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Thou Shall Not Murder Animals

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Lakewood Daf Yomi

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The second argument is that there's a Gemara in Maseches Sanhedrin Daf Nun Tes Amud Beis. The Gemara said, "Amar Rabi Yehuda Amar Rav, Rabi Yehuda said in the name of Rav, Adam Harishon was not allowed to eat basar. The pasuk says, "Hinei Nosati Lachem es kol The only thing Adam Harishon was allowed to eat was from the eisev hasadeh. But the life of the earth, right? Not the life of the earth. When the Bnei Noach came, he permitted them eisev hasadeh. The Torah was matir them to eat basar. She nemar, the yerek eisev nosati lachem es kol. So, Rabi Yehuda said in the name of Rav, Adam Harishon was a vegan. Adam Harishon was not allowed to eat basar. And again, what's the raya? It's a pasuk in the Torah. The pasuk says, es kol That's what you're allowed to eat. It's Dafke Noach's time. When after Noach comes out of the teiva, Hashem tells Noach, kol remes asher hu chai lachem yihyeh l'ochlah k'yerek eisev nosati lachem es kol. Just like I told Adam Harishon that he's allowed to eat from the yerek, I'm being matir you. If you want to go ahead and you want to eat basar, you can eat basar in the same way that Adam Harishon was allowed to eat eisev. The Ran in his Chidushei Ran on that Gemara in Maseches Sanhedrin Daf Nun Tes asks that ikla meidach, how could it be that Adam Harishon was not allowed to eat basar? We know that there are seven Mitzvos Bnei Noach. And one of the seven Mitzvos Bnei Noach is eiver min hachai. To the extent that Adam Harishon was not allowed to eat basar, so why we having a conversation about eiver min hachai? Bom kasha. If Adam Harishon is not allowed to eat basar, so if Adam Harishon is allowed to eat basar, he just can't eat meat. But you tell me Adam was not allowed to eat meat. If he was not allowed to eat meat, how does that fit with the verse that says and one of them was meat? So the Adam he says that when Adam was given the meat the meat actually meant more than just don't eat the meat. It meant don't eat the meat at all. As a matter of fact, what's the to the meat? It says eat the fruit. Right? Eat the fruit. We learn from there really in Adam's times eat the fruit meant you can eat fruit, you can eat vegetables, but you can't eat meat at all. What happened? In times the said no, you can eat meat. I'm going to allow you to eat the meat. When Adam was told he was allowed to eat the meat at that point there would have been a that the whole meat would have gone away. So there's still an issue of meat. So there's no way to reconcile. So there's no way to reconcile. There's no way to make sense that there would be a issue of meat and an issue of meat. If you can't eat meat, for sure you can't eat meat. The truth is there was no issue of meat in the times of Adam. The issue was don't eat meat. This whole issue of meat was something that really came about in the times of Adam. Truth is the Adam says in the book of Adam, another famous book of Adam, links on classics in the last few days. So the Adam says Adam was commanded six mitzvahs. Adam was commanded six mitzvahs. One was don't eat meat. One was don't eat meat. One was don't eat meat. One was don't eat meat. The Adam says I'm skipping a little bit. One was don't eat meat. When Adam came around, Adam got a seventh mitzvah and that was don't eat meat. Between the six that Adam Harishon got and the seventh that Noach got, seven mitzvos, what you're left with is seven mitzvos b'nei Noach. The Rambam says that Adam Harishon was never nistaveh with eiver min hachai. The whole seiver of eiver min hachai was given to it was given to Noach. What's pashut pshat in the Rambam? Pashut pshat is, I don't even think it's a He didn't understand if the Gemara says m'foresh that Adam Harishon wasn't allowed to eat basar. Vos pas eiver min hachai? Zog the Rambam, you know the teretz is eiver min hachai takah wasn't given to Adam Harishon. It was given to [laughter] Noach. We mentioned in the past, could be that's why it's called the seven mitzvos b'nei Noach. Why is it not attributed to Adam Harishon? There's different machlokes to this. But it could be because really hakol holeich acher hagmar. And the seventh of the seven mitzvos b'nei Noach was given to the b'nei Noach. It wasn't given to the b'nei Adam Harishon. So like the Rambam, it's very gishmak why it's called the seven mitzvos b'nei Noach. But the bottom line is the Ran and the Rambam were both mutching the same question. And that is if Adam Harishon was like "Hotah lo ibasar." So vos pas eiver min hachai? The teretz is you have to say that there was no issur eiver min hachai. The Ran says, what do you mean? The ikar d'orasha of eiver min hachai was given to Adam. So you have to say it was given and then it was tweaked. Eiver min hachai is the way we have it today. Initially it was given as an issur basar. The Ran says, no, Adam Harishon was only given six. The seven means the six that were given to Adam Harishon plus the seventh that was given to plus the seventh that was given to Noach. But the tzaddik shavah between the Rambam and the Ran is that it doesn't make any sense that there could be an issur eiver min hachai to the extent to the extent that there's an issur basar. Stating that tzio dua that really Tosfos in Sanhedrin daf nun vav amud beis already asks this kasha. Ochel to'eich lo eiver min hachai. Freig Tosfos. Behold, the Gemara will come on. Kol hu to lo Adam Harishon basar lo achilo. How does it make sense then that there was an issur eiver min hachai? Zog Tosfos, hainu l'chames v'lecha. That issur of basar meant to go ahead and to kill the animal and then to eat it. That's something you're not allowed to do. I will make some aleph. If the animal would die by itself, sure you would be motar. But also lafuga even in a daf enough aleph aleph. So like to say this, you want to know how you reconcile the issue bossa and the issue of even in a daf aleph aleph. The issue bossa was lahamis aleph aleph. But if you would see a dead carcass on the side of the road and you would say perfect, I have dinner for a week. That's something you were allowed to do. But it has to be dead. If it was alive and it was even in a daf aleph aleph, then it would be awesome. So to say this, it says that you could reconcile the issue even in a daf aleph aleph with the issue bossa. You know how you reconcile it because the issue bossa was lahamis but to the extent that it died by itself there wouldn't be an issue. But here's the point, there was a head aleph bossa aleph aleph. And if that's the case, it makes sense that it would be an issue even in a daf aleph aleph. is, it's very mashma from Rashi aleph aleph like the Rambam on this pasuk of my own like him in a daf aleph aleph as call Aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph which is the source that Rashi was not allowed to eat bossa. So like Rashi, his aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph but the Torah did not allow Adam and his wife lahamis breya to kill an animal aleph aleph bossa eat bossa. Aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph aleph They you see Rashi said aleph aleph aleph aleph aleph that one word lahamis if you know inside aleph aleph aleph aleph, you know makes the whole difference. Rashi like this is learning that really the issue aleph aleph bossa was an issue lahamis to go ahead and to kill it. In other words, we have a huge issue we have the Rambam and the Rambam on the one hand, we have Rashi and Rashi on on the other hand. And that is what was the issur basar that was given to Adam and Eve. According to the Rambam and the Raavad, the issur basar was an issur to eat basar. Full stop. I If that's the case, what's Adam and Eve eating? There was no Adam and Eve eating. According to the Raavad, there was a seventh mitzvah, but the seventh mitzvah wasn't Adam and Eve eating, it was basar. According to the Rambam, there wasn't even a seventh mitzvah. But the bottom line is is that as it relates to the issur Adam and Eve eating basar, there's no question there was an issur Adam and Eve eating basar. According to Rashi and Tosafot, there was never an issur Adam and Eve eating basar. It was a mitzvah to eat basar. But if it was meat from an animal, it would be okay. That's why it was very much a seventh mitzvah, the mitzvah of Adam and Eve eating. If you put it in more learned terms, it sounds like according to the Rambam and the Raavad, the issur of Adam and Eve eating in Sanhedrin 107b was an issur to eat basar. It was an issur to eat basar. It was forbidden food. It belongs in the Rambam's Kedushah. There was a forbidden food that Adam and Eve had and that is you're not allowed to eat basar. According to Rashi and Tosafot, it wasn't forbidden food. You only eat basar if you eat basar It was an issur to eat basar. It was forbidden food. That's what the issur is. Clear words, clear explanations. The question is that if it's an issur to eat basar, you understand that. There's the concept of forbidden food. As Jews, we're very familiar with forbidden food. What's this issur to kill the animals? It's like a funny thing. Where would this even play itself out? What would be the reason behind this? So the truth is, you have to take a look at the Ramban. The Ramban right there in the end of the first perek of Parshas Bereishis, the Ramban talks a little bit about this Indian. He says as follows, "How possible is it that Adam and Eve ate basar?" Basar was something that Adam and Eve ate were first allowed to eat, but in the times of Adam and Eve, it was not okay. If you read the Torah, if you read the Torah, again, those words have different meaning in the world of the here, it's so clear that that's what's going on over here in the book. The says let me tell you why. Because living beings have a little bit of a nefesh. They're similar to intelligent beings. They have some level of free will. But they to try to make sure that their life is good. They are afraid of death. Says the Ramban, it's for that reason we have to be sensitive to the life of an animal. You can just go ahead and kill an animal. Because an animal is a nefesh. Right? It has a bit of a nefesh. They're similar to intelligent beings. They have some level of free will. They have a certain level of intelligence. Right? They have something that makes them that you shouldn't be able to go ahead and kill it. Right? The Kuzari says there's four levels of life. The animal is not a human. But he's also not a human and a human. He's level three out of four. That's not bad, right? So at the end of the day, he has something going for him. When the world sinned and because of that they were saying I'm wiping out everything. And that's why the world was saved. And why was the world saved? That they were deciding to kill my men to keep the world alive. They gave permission to to go ahead and to and to eat. Because their whole existence is only because of man. And it's for that reason now man has some level of dominion over it. And by the way, if you remember, it's at the end of this that he mentioned to and he says that's referring to but the bottom line is that a is not nothing. [laughter] That's the Indian of they and that's why to go ahead and to kill an animal to eat it that's not something that you'd be allowed to do. The only reason that man was allowed to kill the animal is because the whole existence of the animals only because of man. Because was ready to destroy the world and it was so now that who just saved all the animals now you have over the animals and if you want a steak dinner you have a right to do it. That's something that you're going to be allowed to do but up until this point you were not allowed to kill an animal you would not something you were allowed to do. Why because they have a now it's not the same as the the similar to the they have a level of but you were saying and it was because of this it was because of this there was an idea that if you want to go ahead and kill it you wouldn't be allowed to kill it but then like this I'm going to end with this. >> [snorts] >> The in another place talk about this idea much more and this is in mice. In what's quickly becoming maybe our favorite in the for sure in mice and that is the of so on the which was the topic of Zion so the says a person not allowed to go ahead and ready for this thou catch them one on one if a person's going to go ahead and he's going to don't know who don't if someone's going to an animal don't cuz they think >> We're going to view this person literally as if he's a dumb. If somebody we view him as if he's a dumb. The doubles down a little bit. Go back to the beginning of time. What happened the beginning of time? Man was not allowed to kill an animal. After the I allowed you to go ahead and now treat the dumb of everything but a human being to my end. >> [snorts] >> But if you're going to go ahead and you're going to the animal you're going to be Where does it say anything in the world about killing an animal being a dumb? Go back to my separation. Go back to separation and which to the separation of the Adam was not allowed to kill an animal. He wasn't not not allowed to eat the animal. He wasn't allowed to kill the animal and it was only I'm giving you parameters of when you're allowed to. But if you're going to violate those parameters If you're not persuaded, listen to the of the tour. So what can you do with this the tour that was written by the tour? So the tour of the ark which you have to have. But the tour and very often he brings the bands and explains them. Dumb of This is in Noah. And they allowed Noah to kill all the with the exception of with the exception of man. I This is what the Torah says. If you're not going to kill the animal in the way that I commanded you to kill it, is that a play on it's as if it was never the mission will be issued to my furnace in the tour. The tour says that what means to me is paraphrasing the what the means to what the means to say is that the original of the it was not only for people. The original was true for animals as well. Not of us animals became for the reason that the explained but the extent that you're not going to do it in the right way so now you're getting involved in the truth is if you go back to call it just emerge from the table and I shall tell you be able to eat all the animals can you eat don't eat my food. Additionally when I so I'm going to kill a person I'm going to go after him we have even if an animal kills a person I'll go after the animal because what what is the other what does the fact that you can eat animals have to do with when comes out of the table David should tell have good news and bad news. The good news is steak dinner right? The bad news is if you kill a person what is one have to do with the other even though I just told you you're allowed to kill a I'll or if you go ahead and you kill another person this is because once upon a the there was an Isur Shvias Domeim, not only on the person, on beheimos as well. Noach's chiddush is that he's allowed to shecht, he's allowed to go ahead and kill. You would have taken it a little bit too far. Kamashma you're not going to take it too far. What's the bottom line? The bottom line is what's mefur from the Ramban in Parshas Bereishis and the Ramban in Parshas Acharei Mos. And the Torah Or in Parshas Acharei Mos. And by the way, Rebbeinu Bachya says in Parshas Acharei Mos and the Sforno says in Parshas Acharei Mos. And really this is an idea that's mefur in the Gilyon Mishneh that there is an element of Shvias Domeim that related once upon a time very, very much to the beheimos. That is poshut what the beer is in Shitas Rashi and Tosfos. Rashi in Chumash Parshas Bereishis Pasan Hechan in Vav Mem Beis that the issur of basar that Rebbe Yehudah bar Ilai was talking about in Sanhedrin Nun Tes that Adam HaRishon Lo Hutal Lo Basar Ba'Achilah, it wasn't an issur machalos asuros, it was an issur l'chamos. L'chamos l'achilah. What's this issur l'chamos l'achilah? It's this issur Shvias Domeim. That's what's going on over here. In other words, we have a klara machlokes Rishonim. Adam HaRishon Lo Hutal Lo Basar Ba'Achilah. What's the geder of the issur? Was it machalos asuros or was it or was it issur Shvias Domeim? Does this fall into the Rambam's Kedushah or does this fall into the Rambam's Nezikin? What chelek in Rambam do you take this halachah and you plug it into? From the Rambam in Perek Tes Halachah Alef in Hilchos Melachim and the Ran in Sanhedrin Nun Vav Mem Beis, it's mashma there was machalos asuros. From Rashi in his Pirush Al HaTorah Bereishis Perek Gimmel and Tosfos Sanhedrin Nun Vav Mem Beis, it's mashma it's an issur Shvias Domeim. What would be the geder of an issur Shvias Domeim by a beheima? That's the Ramban in his Pirush Al HaTorah. That's the Rishonim in the Sugya of Shchutei Chutz. There's an idea, there's an idea of dam shafach even when it comes to an animal. But the emes says, I think maybe lulei demistafina, what emerges from this raid is a a huge chiddush. Because the Rishonim and the Torah already said it so clearly, a saying that that is of once upon a time that existed that could exist even you would have thought that as soon as the mabul came it got washed away with all the waters. But you see not that way. The Torah says again that even though If that's the case, maybe this is another that we have to add to that with the was discussing to and he wants to know is it okay to hunt or is it not okay to hunt? And the said you have to and you have to and what about the fact that the only two hunters I ever found were Nimrod and and it's bomb from in two places and that with standing. But the bottom line is was coming to unravel every element that every can actually come up with pro and con in terms of hunting. Is it something that's okay? Is it something that's not okay? Could be. Could be there's a that to the extent that you just want to go ahead and you want to kill an animal for fun and you're not doing it you're not even doing it told you want to do this is something that you'd be allowed to do. Maybe maybe there's even an element and of them going back to that Listen, her reason, that we know existed post Torah. Now, you know it from the Rishonim in Parshas Acharei Mos, the Rishonim of Vayikra perek zayin, which tied into the Raavad and the Chidushei Rav David Zvi, but either way, Ain Beis Midrash Plai Chiddush, and we will stop here.