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0:16 All right, so we'll say good morning good morning or good to walk such as to be able to begin another week of Missachus cooling together. Begin by thanking all of our sponsors for this morning share. To thank our Thomas or sponsors for the month of Steven about the Torah and machine to tell men for dedicating all of the Sherman's rush hours of this month in memory of Abraham's father. 0:38 We're going to follow you heal Ben Avram and I would like to thank you for sponsoring for today Yael and Sarah Steinberg in the of continued health for Shulamis Bas Susha and as a shame in the merit of an enduring before Shelima. Of course, as always we dedicate our learning in the of our brothers and sisters in Israel. May Hashem continue to shower them with Shmiras Torah, Hashkacha, and 1:01 Hatzlacha. And may Hashem may our soldiers be successful be called Masai day. And we also dedicate our learning in the of the of the nishamas of the two soldiers who were killed over Shabbos, Captain Shahar Gamla and Sergeant Ohad Yaari. 1:17 Clal Yisrael continues to make overwhelming sacrifices. You know, we also we have to be so vigilant and so and so careful. You know, if even if you notice a little bit and this is what happens. This is human nature. And you know, as we begin we're still saying tillim at the end of every davening and again kind of like we don't realize it. It just becomes like another piece. We have to be so careful that we're not talking, so careful that we're vigilant, so 1:40 careful that we're plugged in to the to the tail, and to the Achienu, to the Misheberach for Tzal during the week, during Shabbos. There's still a war going on. Still a war going on and there are still beautiful nishamas that are being offered up on the Misbeach of Clal Yisrael, of Yisrael, and Yisrael of And there are still families that are paying the ultimate sacrifice, paying the ultimate price so that Am Yisrael could hold on to what is eternally ours. 2:05 And it's important that at least from our perspective that we continue to daven, we continue to learn. And when we recite the behalf of Am Yisrael and Eretz Yisrael that we give it really our full and undivided attention. Otherwise, it just be a week of Yeshua's in Brachot and Halacha in incredible hotzlacha for Am Yisrael and for Eretz Yisrael. But as with that, let us begin. 2:23 We have a lot to do today. Baruch Hashem a really incredible daf. Today's daf is lamed ches. Today's daf is 38. We are picking up in Eretz Yisrael on the bottom of lamed zayin of today's great daf yesterday. Baruch Hashem, we left off dami misukenet, which is which is two four six eight 10 11 lines up from the bottom. So remember again about the mishnah introduced us to the idea that a 2:47 misukenet is kosher. You can schecht a misukenet. However, in order to schecht a misukenet, in order to eat the misukenet, you have to make sure that the animal exhibits some level of vitality. Now, why? What are we concerned about with the misukenet? What are we concerned about? We're concerned that the animal is going to die before the schechita is complete. That's what we're concerned about. So therefore, it needs some level of vitality to show that the animal has in fact survived the schechita and died as a result of 3:11 schechita, not died during schechita. That That's That's what's happening over here. So now, so we spent all of yesterday's daf pretty much not not pretty much all of yesterday's daf focused on well, how do we know that even a misukenet is kosher? In other words, the In other words, you you were operating under the assumption misukenet is kosher. I would have thought my having me it would have been that a misukenet should not be consumed. So we yet spent yesterday's daf establishing from two different 3:35 sources that a misukenet is fit for consumption. Now the Gemara says, dami misukenet, what exactly is the case of misukenet? Right, what is this case of misukenet? Gemara says, this is very interesting. Kosher amida in amida. Anytime an animal essentially can't stand on its own, that if you try to help the animal stand up, you try to help the animal stand up, but 4:00 the animal can't stand on its own, that's a misukenes. That's a misukenes which I both say. The Gemara says if you take a If you think about that for just a moment, like it's almost like there's a tremendous musar in that as well. The most important thing in life is the ability to stand on your own. 4:17 And if you can't stand on your own, you begin the misukenes. Sometimes in life we can't stand on our own. Sometimes we need to be assisted. But the maiseh so much of life is being in learning to be independent. It doesn't mean that we can't rely on other people for help at times. It doesn't mean that we can't go ahead and lean on other people at times, but there's a problem that if you always rely on other people and you always 4:40 outsource your success to other people, it's very hard to move forward in life. So much of life is about finding the ability to stand on your own two feet. And the inability to do so, unfortunately, puts you in sakana. Puts you in ongoing danger, existential danger, and an inability to fully self-actualize. Back to the Gemara. So, what's the definition of a misukenes? 5:03 Any animal that can't stand on its own. So, the Gemara said "Amar afilu ocheles bakiyos." Even if you know, literally translated this means even if the animal is able to eat wood. Now, what does it mean? What does it mean the animal is going to eat wood? In other words, let's say the animal is so strong that it could literally bite down and chomp down on pieces of wood, which would seem to indicate a heightened level of vitality, but even so, an animal needs to be able to stand 5:27 on its own, and if it can't stand on its own, that by definition is misukenes. So, now we have a definition for misukenes. Misukenes is any animal where if you try to stand it up, you try to encourage it to stand up, you actually prop it up, if it cannot support its own weight, that is begeder misukenes. "Rabi Yishmael amar afilu ocheles koros." Even if it eats beams, okay? "Besura masniyochi." This will the version had 5:50 in sura the pumpadisa masina in pumpadisa they had the following version hey what's the case of misukenes what's the case of misukenes am I kosher also any animal we try to stand it up but it can't stand on its own it can't support its own weight or even if it eats pieces of wood even if it's eating beans so what say by 6:16 the way there's no there's no distinction between the version in sura and pumpadisa just it's worded a little bit differently but everyone is agreeing on the same principle what's the principle the definition of a misukenes is an animal which cannot stand on its own that's the definition of misukenes incredible so let me ask sorry ask shmuel the time 6:39 so shmuel ran into some of the students of rav I remember my rav misukenes tell me what did rav have to say in the case of misukenes what did he say in the case of misukenes am I this is what rav said top of the house go the way the kishkes of the heart is a pure cos so again I want to say so now interesting if let's take a 7:03 step back now we've established a definition of misukenes misukenes is any animal that is so physically compromised that it cannot support its own weight even if it's strong and vital in other areas if you can't support its own weight that is misukenes true for animals true for people I will say now what do we want to be established on the mission in order for a misukenes animal 7:26 to be kosher it has to exhibit some form of vitality so now shmuel runs into the students of rav and he asks he asks as soon as by the way what did rav have to say by misukenes right so ultimately again what happens so rav said here are some examples of vitality Go at [clears throat] Go at means it um I guess I guess the technical term is moo, right? In other words, what 7:51 whatever that what I don't know what What is the moo sound of a cow? What is it? lowing l o w i n g lowing. Okay, excellent. Lowing. Or mooing, I think is actually exactly answer, right? So, if it If I like mooing better, I like mooing better. It feels more descriptive, right? Lowing Okay, good. 8:12 Lowing. Go at, right? Point is making noise. It's making noise. So, go at So, mooing. The tila ray. Tila ray means it it it defecates. The kish kish or it moves its ear. These are all signs of vitality. Right? Rashi says, if you look at Rashi, go at the tila ray, o zay o zay. Obviously, you don't need all three. You just need one of these. Go at So, a kiss. Rashi says, go at means it 8:37 cries out. Cries out. Okay, fine. I'm going to go. So, the So, I'm going to go. So, Shmuel said, it's about only, right? So, again, Shmuel said this Abba and the Abba Rashi points out was a reference to Rav, right? This was it This was a term of This was a term of respect calling calling an elder father. 8:57 Right? So, Shmuel says that the father really required the movement of the ear. So, what say? So, apparently, here's what's interesting. So, apparently, like movement of the ear is like is like that that takes a lot more concentration, right? That takes a lot more effort. So, Shmuel was surprised. In other words, the the wagging of the tail, right? Kish Kish Sorry, the the the mooing or the defecating, okay, but the movement of 9:20 the ear seems like a much heightened level of much heightened threshold of vitality. Do you really need that much of vitality? Shani Omer kosha akosha in the barn shamisa osa. Because again, Shmuel said, as far as I'm concerned, really what you need is like this. You just need things that are not automatic movements indicative of death. Now, what does that mean? There are certain 9:43 movements that an animal will make that by definition are almost like spasmodic, right? They're not indicative of life. They're just automatic things that an animal will do even in the process ultimately again of dying of dying. So, Shmuel says So, Shmuel is like this, "For me, all I require ultimately again as long as the as long as the action is not the one that the animal would 10:06 normally make as a result of death, that's enough to serve as a proof of vitality for life. But, you don't need something as meaningful as the movement of the ear." Am Rabbanan, "Let the demon first let me know the mashmuel." So, I learned the following from our Shmuel. "Ha se yada kfuufa u'pash tasa d'var she amisa oseh." So, what say let's give an example of let's say a physical act that would be indicative of death not of life. Let's say for 10:30 example, the animal had its leg bent. And then what happens? You shacht it, and then it extends its leg out. That's not indicative of life, right? Why? Cuz what could that be attributed to? That could just be attributed to ultimately again just some type of death spasm. 10:46 However, "Shuta d'vekifa fa d'var she eina misa oseh." But, let's say the animal's leg was extended, and then it curled it back in. I don't know, right? Is that curled it back in? What is it? Flex flexes in also? Flexed it flexed it in? That's indicative of life. Which again they both say, "Makes sense." Right? Because what Remember, we're looking for signs to show that the animal itself is still alive at the end 11:10 of Right? Or died as a result of shrita, didn't die in process. So, the animal's leg being bent in and then flexing out, that's not indicative of life. That could just be a spasmodic movement of death. However, the if the leg if the leg is extended out and then it flexes it in, halacha l'maaseh that's indicative of life. So, we must say my commercial Tanya, we learned this. What what what what is Shmuel exactly coming to I don't know here. We learned this 11:33 already. The animal that called Shep still have a double accident of him and that called which is a small animal a small animal that extended its leg but did not return it. Ultimately puzzle. Puzzle is another word for saying that the animal is unfit to you can't eat it. She ain't a home us not fish because that's just simply indicative ultimately again of the fact that the animal is dying. I have x your 11:57 what do you see from here that if the leg was extended out and the animal then pulled it back in that's indicative of life. Even a must cuz again how do we just turn it from the mission? Have a minute after the cafe or pasta with a hot cafe. I would have thought that the mission is case ultimately again is that it was bent extended and then bent it back again. I shoot the cafe pasta low but it was extended and 12:20 you just the animal just just pulled it back flexed it back in I would have thought that's not enough. Come ash my love no that is enough. It doesn't need to be extended out brought back in extended out again but rather again for the base of it was extended out and the animal extended it back in flexed it in that's indicative of life. Incredible. 12:37 So may say that we also we also says higher Rabbi Mayor Omar go to eat in the course. So listen to this. So we also says Rabbi Mayor said that if the animal moves at the time of right the time of it this is not considered to be a form of life a form of vitality. 12:57 Rabbi also we also Omar feed it to the right. The fish is no more in the course. Furthermore if the animal defecates or it wags its tail this is not a sign of vitality which again we will say would indicate us that we cannot eat this animal out of concern that my son maybe it that is a result of being a miss you can ask. So we also say what do you see? So we have a kasha. 13:19 Kasha go go kasha so we also say remember again on the top of the arm and the quarter from rough. What did rough say? Rav said that mooing and defecating are signs of physical vitality and Halacha L'Maaseh would allow for you to eat the animal that was a Misukanis. Here we're saying that defecating and mooing is not indicative 13:43 of life. So what's going on? To which the Gemara says, "Go out go out of the kasha. Mooing on mooing is not a question. Had Avikola, Had Avikola. One is talking about again a low moo. One is talking about a stronger higher pitched moo. So apparently again, the lower moo is not indicative of life. That could almost be just like a death groan, not indicative of life. But again, if it's a 14:06 stronger moo, Rashi says over the Avikola Shai Kola Ava V'Chazaka. D'Vada Asimichayus. So if the mooing is a stronger baritone type type type of moo, right? Like a cow buck moo, you know, then then like then like that's a that's indicative that Halacha L'Maaseh the animal is alive. First is more like a croaks, you know, like like like just 14:29 like a a low moo, right? That's not indicative of life. That could just be ultimately again sound of death. Re'aya Re'aya Na'ami Lo Kasha. It's like defecation is not a contradiction. How so? The Gemara says Kan B'Shofses, Kan B'Mesrazes. One is talking about kind of like where the waste trickles out of the animal. That's not indicative of life. In fact, just the opposite. That could just be 14:53 indicative of death. Versus when the animal expels waste with force, that's indicative of life. Incredible. Amud Aleph Chistah. Amud Aleph Chistah said Pirko Shamru B'Sof Sh'ita. Okay, so what does it say now? Now we get into So what does it say? Let's let's go through with what we have. Right? What What do we have? 15:11 Number one, quick review. What does it say? Very important review. Number one, number one. Misukanis is kosher, right? That that that's not so partial. Wouldn't have thought that before. But Halacha L'Maaseh, a mystical canvas, technically speaking, is a kosher animal." As long as what? As long as what? It exhibits signs of physical vitality of life at some point. At some point, what's the 15:33 definition of of And that's called in Halacha pirukus. Pirukus literally means movement, right? But movement means some type of physical vitality that shows that the animal survived as a result of shrita and didn't die during shrita. What's the definition of pirukus? What definition of movement do you need? 15:51 Okay, so here we have a machlokes, right? Defecating with force, right? A stronger a stronger more more depth-filled moving, right? Perhaps again wagging of the tail, certainly an extending of the leg out. These are all examples of pirukus. Now we'll say we get into the third part of this discussion, which is when exactly does the pirukus have to occur? Right? When 16:16 when is this movement representing physical vitality that shows that the animal didn't die as a before shrita, but died as a result of shrita, when does this movement have to occur? So says the Gemara, Amora Chista, "Pirukus shamru bisof shrita." The pirukus that we're talking about actually has to happen at the end of shrita. 16:38 End of shrita, which I would say is probably what we most of us were thinking intuitively. Look at Rashi. Amora Chista, "Pirukus shamru anish amati bisof shrita when you brush my so shmati emtza." Okay, actually we're going to leave that. So before we get to Rashi, "Pirukus bisof shrita, mai bisof shrita?" What does it mean at the end of shrita? "Be'emtza shrita." Right? So what this fascinating. What does the end of shrita mean? End of 17:02 shrita actually means the middle of shrita. Meaning that this pirukus that this movement that we're talking about has to occur during the shrita itself. Right? Middle means middle means during the midst of the shrita. 17:17 The Gemara says now one second, but why is it called it the self shita? In other words, if it's emsa shita, why is it called it self shita? Laugh book in three last shita the law. To teach me that if this movement occurs at the beginning of the shita, that is not enough. That is not enough. So I look at the mesa, this movement has to go ahead. 17:36 Everyone, you can give me your time. You can put your towels back over here so you have room to have room to write on the table. You're writing. Okay, I feel bad you're holding it on your Yeah, pass it up. Pass Yeah. Okay, good. It's good Yeah, it's those All right. Now, people shouldn't think that we mistreat our guy by that he has to like scribble on his lap. So my says so my 18:00 sub shita my sub shita by emsa shita la fuke three last shita the law. So this comes to exclude the beginning of shita. It also says not for shita. We're going to have a couple of shitas over here. So shita says in order for the pirkus to be meaningful, pirkus has to happen during the shita the emsa in the middle of the shita. I'm not shita but I mean a lot. 18:19 We don't know this from This is not from the mishna. The human daka shipashki the law zero psula. The human daka so this is from mishna, right? A small animal if it extended its leg if it extended its leg, right? Zero and it did not pull it back. Ultimately again the animal is is possible. The animal is treif. It says the Gamara says emsa. When is this happening? E lema be 18:42 self shita if you say it's at the end of the shita kohechi teche tezel. What does an animal have the animal after shita the animal has to keep on moving its leg back and forth. A lot of emsa shita. It must be that it's occurring during the shita itself. So we'll say this is shita number one of shita that in order for the pirkus to be meaningful, pirkus has to occur ultimately again during shita 19:06 itself. What he calls be emsa. Bemsa means not in the beginning but somewhere in the middle of the shita that's where the pirchus has to occur. I'm going to rather rather disagree. He says the old is so shchita. Rather says, "No, not true. When does it have to occur? At the end of shchita." Pirchus in order for pirchus to be meaningful, it has to happen at the end of the shchita 19:27 process. Shiny Omer kosher in the adu Why cuz rather says, "Cuz I'm telling you that anytime the animal does not do this pirchus at the end of shchita, that means it died during the process of shchita." Remember again, rather says, "What do we need? We need to know that this animal died at the end of shchita and ultimately again not during the shchita." 19:53 >> >> Excuse me. So, therefore rather says, "The only way to know that is a halacha l'maaseh if it exhibits this pirchus at the end of the shchita process." The more Nachmanides the Nachmanides shchita number two. The Nachmanides says, "Pirchus shall be interesting." So, Nachmanides says, "Pirchus has to happen even at the 20:15 beginning of shchita." Wow. I'm going to I'm going to Nachmanides So, Nachmanides says, "How do I know that pirchus is meaningful even at the beginning of shchita?" This none I'm going to I'll show you my law shera. She's in What did the Mishnah say? The Mishnah said that if you shchected a Mishnah at night. All right, so what's the issue at night? The Mishnah says that at night 20:41 you might not be able to see the pirchus. You couldn't see you couldn't see the movement. But, that's okay. If tomorrow morning you go ahead and you check out the neck and the neck blessing the neck indicates that ultimately there was blood splattered everywhere, then ultimately again that halacha l'maaseh is kosher. 20:59 That's called Zingo U'kmidas Rebbe Elazar. And this is in accordance with the position ultimately again of Rebbe Elazar. Good like we saw in the Mishnah, right? Because Reish Lakish says the Gemara says I'm sorry we know Reish Lakish but says closely we say if you see blood on the walls what walls we're talking about it's the walls of the neck. The walls of the 21:24 neck. So the Gemara says now watch this. If you say if you say that the animal has to exhibit pure codes at the beginning of Shrita then the statement makes a lot of sense. But if you say that ultimately pure codes has to take place at the end of Shrita then ultimately again how is going inspecting the walls of the neck the next morning going to help you? All you could see is that the blood splattered but maybe 21:52 what? Maybe the blood splattered at the beginning of Shrita and not at the end of the Shrita. So the Gemara says Chinese maybe maybe the splattering of the blood is even stronger or stronger from a pure codes. And that could happen even at the at any point in Shrita. So the Gemara says it is stronger says it's enough if it spurts blood. Now that it's enough indicates to us what? It's 22:21 not the ideal form of pure codes, right? The ideal form of pure codes is when the animal is moving some part of its body. Reish Lakish seems to indicate that if you don't have bodily movement the spurting of the blood is going to be enough ultimately to indicate physical vitality. So the Gemara says So really what saying is like this is ultimately again it's going to be more make of 22:48 but a little bit stronger than I'm going to okay so again this individual this individual known as the father of Bar Avraham, Rashi says is Avraham himself or the brother of Avraham raised the following kasha. "Um mid-Rabbanan mi adif?" Ultimately, again, mid-Rabbanan ultimately the Gemara says, "Is this Is this considered to be a higher form of 23:20 vitality or is he Is Is he espousing Is he espousing a higher shita than the Rabbanan?" But now we learn "Hakhamim omrim ach sheta haitz o biad o bregel." The Hakhamim say that a lokhl amaysa the pirukus you need is extension of the hind leg or the foreleg. So the Gemara says, "Rabbanan ahi yakaimu." What are the Rabbanan discussing? "Ili mad Rabban Gamliel if they're referring to Rabban 23:43 Gamliel keivan shepirkus ami boy then it should be lashon of once it moved that that should be enough and of shita ad Rabban Elazar." Rather, they're commenting on Rabban Elazar. "Mi adif mi ad?" And if the their shita is in fact more hamar than what's the lashon of ad? Okay, the both say just here here's here's what you need to keep in mind, right? This is our third shita so far. 24:02 Number one, we've got Rav Hista. Rav Hista says pirukus has to happen sof shita, end of shita, right? Number two, Rav I'm sorry, take that back. Sof shita but it really means emtza shita. Rav Hista was middle of the shita. Rava, end of shita. 24:20 >> [clears throat] >> Rav Nahman bar Yitzhak, beginning of shita. Okay, so three way mahklokes so far when does pirukus have to occur? Rava amar both say second to last line of commentary on Talmud 38a. >> [clears throat] >> Rava amar Rava says, "Pirukus sha'amru bisof shita." Now listen and watch this. This is very interesting. So Rava says, "When does the pirukus have to happen?" At the end 24:43 of the shita. Now again, is Didn't Didn't Rava Right, Rava already said this before. So what is Rava coming to add on over here? Now watch this. If you look at Look Look at last Rashi. "Bisof shita." Rashi says, "Sof mamash shete parkei bigmar Sheta did they have a big heels after Sheta?" So, what does I watch this? 25:06 Beforehand, when we said so Sheta, what does so Sheta mean? What does What is What does so Sheta mean? So Sheta means literally again at the end as you're slaughtering as you're nearing the end of the Sheta, that's when you need the Perkos. In this second version of Rava, so actually means this is fascinating that the Perkos actually has to occur in the moment right after Sheta. So Sheta means 25:30 that you finish the Sheta and in that moment right right in that moment after the Sheta that moment post Sheta ultimately again, that's when the animal is Mafarches. Which I will say if you think about it, so what's the logic behind that? The logic behind that is that Rava is saying is because this animal is a Mr. Kenis, I need to know that this animal died as a result of Sheta not as a result of anything else. 25:52 The only way for me to me for me to definitively know that it's how it's how is literally again if the moment after Sheta the animal has this movement. That indicates to me that the life was in the animal literally again until the moment that the Sheta was completed. So, we we thought originally we thought so meant so meant as the Sheta is concluding. Now what we're seeing is this literally happens in the moment right after the 26:16 Sheta is completed. Incredible. I'm going to have a lot of fun in a lot. From where do I know this? The sign you learned Shar. So, what I say so so so just the possuk that the that the Gamara is quoting over here is the following possuk. Listen to the possuk in its entirety. Shar O Kesev O Aiz, right? An ox, a sheep, a goat, Ki Voled when it's born, Vihaya 26:40 Shiva Simanim Tacha Simo. It will be with its mother for seven days. I'm just reading I'm just reading this not in Gamara reading you the possuk, right? It'll be with its mother for seven days. This is the halacha is you can't offer up a carbon an animal are carbon in the first 7 days of its life. As they with his mother and the Gamora says from the eighth day and on Yair Lot said it will be accepted the carbon Isha Lashon. It will be accepted for a carbon 27:05 for the fires of Baruch. Okay, here we go. This sign is sure. Sure will say sure or cassav that Lamas 38 P. Sure or cassav an ox or a sheep practically alive. This comes to exclude any type of interbreeding. Interbreeding, right? If you go ahead and so right if you have any interbred species you can't offer that up as a carbon. OAs practically need not. OAs or a goat this comes to 27:29 exclude some type of mutated animal. Okay, key valid if it is born practically Yossi Dolphin. Sure will say it's very interesting. This comes to exclude a C-section. Now again remember the possible over here is talking about which type of animals you can offer up as a carbon, right? So number one I can only offer up a carbon that's pure species. No no no interbreeding of 27:52 species. Number two, no mutated animals. Number three, animal has to be a natural birth. If it's a C-section animal you cannot go ahead and offer it up as a carbon. Practically Yossi Dolphin. Shiva's Yamin and again remember the animal has to be with his mother for 7 days. Practically his mind. This means if you can't take an animal then I was well saying so therefore the earliest age at which an animal could be offered 28:16 up as a carbon is 8 days. 8 days old this when an animal is fit to go ahead and be offered up as a carbon. Which will say by the way if you think about it so beautifully so beautifully. Where where does this concept come from that at 8 days an animal is fit to be offered up as a carbon? So remember again the crown jewel of humanity is man. When is the first time that man makes a sacrifice? 28:41 At 8 days old. A little baby sacrifices his Allah. A little baby goes ahead and sacrifices a piece of himself so we so in other words we introduce this idea that the earliest age in which sacrifice could be made in the age of eight days. Obviously a work for man that sets the tone for the animal kingdom as well and therefore an animal cannot be offered up as a carbon prior to eight days. 29:05 Incredible. So the Mar says emo tahas emo literally again under underneath its mother partly awesome. So this is very interesting. It's very interesting. This comes to exclude an orphaned animal that an orphaned animal cannot be offered up as a carbon. Now I'll have to see exactly what that means in just a moment. Partly awesome. So the Mar says now the Mar asks hi yosam dami. 29:29 What exactly is the case of the yosam? Right? What's the case of the yosam animal? So the Mar says dami ilay me yaldasi v'hadameisa if the mother birthed its child and then died l'olam techi v'teizal? What the mother should be around forever? Right? It's what I'm saying. It's such a such a Parents aren't around forever. 29:53 Parents aren't around forever which is why if a person is zoche to have parents in this world, you know, if parents seem to be one of those things often that when we have them we don't fully appreciate who they are and what they are and then when we don't have them there's such a there's such a hole. 30:10 You know, they say that Rav Avraham Yitzchak HaKohen Kook zt"l zechuto yagen aleinu lost his mother when she was well into her 90s and his students came to be menachem avelim. They came to they came to pay shiva visit and he was crying. He was crying intensely and they were surprised. 30:26 They were surprised. Rav Kook himself was already older. His mother was older. Right? So they asked they said why why why why is the Rav crying? So Rav Kook said different versions of the story but there's one version of the story he says because a child never stops needing his mother. 30:42 Child never stops needing his mother. You must say, you know, when we have our parents, we get so wrapped up in the this, the that, the the you know, especially in these days and ages. So, we everybody loves to reflect on what their parents didn't do for them. Right? 30:58 And how their parents this and settled them with this. Okay, parents aren't perfect, human beings aren't perfect, everybody right? Our parents make mistakes with us, we make mistakes with our own children. But what it means to have parents, what it means to have living parents in this world is such a tremendous and they're not here forever. Make sure to take advantage. So, the Gamara says, what's the case of Yosif? So, what does it mean? That the mother if every time I 31:22 case where the mother died or the mother died, the mother birthed the child and then died. Okay, the mother's not going to be here forever. The old the mother shall live forever. I love the Mesa. The old rather what's the case? What's the case? 31:38 The case must be maybe the mother died when she was pregnant and then the baby was delivered. Well, obviously that animal's not going to be good as a carbon. Why? Because you love Nafka. Because the animal say, how are you delivering that baby? How are you delivering that baby? C-section. So, we already we already we already went ahead and excluded a C-section animal from carbonic use. I love the Mesa. The old 32:01 rather it must be that when did the mother died, the mother died during childbirth. And what happened over here is the mother birthed the child and right after that moment of birth, the mother died and the child went on to life. The old the old the Mesa. The old the old the mother went and died and the child went and lived. The old the old the old 32:24 the old the old the old the old the old the old the old the old the old Now, if you hold the old the old the old the mother had to have been alive at the old for a moment after the birth. Right? Because if the mother died during childbirth, then I will call the mice and that would be a Yosam animal. That's why I need a positive to exclude it. So, if I will call the mice and we need we need the mother to be alive for a moment 32:48 after the birth, then I understand why I need the possuk. But if the mother doesn't have to be alive ultimately again at the at the end of the birth for a moment after the birth, then why do I need the possuk? I could have excluded this animal ultimately again from you. In other words, the case the case of Yosam the case of Yosam must be a case ultimately again of where the mother was alive for a moment after the birth. Because 33:16 otherwise, if the mother died earlier then the child would be excluded out C-section. So, what do you see from here? Again, I will say this is all rubber coming along. What is this What is it saying? This is rubber saying that in order for pirkus to be effective, when does pirkus have to occur? When does pirkus have to occur? A moment after the shrita. A moment after So, that you finish the shrita and then literally again the moment after you finish the shrita, that's when the 33:40 animal exhibited these signs of physical vitality. Amar Rava, so Rava says ki hamas nisa. The way I will say here it is this bright server reflects the halakha ultimately again in misukenes. Behema daka. So, all of this is misukenes. So, if I will say turns out that we have this multi machlokes, right? So, what I will say let's go to everybody is agreeing with. Everybody is agreeing that technically speaking a misukenes animal 34:02 is kasher as long as what? It exhibits some sign of physical vitality which indicates that it died as a result of shrita, didn't die as a result of something else. What's the machlokes? What's the machlokes? When does the animal have to exhibit this sign of vitality what we call pirkus? One opinion, beginning of shrita. One opinion, middle of shrita. One opinion, 34:26 end of shrita. But in that opinion, end of shrita, is that with the conclusion of shrita or maybe not? Maybe what does it mean? What does it mean? In the moment right after shita. So rubber comes along and says here's the alacha. The hema daka, when it comes to a small animal, she posht the yod of a little zero psula, as long as the animal extended its hand or if the animal extended its leg but didn't pull it back, didn't flex it back, psula. That's not good cuz that's 34:50 spasmatic. That's that that's death uh what do you call death um throws of death, right? That death >> What is it? >> Excellent. >> Refle- okay, whatever. Death reflex. Good. Death reflex. The gemara says, "The hema daka shishi over ar- tsiya." The gemara says, "When is that so?" Biad. That is only true interestingly enough with the four leg. Av a regel, with the hind leg, bein be poshta bein 35:16 be kaf velo kafafa, bein kafafa velo poshta she'era, whether it extended out and didn't withdraw back, whether it withdrew back, didn't extend out, it's going to be a kasher. The gemara says, "When is that so?" Bedaka. This is all a small animal. Av a bigasa, when it comes to a larger animal, bein biad bein beregel, bein poshta velo kafafa, bein kafafa velo poshta she'era. So what is that saying? It's actually very interesting. 35:39 >> [snorts] >> Apparently, here's a distinction. A behema daka, which is a smaller animal, requires a greater level of vitality, a greater level of pirqos to show that it didn't die as a result of its condition but ultimately died of shita. A behema bigasa, even a smaller movement, even a small movement, and actually any extension of a limb, right, out, in, 36:01 ultimately again is going to alacha l'maisa be a sign of pirqos. Ve'of, what about a bird? A feelo lo rifref el agapo, velo kishkish al aznavo, even if a bird just flapped its wing or moved its tail, ultimately again ha raise a pirqos, right? This is enough. Like its tail feathers, right? This is enough. 36:20 That's enough pirqos to show that the animal didn't die as a result of its sickness but died as a result of shita. So my commercial, what's being taught over here? cool tanohi, we learned all this already be my channel that's not yet in regular doctor in gas law we learn this on the mission the mission said this explicitly that when it comes to a small animal if it extended its leg out but didn't return it that is not a sign of vitality that's 36:45 not pure of the animal be possible. This is only true ultimately again excuse me if it's four leg and not a spine leg by the hind leg extending it out would be enough ultimately again for the this is only be a matter of time. 37:00 But I have a mega any movement of the legs is going to be a sign of vitality. So why is rubber just restarting the mission to which the answers. Oh it's like the you're right what was brought being brought bringing was bringing down in this price was not about that we learned already what was coming to teach us the case of the bird cuz 37:24 bird interestingly enough was not mentioned in the mission. So what's the sign of vitality by bird just a little flapping of a swing movement of a feather and you are good to go. Incredible I'll say that is the end of the Mr. Kenneth. Now how do we pass him cuz it's actually a really fascinating case. 37:43 So listen to this listen to this so this is in your day seven you design a local cuz I will say this this this is a case cuz remember again you could have the situation you have a behavior that's a Mr. Kenneth. So remember again I will say let's take a step back what's the definition of a Mr. Kenneth any animal which can't stand up on its own so now I have this animal can't stand up on its own I obviously I don't want it to die 38:06 because not because I'm some great humanitarian I want to kill it I I don't want it to die on its own right because if it dies on its own and then I can't I can't eat it so I'd like to do it but the just is the just is can how do I ensure that it's dying as a result of shita and something else. Listen to this. Hashochi sabria below pirkesa harei zumuteres. Again, first of all, the Shulchan Aruch begins by saying, 38:29 let's just remember this whole dinner of pirkesa, like the animal needing to make some kind of movement, this is only by a misukanas. If you have a perfectly healthy animal, there is absolutely no need for any of this movement, right? 38:45 So, let's just reframe that. This is only in a specific case. Aval misukanas, what's a misukanas? Vhu shema amidin olsa. V'eina omedes, right? Af al pi shiochalis macha brios. So, again, however it comes to misukanas, and by the way, what's the definition of misukanas? Any animal which cannot stand up on its own, even though it eats healthily, right? They could champ 39:08 through wood, right? All these different things, it's still a misukanas. Shachta v'lo pirkesa klal, harei zin aval lo ken alal. If you shacht it and there is no pirkesa, it's an aveila. And if you eat it, you get malkus. Okay. Then pirkesa, harei zumuteres. But if there's pirkesa, movement, it's muter. So, what's the pirkesa? V'itsarech, watch this. 39:30 V'itsarech sheyihiyeha pirkesa bisof hashchita v'limshoch ad acher hashchita. Oh, what's that? There it is. There it is. The Shulchan Aruch is actually the Shulchan Aruch and the Rama paskening like that second version of Rava. Second version of Rava, then what's the definition of pirkesa? Definition of pirkesa or when does pirkesa have to occur? At the end of shchita extending a 39:55 moment beyond the end of shchita. So, these movements, as the Lashon HaRama, v'limshoch ad acher hashchita. It begins with the end of shchita and needs to extend after the shchita itself has been completed. Incredible. Aval bitrichlus, ein amoil. If it does the pirkesa at the beginning of shchita, it's not going to help. Keitzad hu pirkesa? What's the 40:17 pirkesa? B'eima daka or a so what's in I watch this. What's what's what's pure goes by the taco gaso so this taco So what you have to do is zero ocean regular fish zero ocean cover regular her raise a pure goes about pasta for zero her raise a suit up so essentially what it comes down to is any 40:48 kind of movement is going to work. The only thing that does not work is extension of the four leg, right? Why not? Why not? That's just a death spasm. So extension of four leg will not work but extension of hind leg certainly recoiling of the leg flexing of the leg in any of those types of things will work. So what that is how but let me just share with you one very important detail. So that's 41:11 what I look at base. So okay, yeah, there there's a there's a lot more in this about what what actually constitutes pure goes but we'll leave that. Now let's say but watch this. I look at the model. I look at the model. Now I says I'm sorry let me just say I look at base. I show it as I'm a ballet law below your pure goes up her raise you something available a suit up. 41:31 If you check the set night and therefore you were unable to see that the pure goes occur or not, it's a subject to the villa cuz what I mean again, we only rely on pure goes. We do not rely on Zinko. We do not rely on the spreading of the blood. So therefore again, if you check the right, if you check that night and you're not sure was there pure goes or not I look at the subject to the villa. I look at the model. You must hear it is. Here it 41:54 is. Here it is. In general, you do would eat of a misukenes And what like this is to your he has got. What did he has got saying yesterday's daf? He said it a few thousand years ago, but what did he say in yesterday's daf? He said I never ate from an availa treifa, which means what? 42:23 I never ate from an animal where they said coast coast, shaft it shaft it. And then for the Shulchan Aruch says general, you got to be more careful not to eat from any misukenes animal. The daver is that in ba issur. Now again, halacha l'maaseh, is a misukenes kosher? 42:40 Yeah, you could shaft it and as long as there's pirukus at the end of shrita extending a moment beyond shrita, you're good to go. It's not assur. The daver is that in ba issur ela kol harotzeh l'hachmir ala atzmo b'daver zeh harei zeh meshubach. However, again, the Shulchan Aruch says this is a good area to be machmir. Again, we'll say in general one has to be careful with 43:03 chumras, right? And know what's a chumer what's a halacha. But the Shulchan Aruch says, by the way, if you're asking me, I think this is a good area to be machmir, to stay away from eating a misukenes animal, which I would say makes a lot of sense. Why? Because l'maaseh again, you could see again even though we pasken in the halacha l'maaseh, right? Misukenes is kosher, you're allowed to eat it, but you have to know that there's pirukus happening again at the end of the shrita and the moment after shrita. You need a 43:28 lot of eyes on this animal. Therefore, halacha l'maaseh again, we pasken misukenes is kosher, requires pirukus, pirukus must occur at the end of shrita extending a moment after shrita, but at the end of the day the Shulchan Aruch is telling us if you could avoid consuming this type of animal, best to consume it. 43:44 Incredible. Mishnah. Mishnah. Let's just do the Mishnah and we'll stop for today. Hashochat l'ovdei avodah zarah shchitaso ksheirah. So what they said this is a very interesting case here. What happens? This is a Yid shochting for a non-Jew. Okay, sh- Yid shochting for a non-Jew. 44:01 So a shochat l'ovdei avodah zarah shchitaso ksheirah. Ultimately again, the shchita is kosher, which means the animal is kosher for use. Rebbe Eliezer possible possible, Rebbe Eliezer says no, it's possible. Now, why? Look at Rashi. Rebbe Eliezer says Rebbe Eliezer possible the given the behavior of the Akum he have a good Akum shochet behind the machshava of the Akum is the machshava of the Akum. So 44:24 Rebbe Eliezer says like this, Rebbe Eliezer says that since this is an animal owned by an Akum and we say that a stam machshava of an Akum, right? His default mindset is for example Akum and his intent impacts the animal. There's a lot of ifs, there's a lot of pieces over here. Therefore, this animal has the status of an animal slaughtered for Akum. 44:46 Even though a Jew did it, even though a Jew did the shita, Rebbe Eliezer will say that the animal is going to be Akum because again, the the assumption that the mindset of the Akum is for Akum. Therefore, the animal is not fit for consumption. Akum says, "I feel like shochting Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum 45:10 Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum." Literally Akum Akum Akum Akum Akum Akum even if all that the Akum was going to eat of this animal was the Akum and the Akum was going to eat the rest of it still Akum why? Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum because the Akum mindset of an Akum is for Akum. 45:35 Therefore, since he is the owner of the animal, as the owner he establishes designation even though the Akum is the Akum and therefore the animal is going to be Akum. Akum Akum Akum Akum says, "What are you talking about?" Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum intent matters. Where does intent 45:58 matter? For example, where? In the Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum Akum intent, pigul, chutz l'zman, chutz l'zman, right? Chutz chutz chutz l'zman, no. Chutz l'komo, you could go ahead and totally disqualify a carbon. 46:13 So, in a place where intent matters, like the Beis Hamikdash, ein hakol holech ela achar ha'oved. Rebbeim, so I Who determines intent inside the Beis Hamikdash? Who determines intent? Who determines intent? The kohen doing the avodah. Right? The owner doesn't determine intent. Rebbeim, this is very important. Let's say I'm bringing a carbon and I have in mind I'm bringing a I'm bringing a shlamim and I have in 46:37 mind bringing a shlamim on Sunday. How do I should be zocheh to bring a shlamim today on Sunday? I and I have in mind when doing it that I'm eating the shlamim on Tuesday. That is a chutz l'zman, no. That's a pigul intention. What does my pigul intention do to the carbon? What does it do? Absolutely nothing. Why? Because the only person whose intent matters, interestingly enough, is the kohen doing the avodah. 46:58 Makom she'ein machshavah b'korban seles b'chulin. So, in machshavah doesn't matter. Where doesn't intent matter, Rebbeim? Chulin. >> [clears throat] >> By chulin, whatever intent you're having by the shchitah or not really makes no difference. Ein od bein shloyei yakol lech ela achar ha'shocheit. All the more so, if I'm a Yid and I'm shechting a carbon, granted, I'm not a shochet, shechting an animal. 47:20 Right? The animal belongs to the akum. Who cares what the akum is thinking? What does it matter if he has in mind for avodah zarah or not? Rebbeim, you hear this kal v'chomer? If in the Beis Hamikdash where intent matters, only the intent of the person doing the avodah matters, the intent of the owner doesn't matter, then kal v'chomer by chulin where intent doesn't matter, certainly the intent of the owner, who's not involved in the shchitah, shouldn't 47:44 matter either. Say Rebbeim, I fundamental machlokes, Rabbi Yosi and Rabbi Eliezer. Rabbi Eliezer literally holds that when a Jew is slaughtering the animal of an akum, the animal is going to be assur al avodah zarah because the machshavah of the akum is for avoda zara, and the machshava of the akum owner matters. Rabbi Yosi says, "Halacha l'maaseh, what are you talking about? Of course not. Of course not. 48:05 Machshava by akum doesn't matter. Even where machshava does matter, so the machshava of the one doing the avoda is that matters. The owner doesn't matter." Alacha is coming up a common chulin. Fine, one more line. One more line, then we're going to really going to stop. Sugma says, "Hani tanoy Eisu d'Rabi Elazar, Rabi Yosi." The tanaim of our Mishna, they hold of Rabi Elazar Rabi Yosi. What does Rabi Elazar Rabi Yosi say? 48:26 "Disanya, Omri Rabi Elazar Rabi Yosi, Shamati, I heard, shabailim meflaglin, that ultimately again, I heard, that ultimately again, owner, an owner of a carbon, can make the carbon pigul." Mihu, listen now, watch this. 48:42 Now, this is Rabi Elazar Rabi Yosi in Giraish this moment. Shabailim meflaglin, it's in Rashi, two two four six seven lines up from the bottom. Shabailim meflaglin, tanam mefaresh b'zoken pragnan. Shamai, b'sokam of except vehikriv hamakriv, am bailim karim makriv. Hilcha is no b'chala makriv lo yichashev machshavas levor. 49:01 Rabi Elazar holds that ultimately again, the owners have the status of the one who's offering up the carbon. The one who's offering up the carbon has the ability to create pigul. So, this is the position, so this is the position of Rabi Elazar, right? Rabi Elazar Rabi Yosi holds that in the Beis Hamikdash even owners can create a pigul scenario. 49:17 Now, watch this. Mihu, Tana Kamma saber, ish shamin d'chashiv in, ilo lo. The Tana Kamma holds like this. Tana Kamma holds that Halacha l'maaseh, Halacha l'maaseh, everybody say it again. The Tana Kamma is the first statement of the Mishna. Ashoch eitlo avod sh'eifas okasheira. If a Jew shachts an animal for an akum, the shchita is kasher. So, the Tana Kamma 49:41 says like this. Tana Kamma says like this. Does Does Does a Does an akum have the go ahead and designate this carbon as avoda zara, even though he's not the one shachting it? The answer is yes. If I hear the kind of comma actually articulate that I'm doing this for of all the Zara, then ain't nothing the street that can be done the shame of 50:04 all the Zara. Below low, but if I don't hear him articulate anything, then there's absolutely no reason to designate it as of all the Zara. Cuz I'll say we don't say that the default that the default machshava of an akum is for of all the Zara. 50:28 Even even though even though the shaman even though I did not hear the akum articulate that he has a mind for of all the Zara. So we'll say so here's what's fascinating. The fundamental machlokes is like this. Everyone agrees everyone agrees that halacha l'maiseh that and the owner has right remember again according to this version we'll be here now everyone subscribes to the position of Rabbi Lazar and Rabbi Yossi. Rabbi 50:55 Yossi holds that the owner of a carbon has the ability to create an invalidating mindset. And therefore halacha l'maiseh in this case as well the owner akum has the ability to make the shchita into an avodah zara shchita even though the Yid is shachting it. So what's the machlokes? The Tanna Kamma says it's only a problem if you explicitly hear the akum say I have in 51:19 mind for avodah zara. Rabbi Eliezer on the other hand holds no even if you don't hear him explicitly say it we assume it. We assume it. Why? Because stam machshavas avodah zara kochavim oveid kochavim is for avodah zara kochavim. Vas Rabbi Yossi one last line And Rabbi Yossi comes to fundamentally disagree and the disagreement he says like this. He fundamentally disagrees 51:53 with this entire premise. We do not say that the mindset of the owner has any impact on the at all. The Rabbi says let's just frame this for just a moment. So bottom line the says here's how it's framed. The and Rabbi Eliezar both hold like Rabbi like Rabbi Eliezar Rabbi Osi who holds that the owner can have a 52:19 spiggle on a carbon. And the same way that a owner can impact the carbon, so to the can have in mind for the even though the is doing the that it should be all the and then the only is the says it'll only be for if the if the is explicit. Rabbi says even if the is not explicit. Comes on Rabbi Rabbi says I fundamentally disagree with 52:42 Rabbi Eliezar. I disagree with him. And I hope that the owner by a carbon doesn't have the ability of spiggle and therefore again so to an also cannot have of all the so we'll say we'll stop over here for today. We'll pick up in with this as in as well. We'll pick up with with the and we'll say good night. 53:05 >> And with I'm not one thing. Just like the analogy of the bridge
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