Who is allowed to slaughter animals? Can women? Something in the mishna is problematic and the gemara starts to bring an alternate explanation of the mishna in order to resolve the problem.
Chullin 2
11.29.2018 | כ״א בכסלו תשע״ט
Share this shiur:
Want to dedicate learning? Get started here:
Chullin 2
מַתְנִי׳ הַכֹּל שׁוֹחֲטִין וּשְׁחִיטָתָן כְּשֵׁרָה, חוּץ מֵחֵרֵשׁ שׁוֹטֶה וְקָטָן, שֶׁמָּא יְקַלְקְלוּ אֶת שְׁחִיטָתָן. וְכוּלָּן שֶׁשָּׁחֲטוּ וַאֲחֵרִים רוֹאִין אוֹתָן – שְׁחִיטָתָן כְּשֵׁרָה.
MISHNA: Everyone slaughters an animal, i.e., can perform halakhically valid slaughter, and their slaughter is valid, except for a deaf-mute, an imbecile, and a minor, lest they ruin their slaughter because they lack competence. And for all of them, when they slaughtered an animal and others see and supervise them, their slaughter is valid.
גְּמָ׳ ״הַכֹּל שׁוֹחֲטִין״ – לְכַתְּחִלָּה, ״וּשְׁחִיטָתָן כְּשֵׁרָה״ – דִּיעֲבַד!
GEMARA: There is an apparent contradiction between the first two phrases of the mishna. The tanna begins: Everyone slaughters an animal, indicating that their performing slaughter is permitted ab initio, and then teaches: And their slaughter is valid, indicating that their slaughter is valid only after the fact.
אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרַב אָשֵׁי: וְכֹל ״הַכֹּל״ לְכַתְּחִלָּה הוּא? אֶלָּא מֵעַתָּה: הַכֹּל מְמִירִין, אֶחָד הָאֲנָשִׁים וְאֶחָד הַנָּשִׁים – הָכִי נָמֵי דִּלְכַתְּחִלָּה הוּא? וְהָא כְּתִיב: ״לֹא יַחֲלִיפֶנּוּ וְלֹא יָמִיר אֹתוֹ טוֹב בְּרָע אוֹ רַע בְּטוֹב״!
Rav Aḥa, son of Rava, said to Rav Ashi: And does every use of the term: Everyone, indicate that the action in question is permitted ab initio? If that is so, in the mishna (Temura 2a), where it says: Everyone substitutes a non-sacred animal for a sacrificial animal, both men and women, is that also an expression indicating that it is permitted ab initio? But isn’t it written: “He shall neither exchange it, nor substitute it, good for bad, or bad for good” (Leviticus 27:10)?
הָתָם, כִּדְקָתָנֵי טַעְמָא: לֹא שֶׁהָאָדָם רַשַּׁאי לְהָמִיר, אֶלָּא שֶׁאִם הֵמִיר – מוּמָר, וְסוֹפֵג אֶת הָאַרְבָּעִים.
Rav Ashi answers: There, the reason the mishna uses the word everyone is that it immediately teaches: That is not to say that it is permitted for a person to substitute; rather, it means that if one did substitute a non-sacred animal for a sacrificial animal, substitution takes effect, and the one who substituted the non-sacred animal incurs [vesofeg] the forty lashes that are the punishment for violating the prohibition “Nor substitute it.” But here, since the mishna does not similarly qualify its statement, it indicates that everyone may perform the slaughter ab initio.
אֶלָּא הַכֹּל מַעֲרִיכִין וְנֶעֱרָכִין, נוֹדְרִין וְנִידָּרִין, הָכִי נָמֵי דִּלְכַתְּחִלָּה? וְהָא כְּתִיב: ״וְכִי תֶחְדַּל לִנְדֹּר לֹא יִהְיֶה בְךָ חֵטְא״!
Rav Aḥa challenges: But a mishna teaches (Arakhin 2a): Everyone takes vows of valuation and is thereby obligated to donate to the Temple treasury the value fixed by the Torah based on the age and gender of the person valuated; and everyone is valuated, and therefore one who vowed to donate his fixed value is obligated to pay; everyone vows to donate the market value of a person as a slave to the Temple treasury and is thereby obligated to pay; and everyone is the object of a vow if others vowed to donate his market value. Is that also an expression indicating that it is permitted ab initio? But it is written: “And if you shall cease to vow, there shall be no sin in you” (Deuteronomy 23:23), indicating that it is preferable not to vow.
וּכְתִיב: ״טוֹב אֲשֶׁר לֹא תִדֹּר מִשֶּׁתִּדּוֹר וְלֹא תְשַׁלֵּם״, וְתַנְיָא: טוֹב מִזֶּה וּמִזֶּה שֶׁאֵינוֹ נוֹדֵר כׇּל עִיקָּר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: טוֹב מִזֶּה וּמִזֶּה נוֹדֵר וּמְשַׁלֵּם. וַאֲפִילּוּ רַבִּי יְהוּדָה לָא קָאָמַר אֶלָּא בְּאוֹמֵר ״הֲרֵי זוֹ״,
And it is written: “It is better that you should not vow, than that you should vow and not pay” (Ecclesiastes 5:4); and it is taught in a baraita with regard to that verse: Better than both this one, who vows and does not pay, and that one, who vows and pays, is one who does not take a vow at all; this is the statement of Rabbi Meir. Rabbi Yehuda says: Better than both this one, who vows and does not pay, and that one, who does not vow at all, is one who vows and pays in fulfillment of that vow. Rav Aḥa comments: And even Rabbi Yehuda states his opinion only in a case where one vows and says: This animal is designated for sacrifice, as in that case there is no concern that he will fail to fulfill his commitment, since even if the animal is stolen or lost, he is not required to bring another in its place.
אֲבָל אָמַר ״הֲרֵי עָלַי״ – לֹא.
But in the case of one who vows and says: It is incumbent upon me to bring an offering, even Rabbi Yehuda concedes that no, it is best not to vow at all. Likewise, it is preferable not to vow to donate a certain monetary value to the Temple treasury. Apparently, then, the statements in that mishna: Everyone takes vows of valuation, and: Everyone vows to donate the assessment of a person to the Temple treasury, do not indicate that it is permitted to do so ab initio.
וְכֹל ״הַכֹּל״ לָאו לְכַתְּחִלָּה הוּא? אֶלָּא ״הַכֹּל חַיָּיבִים בְּסוּכָּה״, ״הַכֹּל חַיָּיבִין בְּצִיצִית״, הָכִי נָמֵי דְּלָאו לְכַתְּחִלָּה?
Rav Ashi responded: And is that to say that every use of the term: Everyone, is an indication that the action in question is not permitted ab initio? Rather, is the term: Everyone, in the baraita that states: Everyone is obligated in the mitzva of sukka, and in the baraita that states: Everyone is obligated in the mitzva of ritual fringes, also an indication that they are not permitted ab initio?
חַיָּיבִין – לָא קָאָמֵינָא. אֶלָּא מֵעַתָּה, ״הַכֹּל סוֹמְכִין, אֶחָד הָאֲנָשִׁים וְאֶחָד הַנָּשִׁים״ – הָכִי נָמֵי דְּלָאו לְכַתְּחִלָּה? וְהָא כְּתִיב: ״וְסָמַךְ יָדוֹ … וְנִרְצָה״!
Rav Aḥa answered: I am not speaking about cases where it is stated: Everyone is obligated, as it goes without saying that fulfilling any obligation is permitted ab initio. Rav Ashi asked: If that is so, that which was stated: Everyone who brings an offering places hands on the animal, both men and women (see Menaḥot 93a), is that also an expression indicating that it is not permitted ab initio? But isn’t it written: “And he shall place his hand upon the head of the burnt offering, and it shall be accepted for him to effect atonement for him” (Leviticus 1:4)?
אִין, אִיכָּא ״הַכֹּל״ לְכַתְּחִלָּה, וְאִיכָּא ״הַכֹּל״ דִּיעֲבַד. אֶלָּא ״הַכֹּל״ דְּהָכָא, מִמַּאי דִּלְכַתְּחִלָּה הוּא דְּתִקְשֵׁי לָךְ? דִּלְמָא דִּיעֲבַד הוּא, וְלָא תִּקְשֵׁי לָךְ.
Rav Aḥa answered: Indeed, there are instances where the word: Everyone, indicates ab initio, and there are instances where the word: Everyone, indicates after the fact. Rather, concerning the term: Everyone, that appears here in the mishna, from where can it be determined that it is an expression indicating that it is permitted ab initio, creating an apparent contradiction in the mishna that will be difficult for you? Perhaps it is an expression indicating that everyone’s slaughter is valid after the fact, and there will not be a contradiction in the mishna that will be difficult for you.
אֲמַר לֵיהּ: אֲנָא ״שְׁחִיטָתָן כְּשֵׁרָה״ קַשְׁיָא לִי, מִדְּקָתָנֵי שְׁחִיטָתָן כְּשֵׁרָה דִּיעֲבַד, מִכְּלָל דְּ״הַכֹּל״ לְכַתְּחִלָּה הוּא, דְּאִי דִּיעֲבַד – תַּרְתֵּי דִּיעֲבַד לְמָה לִי?
Rav Ashi said to Rav Aḥa: I find the phrase: And their slaughter is valid, to be difficult for me. From the fact that the tanna teaches: And their slaughter is valid, which is an expression indicating that it is valid after the fact, conclude by inference that the initial phrase in the mishna: Everyone slaughters, is an expression indicating that it is permitted ab initio. As, if it indicated that it is valid after the fact, why do I need two phrases teaching that it is valid after the fact?
אָמַר רַבָּה בַּר עוּלָּא: הָכִי קָתָנֵי – הַכֹּל שׁוֹחֲטִין, וַאֲפִילּוּ טָמֵא בְּחוּלִּין. טָמֵא בְּחוּלִּין מַאי לְמֵימְרָא? בְּחוּלִּין שֶׁנַּעֲשׂוּ עַל טׇהֳרַת הַקֹּדֶשׁ, וְקָסָבַר: חוּלִּין שֶׁנַּעֲשׂוּ עַל טׇהֳרַת הַקֹּדֶשׁ כְּקֹדֶשׁ דָּמוּ.
Rabba bar Ulla said, in resolution of the conflict in the mishna, that this is what the mishna is teaching: Everyone slaughters, and even a ritually impure person may slaughter a non-sacred animal ab initio. The Gemara interjects: What is the purpose of stating that a ritually impure person may slaughter a non-sacred animal ab initio? There is no prohibition against rendering non-sacred meat impure. The Gemara answers that the reference is to non-sacred animals that were being prepared according to the strictures of sacrificial food, and the tanna holds that the halakhic status of non-sacred foods that were prepared according to the strictures of sacrificial food is like that of sacrificial food insofar as it is prohibited to render such food impure.
כֵּיצַד הוּא עוֹשֶׂה? מֵבִיא סַכִּין אֲרוּכָּה וְשׁוֹחֵט בָּהּ, כְּדֵי שֶׁלֹּא יִגַּע בַּבָּשָׂר.
The Gemara asks: How does an impure person act in order to ensure that he will not render the flesh of the slaughtered animal impure? The Gemara answers: He brings a long knife and slaughters the animal with it, so that he will not come into contact with the flesh of the slaughtered animal.
וּבְמוּקְדָּשִׁים לֹא יִשְׁחוֹט, שֶׁמָּא יִגַּע בַּבָּשָׂר, וְאִם שָׁחַט וְאוֹמֵר ״בָּרִי לִי שֶׁלֹּא נָגַעְתִּי״ – שְׁחִיטָתוֹ כְּשֵׁרָה.
Rabba bar Ulla continues his interpretation of the mishna: And the reason the mishna also indicates that he may not slaughter ab initio is that with regard to sacrificial animals, he may not slaughter them ab initio even with a long knife, lest he come into contact with the flesh. But if he slaughtered the sacrificial animal and says: It is clear to me that I did not come into contact with the flesh, his slaughter is valid after the fact.
חוּץ מֵחֵרֵשׁ שׁוֹטֶה וְקָטָן, דַּאֲפִילּוּ בְּחוּלִּין גְּרֵידֵי, דִּיעֲבַד נָמֵי לָא, שֶׁמָּא יִשְׁהוּ, שֶׁמָּא יִדְרְסוּ, וְשֶׁמָּא יַחֲלִידוּ.
And it teaches: This is the halakha with regard to all people except for a deaf-mute, an imbecile, and a minor, who, even if they slaughtered only non-sacred animals, their slaughter is not valid even after the fact. The reason the Sages deemed such slaughter not valid is lest people in these categories interrupt the slaughter, lest they press the knife in the course of slaughter, and lest they conceal the knife beneath the windpipe or the gullet in the course of an inverted slaughter.
וְכוּלָּן שֶׁשָּׁחֲטוּ, אַהֵיָיא? אִילֵּימָא אַחֵרֵשׁ שׁוֹטֶה וְקָטָן – עֲלַהּ קָאֵי, ״וְאִם שָׁחֲטוּ״ מִיבְּעֵי לֵיהּ! אֶלָּא אַטָּמֵא בְּחוּלִּין – הָא אָמְרַתְּ: לְכַתְּחִלָּה נָמֵי שָׁחֵיט!
The Gemara asks: If so, with regard to the clause that follows in the mishna: And any of them who slaughtered an animal and others see and supervise them, their slaughter is valid, to which case in the mishna is it referring? If we say that the reference is to the case of a deaf-mute, an imbecile, and a minor, why was it formulated: And any of them who slaughtered? Since it stands adjacent to that halakha, the tanna should have formulated the phrase: And if they slaughtered. Rather, perhaps the reference is to the case of a ritually impure person who slaughtered a non-sacred animal. The Gemara rejects that possibility as well. But didn’t you say in that case: He slaughters the animal even ab initio?
וְאֶלָּא, אַטָּמֵא בְּמוּקְדָּשִׁים – בְּ״בָרִי לִי״ סַגִּי! דְּלֵיתֵיהּ קַמַּן דִּנְשַׁיְּילֵיהּ.
And rather, perhaps the reference is to the case of a ritually impure person who slaughtered a sacrificial animal. The Gemara rejects that possibility, as in that case, if the ritually impure person says: It is clear to me that I did not come into contact with the flesh, it is sufficient, and there is no need for supervision. The Gemara answers: Supervision is necessary in the case of a ritually impure person who slaughtered a sacrificial animal, to account for a case where the ritually impure person is not before us so that we can ask him whether he came into contact with the flesh.
הַאי טָמֵא בְּמוּקְדָּשִׁים, מֵהָכָא נָפְקָא? מֵהָתָם נָפְקָא: כׇּל הַפְּסוּלִין שֶׁשָּׁחֲטוּ – שְׁחִיטָתָן כְּשֵׁרָה, שֶׁהַשְּׁחִיטָה כְּשֵׁרָה בְּזָרִים, בְּנָשִׁים, וּבַעֲבָדִים, וּבִטְמֵאִים, וַאֲפִילּוּ בְּקׇדְשֵׁי קָדָשִׁים, וּבִלְבַד שֶׁלֹּא יִהְיוּ טְמֵאִין נוֹגְעִין בַּבָּשָׂר.
The Gemara asks: Is this halakha of a ritually impure person who slaughtered a sacrificial animal learned from an analysis of the mishna here? It is learned explicitly from the mishna there (Zevaḥim 31b): With regard to all those who are unfit for Temple service who slaughtered an offering, their slaughter is valid, as the slaughter of an offering is valid ab initio when performed even by non-priests, by women, by Canaanite slaves, and by ritually impure individuals. And this is the halakha even with regard to offerings of the most sacred order, provided that the ritually impure will not touch the flesh of the slaughtered animal, thereby rendering it impure.
הָכָא עִיקָּר. הָתָם, אַיְּידֵי דִּתְנָא שְׁאָר פְּסוּלִין – תְּנָא נָמֵי טָמֵא בְּמוּקְדָּשִׁים. וְאִיבָּעֵית אֵימָא: הָתָם עִיקָּר, דִּבְקָדָשִׁים קָאֵי. הָכָא, אַיְּידֵי דִּתְנָא טָמֵא בְּחוּלִּין – תָּנֵי נָמֵי טָמֵא בְּמוּקְדָּשִׁים.
The Gemara answers: The mishna here is the primary source. There, since the tanna taught the rest of those disqualified for Temple service, he taught the case of a ritually impure person who slaughtered a sacrificial animal as well. And if you wish, say instead that the mishna there is the primary source, as it is standing in tractate Zevaḥim, which deals with sacrificial animals. Here, since the tanna taught the case of a ritually impure person who slaughtered a non-sacred animal, he also teaches the case of a ritually impure person who slaughtered a sacrificial animal.
הַאי טָמֵא, דְּאִיטַּמָּא בְּמַאי? אִילֵּימָא דְּאִיטַּמִּי בְּמֵת, ״בַּחֲלַל חֶרֶב״ אָמַר רַחֲמָנָא,
The Gemara asks: This ritually impure person mentioned in the mishna is one who became impure with what form of impurity? If we say that he became impure with impurity imparted by a corpse, this is difficult, as the Merciful One states: “And whosoever in the open field touches one slain with a sword” (Numbers 19:16).
Follow 
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Rebecca Stulberg
Ottawa, Canada
I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Los Angeles, United States
In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.
Reena Slovin
Worcester, United States
Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!
Lisa Lawrence
Neve Daniel, Israel
My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Jerusalem, Israel
I started my Daf Yomi journey at the beginning of the COVID19 pandemic.
Karena Perry
Los Angeles, United States
I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.
Michelle Lewis
Beit Shemesh, Israel
I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.
Meira Shapiro
NJ, United States
After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!
Stacey Goodstein Ashtamker
Modi’in, Israel
I started learning Talmud with R’ Haramati in Yeshivah of Flatbush. But after a respite of 60 years, Rabbanit Michelle lit my fire – after attending the last three world siyumim in Miami Beach, Meadowlands and Boca Raton, and now that I’m retired, I decided – “I can do this!” It has been an incredible journey so far, and I look forward to learning Daf everyday – Mazal Tov to everyone!
Roslyn Jaffe
Florida, United States
When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.
Shira Krebs
Minnesota, United States
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Rina Goldberg
Englewood NJ, United States
It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.
Joanna Rom
Northwest Washington, United States
It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.
Jeanne Yael Klempner
Zichron Yaakov, Israel
After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.
Caroline Graham-Ofstein
Bet Shemesh, Israel
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ruth Leah Kahan
Ra’anana, Israel
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Rebecca Stulberg
Ottawa, Canada
I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!
Shoshana Ruerup
Berlin, Germany
I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!
Khaya Eisenberg
Jerusalem, Israel
Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!
Judith Weil
Raanana, Israel
Chullin 2
מַתְנִי׳ הַכֹּל שׁוֹחֲטִין וּשְׁחִיטָתָן כְּשֵׁרָה, חוּץ מֵחֵרֵשׁ שׁוֹטֶה וְקָטָן, שֶׁמָּא יְקַלְקְלוּ אֶת שְׁחִיטָתָן. וְכוּלָּן שֶׁשָּׁחֲטוּ וַאֲחֵרִים רוֹאִין אוֹתָן – שְׁחִיטָתָן כְּשֵׁרָה.
MISHNA: Everyone slaughters an animal, i.e., can perform halakhically valid slaughter, and their slaughter is valid, except for a deaf-mute, an imbecile, and a minor, lest they ruin their slaughter because they lack competence. And for all of them, when they slaughtered an animal and others see and supervise them, their slaughter is valid.
גְּמָ׳ ״הַכֹּל שׁוֹחֲטִין״ – לְכַתְּחִלָּה, ״וּשְׁחִיטָתָן כְּשֵׁרָה״ – דִּיעֲבַד!
GEMARA: There is an apparent contradiction between the first two phrases of the mishna. The tanna begins: Everyone slaughters an animal, indicating that their performing slaughter is permitted ab initio, and then teaches: And their slaughter is valid, indicating that their slaughter is valid only after the fact.
אֲמַר לֵיהּ רַב אַחָא בְּרֵיהּ דְּרָבָא לְרַב אָשֵׁי: וְכֹל ״הַכֹּל״ לְכַתְּחִלָּה הוּא? אֶלָּא מֵעַתָּה: הַכֹּל מְמִירִין, אֶחָד הָאֲנָשִׁים וְאֶחָד הַנָּשִׁים – הָכִי נָמֵי דִּלְכַתְּחִלָּה הוּא? וְהָא כְּתִיב: ״לֹא יַחֲלִיפֶנּוּ וְלֹא יָמִיר אֹתוֹ טוֹב בְּרָע אוֹ רַע בְּטוֹב״!
Rav Aḥa, son of Rava, said to Rav Ashi: And does every use of the term: Everyone, indicate that the action in question is permitted ab initio? If that is so, in the mishna (Temura 2a), where it says: Everyone substitutes a non-sacred animal for a sacrificial animal, both men and women, is that also an expression indicating that it is permitted ab initio? But isn’t it written: “He shall neither exchange it, nor substitute it, good for bad, or bad for good” (Leviticus 27:10)?
הָתָם, כִּדְקָתָנֵי טַעְמָא: לֹא שֶׁהָאָדָם רַשַּׁאי לְהָמִיר, אֶלָּא שֶׁאִם הֵמִיר – מוּמָר, וְסוֹפֵג אֶת הָאַרְבָּעִים.
Rav Ashi answers: There, the reason the mishna uses the word everyone is that it immediately teaches: That is not to say that it is permitted for a person to substitute; rather, it means that if one did substitute a non-sacred animal for a sacrificial animal, substitution takes effect, and the one who substituted the non-sacred animal incurs [vesofeg] the forty lashes that are the punishment for violating the prohibition “Nor substitute it.” But here, since the mishna does not similarly qualify its statement, it indicates that everyone may perform the slaughter ab initio.
אֶלָּא הַכֹּל מַעֲרִיכִין וְנֶעֱרָכִין, נוֹדְרִין וְנִידָּרִין, הָכִי נָמֵי דִּלְכַתְּחִלָּה? וְהָא כְּתִיב: ״וְכִי תֶחְדַּל לִנְדֹּר לֹא יִהְיֶה בְךָ חֵטְא״!
Rav Aḥa challenges: But a mishna teaches (Arakhin 2a): Everyone takes vows of valuation and is thereby obligated to donate to the Temple treasury the value fixed by the Torah based on the age and gender of the person valuated; and everyone is valuated, and therefore one who vowed to donate his fixed value is obligated to pay; everyone vows to donate the market value of a person as a slave to the Temple treasury and is thereby obligated to pay; and everyone is the object of a vow if others vowed to donate his market value. Is that also an expression indicating that it is permitted ab initio? But it is written: “And if you shall cease to vow, there shall be no sin in you” (Deuteronomy 23:23), indicating that it is preferable not to vow.
וּכְתִיב: ״טוֹב אֲשֶׁר לֹא תִדֹּר מִשֶּׁתִּדּוֹר וְלֹא תְשַׁלֵּם״, וְתַנְיָא: טוֹב מִזֶּה וּמִזֶּה שֶׁאֵינוֹ נוֹדֵר כׇּל עִיקָּר, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: טוֹב מִזֶּה וּמִזֶּה נוֹדֵר וּמְשַׁלֵּם. וַאֲפִילּוּ רַבִּי יְהוּדָה לָא קָאָמַר אֶלָּא בְּאוֹמֵר ״הֲרֵי זוֹ״,
And it is written: “It is better that you should not vow, than that you should vow and not pay” (Ecclesiastes 5:4); and it is taught in a baraita with regard to that verse: Better than both this one, who vows and does not pay, and that one, who vows and pays, is one who does not take a vow at all; this is the statement of Rabbi Meir. Rabbi Yehuda says: Better than both this one, who vows and does not pay, and that one, who does not vow at all, is one who vows and pays in fulfillment of that vow. Rav Aḥa comments: And even Rabbi Yehuda states his opinion only in a case where one vows and says: This animal is designated for sacrifice, as in that case there is no concern that he will fail to fulfill his commitment, since even if the animal is stolen or lost, he is not required to bring another in its place.
אֲבָל אָמַר ״הֲרֵי עָלַי״ – לֹא.
But in the case of one who vows and says: It is incumbent upon me to bring an offering, even Rabbi Yehuda concedes that no, it is best not to vow at all. Likewise, it is preferable not to vow to donate a certain monetary value to the Temple treasury. Apparently, then, the statements in that mishna: Everyone takes vows of valuation, and: Everyone vows to donate the assessment of a person to the Temple treasury, do not indicate that it is permitted to do so ab initio.
וְכֹל ״הַכֹּל״ לָאו לְכַתְּחִלָּה הוּא? אֶלָּא ״הַכֹּל חַיָּיבִים בְּסוּכָּה״, ״הַכֹּל חַיָּיבִין בְּצִיצִית״, הָכִי נָמֵי דְּלָאו לְכַתְּחִלָּה?
Rav Ashi responded: And is that to say that every use of the term: Everyone, is an indication that the action in question is not permitted ab initio? Rather, is the term: Everyone, in the baraita that states: Everyone is obligated in the mitzva of sukka, and in the baraita that states: Everyone is obligated in the mitzva of ritual fringes, also an indication that they are not permitted ab initio?
חַיָּיבִין – לָא קָאָמֵינָא. אֶלָּא מֵעַתָּה, ״הַכֹּל סוֹמְכִין, אֶחָד הָאֲנָשִׁים וְאֶחָד הַנָּשִׁים״ – הָכִי נָמֵי דְּלָאו לְכַתְּחִלָּה? וְהָא כְּתִיב: ״וְסָמַךְ יָדוֹ … וְנִרְצָה״!
Rav Aḥa answered: I am not speaking about cases where it is stated: Everyone is obligated, as it goes without saying that fulfilling any obligation is permitted ab initio. Rav Ashi asked: If that is so, that which was stated: Everyone who brings an offering places hands on the animal, both men and women (see Menaḥot 93a), is that also an expression indicating that it is not permitted ab initio? But isn’t it written: “And he shall place his hand upon the head of the burnt offering, and it shall be accepted for him to effect atonement for him” (Leviticus 1:4)?
אִין, אִיכָּא ״הַכֹּל״ לְכַתְּחִלָּה, וְאִיכָּא ״הַכֹּל״ דִּיעֲבַד. אֶלָּא ״הַכֹּל״ דְּהָכָא, מִמַּאי דִּלְכַתְּחִלָּה הוּא דְּתִקְשֵׁי לָךְ? דִּלְמָא דִּיעֲבַד הוּא, וְלָא תִּקְשֵׁי לָךְ.
Rav Aḥa answered: Indeed, there are instances where the word: Everyone, indicates ab initio, and there are instances where the word: Everyone, indicates after the fact. Rather, concerning the term: Everyone, that appears here in the mishna, from where can it be determined that it is an expression indicating that it is permitted ab initio, creating an apparent contradiction in the mishna that will be difficult for you? Perhaps it is an expression indicating that everyone’s slaughter is valid after the fact, and there will not be a contradiction in the mishna that will be difficult for you.
אֲמַר לֵיהּ: אֲנָא ״שְׁחִיטָתָן כְּשֵׁרָה״ קַשְׁיָא לִי, מִדְּקָתָנֵי שְׁחִיטָתָן כְּשֵׁרָה דִּיעֲבַד, מִכְּלָל דְּ״הַכֹּל״ לְכַתְּחִלָּה הוּא, דְּאִי דִּיעֲבַד – תַּרְתֵּי דִּיעֲבַד לְמָה לִי?
Rav Ashi said to Rav Aḥa: I find the phrase: And their slaughter is valid, to be difficult for me. From the fact that the tanna teaches: And their slaughter is valid, which is an expression indicating that it is valid after the fact, conclude by inference that the initial phrase in the mishna: Everyone slaughters, is an expression indicating that it is permitted ab initio. As, if it indicated that it is valid after the fact, why do I need two phrases teaching that it is valid after the fact?
אָמַר רַבָּה בַּר עוּלָּא: הָכִי קָתָנֵי – הַכֹּל שׁוֹחֲטִין, וַאֲפִילּוּ טָמֵא בְּחוּלִּין. טָמֵא בְּחוּלִּין מַאי לְמֵימְרָא? בְּחוּלִּין שֶׁנַּעֲשׂוּ עַל טׇהֳרַת הַקֹּדֶשׁ, וְקָסָבַר: חוּלִּין שֶׁנַּעֲשׂוּ עַל טׇהֳרַת הַקֹּדֶשׁ כְּקֹדֶשׁ דָּמוּ.
Rabba bar Ulla said, in resolution of the conflict in the mishna, that this is what the mishna is teaching: Everyone slaughters, and even a ritually impure person may slaughter a non-sacred animal ab initio. The Gemara interjects: What is the purpose of stating that a ritually impure person may slaughter a non-sacred animal ab initio? There is no prohibition against rendering non-sacred meat impure. The Gemara answers that the reference is to non-sacred animals that were being prepared according to the strictures of sacrificial food, and the tanna holds that the halakhic status of non-sacred foods that were prepared according to the strictures of sacrificial food is like that of sacrificial food insofar as it is prohibited to render such food impure.
כֵּיצַד הוּא עוֹשֶׂה? מֵבִיא סַכִּין אֲרוּכָּה וְשׁוֹחֵט בָּהּ, כְּדֵי שֶׁלֹּא יִגַּע בַּבָּשָׂר.
The Gemara asks: How does an impure person act in order to ensure that he will not render the flesh of the slaughtered animal impure? The Gemara answers: He brings a long knife and slaughters the animal with it, so that he will not come into contact with the flesh of the slaughtered animal.
וּבְמוּקְדָּשִׁים לֹא יִשְׁחוֹט, שֶׁמָּא יִגַּע בַּבָּשָׂר, וְאִם שָׁחַט וְאוֹמֵר ״בָּרִי לִי שֶׁלֹּא נָגַעְתִּי״ – שְׁחִיטָתוֹ כְּשֵׁרָה.
Rabba bar Ulla continues his interpretation of the mishna: And the reason the mishna also indicates that he may not slaughter ab initio is that with regard to sacrificial animals, he may not slaughter them ab initio even with a long knife, lest he come into contact with the flesh. But if he slaughtered the sacrificial animal and says: It is clear to me that I did not come into contact with the flesh, his slaughter is valid after the fact.
חוּץ מֵחֵרֵשׁ שׁוֹטֶה וְקָטָן, דַּאֲפִילּוּ בְּחוּלִּין גְּרֵידֵי, דִּיעֲבַד נָמֵי לָא, שֶׁמָּא יִשְׁהוּ, שֶׁמָּא יִדְרְסוּ, וְשֶׁמָּא יַחֲלִידוּ.
And it teaches: This is the halakha with regard to all people except for a deaf-mute, an imbecile, and a minor, who, even if they slaughtered only non-sacred animals, their slaughter is not valid even after the fact. The reason the Sages deemed such slaughter not valid is lest people in these categories interrupt the slaughter, lest they press the knife in the course of slaughter, and lest they conceal the knife beneath the windpipe or the gullet in the course of an inverted slaughter.
וְכוּלָּן שֶׁשָּׁחֲטוּ, אַהֵיָיא? אִילֵּימָא אַחֵרֵשׁ שׁוֹטֶה וְקָטָן – עֲלַהּ קָאֵי, ״וְאִם שָׁחֲטוּ״ מִיבְּעֵי לֵיהּ! אֶלָּא אַטָּמֵא בְּחוּלִּין – הָא אָמְרַתְּ: לְכַתְּחִלָּה נָמֵי שָׁחֵיט!
The Gemara asks: If so, with regard to the clause that follows in the mishna: And any of them who slaughtered an animal and others see and supervise them, their slaughter is valid, to which case in the mishna is it referring? If we say that the reference is to the case of a deaf-mute, an imbecile, and a minor, why was it formulated: And any of them who slaughtered? Since it stands adjacent to that halakha, the tanna should have formulated the phrase: And if they slaughtered. Rather, perhaps the reference is to the case of a ritually impure person who slaughtered a non-sacred animal. The Gemara rejects that possibility as well. But didn’t you say in that case: He slaughters the animal even ab initio?
וְאֶלָּא, אַטָּמֵא בְּמוּקְדָּשִׁים – בְּ״בָרִי לִי״ סַגִּי! דְּלֵיתֵיהּ קַמַּן דִּנְשַׁיְּילֵיהּ.
And rather, perhaps the reference is to the case of a ritually impure person who slaughtered a sacrificial animal. The Gemara rejects that possibility, as in that case, if the ritually impure person says: It is clear to me that I did not come into contact with the flesh, it is sufficient, and there is no need for supervision. The Gemara answers: Supervision is necessary in the case of a ritually impure person who slaughtered a sacrificial animal, to account for a case where the ritually impure person is not before us so that we can ask him whether he came into contact with the flesh.
הַאי טָמֵא בְּמוּקְדָּשִׁים, מֵהָכָא נָפְקָא? מֵהָתָם נָפְקָא: כׇּל הַפְּסוּלִין שֶׁשָּׁחֲטוּ – שְׁחִיטָתָן כְּשֵׁרָה, שֶׁהַשְּׁחִיטָה כְּשֵׁרָה בְּזָרִים, בְּנָשִׁים, וּבַעֲבָדִים, וּבִטְמֵאִים, וַאֲפִילּוּ בְּקׇדְשֵׁי קָדָשִׁים, וּבִלְבַד שֶׁלֹּא יִהְיוּ טְמֵאִין נוֹגְעִין בַּבָּשָׂר.
The Gemara asks: Is this halakha of a ritually impure person who slaughtered a sacrificial animal learned from an analysis of the mishna here? It is learned explicitly from the mishna there (Zevaḥim 31b): With regard to all those who are unfit for Temple service who slaughtered an offering, their slaughter is valid, as the slaughter of an offering is valid ab initio when performed even by non-priests, by women, by Canaanite slaves, and by ritually impure individuals. And this is the halakha even with regard to offerings of the most sacred order, provided that the ritually impure will not touch the flesh of the slaughtered animal, thereby rendering it impure.
הָכָא עִיקָּר. הָתָם, אַיְּידֵי דִּתְנָא שְׁאָר פְּסוּלִין – תְּנָא נָמֵי טָמֵא בְּמוּקְדָּשִׁים. וְאִיבָּעֵית אֵימָא: הָתָם עִיקָּר, דִּבְקָדָשִׁים קָאֵי. הָכָא, אַיְּידֵי דִּתְנָא טָמֵא בְּחוּלִּין – תָּנֵי נָמֵי טָמֵא בְּמוּקְדָּשִׁים.
The Gemara answers: The mishna here is the primary source. There, since the tanna taught the rest of those disqualified for Temple service, he taught the case of a ritually impure person who slaughtered a sacrificial animal as well. And if you wish, say instead that the mishna there is the primary source, as it is standing in tractate Zevaḥim, which deals with sacrificial animals. Here, since the tanna taught the case of a ritually impure person who slaughtered a non-sacred animal, he also teaches the case of a ritually impure person who slaughtered a sacrificial animal.
הַאי טָמֵא, דְּאִיטַּמָּא בְּמַאי? אִילֵּימָא דְּאִיטַּמִּי בְּמֵת, ״בַּחֲלַל חֶרֶב״ אָמַר רַחֲמָנָא,
The Gemara asks: This ritually impure person mentioned in the mishna is one who became impure with what form of impurity? If we say that he became impure with impurity imparted by a corpse, this is difficult, as the Merciful One states: “And whosoever in the open field touches one slain with a sword” (Numbers 19:16).
Follow
