Transcript Translit עברית
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0:02 All right chaburah good morning good morning let us begin begin by thanking all of our sponsors for this morning's shiur. 0:28 To thank our Talmud Torah sponsors for the month of אב הבא עלינו לטובה Alan and Karen Rahm for dedicating all of Shimon Drashos this month as a zechus refuah shleimah for Eliezer ben Elisheva Azriel and Iris Miller and Adam and Lesley Rosen le-ilui nishmas Dr. 0:45 Joseph Miller חיים יוסף בן ראובן זכרונו לברכה friends of ירחמיאל מאיר בן פרליא in the zechus of his refuah shleimah and Yossi and Malka Kohn in memory of Rabbi Dr. 0:58 Nachum Schorr רב נחום בן רב חיים יהושע הלוי זכרונו לברכה. Our week of Daf Yomi sponsors for today Eyal and Sarah Steinberg in the zechus of continued health for שולמית חנה בת שושא and for an ultimate refuah shleimah and John and Jen Kaplan in memory of Rabbi Dr. 1:17 Moshe Simcha Morris Lassin zichrono livracha. 1:20 We hope that in the merit of our Talmud Torah all of the neshamos have an aliyah the families yenachamu all those who need a refuah sheba together with kol cholei Yisrael. Hakadosh Baruch Hu should im yirtzeh Hashem shower upon us brachas and besoros tovos and there is still time we 1:33 should be zocheh im yirtzeh Hashem to dance together to learn together in the courtyard of the third Beis Hamikdash bimheirah biyameinu amen. 1:39 Let's start. Let us begin. 1:40 Today's daf is Pe Gimmel 83. 1:43 We are picking up we are picking up im yirtzeh Hashem on on דף פ\"ב עמוד ב' we kind of left off like right in the middle of a line lo le-olam rabbanan which is 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22 lines up from 2:04 the bottom. It's not so long. 2:05 So let's remember again just reorient ourselves for a moment. 2:09 If you remember again in the Mishnah we had a very interesting case. 2:11 The Mishnah's case was talking about situations of אותו ואת בנו which could result in multiple liabilities. 2:19 So the machlokes case was the following case. 2:22 You shecht cow granddaughter and daughter. 2:25 The Rabbanan said Tanna Kamma said you're chayav once. 2:28 Once because remember again there is no אותו ואת בנו there is no אותו ואת בנו ultimately again by there is no אותו ואת בנו by a parent and a grandparent only halacha lema'aseh by by a parent and a child. 2:45 So therefore again what happens? 2:46 So the Rabbanan therefore say you're only chayav once. 2:48 Sumchus indicated that you're going to be chayav twice. 2:50 Why? Because again ex post facto when you go ahead and you end up shechting the third animal which is the daughter it turns out that now you have in one context shechted two אותו ואת בנו right two parent-child combinations. 3:06 So which seems to indicate that Sumchus holds that there could be multiple liability or there can be multiple liability for multiple acts performed within what we call he'elam achas one lapse one lapse. 3:17 So the Gemara was going through a couple of different cases to try to prove whether or not the Rabbanan actually hold that way. 3:22 So the Gemara says ella le-olam rabbanan. 3:26 In reality it's Rabbanan. 3:27 Now remember again we left off with the kilayim case yesterday. 3:29 ומלתא אגב אורחיה קמשמע לן. And the Gemara is coming to teach us a different lesson דאיכא תרי גווני כלאים that there are two different forms of kilayim. 3:38 What does this mean? 3:41 Le-afukei mid-Rabbi Oshaya de-Rabbi Oshaya says something very interesting that one is only liable for kilayim עד שיזרע חטה ושעורה וחרצן במפולת יד. 3:52 So one might have thought that you're only liable if you go ahead and you plant wheat barley and grape a grape seed all together at once. 4:03 Kama-shma-lan that we don't pasken that way. 4:15 דכי זרע חטה וחרצן ושעורה וחרצן נמי מיחייב. So we also paskin that even if you just do what we'll call grape and wheat or grape and barley that's also going to create liability. 4:27 To which the Gemara says one second ושעורה וחרצן נמי מיחייב. 4:31 Sorry ta shema. All right so we're still trying to figure out whether or not indeed Sumchus holds that there could be multiple liabilities for multiple acts committed within one he'elam one lapse. 4:45 So the Gemara goes weiter. 4:46 The Gemara says ta shema this is very interesting. 4:48 אכל מזה כזית ומזה כזית sofek shemorim. So listen to this. 4:53 If you have now an animal remember again an animal has two gid hanasheh right has two gid hanashehs right one on each side one on... 5:01 on each leg, one on each thigh, two sciatic nerves. 5:04 Let's say you ate a kezayis of, we'll call it the right Gid Hanasheh, and a kezayis of the left Gid Hanasheh, so what's the halacha? Sofeg shemonim, you get 80 malkus. Gemara says okay. 5:15 Rabbi Yehuda, Rabbi Yehuda says אינו סופג אלא ארבעים. Rabbi Yehuda says no you only get 40 malkus. 5:19 So Gemara says heichi dami, what's the case? 5:21 אי דאמר זה אחר זה בשתי התראות, if you're talking about that you eat them consecutively and they're each are preceded by their own hasraah, their own warning, so the Gemara says מאי טעמיה דרבי יהודה, hasraat safek hu. 5:35 Then ultimately again, what would Rabbi Yehuda's, I'm sorry, what would Rabbi Yehuda's logic be? 5:39 Right, what would Rabbi Yehuda's logic be? 5:41 Why would Rabbi Yehuda say that you only get 40? 5:44 After all again this is a case of hasraat safek. 5:47 So let's look at Rashi for just a moment. 5:49 מאי טעמיה דרבי יהודה דאמר אינו סופג אלא ארבעים לא הוה ליה למלקי כלל כל חד וחד התראת ספק הוא דמספקא ליה לרבי יהודה באותו מהן נאסר עליו בכתוב אם של ימין ואם של שמאל. Rabosai, this is a side discussion which we're actually going to get to, just just not now. 6:07 Rabbi Yehuda is, Rabbi Yehuda holds that actually the biblical prohibition of Gid Hanasheh only applies to one of the sciatic nerves, one of the Gidei Hanasheh, not both. 6:19 What's the problem? What's the problem? 6:20 We're not sure which one. 6:22 We're not sure which one. 6:23 So therefore again, if you ate a kezayis from both Gidei Hanasheh, so Rabbi Yehuda says oh you're chayav once. 6:30 Now you say to that oh that makes sense because inevitably you have consumed the the biblically illegal one. 6:36 Here's the problem. The problem is that's hasraat safek. 6:39 Why is there hasraat safek? 6:40 Because Rabosai, remember again, hasraah only works if it's a warning about a definitive act that is going to engender liability. 6:48 But in this case over here where you're eating two Gidei Hanasheh, it's true one of them is the prohibited one but what? 6:54 But what? I don't know which one. 6:56 So therefore again it's impossible to give hasraah, it's impossible to give definitive hasraah. 7:01 That's hasraat safek. And therefore again Rabosai and according to Rabbi Yehuda, ושמעינו ליה לרבי יהודה דאמר התראת ספק לא שמה התראת. 7:08 And Rabbi Yehuda holds that hasraat safek is not a proper hasraah. 7:14 Where do we see that from? 7:15 This is very interesting. 7:17 D'tanya, Rabosai, so let's say again now watch this. 7:22 Look at Rashi for just a moment. 7:24 הכה את זה וחזר והכה את זה מי שלא שהתה לאחר גטה שלשה חדשים וניסית וילדה ספק בן תשעה לראשון וספק בן שבעה לאחרון וכשגדל הכה את האחד וחזר והכה את חברו. Okay so watch this. 7:38 Rachel was married to Reuven. Rachel and Reuven got divorced. 7:41 Okay now the halacha is when a woman gets divorced she has to wait three months before getting remarried. 7:47 Right? What's the reason for that? 7:48 In the event that she's pregnant from the first marriage you need to know who the father is. 7:52 So Rachel got divorced, Rachel got divorced and then what happened? 7:55 She remarried Shimon. But she illegally married Shimon within three months. 7:59 Okay again remember the marriage works, she just did something wrong. 8:03 What happens? So Baruch Hashem a couple of months later, we'll call it seven months later, she has a baby. 8:09 She has a baby, what's that, we'll call that baby Avram. 8:13 What what happens? We're not sure who Avram's father is. 8:16 Is Avram's father Reuven or is Avram's father Shimon? 8:20 Okay, fast fast-forward a little bit, fast-forward a little bit and Avram goes ahead and hits Reuven and then he hits Shimon. 8:30 There's a lot of dynamics over here, right? 8:31 There's a lot a lot going on, right? 8:33 So he hits he hits Reuven and he hits Shimon. Rabosai, obviously hitting your father is a biblical prohibition which which brings with it a chiyuv misah. Rabosai, so now so now Avram hit both of these men. 8:44 Now what do we know? 8:45 What do we know? 8:46 We know that one of them is his father, we don't know who. 8:51 So what's the liability in this case over here? 8:53 So watch this. That's the case. 8:55 הכה את זה וחזר והכה את זה, קלל את זה וחזר וקלל את זה, right? Or Rabosai or for that matter again he cursed both of them. 9:01 Remember again cursing your father also generates liability. 9:04 So he cursed Reuven and then he cursed Shimon. 9:07 או שהכה שניהם בבת אחת או שקלל שניהם בבת אחת. So Rabosai or for that matter again halacha l'ma'aseh so in the first case it's consecutive, in second case it's simultaneous. 9:18 Right? Avram is very talented. 9:20 He curses both of his potential fathers at once. 9:23 He hits both of his potential fathers at once. 9:26 What's the halacha? Chayav. Ultimately again he's going to be liable. 9:30 He's going to be liable because again halacha l'ma'aseh we say in either case whether consecutive or simultaneous, what do we know with absolute certainty? 9:38 He hit his father. 9:40 He cursed his father. 9:41 I don't know which is his father, I got it, but it's one of these two guys and obviously he just committed this act to both of them. 9:46 Rabbi Yehuda, Rabbi Yehuda says בבת אחת חייב בזה אחר זה פטור. So ultimately again Rabosai interestingly enough Rabbi Yehuda says like this, if you go ahead, if he did it simultaneously ein hachi nami chayav. 9:59 Right? He's chayav. however if he did it consecutively he's patur. 10:03 Now what's the logic behind that? 10:05 Because the Gemara says if he did it simultaneously, then that is a bona fide hasra'ah. 10:11 Because again, there was definitive warning before the commission of a definitive act. 10:15 If it was consecutive, that's hasra'as safek, because we don't know, maybe the first guy was his father, maybe the second guy was his father, we have no idea. 10:23 So you see, point is, you see from here that according to Rabbi Yehuda, Rabbi Yehuda holds hasra'as safek is not hasra'ah. 10:29 If that's the case, coming back to the Gid Hanasheh case, how does Rabbi Yehuda even hold you liable for one Gid Hanasheh? 10:36 Or hold you liable at all? 10:38 Remember again, rabosai, there's another complicating factor over here, which is that Rabbi Yehuda holds that only one of the Gidei Hanasheh is biblically prohibited. 10:47 The other one is not, and we're not sure which is which, so isn't this a case of hasra'as safek? 10:53 To which the Gemara says, אלא פשיטא בבת אחת. 10:56 Rather, rabosai, you have to say that according to Rabbi Yehuda, the case of the Gid Hanasheh, which generates liabilities, you're eating both of them at once. 11:04 Okay, so I'm eating both of them at once, then halacha l'maiseh, then halacha l'maiseh, that's when I'll go ahead and I'll get malkus, ub'vas achas. 11:12 Sorry, ub'vas achas, so I'm eating both of the Gidei Hanasheh at once with one hasra'ah. 11:18 ומאן תנא קמא הוא? Who is the Tanna Kamma? Ilima rabbanan? 11:22 So, rabosai, so again, the Tanna Kamma holds that you're chayav twice. 11:25 So who is the Tanna Kamma? 11:27 אילימא רבנן דפליגי עליה דסומכוס? So if you want to say it's the Rabbanan in the mishna who argue on Sumchus, it can't be. 11:34 השתא ומה התם דגופין מחולקין פטרי רבנן. See, rabosai, we keep coming back to this term, in the mishna's case, there's what's called gufin mechulakin. Gufin mechulakin means you have three independent cows. 11:45 Now if there was ever a time to create multiple liability, it would be when you have three independent entities. 11:51 If even in that case, even in that case, the Rabbanan are going to say you're only chayav once, not chayav twice, הכא לא כל שכן? 11:58 Here all the more so. 11:59 Again, where it's all the same, where it's all Gid Hanasheh. Ela lav sumchus? 12:03 Rather you have to say that this reflects the view of Sumchus. 12:07 And therefore again you see that Sumchus holds that you could create multiple liabilities for multiple acts committed be'healem echad. 12:15 To which the Gemara says, לא לעולם בזו אחר זו ורבנן. 12:19 Maybe not. Maybe this is talking about a case of consecutive consumption of the Gid Hanasheh and it reflects the view of the Rabbanan. 12:26 והאי תנא סבר לה כאידך תנא דרבי יהודה. And ultimately again, the Tanna of this mishna of Gid Hanasheh holds like the other opinion of Rabbi Yehuda, דאמר התראת ספק שמה התראה. 12:38 So apparently within Rabbi Yehuda himself there's machloikes. 12:41 Does Rabbi Yehuda hold התראת ספק שמה התראה או לא שמה התראה? 12:46 So this Tanna holds that Rabbi Yehuda holds that hasra'as safek is a proper hasra'ah. 12:51 And therefore, rabosai, where do we see this? 12:53 D'tanya, לא תותירו ממנו עד בוקר. Korban Pesach. Korban Pesach, Torah says you shall not leave over any of your Korban Pesach until the morning. 13:01 והנותר ממנו עד בוקר באש תשרופו. And the pasuk says whatever is left over in the morning has to be burnt in the fire. 13:08 Top of peh gimmel. בא הכתוב ליתן עשה אחר לא תעשה. 13:12 The Torah's coming to give us an asei. 13:15 Again, rabosai, the asei is, the asei is that whatever is left over, burn, achar lo sa'asei. 13:21 So again, it's a very interesting idea over here. 13:23 So the lo sa'asei, the prohibition is, don't leave over any of the Korban Pesach. 13:28 The asei, the positive commandment is, if you do leave over, burn whatever is left over. 13:34 לומר שאין לוקין עליו דברי רבי יהודה. Now, rabosai, now what does this do for us? 13:37 לומר שאין לוקין עליו דברי רבי יהודה. Now, what this does for us is, what this does for us is it tells us ultimately again that you don't get malkus for it. 13:49 You don't get malkus for it. 13:50 That's anytime you have an asei, have an asei that comes after a lo sa'asei, ultimately again you don't get malkus. 13:56 Okay. Divrei Rabbi Yehuda. These are the words of Rabbi Yehuda. Rabbi Yaakov omer, Rabbi Yaakov says, לא מן השם הוא זה. 14:04 It's not, now rabosai, if you take a look at Rashi for just a moment, top Rashi on פג עמוד א, Rashi says טעמא דבא הכתוב הא לאו הכי לקי אף על גב דהתראת ספק היא. 14:14 Now again, rabosai, this is very interesting. 14:16 So what you see from Rabbi Yehuda's statement is the reason you don't get malkus is because the lo sa'asei is remedied by an asei. 14:24 That's what's happening, it's remedied by an asei. 14:27 Now interestingly enough, which indicates to us that if there wasn't an asei, you would get malkus. 14:33 Now why is that intriguing? 14:34 Because this is hasra'as safek. 14:36 In other words, rabosai, remember again, how do you give hasra'ah on this? 14:39 In this case it's, don't leave over. 14:41 Okay, I'm getting warned, don't leave over your Korban Pesach. 14:44 Well, maybe I will leave it over, maybe I won't leave it over, and it's impossible to go ahead and give this hasra'ah within an immediate timeframe prior to the act of leaving it over. 14:53 Point over here is you see that there is an opinion according to, or there is a version of Rabbi Yehuda that holds hasra'as safek is hasra'ah. Rabbi Yaakov. 15:00 Or Rav Yaakov says, לא מן השם הזה. 15:03 I agree with you that there is no malkus, but it's for a different reason. 15:06 אלא משום דהוי לאו שאין בו מעשה וכל לאו שאין בו מעשה אין לוקין עליו. There's another reason again. 15:13 This is what we said, it's a לאו שאין בו מעשה. 15:14 What does it mean לאו שאין בו מעשה? 15:17 What's the prohibition, what's the lav? 15:18 The lav is don't leave over. 15:20 Don't leave over is a passive act. 15:22 There is no such thing as malkus on a passive activity. 15:26 Malkus is only, is only incurred for when you commit an active or when you commit an active transgression. 15:34 Ta shma. So Gemara says what's going on. 15:36 אכל שני גידין משתי יריכות משתי בהמות סופג שמונה. Listen to this. 15:41 If you eat two gidin, gid hanasheh, two gidin from two thighs from two animals. 15:47 Right, so this case is different. 15:48 Before they were talking about the two gidei hanasheh from the same animal. 15:52 This is two gidei hanasheh from two different animals. 15:55 What's the halacha? Sofek shemoneh. You get two sets of malkus for two different gidin. Rabbi Yehuda says, no, אינו סופג אלא ארבעים. 16:03 You only get forty malkus. 16:05 The Gemara says, heichi dami, what's the case? 16:08 אילימא בזה אחר זה ובשתי התראות. So what's the case? 16:13 If we're talking about that you're eating them consecutively, right, and you got two different haztra'os, right, you got two different warnings, מאי טעמא דרבי יהודה דאמר ארבעים ותו לא? 16:26 Again rabbosai, if it's two acts preceded by two warnings, what's the discussion? 16:31 אלא פשיטא בבת אחת ובחדא התראה. Rather what are we talking about over here? 16:36 You're consuming both gidei hanasheh at one, one at one moment, bevass achas, in one he'elam, one lapse, one act, and ultimately again with one haztra'ah. 16:46 Okay, and yet there is dual liability. 16:48 So man tanna kamma? Who's the Tanna Kamma? 16:51 אילימא רבנן דפליגי עליה דסומכוס. If it's the Rabbanan who argue on Sumchus in our mishna, rabbosai, first wide line. 16:59 Once again, if in the mishna where you have independent entities, independent cows, which are significant, yet the Rabbanan still say that there will not be multiple liabilities behe'elam achas, הכא לא כל שכן? 17:10 All the more so over here where you have gidin. 17:13 אלא לאו סומכוס היא. Rather rabbosai, must be that it's Sumchus. 17:17 To which the Gemara said, לעולם בזה אחר זה. 17:19 In reality, it's consecutive. 17:21 If it's consecutive, then according to Rabbi Yehuda, rabbosai, again, if it's consecutive, then according to Rabbi Yehuda, why are you only chayav once? 17:29 כגון דלית ביה כזית. Because we could be talking about a case where there wasn't a kezayis of gid hanasheh. 17:35 דתניא אכלו ואין בו כזית חייב, Rabbi Yehuda אומר עד שיהא בו כזית. So rabbosai, we've actually seen this machlokes before, that ultimately again what happens if you eat gid hanasheh and there's not a kezayis of gid? 17:48 So the Rabbanan say you're chayav, right, because the gid hanasheh is like a beriyah, its own entity, Rabbi Yehuda holds no, it has to have a kezayis. 17:55 Maybe the case is where one gid had a kezayis, one gid didn't have a kezayis, and therefore halacha lemaysa you're only chayav for one. 18:02 Okay, so rabbosai, bottom line, bottom line, we are left with the machlokes in the mishna about what happens halacha lemaysa again if you go ahead and you shacht cow, granddaughter, daughter. 18:14 In that case again the Rabbanan will say you're only going to be chayav once and Sumchus holds that you're going to be chayav twice. 18:21 That's the fundamental machlokes. 18:23 The Rambam happens to paskin like the Rabbanan that in that case you'd be chayav once and not twice. 18:28 But again, it comes down to a more core fundamental machlokes about when you go ahead and commit potential multiple transgressions behe'elam achas, does that generate one singular liability or multiple liabilities? 18:40 That as you see from all of these cases is an ongoing machlokes. 18:44 Incredible, incredible. Rabbosai, let's go mishna. 18:46 This is a really fascinating mishna. Bearba'ah perakim bashanah. Rabbosai, listen to this. 18:53 There are four times during the year המוכר בהמה לחברו צריך להודיע אמו מכרתי לשחוט בתי מכרתי לשחוט. 19:02 Now rabbosai, now this, this is fascinating. 19:04 There are four times during the year where if you sell animals, you're an animal merchant and you're selling an animal, you have to inform the purchaser if you already sold the mother or if you already sold the daughter. 19:18 Right, fascinating. Now again rabbosai, now what, what is it exactly that's unfolding over here? 19:22 If you look at Rashi, Rashi says over here bearba'ah perakim bashanah. 19:26 It's almost right across in Rashi. 19:27 דרך ישראל לעשות סעודות וכמה דלוקי בה בהמה אינו לוקי אלא לשוחטו מיד. So there are certain times rabbosai as we're going to see where we make the assumption that if people are purchasing an animal, they're purchasing it to shacht it today. 19:44 Today. Therefore, if halacha lemaysa you sold the mother or you sold the daughter, you need to inform the purchaser. 19:52 Right, of the, so let's say Reuven came to me, I sold the mother, now Shimon comes to me and Shimon's going to go ahead and buy the daughter. 20:01 I have to tell Shimon by the way the mother was sold today. 20:04 Why? Because again there are certain times during the year once again if somebody purchases an animal, we're pretty sure they're shechting it today. 20:11 Therefore, it's interesting the obligation is upon me, the seller, the merchant, bless you, to inform the purchaser that the mother has already been sold and therefore again you could purchase the animal if you want, but you can't shecht it today. 20:24 Fascinating. So Rabosai, let's g'veiter. 20:26 So the Gemara says: What are... 20:28 what are these days? 20:31 So the Gemara says: ve-eileu hein, ערב יום טוב אחרון של חג, erev shmini atzeres, ערב יום טוב ראשון של פסח, for erev pesach, erev atzeres, for shavuos, v'erev rosh hashana, and ultimately erev rosh hashana. 20:47 These were high-volume meat days. 20:50 High-volume meat days. So Rabosai, so Rabbi Yosi haGlili adds in: אף ערב יום הכיפורים בגליל. 20:56 Also erev Yom Kippur in the Galil. 20:58 Right? erev Yom Kippur in the Galil again Rabosai seudah mafsekes, which by the way is just such a fascinating connection to today. 21:05 Right? Again Rabosai, two times during the year that we have a seudah mafsekes, erev Tisha B'Av, erev Yom Kippur. 21:10 Of course dramatically, dramatically different meals. 21:14 Right? The seudah mafsekes of erev Yom Kippur is a celebratory meal, confident ultimately again in the fact that HaKadosh Baruch Hu is going to seal us for a good year. 21:23 The seudah mafsekes of erev Tisha B'Av by definition a mournful meal, but just fascinating that the seudah mafsekes is brought up in erev Tisha B'Av. Amar Rebbe Yehuda. 21:32 So Rabosai, so interestingly enough so halakha lemaaseh on any of these days if if if you're selling animals and you already sold the mother or the daughter and now someone comes to buy the other animal, you must inform that second purchaser 21:44 that you already sold the mother or the daughter so that they won't go ahead and shecht their purchase that day. 21:51 Fascinating, fascinating. Rabosai, I'll just point out by the way, I'll just point out Tosfos actually points this out. 21:58 He says there seems to be like one major day that's missing over here. 22:02 What's missing from this list? 22:03 What about erev Sukkos? So shabbos interestingly enough erev shabbos is, but Rabosai, but you begin to see that apparently it was not common to have a proliferation of slaughtering meat on erev shabbos, which makes sense. 22:14 That's a lot of money, a lot of money to eat meat every erev shabbos. 22:17 So Rabosai, so interestingly enough what is missing over here? 22:20 What about erev Sukkos? It's interesting, right? 22:22 The Mishnah speaks about erev Shmini Atzeres. 22:24 So if you take a look at the top Tosfos, כדברי רבי יוסי הגלילי, the last four lines of that Tosfos: והא דלא חשיב הכא ערב יום טוב ראשון של חג? 22:34 Why is erev Sukkos not mentioned? 22:36 Amar Rabbeinu Tam, משום דכולי עלמא טרידי בסוכה ולולב ואין להם פנאי להרבות בשחיטה כל כך. What a beautifully magnificent Tosfos. 22:49 On erev... on erev Sukkos everybody's busy, who has time for meat? 22:55 Right? They're busy with the sukkah, they're busy with lulav and esrog. 22:59 So again of course there's seudas Yom Tov, of course there's seudas Yom Tov, but lemaaseh again apparently on erev Sukkos there wasn't such a proliferation of slaughtering of meat because people were busy with the mitzvos of the day. 23:11 How beautiful Rabosai, how beautiful is that! 23:13 Okay, so Gemara... Amar Rebbe Yehuda back to the Mishnah: Eimasai, when, when is all of this true? 23:19 When is all of this true? 23:21 The Gemara says: בזמן שאין לו רווח אבל יש לו רווח אין צריך להודיעו. 23:27 Okay, so Rabosai, so what is this talking about? 23:29 So when do we say ultimately again that the merchant is obligated to go ahead and inform the purchasers if he sold the mother or he sold the daughter? 23:37 That's when there's no spacing between the sales. 23:39 Right? Reuven came in at 9:00 in the morning and bought and bought the mother, and Shimon comes in at 10:00 and and buys the daughter. 23:47 However, again if Reuven came in you know yesterday and Shimon came today, I don't have any obligation to inform Shimon, because again I could assume that Reuven shechted his animal yesterday. 23:57 So this is only a halakha when all the purchasers are coming in on the same day together. 24:03 Incredible. Amar Rebbe Yehuda... Rebbe Yehuda agrees: המוכר את האם לחתן ואת הבת לכלה שצריך להודיעו. 24:12 However, Rebbe Yehuda does agree Rabosai that even in a case when the purchasers are coming on separate days, right? 24:18 What... that you have to inform them. 24:20 When is that? For example, Rabosai, if the choson comes along and the choson, right? 24:24 choson and kallah getting married, simchas choson v'kallah, right? 24:26 they're getting married to each other. 24:27 Right? and what happens? 24:28 That if the choson comes in and buys the mother and if the kallah comes in and buys the daughter, even if they buy it on separate days, you have to inform them that the mother and the daughter were sold. 24:40 Why? Because presumably they're both buying it for the chasuna, which means they're both going to end up slaughtering it on the same day which would be potentially not be potentially, which is problematic. 24:50 She-tzarich l'hodio, בידוע ששניהם שוחטין ביום אחד. Because in that case I know, I know with absolute finity that halakha lemaaseh they are shechting on the same day to which To which the Gemara says, to which the Gemara says, בארבעה פרקים אלו משחטין את הטבח בעל כרחו. 25:07 One other halacha, also there are four times during the year when we force a person to shecht. Rabbosai, just understand the way shechita would normally work. 25:16 It's not the way we think about it because we have refrigeration, right? 25:19 So with refrigeration, what do you do? 25:21 You shecht an animal, cut up the pieces and just put it out for sale. 25:24 It's clear in the times of the Gemara the way it operated was like this: I'm a shochet slash butcher, right, because it was usually the same person. 25:32 I'm a shochet slash butcher. 25:33 I have an animal. 25:35 When am I shechting that animal? 25:36 When am I shechting that animal? 25:37 When I have orders for all of the meat. 25:40 In other words, I'm not shechting it until I know that all of that meat is accounted for because remember, again, last thing I'm going to do is shecht it, let it sit out there. 25:49 How long do I have before it goes bad? 25:52 So Rabbosai, interestingly enough the Gemara says there are four times during the year where we force a shochet to shecht even if he has not sold all of the pieces of meat. 26:03 The Gemara says, ואפילו שור שווה אלף דינרים ואין לו ללוקח אלא דינר כופין אותו לשחוט. 26:10 So Rabbosai, so the four times of course the four times mentioned before in the Mishnah, right? 26:14 These are four times where meat is in high demand and therefore, for example, if I went over to the shochet, I went over to the shochet, I said shochet, I'm hereby purchasing a dinar of meat. 26:24 Let's say it's erev, it's erev Shmini Atzeres, and he does not have other orders for meat, the halacha forces him to shecht so that I can get my dinar of meat. 26:36 Again, also the assumption is because these are high volume demand times that what's going to happen? 26:44 He's going to sell it. 26:45 But I could force him to shecht in order to get my dinar of meat, which Rabbosai, essentially means that in the eyes of halacha, I already own my portion. 26:55 That's essentially what it means, I already own my portion. 26:58 Therefore Rabbosai, what this also means is לפיכך אם מת מת ללוקח. 27:01 What that also means is if Reuven the butcher, if Reuven the butcher's animal dies, I the purchaser incur a loss because it's again I already own that piece of meat and therefore the loss is on me. 27:14 However, Rabbosai, the rest of the year, even if I purchased a dinar's worth of meat from Reuven's animal, Reuven has a right to say, I'm not shechting until all the meat is sold out. 27:27 Therefore Rabbosai, what that does mean is, if the animal dies, the liability is not upon me the purchaser but it's upon Reuven ultimately again to supply me with a dinar of meat from somewhere else. 27:37 Incredible. So Rabbosai, let's analyze. 27:38 Tanna. Really fascinating Mishnah. Tanna, אם לא הודיעו הולך ושוחט ואינו נמנע. 27:43 So Rabbosai, so remember the Mishnah says that Rabbosai now, interestingly enough, the Mishnah talked about the case that in these high volume times, if I come into the butcher store, Reuven, I'll just call him shochet, shochet has the obligation to tell 27:57 me that by the way I sold the mother, I sold the daughter. 28:00 Let's say he didn't tell me anything. 28:02 Do I have to go inquire, do I have to go find out, do my research? 28:05 To which the Gemara says no. 28:08 אם לא הודיעו הולך ושוחט ואינו נמנע. Then again, if nothing was said to me, I don't have to assume that the mother or the daughter was sold. 28:17 I can just go about my business and shecht my animal. 28:19 Incredible. אמר רבי יהודה אימתי. So Rabbosai, Rabbi Yehuda said, remember again Rabbi Yehuda gave the case of the chosson and kallah. 28:25 Now normally again, halacha lemaise, you only have to be concerned for oso ve-es beno when the meat is being sold on the same day. 28:32 But let's say again, if the shochet is selling the meat, Reuven came in on a Tuesday and Shimon's coming in on Wednesday, shochet doesn't have to start telling anyone about mother daughter because they bought it on separate days. 28:42 With one exception, the chosson and kallah case. 28:45 And the way that the Mishnah framed the case was like this: If the chosson comes in and buys the mother and the kallah comes in, kallah comes in and buys the daughter, then you have to inform them, right, you have 28:57 to inform them why because the assumption is that what? 29:00 They're shechting on the same day. 29:01 So the Gemara just asks a very interesting, the Gemara says, the Gemara says, למה לי למתני את האם לחתן ואת הבת לכלה. 29:10 Why does the Mishnah say that the chosson's buying the mother and the kallah's buying the daughter? 29:15 Right, like in other words, like it almost sounds like something specific is happening over here. 29:19 Lama li lemasni? To which the Gemara says a very interesting מילתא אגב אורחיה קא משמע לן. 29:23 The Gemara's teaching us just just a fascinating detail, again giving us a fascinating fact in the course of conversation. 29:30 What's the fascinating fact in the course of conversation? 29:32 דאורח ארעא למיטרח בי חתנא טפי מבי כלתא. It's teaching us Rabbosai what was done. 29:39 The wedding feast was normally the primarily the responsibility of the chosson. 29:45 Of the chosson, not the kallah. 29:47 And therefore again Rabbosai, interestingly enough, the chosson was the mother, remember again the mother is the larger animal, the daughter is the smaller animal. 29:55 So just by the way, milsa agav orchai, that it was usually the chosson's side that was making the majority. 30:01 of the chasuna, not the kallah side. 30:04 Fascinating. Okay, bearba perakim elu, so it says, remember again, interestingly enough, so what did the mishna say? 30:09 So the mishna said at these four different intervals, right? 30:12 These high value meat times. 30:14 So what's the halacha? 30:15 The halacha is that if I purchase a dinar's worth of meat from the shochet, even remember the animal's alive, I could force him to shecht even though he has not sold the rest of the animal. 30:27 Right? Now, that's good, I can get my meat, rabosai, say what's the kind of, what's the downside? 30:32 The downside is that obviously I'm considered to be the owner of that meat, which means if something happens to the animal, the animal dies or something else happens, that's my loss, I the purchaser that's my loss because again, I own 30:45 that piece of meat, the animal died, Reuven the shochet has absolutely no replacement obligation. 30:50 The Gemara says, well wait a second, Vahala mashach? 30:53 How am I the owner of the meat? 30:55 I never did meshicha. 30:56 Right? Rabosai, right, meat is metaltelin and meat, right, meat is movable, metaltelin are niknin bemeshicha, right? 31:02 You acquire metaltelin ultimately again by lifting it, by right by some type of physical acquisition. 31:06 So how am I the owner of this meat if I never performed any type of kinyan on it? 31:10 So אמר רב הונא אמר רב כשמשך. Because the case where meshicha was done. 31:15 Okay. אי הכי אימא סיפא ובשאר ימות השנה אינו כן לפיכך אם מת מת למוכר. So rabosai, how does that reconcile then with the seifa? 31:24 The seifa said during the rest of the year, I can't force the hand of the shochet to shecht before he has all the meat accounted for. 31:32 Now therefore again halacha l'maise, if I have although I have a claim against the shochet, I don't own the meat and therefore again if halacha l'maise the animal dies, what's the halacha? 31:42 Again the shochet owes me replacement, replacement of that meat. 31:45 But wait a second, if I did meshicha, if I did meshicha, then why does he owe me replacement? 31:49 I was the owner. 31:50 אמר שמואל בר יצחק לעולם שלא משך. No, no, the case is where there wasn't a meshicha. 31:56 I, so rabosai, how, remember rabosai, here's what's driving this conversation. 32:00 In the really, it's in both cases, but it's more acute in the first case. 32:04 In the first case where let's say I'm buying this meat on erev shmini atzeres, which is a high volume meat time. 32:11 So what did the mishna say? 32:12 I can force the shochet, I say right, shochet, I want my dinar of meat. 32:17 I but the shochet says I didn't sell off the rest of the animal. 32:20 I could say I don't care. 32:22 Never say I don't care. 32:23 I'm saying but you understand, like of course I care. 32:25 But I also need the meat. 32:26 I could force the shochet to go ahead and shecht. 32:29 I could force that. 32:31 I can force that. 32:33 Now obviously what that means is that halacha l'maise I am the owner. 32:38 Rabosai, the Gemara's trying to understand how is it that I'm the owner? 32:41 How is it that I own that meat? 32:43 Okay, if you want to say it's meshicha, that's fine, but then it's hard to reconcile that with the end of the mishna. 32:47 So what's the case? 32:48 So rabosai, we're trying to figure out how do I, how could I have ownership of that meat? 32:52 To which the Gemara says כגון שזיכה לו על ידי אחר. 32:56 Interestingly enough, shochet conveyed ownership to me of the meat through a third party. 33:02 Through a third party. 33:03 The Gemara says listen to this, כגון שזיכה לו על ידי אחר. 33:08 Someone else went ahead and acquired ownership for me. 33:11 fragt Rashi on the first wide line, המוכר זה מסר את השור לאדם אחר שלא בפני לוקח ואמר לו זכי בשור זה לפלוני להיות בדינר בשר. 33:21 So what happens rabosai? 33:22 If you could imagine, shochet gives the animal over to to Reuven. 33:27 So Reuven, acquire, acquire a dinar's worth of meat from this shor on behalf of Silber. 33:33 Okay? So he goes and acquires it on my behalf. 33:36 Now rabosai watch this. 33:36 בארבעה פרקים אלו שזכות הוא לו זכין לאדם שלא בפניו. In the four intervals of the year where these are high, where these are high value high high meat demand, so it's a zchus. 33:48 It's a zchus. Right? 33:49 It's a benefit for me to acquire the meat and therefore again rabosai and therefore זכין לאדם שלא בפניו. 33:55 Remember again, you could do something objectively beneficial for someone without their knowledge as long as what? 34:00 As long as what? 34:01 It's objectively beneficial. So in the four times throughout the year where there's high meat volume, then again fine it's a zchus for me, it's beneficial for me and therefore Reuven could acquire my meat on my behalf even without my knowledge. 34:13 בשאר ימות השנה דחוב הוא לו. Now the rest of the year, meat acquisition is detrimental. 34:19 Now again rabosai, why is meat acquisition detrimental? 34:22 Money. It's expensive. Right? 34:24 Again, although meat is good, l'maise again the more meat I eat, bless you, the less money I have. 34:32 It's a good thing to remember. 34:33 The more meat I eat the less money I have. 34:36 Right? So therefore again halacha l'maise the rest of the year, Reuven acquiring meat on my behalf without my knowledge is actually detrimental. 34:44 And what's the halacha? 34:47 אין חבין לאדם שלא בפניו. Ultimately again rabosai the halacha is the halacha is that you can't do something detrimental for someone without their knowledge. 34:56 So again I could do something beneficial for someone ultimately again with their knowledge, but I can't. 35:05 Good. Fine. So therefore again Rabbosai, so that that's the case. 35:08 The case is where it's happening ultimately again al y'dei acher and halacha l'maiseh that's what's occurring over here. 35:14 To which the Gemara says Rabbi Elazar - so the Gemara says רבי אלעזר אמר רבי יוחנן בארבעה פרקים אלו העמידו. 35:21 So Rabbosai, so remember. 35:23 So therefore halacha l'maiseh the way we're establishing it that I own the meat even though again I did not do meshicha is someone else the shochet is giving the animal to a third party to acquire it on my behalf. 35:37 When it's the four times a year when it's high meat volume, that's זכין לאדם שלא בפניו. 35:42 It's beneficial objectively beneficial. 35:44 Therefore someone has the ability to acquire it on my behalf. 35:46 The rest of the year, detrimental and therefore I don't acquire it. 35:50 So רבי אלעזר אמר רבי יוחנן בארבעה פרקים אלו העמידו חכמים דבריהם על דין תורה. So Rabbosai listen to this. 35:56 Rabbi Elazar comes along in the name of Rabbi Yochanan, he gives a different answer. 35:59 In these four times throughout the year, the Chachamim dispensed with their legislation and established the law according to Biblical law. 36:07 What's Biblical law? דאמר רבי יוחנן דבר תורה מעות קונות. 36:11 Wow. So Rabbosai, this is a Bava Metzia sugya, right? 36:13 So again that m'de'Oraisa, m'de'Oraisa ma'os konos. 36:15 Now what does that mean? 36:18 M'de'Oraisa Rabbosai when you give money, money acquires metaltelin, money acquires movable property. 36:24 That is that is the biblical law. 36:26 Now the Rabbis intervened and they said no you do not acquire metaltelin until you do meshicha, until you do some type of physical acquisitory act. 36:34 So מה טעם אמרו משיכה קונה? Why did the Rabbis step in and say it's meshicha that's konah ultimately again and not money? 36:43 Listen to this: גזירה שמא יאמר לו נשרפו חטיך בעליה. 36:46 So Rabbosai this was a secondary Rabbinic concern. 36:49 What was the concern? 36:50 Remember this again from our from our Bava days. 36:51 The concern was like this: that halacha l'maiseh if we say ma'os konos, I go over to Reuven I say Reuven I'm buying a thousand dollars worth of wheat. 37:00 Now the wheat is sitting in the silo. 37:01 Now what happens? What happens? 37:03 So now halacha l'maiseh m'de'Oraisa I am the owner of that wheat. 37:07 A fire breaks out in the silo. 37:10 Now again my wheat is in there, Reuven's wheat is in there, and what happens? 37:13 The fire destroys a thousand dollars worth of wheat. 37:17 What is Reuven going to come and say to me? 37:19 What is Reuven going to say to me? 37:20 So sorry for your loss. 37:22 So sorry for your loss you're not going to believe it obviously whatever you you need to do you need to really do teshuva because it was only your wheat that burned, right? 37:30 My my wheat is fine. 37:31 My wheat is absolutely fine. 37:32 So in order to avoid that type of situation halacha l'maiseh Chazal intervened and Chazal said movable property is only acquired with meshicha not with money. 37:43 So what Rabbi Elazar is suggesting is for the four times of the year where ultimately again there is high volume meat demand the Rabbis dispensed with their legislation and ultimately established halacha according to d'Oraisa. 37:56 And therefore when I come over to shochet and I give him a dinar and I pay for my meat, I acquire my meat. 38:03 And because I acquire that meat therefore what? 38:05 Therefore I could force his hand to shacht on Erev Yom Tov any of these intervals even if what? 38:11 Even if he doesn't want to. 38:12 Why wouldn't he want to? 38:13 Maybe he didn't sell off the rest of the animal. 38:15 But on those four high demand times Chazal dispensed with their legislation, established d'Oraisa, ma'os konos, money effects acquisition, I own a piece of the animal and therefore I could force the shochet to shacht on my behalf so that I could get my 38:30 meat for Yom Tov. Incredible, incredible. 38:31 Mishna. Rabbosai. Yom echad arbosa. Okay. So Rabbosai here's a million dollar question. 38:37 What does a day mean? 38:39 What does a day mean in halacha, right? 38:41 So again remember we said that halacha l'maiseh you can't shacht the mother and the child on the same day. 38:47 What's a day? How how are we defining a day? 38:51 So here we go. 38:51 So Rabbosai it is interesting by the way this is the last mishna on the perek, right? 38:55 Always fascinating sometimes how sometimes how the mishnaios are organized. 39:01 Like you would have thought I don't know I would have thought if I was organizing the mishna, in which case Klal Yisrael would have been in terrible trouble, but if I was organizing the mishna I would have put this mishna first 39:11 or or like at least in the beginning. 39:14 So Rabbosai so in general by the way just al pi hashkafa like just a mussar haskel. 39:19 Why are mishnaios why why are they organized like this? 39:22 Why is it that sometimes like critical and crucial pieces of information are left to the end of the discussion when they should be at the beginning? 39:31 So perhaps it's also Chazal's ways of teaching us Rabbosai something very profound which is the power of emuna peshuta. 39:39 The power of emuna peshuta. 39:42 That what does it mean to have emuna? 39:43 What what does it mean to have simple faith? 39:45 Simple faith means that I believe even if I don't understand. 39:49 I believe. Torah says אותו ואת בנו לא תשחטו ביום אחד, that's Torah says you can't shacht a mother and the child on the same day. 39:54 That's the halacha. That's the halacha, I believe. 39:57 What are the details? 39:58 I don't know all the details. 40:00 I believe. of details, but here's what I know. 40:02 What I know is אני מאמין באמונה שלמה that אותו ואת בנו לא תשחטו ביום אחד. 40:07 That's it. I'm in. 40:09 I believe. Are there details? 40:12 Of course there are details, right? 40:13 Are there reasons? Of course there are reasons. 40:15 Do the details come? 40:16 Of course they do. 40:17 But that's not how a Yid operates. 40:19 A Yid doesn't front-load on all of the logic and details and then say, oh, very interesting, now it all makes sense, of course I'm committed. 40:26 Rather, when it comes to a Yid, what ends up happening is commitment, commitment comes first, details come later. 40:34 And rabbosai, what profound hashgacha to learn this lesson on Erev Tisha B'Av. 40:38 Because rabbosai, if you know, sometimes we miss a little bit that of course the avoda of Tisha B'Av is to mourn, of course the avoda of Tisha B'Av is to feel the pain, and the avoda of Tisha B'Av is really to reflect on 40:48 all that's been lost. 40:49 But also, the avoda of Tisha B'Av is to say אני מאמין באמונה שלמה. 40:53 Hakadosh Baruch Hu, I believe in You. 40:55 I believe in You. 40:55 I don't understand a whole multiplicity of things that You do, right? 40:58 I don't understand so many things that unfold in this world. 41:01 I don't understand all of the pain, all of the difficulty, all of the trials, I don't understand it, but even though I don't understand it, I'm in. 41:09 I'm in. And we're conditioned to think that way. 41:12 What—and rabbosai, do you want to know another power—see, people miss it, but like the whole power of Daf Yomi, the whole power of learning Gemara day in and day out is it conditions you to think this way. 41:22 Gemara requires you to accept certain truths even before you understand them. 41:28 That—see, we look at it, see, we think like, oh, it's just like random, right? 41:34 There's pieces of information with no explanation. 41:36 It's not random. It's not random. 41:37 Right? News flash, Chazal knew exactly what they were doing. 41:41 Of course they could have structured Gemara in a more logical way. 41:44 Of course there could have been a greater organization of facts. 41:47 Of course there could have been a front-loading of information so that you have all the information you need and then delve into the sugya. 41:52 They were conditioning us. 41:54 They were conditioning us to be successful Jews. 41:57 And to be successful Jews is you believe first, details come later. 42:01 I'm in. I'm in. 42:04 That's the secret of our people, and that's the avoda of Tisha B'Av as well. 42:07 Rabbosai, Tisha B'Av works because at the end of the day, I could mourn because my faith is unshakable. 42:13 I could go to the depths of pain without answers, without understanding because my faith, my emunah is rock solid. 42:21 Because Hakadosh Baruch Hu, I'm in. 42:24 And that emunah gets conditioned, and that emunah gets worked, and that emunah gets reinforced every single day. 42:32 And rabbosai, it's the randomness of Gemara that makes it the most powerful tool of Judaic advancement. 42:39 You want to know why Gemara ultimately again is part is a major part of the Jewish spiritual diet? 42:45 Because it teaches us how to be a Jew. 42:48 You go forward even though you don't have all the answers, right? 42:50 You accept certain truths even though you don't understand. 42:54 That's also called emunah. Emunah means I believe even though I don't—I don't understand. 42:59 Emunah means I accept even though I don't have all the answers. 43:01 Emunah means I'm in even though again sometimes all of this stuff does not make any sense to me. 43:07 And rabbosai, incredible. So now, by the way, the good news is the answers come, the logic comes, the insight comes, it always does, right? 43:15 Gemara always comes through. 43:17 People don't always come through, but Gemara always comes through. 43:21 Right? All the information comes at some point in time. 43:24 It's a lot like life. 43:26 It's a metaphor for the human condition as well. 43:28 All the answers come, some of the answers come in this world, some of the answers come in the next world. 43:32 The answers always come. 43:34 You just have to be patient. 43:35 But I don't wait for answers. 43:36 I have emunah first, answers later. 43:38 Incredible. Mishnah: יום אחד האמור באותו ואת בנו. So rabbosai, ultimately when it comes to one day for oso ve'es beno, היום הולך אחר הלילה. 43:46 Here it is. Here it is. 43:48 So literally again, the day follows the night. 43:52 And rabbosai, what that means is the period of time for oso ve'es beno is a night and a day. 43:56 So for example, if I shecht, just to illustrate this, if I shecht the mother on Tuesday night, on Tuesday night, that means I can't shecht the offspring, the child, for Tuesday night, Wednesday day. 44:09 And then Wednesday night I could go and shecht the child. 44:11 However, rabbosai, it's very important. 44:12 If I shecht the child on Wednesday day, then what? 44:17 I could shecht the mother Thursday night. 44:19 Right? So that's what's called היום הולך אחר הלילה. 44:23 A day is comprised of a night-day unit. 44:26 So that's the longest amount of time you have to wait is a night and a day. 44:29 Look at Rashi for just a moment. 44:31 היום הולך אחר הלילה שחט האם משחשכה לא ישחוט הבת כל הלילה וכל יום המחרת. So again, if you shecht the mother at night, you can't shecht the offspring that entire night and the following day. 44:46 אבל שחט האם ביום הבת בלילה. Ultimately again, you could shecht the daughter that night. 44:52 דאין הלילה הולך אחר היום. So rabbosai, that's the expression over here is היום הולך אחר הלילה. 44:59 The day follows the night. 45:00 follows the night, which means the unit is night and day, right, as opposed to other things which will be day and night. 45:06 So okay, good, אזו דרש שמעון בן זומא. 45:09 So where do we get this from? 45:10 By the how how do you know that that ultimately again ba'oso ve'es beno, all it says is yom echad? 45:15 How do you know that it's a night-day unit? 45:17 Look how beautiful this is. 45:20 נאמר במעשה בראשית יום אחד ונאמר באותו ואת בנו יום אחד. It says by ma'aseh Bereishis, by creation, ma'aseh Bereishis, yom echad, one day. 45:27 And it says ultimately by oso ve'es beno, one day. 45:27 מה יום אחד האמור במעשה בראשית היום הולך אחר הלילה. Just like ultimately again by creation, rabosai, the day follows the night, right? 45:37 Every in other words every day is a night-day unit, right? 45:41 The day starts at night; it's a night-day unit. 45:43 אף יום אחד האמור באותו ואת בנו היום הולך אחר הלילה. The day follows the night, i.e., a night-day unit. 45:51 So interestingly enough, it's a gezeirah shavah mima'aseh Bereishis. Gezeirah shavah from creation. 45:55 Incredible. Tanu Rabbanan, says the Gemara, אזו דרש שמעון בן זומא. 45:57 So Ben Zoma darshaned the following. 45:59 לפי שכל העניין כולו אינו מדבר אלא בקדשים. So rabosai, here's what's interesting. 46:08 Now remember, we saw this before, oso ve'es beno is written in the context of kodashim. 46:13 Because remember again, what's the pasuk that appears immediately also before oso ve'es beno? 46:17 It's the halacha that שבעת ימים תהיה תחת אמו ומיום השמיני והלאה ירצה לקרבן אשה להשם. 46:22 It's the pasuk that says you can't offer up an animal sacrificially within the first seven days of its birth; only from day eight and on can you offer it up as a korban. 46:30 So right after that is oso ve'es beno. 46:33 So rabosai, that's why, Gemara, we had the discussion. 46:35 I might have thought that oso ve'es beno only applies to kodashim, not to chullin. 46:39 So watch this. So Ben Zoma says like this: since oso ve'es beno is written in the context of kodashim, now again, remember, when it comes to korbanos and to kodashim, לילה הולך אחר היום. 46:51 Now by kodashim ultimately again, what's the halacha, rabosai? 46:52 By kodashim, the night follows the day. 46:54 Again, rabosai, remember again, when you shecht the korban, depending on the type of korban, but very often what ends up happening, you get the day in which you shecht it and also the following night. 47:04 So the night follows the day. 47:06 יכול אף זה כן? I might have thought the same halacha applies for oso ve'es beno. 47:10 Therefore again, we say gezeirah shavah. 47:12 נאמר כאן יום אחד ונאמר במעשה בראשית יום אחד. It says over here by oso ve'es beno, yom echad, and it says by ma'aseh Bereishis, yom echad as well. 47:19 מה יום אחד האמור במעשה בראשית היום הולך אחר הלילה. Just like by ma'aseh Bereishis, by creation, again it's a night-day unit. 47:27 אף יום אחד האמור באותו ואת בנו היום הולך אחר הלילה. So too by oso ve'es beno, yom echad means a night-day unit. 47:35 Again, rabosai, the expression is היום הולך אחר הלילה, that ultimately again the the day follows the night, but just understand what that means is the way halacha looks at it is a day is comprised of a night and a day. 47:47 A night and a day. 47:48 So that's the maximum window. 47:49 And again, if you shecht the mother at night, you have to wait till the next night to go ahead and shecht, but if you shecht the mother by day, you could shecht the child the next night. 47:58 The next night. Good, that's what it means. 48:00 That's a night-day unit, as opposed to kodashim. Rabosai, there's so much to say on that phrase, ובקדשים לילה הולך אחר היום, but okay, I'm I'm going to save it, maybe for tomorrow night after after Tish'ah B'av. 48:11 But just don't let don't let me finish shas without without going back to that because that is a loaded, loaded statement. 48:17 Okay, but no time. 48:18 Amud beis, amud beis. Rebbi Omer, Rebbi says: יום אחד יום המיוחד. So Rebbi says by the way, yom echad also teaches me a different halacha. 48:26 83B. What does it teach me? 48:27 What does it teach me? 48:28 יום המיוחד טעון כרוז. So ultimately again, mikan, so rabosai, so what it means is that אותו ואת בנו לא תשחטו ביום אחד, that there is a unique day which requires announcements. 48:40 What's that referring to? 48:42 So rabosai, that's referring to the previous Mishnah, where it was talking about an idea that at four times during the year, these are high-volume meat consumption days. 48:50 And therefore, if you sold the mother, you have to tell the purchaser that you sold the mother; you have to tell the purchaser of the daughter that you sold the mother. 48:56 That's what it means. 48:57 Yom echad means there are certain days which require you to announce that you sold the mother. 49:01 Or you sold the daughter. 49:03 Mikan amru. From here we learned, Rabosai, so from here we learn yom echad, that there are four times throughout the year where if you sold the mother already on that same day, you have to inform the purchaser of the daughter or of 49:18 the child that you already sold the mother. 49:20 Incredible, rabosai. הדרן עלך אותו ואת בנו. Mazal tov. Mazal tov. Mazal tov. 49:24 Okay, so alright, move on. 49:26 Kisui hadam. Kisui hadam. Rabosai, now we are being introduced to something dramatically new. 49:32 A new mitzvah. A new mitzvah. Kisui hadam, which is the mitzvah to cover the blood of an animal. 49:38 Now again, rabosai, as we're going to see, this mitzvah only applies ultimately again to chayos ve'ofos, to non-domesticated animals and ultimately again to birds. 49:48 Now why that is, again we'll have to see for our next shiur, but again, rabosai, let's just read the Mishnah right now. 49:54 Kisui hadam, the mitzvah to cover the blood. 49:56 The Mishnah says: נוהג בארץ ובחוץ לארץ. 49:58 It applies in Eretz Yisrael and outside of Eretz Yisrael. 50:02 נוהג בארץ ובחוץ לארץ. בפני הבית ושלא בפני הבית, in front of the Beis Hamikdash not in front of the Beis Hamikdash, Now again interestingly enough it only applies to chullin, does not apply to korbanos. noheig bechaya ube'of, it applies to chayas, non-domesticated animals, of, birds, bimezuman ubeshe'eino mezuman. 50:20 Now again rabbosai, mezuman ubeshe'eino mezuman means again whether or not these are, mezuman means it's prepared, which means again your animals that you own or even if you have animals from hefker that you're acquiring. 50:31 נוהג בכוי מפני שהוא ספק. Again it also applies to a koy. 50:35 Remember again a koy is this mysterious type of animal. 50:37 They are not sure if it's a beheima or a chaya, but we will if you shecht a koy you will go ahead and cover the blood, mipnei shehu safek, because it is a safek. 50:46 In other words is it a beheima or is it a chaya? 50:48 but we do not shecht a koy on yom tov. 50:51 We'll discuss why that is. 50:54 Halacha lemaiseh again we'll see because again remember that would require you to move dirt for kissuy hadam. 51:00 And again dirt is potentially muktzah. 51:02 So if you have a mitzvah you could do it but because koy is a safek don't shecht a koy on yom tov. Ve'im shochto, and if you did shecht a koy on yom tov, ein mechassin damo. 51:14 Ultimately again we don't do kissuy hadam. 51:17 We don't go ahead and cover it. 51:18 Now again rabbosai interestingly enough I'll just share with you for just a moment what is what is the logic of this mitzvah of kissuy hadam? 51:24 Why is there a mitzvah to cover the blood davka of chayas and ofos? 51:28 And rabbosai you know what I'm out of time for today but im yirtzeh hashem a lot to share next shiur. Im yirtzeh hashem will be tomorrow night after after the fast. 51:37 Fast ends I think 9:08, shiur will be im yirtzeh hashem 9:55 giving everybody a little bit of time to im yirtzeh hashem eat something, come back. 51:46 It's gonna be fantastic. 51:46 It's gonna go we'll end by no later than 12 im yirtzeh hashem. 51:53 No, kidding. Mazel tov finishing the perek. 51:56 Alright rabbosai chevreh Zoom have a great day.
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