חידוש של הגר״ח בשוחט מיעוט בתרא בבהמה מסוכנת

Just to end with one hora related to a sh'chita ham'sukanes, which is going to tie into some rate that we've spoken about recently. I saw in the Har Tzvi Alshich, right here in Maseches Chullin, daf lamed ches, it's really on tomorrow's daf. And the source of this Har Tzvi is really from the Sh'ailos U'Tshuvos Har Tzvi. It's in Yoreh De'ah siman tes vav. He brings a maiseh shehaya kachaya in the city of Brisk at the time that a in Rav Chaim Halevi Soloveitchik was the Rav of Brisk. So there was a maiseh shehaya kachaya. There was a shochet who shochted an animal. He shochted ro'ev the animal perfect. And then he continued and he shochted the meat basar of the animal and he did it b'sh'hiya. While he shochted the meat basar, the animal was not m'farkhes. It didn't show any sign of life. So Rav Chaim Halevi said that even though we know that if someone is shochav meat basar, the Shulchan Aruch says we're supposed to be machmir like the taiku of the Gemara l'fi shitas Rashi that shochav meat tzimurim is referring even to the meat basar, but in this case when the animal showed no sign of life at the meat basar, it's going to be fine. You know why? Said Rav Chaim, because that's poshit. Once you shochted ro'ev the animal, at that point the animal is already a m'sukanes. What's the halacha of a m'sukanes? If it's m'farkhes and it shows a sign of life, well then the halacha is we assume the animal is alive. If however it's not m'farkhes and it doesn't show a sign of life, we assume the animal is dead. SO AFTER RAV CHAIM THAT'S POSHIT THAT EVEN RASHI'S shita of shochav the basar is a taiku is going to be a problem. THAT'S ONLY IF YOU ASSUME THE ANIMAL'S ALIVE. BUT IF YOU ASSUME THE ANIMAL is dead, THEN THE SHAVUA MEAT BASAR IS NOTHING. ONCE THE ANIMAL'S DEAD, IT'S DEAD. THEN FOR SURE YOU GOT THE RUBA KULA AL YEDEI DEROY. SO CHAIM SAID THIS CHIDDUSH IN THE WHOLE CITY of Brisk was tomling about this chiddush. HE SAID THAT EVEN though there's a halacha of shavua meat basar, but at the same time, if he was shavua meat basar and the animal wasn't a farches, then we're going to look at it as if it's bechezkas that it died already. If it died already, YOU DON'T HAVE TO WORRY ABOUT THE FACT THAT IT WAS shavua meat basar. The ra'ui na'as varum l'mishomro. So Rav Pesach Frank in his chiddush says that as much as this chiddush is such a gishmaka chiddush bidibrei picho v'cheino, he said but I have two problems with this chiddush. His first problem was as follows. Rav Chaim is assuming that when we say that an animal that's a misukanes and then it doesn't show a sign of life, it's not a farches, during the shchita, the halacha is not allowed to eat it. So Rav Chaim is assuming that the reason is because we assume that b'vadai it's not alive. We assume b'vadai it's not alive. And being that you assume b'vadai it's not alive, l'chumra to tell me that it's an aveila, I'm not allowed to eat it. Well, if that's the case, I would assume b'vadai it's not alive l'kula as well. And therefore if you were shavua meat basar and now you actually want the animal to have been dead the shchita of the roif simanim, I'm going to assume that it was dead already l'kula on THE SHAVUA MEAT BASAR was not going to be a problem. Observe Rav Tzvi Pesach is a much to go azoy weit. Maybe the fact that the animal was a misukanes and didn't show a sign of life is not a b'vadai that it died, but maybe A MEICHASH MIYUBOI, YOU have to be worried that maybe it died. So l'chumra to go ahead and eat it, it's a de'oraisa, maybe it's an aveila, so we're not going to let you eat it. BUT TO GO L'KULA TO be matir a shavua meat basar which according to Rashi, Rabbeinu Yerucham that the four shavuas IS ALSO SHAVUA DE'ORAISA, MEICHASH TEISA we're going to be matir. Instead, Rav Tzvi Pesach would say is never going to be going to and make a taste of the sun. So I know what the time got it from the washing of the amber. Of course that's what the time got it from. It's also a washing of the sugar order in your day is you sign save a lot. The sugar order says and it's a quote for being from the rambam as I miss you can ask for like so cloud a reason of a fellow the like him a lot. Oh, you get milk. So said WHAT HE PASSED THAT'S WHAT THE TIME was coming from. THAT SUGAR ORDER STATE like him a lot. Like him a LOT MEANS IT'S A DAY OF ME SO. SO IT'S A DAY OF ME SO NO WASHING of the washing of the by the way like him a lot is itself in a way cooler because you can't just give a person milk. There's a lot of the washing of the washing of and all my we assume that if it's like the animal for sure died even to give a year milk. Well, if that's the case for sure that the knock out of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing it's not going to be a problem. What he passed says it's not so possible a lot. Again, the for sure from the washing of the washing of this is the but at the same time he says if you take a look at the garden and the much is very much with why the said and it's based on the washing of the washing of the washing of the washing [clears throat] of it's you're so positive that the animal died. MAYBE IT WASN'T A CUZ IT WASN'T A >> [laughter] >> HOW COULD THE FACT THAT LIKE THE FACT YOU DIDN'T DO SOMETHING that's a riot that it was for sure dead. Right, you do something that could be a positive riot. Not doing something is usually not considered a riot, right? But the bottom line is the much is very much with this and the says that the only reason that the washing of the washing of the washing of the washing of that like him a lot is because really every single behavior we know is it's actually until you know for sure that it's and what's the says the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the the washing of the washing of the washing of the washing of the washing of the washing of the washing of the washing of the fact that it wasn't a fact that it's also a sister. That's why it's going to be like him a lot. So says Pesach like the Prima God then where it's only the fact that because of the in the war, you don't have the in the war to be so over there be on the dinner that it's not really a war. It's not really a war. It could be again. Pesach is not being the party pooper. He's having a in the order just like we're all having a in the order. He just said IT'S A WAR. CUZ IT'S NOT THE PRIMA GOD THEN AND THE PRIMA GOD THEN SAYS THAT the only reason we assume it is because it's supported by the in the war. But that's only true that's not going to be true but then Pesach says another war. This I thought was very interesting and that is says if you take a look at the war. The says why is it that if someone is in the war for like a cloud reason they love a like a Well that's such a war. Says the war. Cuz there's a I don't know that before the animal died for sure or before the war it already died. The war is in the war in the war. First of the war the war in this war cuz as soon as it it started experiencing the war war in the war in the WAR AND FOR SURE IT'S WAR LEFT BEFORE it the conclusion of the war arrived. The crazy war say. The war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war in the war The war in the war in the crazy war all three said the same thing that the Hazakah is that before the completion of the Shchita, it's going to die. Right? That's the Hashman. The Hashman is before the completion of the Shchita it's going to die. If that's the case, Hazakah what's I'm saying? What I'm saying as soon as you do roiv, there's no question in the world at that point it's already going to be a misakal you shachted roiv. There's no shaila at that point that it's already going to be a misakal. Okay, so if that's the case, if it's you're going to have a problem. SO I CAN'T EVEN GO CUZ THE RAM SAYS IT'S A VADA. RAM SAYS LIKE YOU SEE IT EVEN GOES LIKE THAT. SO RAM SAYS IF YOU HAVE A BASAR IT DOESN'T MATTER cuz you were unavailable. SO RAM SAYS THAT WOULD BE TRUE if the and the and the crazy place he would have said that THE MOMENT YOU START THE SHCHITA IT'S ALREADY BUT THEY ALL WENT OUT of their way to be mad it's BEFORE THE IF THAT'S THE case Ram says maybe when the started the when he started was still alive then he was so at that point it wasn't an avail yet. You're right by the time HE FINISHED THE FOR SURE AT THAT POINT MAYBE HE WAS SO BEFORE IT DIED. AND IF THAT'S THE CASE EVEN IF IT'S TRUE THE WORKS AS LONG AS YOU DO WITH THE same as a war but the it only is A BY THE BUT BEING THAT IT WAS SO MAYBE IT WAS SO BEFORE THE AND IF IT WAS SO BEFORE THE YOU KNOW you're having a problem. In other words Ram says this is you have TO SPOUT THE NOW we're really getting into it. Right so now we're talking about the and the you have TO TAKE THE WITH WITH A AND ON THE END AND you have TO GO AHEAD AND YOU HAVE to spout it and you have to ask yourself it could be the and was in the early part of the and it didn't die until it was already OF THE RIGHT? UNTIL YOU HAVE THE END OF THE AND IF THAT'S THE CASE even if you make the like Ram is making it, is the Ram and the world, but at the same time it's still not so passionate that this is the way it's going to play itself out. Either way, this is the Tshuvas HaTzvi that we just read out. It's a short Tshuvas. It's a short Tshuvas. It's in Yoreh De'ah, Siman 105. The Shailah, by the way, was Rabbi Velvel. He was the Shailah and he was the one who told Rabbi Tzvi Pesach about this Maiseh Shailah K'Chai with Rabbi Chaim Brisker. And inasmuch as it's a very, very gishmak Shailah, but in Halacha of Maiseh, so Rabbi Tzvi Pesach was mefakteik very much. It's interesting cuz Rabbi Tzvi Pesach he had a do ahead an incredible koach deteil. But when it came to this, he felt it wasn't so pashut the kulah of Rabbi Chaim Brisker. But I just want to end with one ha'arah that I saw in the Sefer Mishnahs Maseches Chullin. And this is from HaGaon Rabbi Itamar Garbuz. And in Siman Chof Aleph, he brings this Shmuah from Rabbi Chaim. Brings it from the HaTzvi, by the way. So it seems like the source of this Rabbi Chaim is the HaTzvi, cuz that's where he brings it from. So he brings Ayin Beis, Shaalos Tshuvas HaTzvi, Rabbi Velvel, this Maiseh Shailah K'Chai with Rabbi Chaim Brisker. And he asks one ha'arah. Again, it's beyond the scope of what we usually do, but we'll just end the hard week with his ha'arah. But it's really pashut and I think subconsciously everybody's thinking this. And that is, said Rabbi Itamar Garbuz, "I don't understand the whole Rabbi Chaim. I mamash don't understand it. It sounds so gishmak, the divrei picho chachamim, the ruach HaKodesh mi Shamayim. Yeah, but there's a seemingly a big hole in the cheshbon. You know why? Cuz it was mevu'ar in our Gemara that every single animal, right before it dies, it's always in a state of misukanus. Now, ordinarily, when is an animal deemed to have been considered dead? When rov v'siman mashcha, right? Rubo k'chulo, the extra meat basar is extra credit, then it's maybe kol ha'oisim geriyah. But as soon as you go ahead and you shecht the rov, that's usually when the animal's considered to have been dead. If the Gamorah said that every single animal before dies, it's a misukenes. It's possible that it's true for shrita as well. That's not it. The Gamorah said it only regarding an availa, but there's no reason in the world to assume that it would be different between an availa and a shrita. As a matter of fact, if you would think in shwar it's different between an availa and uh shrita. Meaning maybe by the mice of shrita you're not a misukenes before it dies. Well, then you would have a heicha timsa where you could have an availa that wasn't a misukenes, which in the heich of the Gamorah can't be. You know what the heicha timsa would be? I think what the heicha timsa would be if someone went ahead and did a shrita you did a durasa where the animal is going to be an availa because it's not a proper shrita. And you're telling me when it's done with a mice of shrita over there. So, if you tripped up on one of the halachas of Moshe Rabbeinu Sinai, then you have to go back and chaz it over. So, it's possible because the Gamorah said there is no heicha timsa where you have an availa that wasn't a misukenes prior. That means that just like the metzius of being a misukenes before it becomes an availa it's true. It's also a misukenes before it's a shrita, right? It's one and the same. So, here's the point. The point is usually the animal becomes dead when you do roiv of the shrita. The Gamorah says you're always a misukenes one second before it died. WHICH MEANS THAT RIGHT BEFORE YOU DID the roiv, the animal's a misukenes. IF RAV CHAIM'S CORRECT, EVERY SINGLE TIME YOU DO THE SHRITA, YOU SHOULD HAVE TO SEE THE ANIMAL BE MEFARKES WHEN YOU DO THE ROIV. BECAUSE IF IT WASN'T MEFARKES, WELL, THAT WOULD MEAN THAT IT DIED ALREADY when it was in a state of misukenes and you never had a proper shrita. SO, RAV CHAIM made this moiredigge cheshbon. Rav Chaim said that you shav me a basra. So, I don't have to worry about it. You know why? Because it was a misukenes. Meaning that it wasn't mefarkes, so it means it was dead already. One second. In a regular SHRITA, WHEN YOU SHACH the roiv of the siman, at that point it's already considered a meisa because roiv makes it into a shrita. Well, if that's the case, it means it was a misukenes before the roiv. If it's dead before the roiv, you don't have a kosher shrita. You need it to be alive that one extra second in order to tip the scale to make it into a roiv. The only way for it to be determined that it's alive is if it's so why isn't that lucky that every single time you check at the time that you check the right which you have to be honest what's the carrots so it could be tomorrow Schlichter the carrots is possible BECAUSE THE MEANS MEANS FIVE THAT IT BEFORE THE THE ANIMAL WAS THAT'S WHEN YOU RUN INTO PROBLEMS BUT IF THE ANIMAL BECOMES MUHAMMAD OF COURSE IT'S NOT AN ISSUE FOR THAT IS WHAT SCHLICHTER MEANS CHECK THE ANIMAL THAT'S NOT Kansas do right then it's going to be that I could be every single time you do it it's ONE SECOND BEFORE GOOD THAT'S ALL what the telling you when it says are you tell me usually doesn't work that's WHEN IT'S AWAY BUT OBVIOUSLY IT'S SO THAT WHEN THE BEING AND THE SET UP THE SYSTEM where could be it becomes a BEFORE THE TERRORIST AT THE SYSTEM OF WITH THE NATION'S I DON'T KNOW THE BOTTOM RIGHT THAT'S THIS IS THE WAY IT WORKS SO THIS IS THE WAY IT WORKS THIS IS THE WAY IT works well if that's the case then there's TO SAY THAT BECAUSE WHAT'S THE OF THE OF THE IS IS THAT REALLY TO THE WE SPOKE THE ALREADY A FEW TIMES it's just that when you the really what YOU'RE DOING IS YOU'RE DOING THIS YOU'RE DOING THE OTHERWISE YOU COULDN'T BE IT WOULDN'T WORK THE IS BECAUSE IT'S ALL THE so if it's all the who said there's a for me to have to worry and make sure there wasn't the by the JUST LIKE I DON'T CARE THAT IT WASN'T WHEN I WENT ahead and I checked the right I don't care for a second before the right it might have died so you can it's irrelevant as long as it was a that knocked out the right even if in one second earlier died that doesn't cuz IT ALL HAPPENED THE SO IF IT HAPPENED THE WHEN THE SAID THERE IS A WHOLE SO YOU CAN YOU'RE SUPPOSED TO SO YOU YOU CAME UP WITH A ONCE YOU RIGHT WITH THE AT THAT POINT IT'S I GOT THE STREET THOUGH. So for me personally every street you have that before you shut it the right and I feel LIKE IT DOESN'T BOTHER ME CUZ IT HAPPENED I GOT THE STREET THOUGH. SO FOR ME PERSONALLY IT DOESN'T bother me if it happened by the it shouldn't bother me either. It's said my God bless you held as a fundamentally between shutting right of the salmon versus the and as much as this is so positive that this is the But the pastor is like it's own thing so to speak and to the extent that we can done that the animals dead before the pastor being that it's kosher already and I really have a kosher I'm curious what happens anymore in the pastor as it relates to the right which is the minister of street that's my active so over there the fact that it might have been a minister of kindness before I got the right that's going to not be an issue because that is all included in what the terrorists telling you to do when you do a street that knowing THAT IT MIGHT DIE A SECOND before you shut the right but it does the street though but as it relates to the once I go ahead and I have a an animal that already had a street though it could be then you could sit down the and the right again this is just thought-provoking London little bit of a on what we spoke about earlier in the week and we are going to stop here a good night service