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0:21 All right, everyone say good morning. Let's begin. A lot to do today. Today's daf is Mem dalet 44. We are picking up in Yansa Sham on 43B Mem Gimel Amud Beis five lines up from the bottom. Last two words on the line. Our sheer this morning is dedicated by Moshe Werdesheim celebrating Devorah, his wife, my inspiring and courageous wife and our 0:45 completion of Mishnayos Seder Zeraim. Beautiful. Mazel tov on the incredible accomplishment and may Hashem should bless you with arichus yamim v'shanim together ad me'ah v'esrim shanah tovos. Shkoyach. Shkoyach. All right, everyone say let's begin. So, Amar Mar Brei d'Ravina. 1:03 So, if you remember again, we ended up yesterday with really an incredible story. If you remember what was the story? So, the story was the story was the the an ox that was brought by the sons of Rav Akiva, right? 1:19 Where the shchita was begun in the tur bots. Remember again, so we're calling the tur bots avashat is like the hallway of the avashat, the upper part of the esophagus. So, it was begun in the tur bots and it was finished in the veshet itself, right? So, in other words, it was like a diagonal shchita. So, diagonal shchita by itself isn't is not a problem. We've seen that before. The problem is where this shchita started. 1:42 It started really too high up on the veshet, too high up on the esophagus. So, what happened? They brought the animal before before Rava and Rava said it's asur. Rava said it's treif, right? And he said why? Because the animal treif based on the humras of Beit Shammai, excuse me, humras of Rav and humras of Shmuel. They subsequently went ahead and brought this 2:07 right? They They brought this before Rabbi Abba and Rabbi Abba said, "No, the animal is kosher." Rabbi Abba disagreed with psak of Rava and he said that the animal is kosher. And he said, "Rava, you owe the sons of Rav Ukva money for causing them to lose out on an animal." That's the story. Says the Gemara, "Amar Mar Brei d'Ravina, Most in the tiyuvta klappei Sanei d'Rava, I can go ahead and 2:30 bring a rayo against the enemies of Rava." And I will say enemies of Rava in this case actually means Rava. He didn't want to say directly I could refute the position of Rava. So he said I could refute the position of the enemies of Rava. How could I refute Rava? The olam cuz what was listening to this? Remember what did Rava do? When When the sons of Rav Ukva bought this brought this animal before Rava, so Rava went ahead and essentially applied to this animal the 2:53 humras of Beit of of Rav and Shmuel. So we'll say now comes along comes along Mar Brei d'Ravina and says, "You're not allowed to do that." How do we know that? The olam hilchos like Beit Shammai. We'll say the halacha normally follows Beit Shammai. V'aru tzel asu k'divrei Shammai oseh oseh k'divrei Beit Shammai I'm sorry oseh. We'll say and ultimately but if one wants to pasken like Beit Shammai, you can pasken like 3:17 Beit Shammai. K'divrei Beit Shammai oseh. Want to pasken like Beit Shammai, you can pasken like Beit Shammai. Mikulu Beit Shammai kulhu Beit Shammai. We'll say if you want to go ahead and accept the kulos of Beit Shammai and the kulos of Beit Shammai, sounds very familiar. Many like to accept that approach. Right? Kulos of Beit Shammai kulos of Beit Shammai. What's the halacha? Rasha. 3:36 Such a person is a rasha. Top of mem dalet strong words. Mikumri Beit Shammai kulhu Beit Shammai. We'll say if you take the humras of Beit Shammai and the humras of Beit Shammai, al lo So Chazal call such a person like the fool who walks in the dark. So what say interesting, you can't accept the cooler so you call the Russia and if you accept the cooler of the Shamay so you call the fool. Right? Rather Allah 4:07 What's it rather what's the Allah either pass like the Shamay with their cooler and their cooler or pass the Shamay with their cooler and with their cooler. But says the Gamara I don't understand how good for Kasha. What you just said is an inherent contradiction. 4:21 How so? I'm the old kid in the Shamay so So what say before we apply this before we apply this ultimately again back to our Gamara with the Gamara saying over here is the price you just quoted is an inherent contradiction. Why? Cuz what did the price say? The Allah follows the Shamay. Right? 4:44 And then what does it say after that? But if you want to pass like the Shamay you can pass like the Shamay. You want to pass like the Shamay you can pass like the Shamay. So I don't I don't understand. If the Allah is like the Shamay then you have to pass like the Shamay. What do you mean Allah is like the Shamay but if you want you can pass like the Shamay also. To which the answer is no Kasha. Can call them pass call. Can the after pass call. 5:04 So what say if you get the Shamay pass call So what say going back to our Shamay days. Right? A pass call came out and the pass call said that the Allah follows the Shamay. So what say so the price is reflecting two different states. When we say the old kid in the Shamay ultimately again what was that referring to? That was referring to post pass call. Right? When 5:30 did it say you could do like the Shamay or like the Shamay? That was before the pass call. The price you the other possibility is after after pass call. Maybe I will say the whole thing is this whole price is talking about after the pass call. But in Mashki the pass call. And reflects in the Shamay the Shamay holds that what I was saying. 5:49 we do not pay attention to Bascols. Right? Bascols are nice, they're interesting, they're beautiful, they're wonderful, but at the end of the day we don't pay attention to Bascols. So the Gemara says, I Me come a come Kasha. Rabbi will say ultimately again we still have a problem. So what's our problem? 6:07 So we'll say our problem is, remember the sons of Rav Ukva brought the ox ultimately again to to Rava. What did Rava do? How did Rava Paskin on the ox? He applied the Kumras and the Kulas. The Kumras and the Kulas. We'll say now what we're saying is I don't understand Rav, how did you Paskin that way? How did you apply the Kumras and how did you Rav said I'm going to apply the Kumras and 6:31 Kulas of Rav and Shmuel. So it says the Gemara we're just learning over here that's what? That Halacha L'Maiseh you can't apply Kumras and Kulas of two different opinions to one situation. That's ultimately again we'll say that that's foolishness. So how is Rav doing this? So to which the Gemara says I'm with Rav Tavos. So Rav Tavos answered, Kula Ki Rav Avda. And we out there we'll say you're right. 6:53 Mar Uk, I'm sorry Rava was not applying the Kumras of Rav and Shmuel. Rather again Rava was in fact totally subscribing to the Shita of Rav. The he also Rami bar Yechaskel because Rami bar Yechaskel came along he said Amar, Lo Tasisu Luhu L'Hani Klali. The cow Yehuda Achim Mishmei D'Rav. So we'll 7:16 say when one time Rami bar Yechaskel came along he said do not pay any attention to the principles espoused by my brother Yehuda in the name of Rav. Why? Hachi Amar Rav, this is what Rav said. V'Eshat Nasnu Bo Chachamim Shiur. 7:32 Ultimately again we'll say when when it comes to the V'Eshat, when it comes to the esophagus the Chachamim have given a Shiur. We'll say what does that mean have given a Shiur? That they the have have stated ultimately again how much of the veshet is appropriate for shchita. 7:47 To which the Gamara says the turbots have veshet love makom shchita. Ultimately what we can infer from this is that according to Rav the turbots is what we call the hallway of the esophagus which is the upper part of the esophagus is not the proper spot for shchita and yet the and therefore I will say the halacha is 8:10 the halacha is that if you go ahead and you even you puncture any small amount there ultimately that is going to render the shchita invalid. Therefore I will say when the sons of Mar Ukva went ahead and brought the animal before Rava and the way this animal was shechted was it started in the turbots and it went down. 8:31 So Rava Rav paskins excuse me Rava paskins like Rav that such a shchita is passel. The Gamara is describing his logic ultimately again to the of Rav and Shmuel but in reality that's not what Rav was doing that's not what Rava was doing. Rava was just paskening like Rav the whole way through that any shchita in the turbots ultimately again will be passel. Good. The Gamara now 8:55 goes by turn. Lemala ad kama. So we'll say now we're going to try to map out the veshet the esophagus a little bit. So lemala ad kama. So we'll say how far up on the esophagus remember again like in the image of a cow so if you could imagine again the esophagus pretty much goes like into almost into the cheek bone area. So how far up on the esophagus are you permitted to shecht 9:19 right? When you say how far up you mean how close to the how close to the top of the esophagus. Top is being defined as the part that is closest to the head. How far up on the esophagus are you permitted to go and do shchita? So the Gamara says Rav Nachman ad kdei d'fisa syad. It's actually very interesting. Ad kdei d'fisa Saravosa means until the area that you're able to grab. 9:41 So, Rashi says Arki de Pisa Sarach Laniach Lesad Harosh Keshosh Etzbaos Varba Leshosh Etzbaos. Listen to this. So, apparently, if you were to put your So, you have to you could shacht a hands breadth away from the top of the esophagus. So, if you So, literally again, if you were to wrap your hand around the esophagus, that's the amount that has to remain uncut. Any amount 10:05 below that is permitted to go out and begin the shchita there. Lemata ad Kama? We'll say what about this? Actually, another interesting What about how low on the esophagus can you cut? How far down on the esophagus are we supposed to remember again? The esophagus leads right into the stomach. So, ultimately again, how how far down on the esophagus can you shacht? To which the Gemara says Amra Machman Amra Bar Avuha ad Kedei 10:29 Shiyashir. Or Yashir, I should say. Until it becomes hairy. Now, what does that mean? We'll say looking at Rashi, Al Makom Shiyashir, Sheish Sham Se'ar, Shegor Besakin Mikeres Happnimi. So, we'll say in the Now, what's interesting about this is as follows. That Halacha Lema'aseh, this as he said, the esophagus goes into the into the stomach. In the in the part of the 10:51 stomach that's closest to the esophagus, there are hair-like follicles on the inside of that stomach area. The Gemara is calling that Yad Se'ar, calling it hair. So, what we'll say So, what the Gemara seems to be saying over here is that Halacha Lema'aseh, you could do shchita essentially all the way down until the esophagus until it hits the stomach. Only once it gets to the stomach and there is {quote} unquote hair, then you cannot go ahead and 11:16 shacht it there anymore. So, the Gemara says, "Eini? Is that true?" V'amra Ravina, Amar Geneiva Mishmei D'Rav, Tefach B'veshet Samuch L'keres Zeh Keres Happnimi. Here, I will say we learn in the name of Rav that one. That the tefach of the veshet that is closest to the kares. So what does kares mean? 11:36 Stomach. That's called the inner pouch. That's called the kares hapenimi. So what say what what this sounds like is as follows. That actually the last tefach of what we would call of what we would call the esophagus itself is actually not called esophagus. That's actually already called stomach or specifically again inner pouch. Now what say now if it's called inner pouch then what does that mean? What does that 12:00 mean? You can't check this. So what say we now have a contradiction cuz we just said before it appears that halakha l'maaseh you can check my first say you can check on the veshet, you can check on the esophagus pretty much all the way until it's point of connection with the stomach. Now what we're saying is actually the last tefach of the veshet is actually not called esophagus but it's called kares hapenimi, it's called 12:23 inner pouch. If it's called inner pouch then it's not called the veshet then you can't check there. So which one is it? So which the say am I allowed to check at the kares kashakhat? If that's the case then we can't allow you to check all the way till the end of the veshet because [clears throat] then effectively you're not checking the esophagus, you're checking the stomach. To which the says no no no. Eima tefach b'kares samukh l'veshet zeh kares hapenimi. To 12:47 which the says no no no, read that a little bit differently. Say that in the stomach itself the tefach of the stomach closest to the esophagus has a different identity. It's a different part of the stomach called the kares hapenimi. In other words what say there's the kares which literally means a pouch and the kares hapenimi which is a separate part of the stomach called the inner pouch. 13:08 What the now suggesting is as follows. The part of the the tefach of the stomach which is closest to the esophagus has the status of what's called the kares hapenimi, the inner pouch. So what say so using this logic what the halakha is you can check on on veshet, you can check on the esophagus all the way to its point of connection to the stomach. 13:31 Just understand that point of connection between the esophagus and the stomach, that's not called the keras proper, but rather it's called the keras apinem in the inner pouch. He was saying the other possibility is key kama rav bitura. The mashid said the other possibility is when rav said his statement, the statement was said by an ox, which rav said has excessive hair by the stomach, which apparently again kind of goes into the last part of the esophagus as well. 13:56 Okay. Amar Rav Nachman Amar Shmuel. Turbats haveshet shenital kulo milachi. What's this interesting case? What happens if So first of all again, so what say so that last piece, when does rav say that the tavach of the veshet is called the keras? That's only ultimately again bitura with an ox where again the hair extends from the stomach onto the veshet itself. Fine. Next. Turbats haveshet 14:20 shenital kulo milachi kasha. What is this interesting case? So say turbats, remember again we we've already discussed as well. What's the turbats? What we call the hallway of the esophagus, which is the upper part of the esophagus. Okay. So now watch this. 14:36 So says Shmuel, Rav Nachman says in the name of Shmuel, turbats haveshet shenital kulo milachi. If the turbats, I will say the the hallway of the esophagus was totally detached from the jaw bone. So remember again it extends it was totally detached from the jaw bone. [clears throat] Kasher. Ultimately again the animal is still kasher. 14:56 What say so so Rashi so fine. So she kulo milachi kasher. Vetana tuna. What say another bris that supports this. Nital lechi atachton kasher. Ultimately again if the bottom jaw, the bottom part of the jaw was removed, ultimately again the animal is still kasher. So the Gemara says I don't understand. Mas kiflala papa. Vaha ik vaha ika ikusimanim. Rav says now what are you talking about? If you have a case where 15:21 I will where the tour bots are washed is removed from the jaw bone, isn't that a case ultimately of equal simanim? But what is what is equal simanim? Dislodging or removal of the simanim. That's one of the treifas. Right? You will say if you have an animal that the simanim were ultimately again removed from the animal, that in of itself is is is a treifa. So what does it mean over 15:44 here when you tell me that the simanim are removed from the jaw bone or the lower jaw bone was removed that somehow the animal is still kosher? To which the gemara says, "Ulla and Papa, kashya mastninan." And I will say according to Ulla and Papa ultimately again the mishna is problematic. Because what does the mishna say? "Mita lachya tachton kosher." What does the mishna we just quoted say? That if the bottom jaw bone was removed, then halacha l'maaseh 16:08 again what? The animal is still kosher. So what's going on over here? "Bishlama mastninan Ulla and Papa lo kashya." So I will say the mishna doesn't follow such one through according to Ulla and Papa. Why? "Ha d'i'akar kurei, ha d'igum agumei m'iloi." "M'ilui simanim." So I will say so what's going on over here? Look at Rashi. "Ha d'i'akar i'akrei, i'akar 16:31 simanim k'shenichra v'eshet m'na lachyam m'na basar." Just read one more Rashi then I'll explain. "Ha d'igum igumei m'ilui simanim she she she mam halachyam m'na basar she muta al ha simanim bein lachyi v'asimain d'lav i'akar hu sh'asimanim m'urim b'basar." So let's listen to this. When does an animal become a treifa? If the simanim ultimately are removed, that's when the 16:56 simanim are removed from the jaw bone. But I will say let's say you have a case where the jaw bone itself is dislocated and removed, but the simanim are still attached to the jaw bone. So the jaw bone is dislocated out of place. So it's been dislodged. Now as a result of the dislodging of the jaw bone, the simanim are also dislodged, but they're still attached to the jawbone. That does not 17:19 render the animal simanim. So, what we're saying is actually very interesting. So, what they're saying over here is when the simanim themselves are detached from the jawbone, that halacha l'maaseh renders the animal a treifah. When the jawbone in its entirety is detached, but ultimately what the simanim are still attached to the jawbone, they're still rooted in the jawbone, then halacha l'maaseh that's not a treifah. Very interesting. Ela l'Shmuel kasha. We'll say according to 17:42 Shmuel, this is still going to pose a problem. So, the Gemara says, lo teima kullo, don't say that ultimately again the entire tarbutes was detached from the lachi, from the jawbone. Ela im rubbo, rather say it's talking about a case where what? Where the majority was detached. Ayev amar Rabbah bar bar Chana, amar Shmuel, simanim she nidaldu 18:05 l'rubban treifah. We'll say even if that's the case, we said that simanim are that are detached in the majority are still problematic. Amar Rav Shishrei d'Rabi Avidi, had a akfi iklufei, hasam di ifrok afrukei. So, we'll say everything again, so he gives a similar answer over here. Look at Rashi, ikfi iklufei, shekal of me'ala basar ikfa kimu veniklaf. So, di ifrok afrukei, 18:28 kidema ranak avakach. So, we'll say one case is where ultimately again the simanim are peeled away, and one case is where the simanim are removed ultimately by force. If they're removed by force, we'll say that is when it becomes a treifah. If it's quote unquote peeled away, so, I guess removed in a more gentler fashion, it does not [clears throat] become a treifah. Okay. 18:50 So, we'll say we go back to her. Ubsuka say I guess. We'll say so again, we're beginning to see, we're beginning to see. So, first of all, this is this is a fascinating discussion in and of itself, because the Gemara seems to understand over here that although we discussed that any detachment of the simanim ultimately again is going to be problematic, we begin to see that's not necessarily true. Halacha l'maaseh, even if the simanim are moved, but they're 19:15 still anchored in the jaw bone, the animal does not become a treifah. Furthermore, again, I will say we see that what? That Halacha l'maaseh, shrita in the tarbutes, in the hallway of the esophagus, ultimately, again, can be potentially problematic. Although, again, it appears that the Gemara itself seems to indicate that Halacha l'maaseh, there are those who say that such a such a such a shrita will ultimately be 19:39 good. Good. The Gemara goes right there. Next, psukas hagargeres. We'll say remember again, the Mishnah said one of the cases of treifas is what? If the gargeres, which is the trachea, is cut. Right? If the trachea is cut, then Halacha l'maaseh, the animal is a treifah. Tana kama psukas hagargeres. We'll say how much of the trachea has to be cut? 20:02 Remember again, this means cut not with shrita. This means it's just cut from something else. So, having a cut trachea is makes it possible to shrita. How much of the trachea has to be cut? Beruba, the majority of it. So, we'll say if the majority of the trachea is cut, then ultimately what? Halacha l'maaseh, the animal is a treifah. V'chama ruba, we'll say how much ultimately, again, is the 20:25 rov of the trachea? What we're really asking over here is how are you measuring this particular rov? Rav Amram says Amabaze, rov uviya. Rav says the majority of its thickness. V'amrei lei, v'amrei lei, rov chalala. So, we'll say now, watch this. If you look at Rashi, Rashi says rov uviya, if you go three lines down in Rashi, right after the period, rov uviya, klomar, ki m'sharin 20:49 ruba b'rov uviya, m'sharin b' ove hakana, chazal m'na or l'tzavar. So, we'll say rov uviya means that Halacha l'maaseh, we measure the thickness we measure the majority of the kana, including the thickness of the walls. 21:04 Including the thickness of the walls. Right? So, we'll say say, l'maaseh, when we look at the roof when we say the roof of the trachea ultimately again has to be cut and that includes the thickness of the walls as well as the hollow space in the middle. If the majority of that is quote unquote cut then the animal is a treifa. The other opinion says roof we do not look at the thickness of the 21:27 walls instead of what I say how do we determine roof? Interestingly enough the roof of the hollow part. Right, the roof of the middle. Right, so if the roof ultimately again is cut then look at in a treifa the in a mashlin the roof. So the says as follows so listen to this interesting case. 21:50 So what I say interesting case there was a case of a of a cut trachea that came before Rav. Rav so what I say so Rav was checking it ultimately again in the majority roof of ya which the thickness of the walls. So listen so now just to understand the case here. 22:19 So the animal the shaila comes before Rav. Rav is that the animal presents with a cut trachea. Rav is going ahead and what? Rav is going ahead and examining the cut trachea. How is he examining it? He's using his he's using what's called the thickness criteria. 22:37 The roof of ya criteria. So what happens? So the students see him see him and say Rebbi didn't you teach us that you don't use the criteria rather what do you use? The criteria. So what I say so watch this. So apparently that's where the conversation ends. Shai the the Rav Bar Bar Hana. So they sent the animal to Rav Bar Bar Hana. They 23:00 took so sounds like they took the animal away from Rav and they sent it to Rava bar bar Hana. What happens? He bought carbon of halal. It was a he goes out and uses the halal criteria, right? The the hollow space criteria. The akshara and he pasken that the animal is kosher. 23:21 Not only that, the zabin minay bitlisa is 30 shita bisra. And I will say what happened? Ultimately, again, they sold the meat and he himself brought he himself bought 13 istorim of meat, right? 13 istorim. So, I will say so again. So, just see if I have the progression of the story. Rav is inspecting the animals. 23:43 Rav inspecting the trayfa. Rav begins by using the ov your criteria. Students tell him, "Rebbi, didn't you teach us that you use the halal criteria?" They send the animal to Rav bar bar Hana. Rav bar bar Hana checks the animal using the halal criteria, paskens that the animal is kosher. Not only is the animal kosher, but what? Right? It's shechted, it's good, and Rav bar bar Hana himself 24:07 buys 13 istorim worth of meat from the animal. So, the Gemara says, "What happened over here?" Fe'echi avitachi. The Gemara says, "How what how was he able to do this?" Now, I will say how was who able to do [clears throat] what? So, watch this. Vataya, I will say we learned chacham shatinay en chaverah shayatay. I will say very important halacha. If a talmid chacham 24:33 was metame something, a fellow rabbinic colleague does not have the right to be metahir it. As I will say, if a Rav paskens on something, so another Rav doesn't have a doesn't have the right to go ahead and pasken on that as well. So, asur, so the Gemara says, "So, asur en chaverah shayatay if one talmid chacham asured something, his friend does not have the right to go ahead and be matir it." So, I will say so question over 24:58 here is Rav Paskin that the animal was what? Treif. So, how did Rav Abba Bar Hana have the right to Paskin that the animal was kosher? Shiny haha, the Rav lo assar meisa. So, what say remember again, follow the story. And what ended up happening? They pretty much took the animal away from Rav before what? Before Rav had the chance to Paskin. So, in fact, again, obviously using the 25:22 criteria that Rav was using, we pretty much knew what the conclusion was going to be. But yet Rav himself never actually never actually Paskin on the animal. So, the Gemara says "Vecheivan de'orai ba'a chacham heicha achnei?" What say this part is great Gemara. So, what say okay, fine. So, now we understand Rav Abba Bar Hana did not go ahead and step on someone's feet. Right? 25:42 He did not go ahead and Paskin against the psak halacha of Rav. But I have a different question. After Rav Abba Bar Hana Paskin on the animal, how was he permitted to purchase of its meat? After all, "Vahakshiv" So, let's listen to this. This is actually we we just learned this a few days ago. The Gemara is over recording the possuk from Yechezkel. What does Yechezkel say to God? He says "V'omartem 26:04 el Hashem Elokim, behold my God, ki meinafshei lo mituma, lo mituma, my I never allowed myself to become defiled. U'neveila u'treifa lo achaltiha minnu ad hayom hazeh. I never ate of an neveila and the treifa from my youth until now. V'lo va befi basar pigul." And I never ate any meat that was pigul. Remember, Yechezkel was a kohein. "V'hiyni nafshei lo mituma." 26:28 I'm sorry. Basar pigul. So, what say So, remember again, so this is what Yechezkel says. So, what say remember again we asked, Yechezkel is saying to Hakadosh Baruch Hu, Ribono shel Olam, "I've always been a good guy. Right? Look at the rayas, I never went ahead and became tamei. I never ate of an neveila or a treifa." So, what say obviously the possuk must mean something else. Because for the navi Yisrael to say God, "Look at me. I never I never 26:51 had a happy meal. Right? I mean I mean it's like you know like I never I never went through the drive-thru. I never ate an aveila and treifa. Okay, shkoyach. I mean that that really that's what you That's all you got? I mean that that that's the best we'll say. Obviously, Yechezkel must be saying something additional. So, what's like to which the Gemara now dissects the pasuk. "Hinei nafshi lo mituma." What does that mean? 27:11 Behold, my soul never became defiled. "Shelo hirharti ba'yom lav uli deituma ba'layla." I never had impure or illicit thoughts by day which would lead to a seminal emission at night. "Velo neveila u'treifa lo achalti." And I will say I never went ahead and ate of an aveila or a treifa. What does that mean? "Shelo achalti basar kos kos me'olam." I will say remember we spoke about this. I 27:34 never ate essentially of the meat of a misukenet. Remember again, a misukenet is an animal that's about to die or going to die shortly. So, conventional wisdom says, "Shecht it now so that you can eat it." It becomes a kosher animal before it dies. So, Yechezkel says, "I never ate an animal like that." I never ate an animal where people say, "Kos kos kos." Kos means "Shecht it shecht it quickly quickly before the animal dies." I never eat of an animal like that. 27:58 "Velo ba b'fi basar pigul." And ultimately, again, I never ate I never ate pigul. What does that mean? "Shelo achalti" Now I will say remember again, Yechezkel was a kohen. So, the fact that he never eats pigul, that's very nice. A lot of kohanim don't eat pigul. Baruch Hashem, there's no kohen who would eat pigul. So, what does that mean? "Shelo achalti mi'beheima she'hora'a ba'chacham." Yechezkel says, "I never 28:21 ate of an animal that was that needed clarification of psak halacha ba'tam chacham." In other words, if there was a shaila in it, I wouldn't eat it. I wouldn't eat it. "Mi'shum Rebbi Nassan amar, shelo achalti mi'beheima she'lo hormu matnosav." So, what does it mean to Rebbi Nassan? It means that as a kohen, I will say the halacha is a kohen is permitted to eat of an animal before the kohanic portions are separated. 28:46 Yechezkel was saying, "I never eat before its kind of portions separated." So we'll say, but remember again, for our purposes, what is the asking? Rava bar Hana, you went ahead and you got an animal over here. You get an animal, you pasken on the animal, right? It had a potential treif situation. You paskened on the animal, and what? And then after you declared it kosher, you actually purchased some of its meat. But isn't there an inyan for 29:08 an adam gadol, for important people, to stay away from things which are even questionable? Yechiel himself says, "I If if there was a shaila about it, I didn't eat it. If there was a shaila about it, I didn't partake of it." So Rava bar Hana, would you not hold yourself to that same standard? So how could he have eaten from the meat afterwards? To which the Gemara says, "No, no, no. Honey mili, milsa detalyo bisvara." We'll say, when Yechiel said 29:33 that I would not eat of something that required a psak halacha of a talmid chacham, we'll say, "That is where again the psak halacha required the application of svara, of logic." Rava bar Hana, "Agmurei samuch." We'll say, in Rava bar Hana, this is actually a very clear-cut halacha. This is a clear-cut halacha. He had a mesora for this that this type of cut 29:57 that this type of cut trachea was was 1,000% kosher. See, we'll say, "Not every See, what what what Yechiel was saying was, 'I never went ahead and ate of something that required some type of svara to be matir it. If it required a svara, it's okay, I'll eat something else.'" We'll say, "Sometimes there's a shaila about something, but it's a simple yes or no. It's not a svara. It's 30:22 I no but nobody has declared the kosher. They don't doesn't require deep thought. It's just a matter of information." In this case, we'll say, the animal was 1,000% kosher. Rava bar Hana did not need to think about this or to analyze this or to bring in this sugia, to bring in that sugia. The trachea wasn't cut enough to render the animal treifa. 30:40 That's just the application of straightforward halakha, and therefore again Rava bar Rav Hana felt the animal was totally fine. Take a look at Rashi, the talya b'svara. The Hasam Ekol Sabuki dilma lo havya svara alaya. Because Rashi will say, sometimes if the psak halakha requires svara of the talmid chakham, talmid chakham could be wrong. 31:00 So he has to say I never wanted to chance it. However, the Hakha Rava agimorai sama. Rava was simply relying on the tradition, on the mesorah from the Rebbeim. Darkhi gamira bei, the psukim say I got this from halakha from the Rebbeim. So good, fine. So I would say there's another problem. 31:16 This is actually amazing. I would say this is great. The safek lemishum mishum hashada. Wow. Isn't there an issue Rashi would say? Rava bar Rav Hana, you just pasken you just pasken that the animal is kosher, and what did you do after the animal was kosher? 31:38 You bought the meat. Doesn't that schmeck the wrong way? You know I I I I I I right? That does that doesn't that Does that look right? Does that look right? Does Doesn't it look like you're benefiting directly from your psak halakha? 31:54 The safek lemishum hashada Rashi says, mishum hashada dilo leimru, people should not say mishum dishayu neheilei mozel gabbei vinira kinotas as halakha. Also, Rashi would say doesn't it look strange? Right? The butcher brings his animal in front of you. Is it treif or not? Rashi would say they understand. You know, again, for a butcher you're shechting an ox, the Rav tells you that it's treif. Rashi would 32:17 say that's a pretty significant loss. A pretty significant loss. So what happens now? Rava bar Rav Hana tells the butcher the animal is kosher, and then you know, a couple of steaks wouldn't hurt, right? You go ahead, you shecht them, and then Rava bar Rav Hana goes and get Now, true, he's Now, Rashi would say to be clear, what is Rava bar Rav Hana doing? 32:34 What is he doing? He's paying for it, but still maybe it looks like he's still getting it at a discount. So, the Rambam is saying now again, to be clear about this, let us be The Rambam is not has v'shalom questioning that Rav Baruch Hana did something wrong. What the Rambam is questioning over here is the appearance, the optics of it, right? It just doesn't look right. After all, we see the sign of Moses is amazing. Donas Hadin, v'zika, 32:57 v'chiyuv, tamei v'tahar, assur v'heter. So, let's say if a dayan paskened on a case, and what happened? Whether he paskened, zakai chayev tamei tahar assur mutar, v'chein eidem she'eidu, kulan rusha'in likach. So, let's say it's actually very interesting. So, let's say again, a dayan goes ahead and as a Jew Reuven and Shimon have a have a dispute about a watch, and the dayan goes ahead and 33:21 paskens about it, okay? And he will say he paskens that it belongs to Reuven. So, we'll say and then the next day he says, you know what, I happen to be in the market for a watch, Reuven, I'd like to buy that from you. And he he buys it from Reuven. Or the witnesses who testified that it belongs to Reuven the next day want to buy it from Reuven. So, we'll say on a technical level, it's fine. In other words, a dayan is not precluded or witnesses are not precluded from buying the object which they 33:43 paskened on. However, amru chachamim, "Harchek min ha'kiyur u'min ha'domelo." But the rabbis said, "Don't do it." Don't do it. Even though technically speaking, you are allowed to do it, but ultimately what? Distance yourself min ha'kiyur, from things that look bad. 34:03 Distance yourself from things that look bad u'min ha'domelo, and from things which resemble that. So, we'll say it's actually an incredible idea. Salach l'ma'aseh, even if something is permitted, we'll say now what's interesting about this is as follows. You see, you would have thought that this is a halacha by a rav, by a dayan, but you see that it applies to the chachamim also. As we'll say, "Listen now, I'm to the to the eidem as well, to the witnesses." So, you see what Chazal are saying is, to whatever degree in 34:27 life, stay away from things that look like that you are doing manipulating circumstances to your own advantage. Try to always be beyond reproach in your conduct. If that's the case, it just doesn't look right that you're purchasing the meat. 34:45 You're purchasing the meat after you paskened on the animal. To which the also says something amazing. The meat must be mishuma. The will say, when is that so? That's true with something that is sold based on evaluation. 35:03 So we'll say, the says there's no problem here, why? The will say, how is meat sold? How is meat sold? By the price per pound. Things aren't different. So says, look, I'll show you what I paid per pound. So the will say, the issue of a concern that there may be reciprocity for paskening quote unquote the right way is when an item doesn't have a fixed price. When an item has some type of fluid valuation. Then 35:25 there's a concern that if I, right, if I paskin that the item was permitted and then I buy it and the price is not fixed, then there's a concern that it doesn't look right. The will say, but for fixed price items and it's cuz that's why the says brought what? He bought meat worth 13 13 So I just paid the price per pound, right? 35:47 I didn't get any discount of it and you could check that. So the will say, so interestingly enough, where ultimately again the transaction kind of stands, bless you, stands on its own and it could be independently corroborated as just a regular everyday transaction, it is not a problem even for the person who paskened on the animal to partake of it. 36:05 Kiha dirabba shara trefta. Right, Rabba for example, permitted a certain treifa animal. There was an animal that came before Rabba and there was a shaila whether or not it was a treifa. Rabba paskened that it wasn't a treifa and ultimately and ultimately again he bought meat from after he paskened about it, he bought some pieces of meat from that very animal. Amar lei Amar Amar lei basar so 36:30 listen to this. So of his house daughter said to Rabba. She said, you know, "Abba Shari Bukhara, below Zaven mini bistra, my father of his house was a coin. He used to pass skin on blemished Bukhara animals. So we'll say blemished Bukhara animal, right? He just consumed by the coin. So we'll say, "So what's that?" So my father used to go out and pass skin on blemished Bukhara animals. 36:54 And what? And what? And yet he would never eat of the meat. He would never eat of the meat. So she was kind of giving Rabba a little bit of a little bit of veiled musser. Right? She says, "Shari Bukhara, kish haya coin maybe the fun of Bukhara virus amatiro lo haya lo lo can baser also Bukhara. So we'll say, "So ultimately he responds to Amora lay, "Hani mini Bukhara dash is dabbing. Haha 37:20 miss color mukha. So we'll say, "Listen to this. So he said, "Let me tell you this difference. The difference is we'll say a Bukhara animal interestingly enough you're not permitted to weigh the meat of a Bukhara animal. Why can't you weigh it? Cuz we'll say because that animal still has sacred status. It's considered to be disparaging to place that animal on a scale, even the meat on the scale. 37:40 So we'll say, "How So how would you deal with Bukhara animal meat? By evaluation. So ah, when it comes to evaluation we'll say that's the concern that if you pass skin on it you may even inadvertently benefit from your pass skin alacha. So he says that's why your father never had had partaken of the Bukhara animal. 37:57 But me, I'm just buying meat at the regular per pound price. Therefore it's not a problem. So my eco, so what other problem could there possibly be with Rabba Rachana eating from the meat? Misham umsa ma aliyasa. We'll say there's another concern. Maybe even though Rabba Rachana is paying the regular price per pound, maybe the butcher is what? Going to give him the nicest cut of meat as a, you know, thanks. Thanks for pass skinning. Right? 38:19 Great job there Rabbi. Right? Thanks. Here's here's here's a little extra something for you. Right? So So going to give him the nicest cut of meat. So I'll say, "Listen to this." So Rabbi Akiva says, "That's not a problem because kol yomo um sama al yasa zabnoli. You're always going to give the Rabbi the nicest piece of meat." So I'll say, "What's the shaila? What's the shaila?" I call it out saying I'll say, "That's maasim b'chol yom." Of course you're going to get and give him. So 38:44 I'll say what what Rabbi Akiva was saying is anyway, come on. Anyway, when I come to the butcher, the butcher always gives me the greatest stuff. And I'll say, "That's maasim b'chol yom." That's That's I'll say, "Now again, that may raise other issues ultimately again in his ability to passkin for the butcher, which is something else. But l'maaseh k'gan he's saying the fact that he's going to give me a nicer cut of meat, I'm still paying for it. But the fact that he's going to give me a nicer, that 39:07 that that anyway was there." I'll say, "Underline that piece, please. Underline that line. It's good to keep keep keep down your file." I'm not his stuff. So I'll say so now based on this, the Gemara goes a little bit wider. So I'll say so now again, so that's that's kind of how that story ends. But the Gemara will say now is actually quite quite a beautiful sugya. The Gemara is kind of using this as a springboard. Now that what we see is this concept that especially for a talmid chacham, there 39:31 is this idea of being beyond reproach. So I'll say "Arav Chista is a talmid chacham." We'll say, "What's the definition of a talmid chacham? Zeh haroeh treifah l'atzmo." So I'll say it's actually quite amazing. Look at Rashi. Zeh haroeh treifah l'atzmo. We'll say it's the last of the intermediate wide lines. Zeh haroeh treifah l'atzmo k'she nodel safek treifus b'vehemtow. So I'll say this So what's what's a talmid chacham? Someone 39:54 in his own animal, he sees treifah. Right? He see What he sees over here I'll say is a safek treifus. There is a problem. V'neerav bo talmud is servei talmud heh. Servei eino chasal av osra. So I'll say what's what's a talmid chacham? Talmid chacham is someone who sees a safek in his animal. And I'll say now what happens? So he can be very creative in what? And what? And be mad 40:18 at it. Or he can be a bit bit more genuine and answer it. So I will say because it's just not the kind of thing that he can be eating. So ultimately anyone who has that level of self-restraint, right? Anyone who has that level of self-control, and even though he has grounds to be mad at it, finds the strength to say, "You know what? It's just not right." And especially again that my my vision and 40:41 my judgment may be a bit impaired because it's my own animal. Says the Gamara that's a Talmud Chacham. The words I just tell you Derekha Gedola there's a beautiful message in this also. The right the Gamara saying is a Talmud Chacham. The words I say who is the real Talmud Chacham? Haroeh Treifah Le Atzmo. See that words I say all of us have simanei treifos, right? We all do. 41:02 That's just the nature of the human condition, right? We all have flaws, we all have shortcomings, we all have simanei treifos in ourselves. The words I say but often again although we're very acute at or very adept at often seeing the simanei treifos of others, we often do not see our own. And the words I say when you don't see your own simanei treifos, that's when you make 41:24 the greatest mistakes in life. Says the Gamara you want to be a great Talmud Chacham, so worry less about seeing the simanei treifos in others and worry a bit more about Haroeh Treifah Le Atzmo. See the shortcomings in yourself, the mistakes within yourself because once you see them, that's the first step ultimately again in fixing them. All right, so we have to stop over here. 41:45 Well, let me ask Hashem to pick up with the rest of this Gamara tomorrow.
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