיכנס הדם לתוכה ובשוק לא יעשה כן שלא
MISHNA: One may not slaughter an animal and have its blood flow, neither into seas, nor into rivers, nor into vessels, as in all those cases it appears that he is slaughtering the animal in the manner of idolaters. But one may slaughter an animal and have its blood flow into a round excavation containing water. And on a ship, one may slaughter an animal onto vessels as it is clear that his objective is to avoid sullying the ship. One may not slaughter an animal and have its blood flow into a small hole in the ground at all, but one may fashion a small hole inside his house so that the blood will enter into it. And in the marketplace one may not do so, so that he will not
יחקה את הצדוקים:
appear to emulate [yeḥakkeh] the heretics.
גמ׳ אין שוחטין לא לתוך וכו’: מאי שנא לתוך ימים דלא דאמרי לשרא דימא קא שחיט לתוך עוגה של מים נמי אמרי לבבואה קא שחיט אמר רבא בעכורים שנו:
GEMARA: The mishna teaches: One may not slaughter an animal and have its blood flow, neither into seas, nor into rivers, nor into vessels, but one may slaughter an animal and have its blood flow into a round excavation containing water. The Gemara asks: What is different about slaughter into seas? Is it that one may not perform it, as onlookers will say: He is slaughtering to the angel of the sea? If so, slaughter into a round excavation containing water should also be prohibited, as onlookers will say: He is slaughtering to his reflection [bavua], which is also similar to idolatry. Rava said: The tanna’im taught that halakha in the case of murky water, in which no reflection can be seen.
אין שוחטין לגומא וכו’: והא אמרת אין שוחטין לגומא כלל אמר אביי רישא בגומא שבשוק
§ The mishna states: One may not slaughter an animal and have its blood flow into a small hole in the ground at all, but one may fashion a small hole inside his house so that the blood will enter into it. The Gemara asks: How is it permitted to slaughter and have the blood flow into a hole inside his house? But didn’t you initially say that one may not slaughter an animal and have its blood flow into a small hole in the ground at all? Abaye said: The first clause of the mishna, where there is a blanket prohibition against having the blood flow into a small hole, is referring to a small hole that is in the marketplace.
אמר ליה רבא והא מדקתני סיפא ובשוק לא יעשה כן מכלל דרישא לאו בשוק עסקינן
Rava said to him: But isn’t it so that from the fact that the latter clause teaches: And in the marketplace one may not do so, it may be inferred that in the first clause we are not dealing with the marketplace?
אלא אמר רבא הכי קאמר אין שוחטין לגומא כל עיקר והרוצה לנקר חצרו כיצד הוא עושה עושה מקום חוץ לגומא ושוחט ודם שותת ויורד לגומא ובשוק לא יעשה כן שלא יחקה את הצדוקים
Rather, Rava said that this is what the mishna is saying: One may not slaughter an animal and have its blood flow into a small hole in the ground at all. And one who wishes to clean his courtyard and ensure that it will not be sullied in blood, how does he do so? He fashions a place with an incline or a furrow outside the small hole, and slaughters the animal there, and the blood flows and descends into the hole. And in the marketplace one may not do so, so that he will not appear to emulate the heretics.
תניא כוותיה דרבא היה מהלך בספינה ואין לו מקום בספינה לשחוט מוציא ידו חוץ לספינה ושוחט ודם שותת ויורד על דופני הספינה ואין שוחט לגומא כל עיקר
It is taught in a baraita in accordance with the opinion of Rava: If one was traveling on a ship and he has no place on the ship to slaughter an animal, he extends his hand with a knife, holds the head of the animal outside the walls of the ship, and slaughters the animal there; and the blood flows and descends down the sides of the ship. He may not slaughter an animal and have its blood flow directly into the sea. And one may not slaughter an animal and have its blood flow into a small hole in the ground at all.
והרוצה לנקר חצרו כיצד הוא עושה עושה מקום חוץ לגומא ושוחט ודם שותת ויורד לגומא ובשוק לא יעשה כן משום שנאמר (ויקרא יח, ג) ובחוקותיהם לא תלכו ואם עשה כן צריך בדיקה אחריו:
And one who wishes to clean his courtyard and ensure that it will not be sullied with blood, how does he do so? He fashions a place with an incline or a furrow outside the small hole, and slaughters the animal there, and the blood flows and descends into the hole. And in the marketplace, one may not do so, as it is stated: “Neither shall you follow their statutes” (Leviticus 18:3). And if he did so, he requires examination after his actions to ascertain whether he is a heretic.
מתני׳ השוחט לשם עולה לשם זבחים לשם אשם תלוי לשם פסח לשם תודה שחיטתו פסולה ור”ש מכשיר
MISHNA: In the case of one who slaughters an animal and asserts that he is slaughtering it for the sake of a burnt offering, for the sake of a peace offering, for the sake of a provisional guilt offering, for the sake of a Paschal offering, or for the sake of a thanks offering, his slaughter is not valid, as it appears that he is consecrating animals and slaughtering sacrificial animals outside the Temple. And Rabbi Shimon deems his slaughter valid.
שנים אוחזין בסכין ושוחטין אחד לשום אחד מכל אלו ואחד לשום דבר כשר שחיטתו פסולה השוחט לשם חטאת לשם אשם ודאי לשם בכור לשם מעשר לשם תמורה שחיטתו כשרה
If there were two people grasping a knife together and slaughtering an animal, one slaughtering for the sake of one of all those enumerated in the first clause of the mishna and one slaughtering for the sake of a legitimate matter, their slaughter is not valid. With regard to one who slaughters an animal for the sake of a sin offering, for the sake of a guilt offering for a definite transgression, for the sake of the offering of a firstborn, for the sake of the offering of animal tithe, or for the sake of a substitute for a sacrificial animal, his slaughter is valid. All of these offerings may be brought only as obligations and not as gifts. Therefore, there is no concern that he consecrated the animals.
זה הכלל כל דבר שנידר ונידב השוחט לשמו אסור ושאינו נידר ונידב השוחט לשמו כשר:
This is the principle: For any item, i.e., offering, which is consecrated as a voluntary vow or gift, in the case of one who slaughters for its sake the animal is forbidden. And for any offering that is not consecrated as a voluntary vow or gift but is an obligation that is incumbent upon him, in the case of one who slaughters for its sake the animal is permitted.
גמ׳ השוחט לשם עולה אשם תלוי בר נידר ונידב הוא אמר ר’ יוחנן הא מני רבי אלעזר היא דאמר מתנדב אדם אשם תלוי בכל יום
GEMARA: The mishna teaches: In the case of one who slaughters an animal and asserts that he is slaughtering it for the sake of a burnt offering, for the sake of a peace offering, for the sake of a provisional guilt offering, for the sake of a Paschal offering, or for the sake of a thanks offering, the slaughter is not valid. This is because one who slaughters for the sake of any type of offering that is consecrated as a vow or as a gift renders the animal forbidden. The Gemara asks: Is a provisional guilt offering fit to be consecrated as a vow or as a gift? A provisional guilt offering is brought only when one is obligated to do so due to uncertainty whether or not he is liable to bring a sin offering. Rabbi Yoḥanan said: In accordance with whose opinion is this halakha in the mishna? It is in accordance with the opinion of Rabbi Elazar, who says in a mishna (Karetot 25a): A person donates a provisional guilt offering every day if he chooses, due to concern that perhaps he violated a prohibition.
פסח בר נידב ונידר הוא זמנא קביעא ליה אמר ר’ אושעיא שאני פסח הואיל והפרשתו כל השנה כולה
The Gemara asks: Is a Paschal offering fit to be consecrated as a vow or as a gift? The time is fixed for its offering on Passover eve, when bringing it is an obligation, and it may not be brought on any other day. Rabbi Oshaya said: The Paschal offering is different, since although the date for bringing and slaughtering it is the fourteenth of Nisan, its designation can be performed throughout the entire year.
א”ר ינאי לא שנו אלא תמימים אבל בעלי מומין מידע ידיע ור’ יוחנן אמר אפי’ בעלי מומין נמי זימנין דרמי ליה מידי אמומא ולא ידיע:
Rabbi Yannai says: The Sages taught that slaughter of an animal for the sake of an offering is not valid only if the animals were unblemished. But with regard to animals with blemishes, the slaughterer knows that they are blemished and disqualified from sacrifice. Therefore, despite his declaration, there is no concern that his actual intent was to slaughter the animal for that purpose. And Rabbi Yoḥanan says: Slaughter of an animal for the sake of an offering is not valid even if the animals were blemished as well, as there are times that an item is cast over the blemish and covers it, and he does not know that the animal is blemished.
השוחט לשם חטאת: א”ר יוחנן לא שנו אלא שאינו מחוייב חטאת אבל מחוייב חטאת אימא לשום חטאתו הוא עושה והא לא קאמר לשם חטאתי אמר ר’ אבהו באומר לשם חטאתי:
The mishna teaches: With regard to one who slaughters an animal for the sake of a sin offering, his slaughter is valid, as, since one cannot voluntarily contribute a sin offering, there is no concern that the onlookers will draw the wrong conclusion. Rabbi Yoḥanan says: The Sages taught that slaughter of an animal for the sake of a sin offering is valid only with regard to a slaughterer who is not liable to bring a sin offering. But a slaughterer who knows that he is liable to bring a sin offering, his slaughter is not valid. Say that he is performing consecration and slaughter for the sake of his sin offering. The Gemara asks: But didn’t he say before the slaughter: For the sake of a sin offering, and he did not say: For the sake of my sin offering? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of my sin offering.
לשם תמורה: אמר ר”א לא שנו אלא שאין לו זבח בתוך ביתו אבל יש לו זבח בתוך ביתו אימא אמורי אמיר ביה והא לא קאמר לשם תמורת זבחי א”ר אבהו באומר לשם תמורת זבחי:
The mishna teaches: With regard to one who slaughters for the sake of a substitute for a sacrificial animal, his slaughter is valid. Rabbi Elazar says: The Sages taught that the slaughter is valid only in a case where he does not have an animal consecrated as an offering inside his house for which it can be the substitute, but if he has an animal consecrated as an offering in his house, say that he is substituting this animal for it, and the slaughter is not valid. The Gemara asks: But didn’t he say before the slaughter: For the sake of a substitute for a sacrificial animal, and he did not say: For the sake of a substitute for my animal consecrated as an offering? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of a substitute for my animal consecrated as an offering.
זה הכלל: לאתויי מאי לאתויי עולת נזיר דמהו דתימא הא לא נדר אימר נדר בצינעא
The mishna states that this is the principle: For any offering that is consecrated as a voluntary vow or gift, in the case of one who slaughters for its sake, the animal is forbidden. The Gemara asks: What case does this clause add? The list in the mishna appears to be comprehensive. The Gemara answers: The clause serves to add the burnt offering of a nazirite. As, lest you say there is no concern in that case, as that person did not vow to become a nazirite and could not possibly be obligated to bring that offering, therefore, the tanna teaches that there is a concern if he said he was slaughtering for the sake of the burnt offering of a nazirite. Say that perhaps he vowed to become a nazirite in private, and no one else was aware of it.
ושאינו נידר ונידב לאתויי עולת יולדת
The Gemara asks: What is added by the second half of the principle: And for any offering that is not consecrated as a voluntary vow or as a gift, in the case of one who slaughters for its sake the animal is permitted? The Gemara answers: It serves to add the burnt offering of a woman after childbirth. If one slaughters an animal for the sake of a burnt offering of a woman after childbirth, the slaughter is valid, as it is an obligation.
א”ר אלעזר לא שנו אלא שאין לו אשה אבל יש לו אשה אימר לשמה הוא עושה והא לא קאמר לשם עולת אשתי א”ר אבהו באומר לשם עולת אשתי
Rabbi Elazar says: The Sages taught that the slaughter is valid only in a case where he does not have a wife. But if he has a wife, say that he performs consecration and slaughter of the animal for her sake and therefore the slaughter is not valid. The Gemara asks: But didn’t he say before the slaughter: For the sake of the burnt offering of a woman after childbirth, and he did not say: For the sake of the burnt offering of my wife after childbirth? Why, then, is that a concern? Rabbi Abbahu said: Indeed, the reference is to a case where he says: I am slaughtering this animal for the sake of the burnt offering of my wife after childbirth.
פשיטא
The Gemara objects: This is obvious. Clearly, if he explicitly declared that the slaughter is for the sake of the burnt offering of his wife after childbirth the slaughter is not valid.
