A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Bava Kamma 77A - 77B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
November 22, 2006
Duration
70:06

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The Daf B'Iyun edition, an audio series of the Talmud Bavli, focuses on Masechet Bava Kamma. This session is generously sponsored by our esteemed friend and patron, Siyahu Osher HaKohen, along with his wife, Rina. May they be blessed with continued success, prosperity in all their endeavors, health, happiness, and much joy from their children. We also dedicate today’s study for the elevation of the souls of Marat Zekenta Tia bat Sara and Avraham ben Ester, may their memories be a blessing. Furthermore, we pray for a complete recovery for Avram Moshe ben Dina.

Today’s discussion centers on Rabbi Shimon's rule regarding Tum'at Ochlin. According to Rabbi Shimon, only items that are permitted for benefit are subject to the laws of Tum'at Ochlin. This means that for food to be considered susceptible to Tum'ah, it must be edible at least at one moment in time. The source for this ruling is derived from the pasuk, “mikkol ha'ochel asher ye'achel.” The food must be categorized as ochel, meaning it must be fit for consumption.

For instance, let us consider the case of the Para Aduma. When the Para Aduma is slaughtered, its meat is indeed considered ochel and can become tamei, or susceptible to Tum'at Ochlin. If it is touched by a sheretz, for example, and the amount is significant enough, it can receive Tum'ah. However, it is important to note that the Para Aduma is generally prohibited for benefit. Thus, one might question how it can be subject to the laws of Tum'at Ochlin if it never had a moment of permissibility.

Rashi explains that the Para Aduma is considered to have had a moment of permissibility because, at the time of its slaughter, the meat was indeed edible. Rabbi Shimon clarifies that even if the Para Aduma is prohibited for benefit, it still holds the status of Tum'at Ochlin due to the moment it was viable for consumption. This is referred to as sha'at hakosher, the moment of viability, which allows the basar to be categorized as ochel.

The Gemara elaborates on this by discussing the implications of Rabbi Shimon's view. If a person slaughters the Para Aduma correctly, and later finds a superior one, they can perform a pidyon on the first one. Even if the pidyon is not executed, the time between the slaughter and the burning of the Para Aduma allows for a window where it is still considered subject to Tum'at Ochlin. Rabbi Shimon’s principle, “kol ha'omed lifdot kefaduy damei,” indicates that items that are in the process of being redeemed are treated as if they have already been redeemed.

This leads to further discussion about the nature of shechitah. Rabbi Shimon asserts that shechitah must render the animal permissible for consumption. The Gemara then presents two answers regarding the case where a thief slaughters a korban. The first answer suggests that the thief slaughtered the animal in the azarah, thus fulfilling the requirements of shechitah. The second answer posits that if the animal was a ba'al mum, it can be slaughtered outside the azarah, which still qualifies as a valid shechitah.

Rabbi Yochanan and Resh Lakish present differing opinions on the matter. Rabbi Yochanan argues that the laws regarding slaughter and sale are not interdependent, while Resh Lakish maintains that both must be applicable for one to incur liability. This distinction is crucial in understanding how halachic rulings are applied in practical scenarios.

As the discussion continues, the Gemara delves into the specifics of the laws surrounding theft and the status of animals that are either tamei or terufah. The nuances of these laws highlight the complexities of halachic reasoning, where the definitions and classifications of items significantly impact their legal status.

In conclusion, the exploration of these halachic principles reveals the depth of the Talmudic discussions and the importance of precise definitions in Jewish law. Each ruling carries significant implications for practice and understanding, reinforcing the necessity of careful study and interpretation in the realm of halacha.