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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Chulin 78

CHULIN 76-78 - sponsored by Dr. Lindsay A. Rosenwald of Lawrence NY, in honor of his father, David ben Aharon ha'Levy Rosenwald of blessed memory.

***** Perek Oso ve'es B'no *****


(a) Our Mishnah teaches us that the prohibition of 'Oso ve'es B'no' (Shechting a mother and its baby, applies 'bein ba'Aretz bein be'Chutz la'Aretz, bi'Fenei ha'Bayis ve'she'Lo bi'Fenei ha'Bayis, be'Chulin u've'Mukdashin'.
Why is the first statement obvious?

(b) Then why does the Tana see fit to mention it?

(c) Does it make any difference ...

  1. ... in which order one Shechts them in order to transgress?
  2. ... whether a different person Shechts the second animal or the same one?
(d) If someone Shechts Oso ve'es B'no Chulin ba'Chutz (outside the Azarah), the second person receives Malkos.
May the second animal be eaten?
(a) In a case where they Shecht Oso ve'es B'no Kodshim ba'Chutz, both animals are Pasul because of Shechutei Chutz, and the first Shochet is Chayav Kareis for performing such a Shechitah.
How about the second one?

(b) On what basis is the second animal not fit to go on the Mizbe'ach?

(c) Why does the Tana then rule that they both receive Malkos (even the first one)?

(d) If they both Shecht Chulin bi'Fenim, both animals are Pasul because of 'Chulin she'Nishchatu ba'Azarah', and the second one receives Malkos for transgressing 'Oso ve'es B'no'.
Why does the first Shochet not receive Malkos for Shechting Chulin in the Azarah?

(a) What will happen in a case where they Shechted ...
  1. ... the two animals Kodshim bi'Fenim?
  2. ...Chulin and Kodshim ba'Chutz (in that order)?
  3. ... Kodshim and Chulin ba'Chutz?
(b) And what will happen in a case where they Shechted ...
  1. ... Chulin ba'Chutz and 'bi'Fenim?
  2. ... Kodshim ba'Chutz and 'bi'Fenim?
  3. ... Chulin bi'Fenim and ba'Chutz?
  4. ... Kodshim bi'Fenim and ba'Chutz?
(a) What do we learn from ...
  1. ... the juxtaposition of the Pasuk in Emor (in connection with Kodshim before the eighth day) "Shor O Kesev O Eiz ki Yivaled" and that of "ve'Shor O Seh Oso ve'es B'no Lo Sishchatu be'Yom Echad?
  2. ... "(ve')Shor" in the second Pasuk?
  3. ... the "Vav" in "ve'Shor"?
(b) Based on what we just learned, what makes us think that 'Oso ve'es B'no' ought not to apply to Kila'yim (a baby born from a ewe whose father is a goat, or vice-versa)?

(c) What reason do we add to that from the fact that the Torah writes "Seh"?
What does Rava say about "Seh"?

(d) What do we therefore learn from "O"?

Answers to questions



(a) We query our use of "O" to include Kil'ayim with regard to 'Oso ve'es B'no'.
What else do we need to learn from "O"?

(b) What do we therefore learn from "B'no"?

(a) What does the Beraisa say we would have learned, had the Torah written "Shor va'Seh u'B'no"?

(b) So the Torah writes "ve'Shor O Seh, Oso ve'es B'no", to teach us that one is Chayav for Shechting just one of the mothers and her son.
Why does this still pose a Kashya on our current Limud?

(c) What do we answer? If we do not learn it from "O", from where do we learn it?

(a) What problem do we still have according to Chananya (whom we have already discussed earlier)? What does *he* learn from "Oso"?

(b) We answer that Chananya learns that from "O", since he holds like Rebbi Yonasan.
How does this answer the Kashya? What does Rebbi Yonasan hold on principle?

(c) Like whom do the Rabbanan (of Chananya) then hold?

(a) What does Rebbi Yashiyah learn from the fact that, after writing "Ish Asher Yekalel es Aviv ve'es Imo" (Kedoshim), the Torah adds "Aviv ve'Imo Killel"?

(b) What does Rebbi Yonasan say? On what grounds does he disagree with Rebbi Yashiyah?

(c) What does he then learn from "Aviv ve'Imo Killel"?

(a) Chananya in a Beraisa learns that 'Oso ve'es B'no' applies even to a father and his son (or daughter).
What do the Rabbanan say?

(b) From where do the Rabbanan learn their Din? What precedent do they have of another Mitzvah which applies specifically to a mother and her young?

(c) What 'Pircha' do we ask on the Rabbanan's 'Mah Matzinu'? What major difference exists between 'Shilu'ach ha'Kein' and 'Oso ve'es B'no'?

(d) How do the Rabbanan refute this Kashya from "Oso"?

(a) What do the Rabbanan finally learn from "B'no"?

(b) Having already learned their Din from the combination of "Oso" and 'Shilu'ach ha'Kein', why do they need the D'rashah of "B'no"?

(c) How does Chananya cope with "Oso" and "B'no"?

Answers to questions

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