diff --git "a/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Ritual Slaughter/English/merged.json" "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Ritual Slaughter/English/merged.json" new file mode 100644--- /dev/null +++ "b/json/Halakhah/Mishneh Torah/Sefer Kedushah/Mishneh Torah, Ritual Slaughter/English/merged.json" @@ -0,0 +1,330 @@ +{ + "title": "Mishneh Torah, Ritual Slaughter", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Mishneh_Torah,_Ritual_Slaughter", + "text": [ + [ + "It is a positive commandment1Sefer HaMitzvot (positive commandment 146) and Sefer HaChinuch (mitzvah 451) include this among the 613 mitzvot of the Torah. As mentioned at the beginning of the Mishneh Torah, the Ra'avad differs and does not consider this a mitzvah. for one who desires to partake of the meat of a domesticated animal, wild beast, or fowl to slaughter [it] and then partake of it,2The Rambam's wording echo his statements in Hilchot Berachot 11:2: \"There are other mitzvot that are not obligations, but resemble voluntary activities, for example, the mitzvah of mezuzah.... A person is not obligated to dwell in a house that requires a mezuzah in order to fulfill this mitzvah.\" Similarly, in the instance at hand, a person is not obligated to slaughter. If, however, he desires to eat meat, he must fulfill this mitzvah. as [Deuteronomy 12:21] states: \"And you shall slaughter from your cattle and from your sheep.\" And with regard to a firstborn animal with a blemish,3Note the Kessef Mishneh who elaborates, explaining that although Rashi does not interpret the verse in the same manner the Rambam does, there is support for the Rambam's interpretation. [ibid.:22] states: \"As one would partake of a deer and a gazelle.\" From this, we learn that a wild beast is [governed by] the same [laws] as a domesticated animal with regard to ritual slaughter.
And with regard to a fowl, [Leviticus 17:13] states: \"that will snare a beast or a fowl as prey... and shed its blood.\" This teaches that shedding the blood of a fowl is analogous to shedding the blood of a wild beast.4I.e., in both instances, ritual slaughter is required. The Kessef Mishneh notes that Chulin 27b derives this equivalence from another source and explains why the Rambam cites this verse instead.", + "The laws governing ritual slaughter are the same in all instances.5See the gloss of the Kessef Mishneh who explains that there are some differences between the laws governing the slaughter of each of these types of animals. Therefore one who slaughters a domesticated animal, beast, or fowl should first6For the blessings for all mitzvot must be recited before their observance (Pesachim 7b). recite the blessing: \"[Blessed...] who sanctified us with His commandments and commanded us concerning7We do not, however, say \"to slaughter,\" for, as above, the mitzvah to slaughter is not obligatory. It is dependent on the person's desire (Hilchot Berachot 11:15). ritual slaughter.\" If he did not recite a blessing, either consciously or inadvertently, the meat is permitted.8For after the fact, the recitation of the blessings is not essential (Kessef Mishneh).
It is forbidden to partake of a slaughtered animal throughout the time it is in its death throes.9Partaking of the meat at this time does not, however, represent a transgression of the prohibitions against eating a limb or flesh from a living animal (see Hilchot Ma'achalot Assurot, ch. 5). For once the animal has been slaughtered, these prohibitions no longer apply. When a person partakes of it before it dies, he transgresses a negative commandment. [This act] is included in the prohibition [Leviticus 19:26]: \"Do not eat upon the blood.\" He does not, however, receive lashes.10This prohibition is considered as a prohibition of a general nature (Hilchot Sanhedrin 18:2-3), i.e., prohibitions that include several diverse and unrelated acts, and lashes are not given for the violation of such prohibitions.
It is permitted to cut meat from it after it has been ritually slaughtered, but before it dies. That meat should be salted thoroughly, washed thoroughly,11The Rambam's words provoke a question: Of course, this meat must be salted thoroughly as must all meat so that its blood will be removed (Hilchot Ma'achalot Assurot 6:10). Why would one think that this meat is different?
It would appear that the explanation is that other meat may be eaten if it is roasted or its blood sealed by being cast into vinegar (ibid.:12) and these options do not apply with regard to the meat in question.
and left until the animal dies. Afterwards, it may be eaten.", + "Fish and locusts need not be slaughtered. Instead, gathering them causes them to be permitted to be eaten. [This is indicated by Numbers 11:22]: \"Can sheep and cattle be slaughtered for them that will suffice them? If all the fish of the sea would be gathered for them....\" This indicates that gathering fish is like slaughtering cattle and sheep. And with regard to locusts, [Isaiah 33:4] states: \"the gathering of the locusts,\" i.e., gathering alone [is sufficient]. Therefore if fish die naturally in the water, they are permitted.12One might think that man would have to gather them alive for them to be permitted. Hence the Rambam emphasizes that this is not so (Kessef Mishneh). The general principle is: Whenever the mitzvah of ritual slaughter does not apply, the prohibitions against eating flesh from a living animal and eating a dead animal do not apply. And it is permitted to eat them while they are alive.13The commentaries note that Shabbat 90b states that one who eats a live locust violates the prohibition: \"Do not make your souls detestable.\" [See also Rama (Yoreh De'ah 13:1) who issues a similar warning with regard to partaking of live fish.) How then can the Rambam say that it is permitted?
Among the resolutions of this question are:
a) The passage in Shabbat refers only to a non-kosher locust, not a kosher one.
b) The Rambam, here, is saying that one may cut off part of a living locust and eat it, but not that one may eat an entire locust alive.
c) Here the Rambam is speaking with regard to the laws regarding ritual slaughter. He is not focusing on those involving other prohibitions.
", + "The slaughter which the Torah mentions without elaboration must be explained so that we know: a) which place in the animal is [appropriate] for ritual slaughter?, b) what is the measure of the slaughtering process?, c) with what do we slaughter?, d) when do we slaughter?, e) in which place [on the animal's neck] do we slaughter? f) how do we slaughter, g) what factors disqualify the slaughter? h) who can slaughter?14In the following chapters, the Rambam proceeds to answer all of these questions.
We were commanded concerning all of these factors in the Torah with the verse [Deuteronomy 12:21]: \"And you shall slaughter from your cattle... as I commanded you.\" All of these factors were commanded to us orally as is true with regard to the remainder of the Oral Law which is called \"the mitzvah,\" as we explained in the beginning of this text.15I.e., in the Introduction that precedes Hilchot Yesodei HaTorah. There the Rambam explains that the Oral Law is called \"the mitzvah,\" because it gives us instruction concerning the observance of the mitzvot. Without it, we would not know how to fulfill them.", + "The place where an animal should be slaughtered is the neck. The entire neck is acceptable for slaughtering.
What is implied? With regard to the gullet,16As will be explained in Halachah 9, ritual slaughter involves cutting the gullet and the windpipe. In this halachah, the Rambam defines where the gullet may be cut. from the beginning of the place where when it is cut, it contracts until the place where hair grows17In contrast to the surface of the gullet which is smooth. and it begins appearing fissured like the stomach, this is the place of slaughter with regard to the gullet.", + "If one slaughters above this place - in the area called the entrance to the gullet18I.e., the end of the throat, where it is attached to the jaw.. - or below this place - i.e., the beginning of the digestive system, the slaughter is unacceptable.19The animal is considered a nevelah and it is forbidden to partake of it. See Chapter 3, Halachah 18 (Kessef Mishneh, note Siftei Cohen 20:5).
The measure of the entrance to the gullet above which is unfit for slaughter in an animal or a beast is so one can grab it with two fingers.20This is the Rambam's interpretation of Chulin 44a. Rashi interprets that passage as referring to a space the size of four fingers. The Shulchan Aruch (Yoreh De'ah 20:2) follows the Rambam's understanding, while the Rama cites that of Rashi. With regard to a fowl, it depends on its size. The lower limit extends until the crop.21The first of the fowl's stomachs. The crop is not considered part of the gullet and it is forbidden to slaughter there.", + "Where is the place of slaughter with regard to the windpipe? From the slant of its cap22The windpipe is made up of a series of rings. Above the top ring, there is a slanted covering that is called the cap. downward until the beginning of the flank of the lung when the animal extends its neck to pasture,23When the animal extends its neck, the flanks of its lungs rise upward. this is the place of slaughter with regard to the windpipe. The area opposite this place on the outside is called the neck.", + "When the animal strained itself and extended its neck exceedingly or the slaughterer applied exertion to the signs and extended them upward, but slaughtered in the neck at the place of slaughter, there is an unresolved doubt24See Chulin 45a which discusses these questions but leaves them unresolved. whether [the animal] is a nevelah. For the place where the gullet and windpipe were cut is not the place where [the animal] is [usually] slaughtered.25I.e., the place of slaughter on the neck should be aligned with the place of slaughter on the windpipe and the gullet in their natural position. In this instance, the external place of slaughter - the position on the neck - was correct, but the signs were not cut in the usual place.", + "The slaughterer must slaughter in the center of the neck. If he slaughters to the side, it is acceptable.26This applies only after the fact. At the outset, one must slaughter in the center of the neck.
What is the measure of slaughter? That one [cut] the two identifying marks, the windpipe and the gullet.27Since the acceptability of the slaughter is dependent on them, they are referred to as the simanim, \"signs,\" i.e., indications that the slaughter is acceptable. Superior slaughter involves cutting both of them, whether for an animal or a fowl and a slaughterer should have this intent. [After the fact,] if one cut the majority of one of them for a fowl and the majority of both of them for an animal or a beast, the slaughter is acceptable.", + "When one cut one sign entirely and half28But not the majority. of the other sign when slaughtering an animal, his slaughter is unacceptable. If he cut the majority of both signs, even though in each instance he cuts only a hair's breadth more than half, it is acceptable. Since he cut even the slightest amount more than half,29See the Turei Zahav 21:2 who emphasizes that the difference in size need not be significant. As long as more than half is cut, the slaughter is acceptable. he has cut the majority.", + "If he cut half30But no more than half. of one and half of the other - even in a fowl - the slaughter is unacceptable. When a windpipe is half slit31This is speaking about a situation where the animal is alive. The fact that an animal's windpipe is slit slightly does not cause it to be considered as a trefe. The Rama (Yoreh De'ah 21:5) adds that we must be careful that the gullet has not been punctured, for that would render the animal trefe. See the Turei Zahav 21:4 and the Siftei Cohen 21:5 who debate whether it is possible to rely on this leniency at present. See also Chapter 3, Halchot 6-7. and one cut a little more on the place of the slit, making the cut a majority, the slaughter is acceptable. [This applies] whether one begins [on a portion of the windpipe] that is intact and reaches the slit or one inserts the knife into the slit and [increases its size until it] reaches the majority.", + "Every slaughterer must check the signs after he slaughters.32To make sure that the minimal measure for slaughter was slit. If he did not check and the animal's head was cut off before he could check,33Obviously, once the head is cut off, it is no longer possible to check. [the animal] is [considered] a nevelah.34Because of the doubt involved. See the following halachah. [This applies even] if the slaughterer was adroit and expert.", + "During its lifetime, every animal is considered to be forbidden until it is definitely known that it was slaughtered in an acceptable manner.35This is the rationale for the stringency stated in the previous halachah (Kessef Mishneh).", + "With what can we slaughter? With any entity, with a metal knife, a flint, glass, the edge of a bulrush,36The Kessef Mishneh notes that many marsh plants splinter easily and they are unacceptable for they will perforate the gullet. or the like among the entities that cut. [This applies] provided its edge is sharp and does not have a barb. If, however, there was a spike at the edge of the entity with which one slaughters, even if the spike is very small,37Generally, it is accepted that a spike that can be detected by a fingernail disqualifies an animal. Nevertheless, the Rambam appears to be referring to an even smaller measure. His approach is followed by the Shulchan Aruch (Yoreh De'ah 18:2) which speaks of a spike that is even the size of a hairsbreadth being sufficient to disqualify a knife.
Alternatively, it can be understood that the two are synanomous. This understanding is reflected by Hilchot Beit HaBechirah 1:14 which speaks about \"a stone being blemished so that a fingernail would become caught in it like a knife used for ritual slaughter.\"
the slaughter is unacceptable.38For the spike will perforate the gullet, rendering the animal trefe before the slaughter was completed (Maggid Mishneh).", + "If the spike was on only one side of the knife, one should not slaughter with it [at the outset]. [After the fact,] if one slaughtered with it using the side on which the blemish was not detectable, the slaughter is acceptable.", + "What is implied? There was a knife that was checked by passing it [over one's finger] and no blemish was felt on it, but when one drew it back, one felt that it had a blemish. If one slaughtered with it by passing it forwards and did not draw it back, the slaughter is acceptable. If one drew it back, the slaughter is unacceptable.39The commentaries offer two explanations for this ruling. The Rambam's position is that when the spike is felt only on one side of the knife, one may slaughter with that side. Others add that the blemish must be positioned to the very far end of the knife, either near its point or near its handle. In such an instance, it is possible that the blemish never actually touched the signs and thus did not disqualify the ritual slaughter. See Shulchan Aruch [Yoreh De'ah and Rama (18:4)].", + "When a knife ascends and descends [in a curve] like a snake40Who raises his head and tail, creating a curve for its body (Kessef Mishneh). but does not have a blemish, one may slaughter with it as an initial and preferred option. When the edge of a knife is smooth, but is not sharp, one may slaughter with it, since it does not have a blemish.41Since it does not have a blemish, it will not disqualify the signs. Even though one passes it back and forth the entire day until the slaughter [is completed], the slaughter is acceptable.42Provided one does not interrupt the slaughter in the middle as stated in Chapter 3, Halachah 2.", + "When a sharp knife has been whetted, but its [blade] is not smooth, instead, touching it is like touching the tip of an ear of grain which becomes snarled on one's finger, [nevertheless,] since it does not have a blemish, one may slaughter with it.43The Rama (Yoreh De'ah18:6) writes that since it is difficult to understand what exactly is meant by such a knife, we do not permit this leniency.", + "When a person uproots a reed or a tooth or cuts off a flint or a nail, if they are sharp and do not have a blemish, one may slaughter with them.44As apparent from Halachah 14. If one stuck them into the ground, one should not slaughter with them while they are stuck into the ground. [After the fact,] if one slaughtered [in such a situation],45For example, by passing the animal's neck back and forth below the knife [Shulchan Aruch (Yoreh De'ah 6:4)]. one's slaughter is acceptable.46As indicated by the following halachah, an entity may not be used for ritual slaughter if it is connected to its source. When an entity is stuck into the ground, it is not connected to its source and hence, after the fact, the slaughter is acceptable. Nevertheless, because of the similarity to the forbidden situation, initially, one should not use such an entity for slaughter.", + "When one slaughtered with these entities when they were connected from the beginning of their existence, before they were uprooted, the slaughter is unacceptable47Chulin 16a states that it is a Scriptural decree that the cutting edge used for slaughter must be a separate entity, something that one could take in his hand. even if they do not have a blemish.", + "If one took the jawbone of an animal that had sharp teeth and slaughtered with it, it is unacceptable, for they are like a sickle.48I.e., a blade with a jagged edge which is unacceptable as stated above. When, however, only one tooth is fixed in a jaw, one may slaughter with it as an initial and preferred option, even though it is set in the jaw.49Since the jaw as a whole is moveable, we are not concerned with the fact that the tooth is in a fixed position (Kessef Mishneh).", + "When one made a knife white-hot in fire and slaughtered with it, the slaughter is acceptable.50We do not say that rather than cut the signs, the knife burnt them. The latter would disqualify the slaughter.
It must be noted that the Tur (see also the gloss of the Radbaz) quotes the Rambam as ruling that the slaughter is unacceptable for the above reason. This approach is also followed by many other Rishonim. In his Kessef Mishneh, Rav Yosef Caro states that the Rambam rules that the slaughter is acceptable. In his Shulchan Aruch (Yoreh De'ah 9:1), however, he quotes both views without stating which should be followed. All authorities agree that such a knife should not be used as an initial and preferred option.
If one side of a knife is [jagged-edge like] a sickle and the other side is desirable, [i.e., smooth,] one should not slaughter with the desirable side as an initial and preferred measure. [This is] a decree lest one slaughter with the other side. If one slaughtered [with it], since one slaughtered with the desirable side, the slaughter is acceptable.", + "A slaughterer must check the knife at its tip and at both of its sides [before slaughtering]. How must he check it? He must pass it over and draw it back over the flesh of his finger and pass it over and draw it back51Using the same motions as he would use to slaughter an animal. over his fingernail on three edges, i.e., its tip and both of its sides so that it will not have a blemish at all. [Only] afterwards, should he slaughter with it.", + "It must [also] be inspected in this manner after slaughter.52The Ra'avad differs with the Rambam, maintaining that after ritual slaughter, no inspection is necessary unless the person desires to use the knife to slaughter another animal immeidately. In his Kessef Mishneh, Rav Yosef Caro justifies the Rambam's ruling and he cites it in his Shulchan Aruch (Yoreh De'ah 18:3). For if a blemish is discovered on it afterwards, there is an unresolved doubt whether the animal is a nevelah.53This ruling also depends on the principle stated in Halachah 13, that during its lifetime, an animal is forbidden. Hence it is not permitted unless we are certain that it was slaughtered in a proper manner (Radbaz; Siftei Cohen 18:2). For perhaps [the knife] became blemished [when cutting] the skin and when he cut the signs, he cut them with a blemished knife.54And this would cause the slaughter to be unacceptable as mentioned above.
For this reason, when a person slaughters many animals or many fowl,55The Kessef Mishneh notes that since the skin of a fowl is soft, it is not very probable that this caused the blemish on the knife. Nevertheless, our Sages adopted this stringency. he must inspect [the knife] between each [slaughter]. For if he did not check, and then checked [after slaughtering] the last one and discovered [the knife] to be blemished, there is an unresolved doubt whether all of them - even the first - are nevelot56See Chapter 3, Halachah 18, for the ramifications of this ruling. or not.57I.e., it is possible that the knife could have become blemished when cutting the skin of the first animal. Hence, that animal - and all the subsequent ones - were slaughtered with an unacceptable knife.", + "When one inspected a knife, slaughtered with it, but did not inspect it after slaughtering, and then used it to break a bone, a piece of wood, or the like, and afterwards, inspected it and discovered it to be unacceptable, his slaughter is acceptable. [The rationale is that] the prevailing assumption is that the knife became blemished on the hard entity which it was used to break.58Since he checked the knife at the outset and it was acceptable, we rely on probability. As long as we have a way of explaining how the knife was blemished, we do not say it was blemished on the animal's skin, for the likelihood of that happening is very low. Similarly, if one was negligent and did not check his knife [after slaughtering] or the knife was lost before it could be checked, the slaughter is acceptable.59Here also, since the knife was inspected initially, there is no reason to suspect that the slaughter was unacceptable, we do not disqualify it [Shulchan Aruch (Yoreh De'ah 18:12)] .", + "Whenever a slaughterer60This is referring to a slaughterer who slaughters on behalf of people at large, not only for his own private purposes. does not have the knife with which he slaughters inspected by a wise man61The Radbaz notes that the Rambam's words appear to differ slightly from the simple meaning of Chullin 18a, his source. From Chullin, it appears that the necessity to show the knife to the wise man is a mere token of respect, while from the Rambam it appears that it is a necessary safeguard to check that the slaughter is kosher.
The difference between these approaches can lead to a variance in practice. If we say that this inspection is merely for the sake of respect, then the sages may forgo the respect due them and allow an expert to slaughter even though he does not present his knife. If, however, it is a necessary precaution to insure that the slaughter is performed correctly, an inspection is always necessary.
Both of these perspectives have continued to be given emphasis throughout the Rabbinic literature, although the halachah as prescribed by the Shulchan Aruch (Yoreh De'ah 18:17) is that a sage may forgo the honor due him. The present custom in many slaughtering houses today is for the slaughterers to work in pairs and for one to check the knife of the other. At times, a visiting Rabbinic authority comes and he inspects the knives of all of the slaughterers.
and uses it to slaughter for himself, we inspect it. If it is discovered to be desirable [and passes] the examination, we, nevertheless, place him under a ban of ostracism [lest] he rely on himself on another occasion and then the knife will be blemished, but he will still slaughter with it. If [upon examination] the knife is discovered to be blemished, he is removed from his position and placed under a ban of ostracism. We pronounce all the meat that he slaughtered to be unacceptable.62I.e., we assume that not only on this occasion, but on others, he slaughtered using an unacceptable knife, thus disqualifying the meat.", + "How long must the knife with which one slaughters be? Even the slightest length, provided it is not [overly] thin to the extent that it pierces and does not slit63As will be explained, ritual slaughter is accomplished by drawing the knife back and forth across the neck. If a knife is two small to enable this, it should not be used [Shulchan Aruch (Yoreh De'ah 8:1)]. like the head of a blade or the like.64See the Ramah (Yoreh De'ah 24:2) who quotes opinions that require a knife used to slaughter a animal to be twice the length of the animal's neck. The custom is also to use a knife of such measure for a fowl.", + "When can one slaughter? Any time, whether during the day or during the night, provided that [at night] he has a torch65Two candles are considered a torch [Rama (Yoreh De'ah 11:1)]. with him so that he sees what he is doing.66Otherwise, it is possible that the animal will be slaughtered incorrectly without him realizing. If a person slaughters in darkness, his slaughter is acceptable.67Nevertheless, it is forbidden to do so as an initial and preferred option [Shulchan Aruch (Yoreh De'ah 11:1)].", + "When a person inadvertently slaughters on Yom Kippur or the Sabbath,68I.e., he was not aware that the day was either the Sabbath or Yom Kippur; alternatively, he did not know that it was forbidden to slaughter on these holy days. his slaughter is acceptable,69The Turei Zahav 11:2 states that one must, nevertheless, wait until the conclusion of the Sabbath or Yom Kippur before partaking of the meat, as is the law when one cooks on the Sabbath. even though were he to have been acting willfully he would be liable for his life70For slaughtering on the Sabbath. or for lashes [for slaughtering] on Yom Kippur.71If he does so intentionally, he is considered as an apostate who desecrates the Sabbath and his slaughter is disqualified (the Rambam's Commentary to the Mishnah, Chullin 1:1; see Chapter 4, Halachah 14). The Siftei Cohen 11:3 states that in certain instances the leniency would also apply if he slaughters intentionally." + ], + [ + "It is permitted to slaughter an animal in any place except the Temple courtyard. For only animals consecrated for [sacrifice on the altar] may be sacrificed in the Temple courtyard. Ordinary animals, by contrast, whether domesticated animals, beasts, or fowl, are forbidden to be sacrificed in the Temple courtyard. Similarly, [Deuteronomy 12:21] states with regard to meat [which man] desires [to eat]:1This is the term the Sifri to the above verse and other Rabbinic texts use to describe ordinary meat in contrast to animals offered as sacrifices. \"When the place that God will choose will be distant from you... and you shall slaughter from your cattle and your sheep... and you shall eat in your gates.\" One may infer that meat [which man] desires [to eat] may be slaughtered only outside \"the place that God will choose.\"", + "[Meat from animals] slaughtered outside this [holy] place is permitted to be eaten everywhere. If, however, one slaughters an ordinary animal in the Temple courtyard, that meat is ritually pure,2Since the slaughter was acceptable, the animal is not considered as a nevelah. Hence it does not impart ritual impurity. but it is forbidden to benefit from it like meat mixed with milk and the like. It must be buried; [if it is burnt,] its ashes are forbidden [to be used].3See Hilchot Pesulei HaMekudashim 19:13-14.
[The above applies] even if one slaughters for healing purposes,4Without intending to partake of the meat. I.e., using the meat for this or the following purposes is forbidden. to feed a gentile, or to feed dogs. If, however, one cuts off an animal's head in the Temple courtyard, one rips the signs from their place, a gentile slaughters, [a Jew] slaughters, but the animal was discovered to be trefe, or one slaughters a non-kosher domesticated animal, beast, or fowl in the Temple courtyard, it is permitted to benefit from all of the above.5For the prohibition is only against slaughtering ordinary animals in the Temple courtyard, for this resembles the slaughter of the sacrifices (Kessef Mishneh). Since none of the above actions are considered as ritual slaughter, they do not cause the animal to become forbidden.", + "This does not apply only to domesticated animals or beasts. Instead, it is forbidden to bring all ordinary food into the Temple courtyard. [This includes] even meat from a slaughtered [animal], fruit, or bread.6The Rashba (as quoted by the Kessef Mishneh) questions the Rambam's ruling, stating that the prohibition applies only to fruit that resemble the first fruits and bread that resembles the loaves of the Thanksgiving offering. If one transgresses and brings in such food, it is permitted to partake of this food as it was beforehand.
All of the above concepts are part of the Oral Tradition. Whenever anyone slaughters in the Temple courtyard or eats an olive-sized portion of the meat of ordinary [animals that were] slaughtered in the Temple courtyard, he is liable for stripes for rebellious conduct.7Since the prohibition is not explicitly mentioned in the Torah, he is not liable for lashes - as appropriate for the violation of an explicit Scriptural prohibition (Kessef Mishneh). Nevertheless, since the source for the prohibition is a Scriptural verse, it has the weight of a Scriptural commandment. Others, however, interpret the Rambam as implying that the prohibition is entirely Rabbinic. The verse cited previously is merely an asmachta.
The above applies to the prohibition against slaughetring in the Temple Courtyard. With regard to partaking of the meat, all authorities agree that the prohibition is Rabbinic in origin. See Hilchot Ma'achalot Assurot 16:6.
", + "[The following rule applies when] a person says: \"This animal is [consecrated as] a peace offering, but [the fetus it is carrying] remains of ordinary status.\" If it is slaughtered in the Temple courtyard, it is permitted to partake of its offspring, because it is forbidden to slaughter [the mother] outside [the Temple courtyard].8As stated in Hilchot Ma'achalot Assurot 5:13-14, when a pregnant animal is slaughtered, the fetus it is carrying is considered as one of its limbs. Even if it lives, it does not have to be slaughtered again; the slaughter of its mother causes it to be permitted.
In this instance, the mother may not be slaughtered outside the Temple courtyard. Since there is no other way for the fetus to be permitted, the slaughter of the mother inside the Temple courtyard does not cause it to be forbidden.
", + "One should not slaughter into9I.e., pour the blood directly into. seas or rivers, lest [an onlooker] say: \"He is worshipping the water,\"10In his Commentary to the Mishnah (Chullin 2:9), the Rambam writes that we suspect that the person worships \"the element of water,\" water in its pure elemental state and not the water before us. and it would appear as if he is offering a sacrifice to the water. Nor should one slaughter into a utensil filled with water, lest one say: \"He is slaughtering into the form that appears in the water.\"11In this context also, the Rambam (ibid.) explains that we fear he is worshipping the power that controls the image seen in the water. Nor should he slaughter into utensils12Shulchan Aruch (Yoreh De'ah 11:3) writes that we fear that onlookers will say that he is collecting blood to offer it to false deities. or into a pit for this is the way of idolaters. If one slaughters in the above manner, his slaughter is acceptable.", + "One may slaughter into murky water in which an image may not be seen. Similarly, one may slaughter outside a pit and allow the blood to flow and descend into a pit. One should not do this in the marketplace so as not to mimic the gentiles. [Indeed,] if one slaughters into a pit in the marketplace, it is forbidden to eat from his slaughter until his [character] is examined, lest he be a heretic.13Shulchan Aruch (Yoreh De'ah 12:2) mentions this ruling, but also the ruling of the Rashba that, after the fact, the slaughter is permitted. The Rama rules that, in the present age, when pagan rites are uncommonly practiced, one may rely on the more lenient view.
It is permitted to slaughter on the wall of a ship, [although] the blood will flow down the wall and descend into the water.14As long as he is not slaughtering directly into the water, it does not appear that he is worshipping it. [Similarly,] it is permitted to slaughter above [the outer surface of] utensils.", + "How does one slaughter? One extends the neck and passes the knife back and forth until [the animal] is slaughtered. Whether the animal was lying down15And thus the knife was above its neck. or it was standing and one held the back of its neck, held the knife in his hand below, and slaughtered, the slaughter is acceptable.", + "If one implanted a knife in the wall and brought the neck [of an animal back and forth] over it until it was slaughtered, the slaughter is acceptable, provided the neck of the animal is below and the knife is above.16See Chapter 1, Halachah 19. For if the neck of the animal will be above the knife, it is possible that the animal will descend with the weight of its body [on the knife] and cut [its throat] without [it being brought back and forth].17The Turand the Shulchan Aruch (Yoreh De'ah 6:4) rule that slaughtering an animal in such a manner is unacceptable even if the slaughterer states that he is certain the animal's throat was not pierced in this manner. The rationale is that an animal's head is heavy and its weight will most likely cause its throat to be pierced. This is not ritual slaughter, as will be explained.18Chapter 3, Halachah 11. Even though the throat of the animal is cut, it is not considered ritual slaughter. Ritual slaughter involves bringing the knife back and forth across the neck or bringing the neck back and forth across the knife. Any other act that cuts its throat is not acceptable. Therefore, if we are speaking about a fowl, whether its neck is above the knife that is implanted or below it, the slaughter is acceptable.19Since a fowl is light, the slaughterer can hold it securely and maneuver it back and forth over the knife without difficulty. See Chullin 16b.", + "When a person slaughters and draws the knife forward, but does not draw it back, draws it back, but does not draw it forward, his slaughter is acceptable.20Provided the slaughter of the animal is accomplished in that one action. If the slaughterer lifts the knife, that disqualifies the slaughter.
If he drew the knife back and forth until he cut off the head entirely, his slaughter is acceptable. [The following rules apply if] he drew the knife forward, but did not draw it back, drew it back, but did not draw it forward, and cut off the head while drawing it forward alone or drawing it back alone. If the knife is twice as long21The Shulchan Aruch (Yoreh De'ah 24:2) requires that a knife be of this length even if one does not cut off the animal's head. as the width of the neck of the animal being slaughtered, his slaughter is acceptable. If not, his slaughter is not acceptable.22For it is not feasible that passing a knife the length of the animal's neck alone will be sufficient to slice off its head in one motion [Shulchan Aruch (loc. cit.)]. Hence, we must assume that the animal's head was severed by pressing the knife against the neck. This disqualifies the slaughter as stated in Chapter 3, Halachah 11.
If one slaughters the heads [of two animals] together, his slaughter is acceptable.", + "When two people hold unto a knife together - even when one is holding from one side and the other from the other side - and they slaughter together, the slaughter is acceptable. Similarly, if two people hold two knives and both slaughter simultaneously in two places in the neck, their slaughter is acceptable. This applies even if one slit the gullet alone or its majority and the other cut the windpipe or its majority in another place, this slaughter is acceptable even though the slaughter was not entirely in the same place.
Similarly, slaughter in the form of a reed23He cut in a slant, cutting the windpipe at an angle and continuing to descend at that angle and cutting the gullet. and slaughter in the form of a comb24The Kessef Mishneh interprets this as meaning that the person cut in several places on the signs. Others interpret it as meaning a cut that slants back and forth (Turei Zahav 21:3). are acceptable.", + "The slaughter of ordinary animals25In contrast to the slaughter of sacrificial animals (see Hilchot Pesulei HaMukdashim 1:3). does not require focused attention.26Here, we are not speaking about refined spiritual intentions; the Rambam is stating that even if the person slaughters the animal without paying attention to what he is doing or even if he had no intent to slaughter it, the slaughter is acceptable. Even if one slaughtered when [wielding a knife] aimlessly, in jest, or [even] if he threw a knife to implant it in the wall and it slaughtered an animal as it was passing, since it slaughtered properly in the appropriate place and with the appropriate measure, it is acceptable.", + "Accordingly,27Since the deed is significant and not the intent. when a deafmute, an emotional or an intellectual unstable individual, a minor, a drunk whose mind is befuddled,28While he is intoxicated, he may reach the point where he is no longer able to control his conduct. See Shulchan Aruch (Yoreh De'ah 1:8). a person who became overtaken by an evil spirit slaughters and others observe that he slaughters in the correct manner,29The others must watch. Otherwise, there is no way that we can insure that the slaughter is acceptable. Indeed, if such a person slaughters in private, the slaughter is disqualified [Rama (Yoreh De'ah 1:5)]. [the slaughter] is acceptable.30This applies only after the fact [Radbaz; see Shulchan Aruch (Yoreh De'ah 1:5)]. At the outset, only a person fully in control of his intellect and emotions should be entrusted with ritual slaughter.
If, by contrast, a knife falls31On its own accord or because of the wind. If, however, a person pushed the knife, since it was set in motion by human action, the slaughter is acceptable (Chullin 31a). and slaughters [an animal] on its way, it is not acceptable even if it slaughtered it in [the appropriate] manner. For [Deuteronomy, loc. cit.] states: \"You shall slaughter,\" implying that a man must slaughter. [His actions are acceptable,] even if he does not intend to slaughter.", + "[The following laws apply if there is] a stone or wooden wheel with a knife affixed to it. If a person turned the wheel and placed the neck of a fowl or an animal opposite it and slaughtered by turning the wheel, [the slaughter] is acceptable. If water is turning the wheel and he placed the neck of [the animal] opposite it while it was turning causing it to be slaughtered, it is unacceptable.32For the animal was slaughtered by the power of the water and not by human power. If a person caused the water to flow until they turned the wheel and caused it to slaughter by turning it, [the slaughter] is acceptable.33Shulchan Aruch (Yoreh De'ah 7:1) rules that the slaughter is acceptable only after the fact. At the outset, one should not slaughter in this manner. The Siftei Cohen 7:1 states that this is the Rambam's opinion with regard to the first clause of the halachah as well. For [the activity] came as a result of man's actions.
When does the above apply? With regard to the first turn, for that comes from man's power. The second and subsequent turns, however, do not come from man's power, but from the power of the flowing water.", + "When a person slaughters for the sake of mountains, hills, seas, rivers, or deserts, his slaughter is unacceptable even when he does not intend to worship these entities, but merely for curative purposes or the like according to the empty words related by the gentiles, the slaughter is unacceptable.34It is forbidden to partake of the animal, because this resembles bringing a sacrifice to a false deity. Nevertheless, since one is bringing the offering for a particular purpose and not in actual worship of the false deity, it is not forbidden to benefit from the animal (Kessef Mishneh). If, however, one slaughtered for the sake of the spiritual source35This is the translation of the Hebrew term mazal; i.e., the person is not worshipping the material entity but the spiritual source from which its existence emanates. of the sea, the mountain, the stars, the constellations, or the like, it is forbidden to benefit from the animal36For this is considered as worshipping a false deity. like all offerings brought to false deities.37See Hilchot Ma'achalot Assurot 11:1; Hilchot Avodat Kochavim 7:2.", + "When a person slaughters an animal [with the intent of] sprinkling its blood for the sake of false deities or burning its fats for the sake of false deities,38He is not slaughtering the animal itself for the sake of the false deity - in which instance, there would be no question that it is forbidden - but, nevertheless, at the time of slaughter, he does intend to offer its blood or fats to the false deity. it is forbidden. For we derive [the laws governing] one's intent outside [the Temple] with regard to [slaughtering] ordinary animals from those pertaining to the intent with regard to [slaughtering] consecrated animals within [the Temple]. For such an intent disqualifies them, as will be explained in Hilchot Pesulei HaMukdashim.39In Chapter 15, Halachah 10, of those halachot, the Rambam writes that one who slaughters a sacrificial animal with the proper intent for the sake of sprinkling its blood or burning its fats for an improper intent, the slaughter is unacceptable.", + "When a person slaughtered [an animal] and afterwards, thought to sprinkle its blood for the sake of false deities or to burn its fats for the sake of false deities, it is forbidden because of the doubt involved.40The Turei Zahav 4:2 writes that according to the Rambam, because of the doubt, it is forbidden to benefit from the animal. Others (see also Siftei Cohen 4:2) rule that it is forbidden to partake of the animal's meat, but one may benefit from it. Perhaps the ultimate result showed what his initial intent was and it was with this intent that he slaughtered.", + "When a person slaughters [an animal] for the sake of [a type of] sacrifice for which one could consecrate an animal through a vow or through a pledge,41As indicated in the following halachah, there are certain sacrifices that a person may offer on his own initiative. Since he has not actually consecrated the animal, the prohibition against sacrificing consecrated animals outside the Temple does not apply according to Scriptural Law. Nevertheless, because of the impression created, our Sages forbade the slaughter of an animal for that intent (Maggid Mishneh). The Tur (Yoreh De'ah 5), however, states that we fear that he might have consecrated it, implying that there is a question of a Scriptural prohibition involved.
The Shulchan Aruch (Yoreh De'ah 5:1) rules that this law applies even when the slaughtered animal has a blemish which would disqualify it as a sacrifice, for there are times when a person will conceal the blemish.
the slaughter is unacceptable.42From the fact that the Shulchan Aruch (Yoreh De'ah, sec. 7) quotes this and the following halachot, we see that these laws also apply in the present age although the Temple is destroyed. See the conclusion of the gloss of the Maggid Mishneh to Halachah 20 which mentions a difference of opinion concerning this matter. For this is comparable to slaughtering consecrated animals outside [the Temple courtyard]. If he slaughters [an animal] for the sake of [a type of] sacrifice for which one could not designate an animal through a vow or through a pledge,43As indicated in the following halachah, there are other sacrifices for which a person may consecrate an animal only when he is required to bring that offering. He may not pledge such a sacrifice on his own initiative. the slaughter is acceptable.44Since he cannot consecrate animals for such offerings, we do not worry about the impression that may be created. On the contrary, an onlooker will consider the person's statements facetious (Siftei Cohen 5:4)", + "What is implied? When one slaughters [an animal] for the sake of a burnt offering, for the sake of a peace offering, for the sake of a thanksgiving offering, or for the sake of a Paschal offering, the slaughter is unacceptable.45For these are sacrifices that a person can consecrate on his own initiative. Hence slaughtering an animal for this purpose is forbidden as stated in the previous halachah. Since a Paschal offering may be designated every year at any time one desires, it resembles a sacrifice that can be consecrated through a vow or through a pledge.46Seemingly, the Paschal offering does not resemble the others for it is an obligation incumbent on a person and can be brought only on the fourteenth of Nisan (Chullin 41b). Nevertheless, it is placed in this category for the reason explained by the Rambam.
If one slaughters [an animal] for the sake of a sin offering, for the sake of a certain guilt offering, for the sake of a doubtful guilt offering,47The instance of a doubtful guilt offering is debated in Chullin, loc. cit., without the Talmud reaching a definite conclusion concerning the matter. The Shulchan Aruch (Yoreh De'ah, loc. cit.) quotes the Rambam's view. The Tur and the Rama, however, follow the view that a person can consecrate a doubtful guilt offering on his own initiative and hence, forbid ritual slaughter for this intent. for the sake of a firstborn offering,48For a firstborn animal is consecrated by birth; a person cannot consecrate it through his statements. for the sake of a tithe offering,49For the tithe offerings are consecrated through the tithing rite; a person cannot consecrate it through his statements. or for the sake of a substitute [for any offering],50For unless a person has a consecrated animal at home, there is no reason that an onlooker might think that the substitution is of consequence (Chullin, loc. cit.). the slaughter is acceptable.51For these are sacrifices that a person cannot consecrate unless he is required to.", + "When a person is liable for a sin offering and he slaughters, saying: \"For the sake of my sin offering,\" his slaughter is unacceptable.52Rashi (Chullin, loc. cit.) explains that when a person is liable to bring a sin offering, he makes the matter known so that he will be embarrassed and thus further his atonement. Therefore the onlookers will know of his obligation and will not regard his statements as facetious. If he had a sacrificial animal in his home and he slaughters, saying: \"For the sake of a substitution for my sacrifice,\" his slaughter is unacceptable, for he substituted the animal [for the consecrated one].53From the Rambam's words, it would appear that this is not merely a Rabbinical safeguard, but that his statements bring about a substitution (temurah) of the animal and he is liable for slaughtering it outside the Temple courtyard.", + "When a woman slaughters54As stated in Chapter 4, Halachah 4, a woman may slaughter animals. And since she may slaughter ordinary animals, her slaughter of sacrificial animals would be acceptable. Note, however, the Rambam's Commentary to the Mishnah (Chullin 2:10) which speaks about a man slaughtering an animal on behalf of a woman. for the sake of the burnt offering brought by a woman who gave birth, saying: \"This is for the sake of my burnt offering,\" her slaughter is acceptable.55Since this offering cannot be brought on a person's own initiative, her statements are considered facetious. [The rationale is that the obligation to bring] the burnt offering of a woman who gave birth cannot be initiated through a vow or through a pledge and this woman has not given birth and thus is not obligated to bring a burnt offering. We do not suspect that she had a miscarriage.56A woman who miscarries is also obligated to bring such a burnt offering. For it will become public knowledge if a woman miscarries.57The word here matches the Rambam's statements in the revised text of his Commentary to the Mishnah (loc. cit.) as published by Rav Kappach. The Rambam's original text - and the version of his Commentary to the Mishnah commonly circulated - present an entirely different conception of this halachah.
When, by contrast, a person slaughters for the sake of a burnt offering brought by a Nazarite, his slaughter is unacceptable even if he is not a Nazarite. [The rationale is that] the fundamental dimension of being a Nazarite is a vow like other vows.58Hence we suspect that perhaps he took a Nazarite vow in private and the matter has not become known (Kessef Mishneh, Lechem Mishneh).", + "When two people hold a knife and slaughter, one has in mind an intent that would disqualify the slaughter and the other has nothing at all in mind - or even if he had in mind an intent that is permitted - the slaughter is unacceptable.59Since his activity in slaughtering the animal was significant, his intent is also of consequence. Similarly, if they slaughtered one after the other60I.e., without waiting; thus the slaughter is not disqualified. and one had an intent that disqualifies the slaughter, it is disqualified.
When does the above apply? When [the person with the undesirable intent] has a share in the animal. If, however, he does not have a share in the animal, it does not become forbidden. For a Jewish person does not cause something that does not belong to him to become forbidden. He is acting only to cause his colleague anguish.61He makes such statements to make it appear that the slaughter is unacceptable so that his colleague will suffer anguish. Nevertheless, his statements have no effect. The Rambam's view is quoted by the Shulchan Aruch (Yoreh De'ah 5:3). The Tur and the Rama states that there are opinions which forbid the slaughter regardless of whether the other person has a share in the animal or not because of the impression that is created.", + "When a Jew slaughters for a gentile, the slaughter is acceptable regardless of the thoughts the gentile has in mind.62I.e., even if the gentile considers it as a sacrifice to a false deity. For we are concerned only with the thoughts of the person slaughtering and not the thoughts of the owner of the animal.63See Hilchot Pesulei HaMukdashim 14:1. Therefore when a gentile - even a minor64Who is to young to be involved in the worship of false deities. - slaughters for the sake of a Jew, the animal he slaughters is a nevelah, as will be explained.65As stated in Chapter 4, Halachot 11-12, the gentile's slaughter is not considered halachicly significant and it is as if the animal died without being slaughtered." + ], + [ + "There are five factors that disqualify ritual slaughter and the fundamentals of the laws of shechitah are to guard against each of these factors: They are: shehiyah, dirasah, chaladah, hagramah, and ikur.1The Rambam describes each of these terms in the subsequent halachot in this chapter.", + "What is meant by shehiyah? A person began to slaughter and lifted up his hand before he completed the slaughter and waited. Whether he did so inadvertently, intentionally, or because of forces beyond his control, [the following rules apply] if he or another person completed the slaughter. If he waited the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it, his slaughter is not acceptable. If he waited less than this amount of time, his slaughter is acceptable.", + "With regard to a small domesticated animal:2I.e., a sheep or a goat., the measure of shehiyah is the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it. With regard to a large domestic animal,3I.e., a cow. the measure of shehiyah is the amount of time it would take to lift up the animal, cause it to lie down, and slaughter it.4I.e., each animal is considered according to its category. It will take more time to deal with a large animal than a smaller one and the time factor is adjusted accordingly. With regard to a fowl, the measure of shehiyah is the amount of time it would take to lift up a small animal, cause it to lie down, and slaughter it.5The Rambam's ruling favors the opinion of Shmuel over Rav. In his Kessef Mishneh, Rav Yosef Caro explains that generally, we follow the principle that the halachah follows Rav's approach with regard to the Torah prohibitions. Nevertheless, in this instance, since there are other Sages who support Shmuel's view, the Rambam favors his opinion. In his Shulchan Aruch (Yoreh De'ah 23:2), in addition to the Rambam's view, Rav Yosef Caro quotes Rashi's position which rules much more stringently with regard to shehiyah for a fowl. The Rama states that the common custom is to disqualify any ritual slaughter involving shehiyah of the slightest time for both animals and fowl.", + "When a person cut [the signs] for a while, waited for a while, cut for a while, waited for a while until he concluded the slaughter without waiting the measure that disqualifies an animal at any one time, but over the times he waited over the entire period would equal the measure of shehiyah, there is an unresolved doubt whether [the animal is considered] a nevelah.6Although the Ra'avad and Rav Moshe HaCohen dispute the Rambam's ruling, it is accepted by the Shulchan Aruch (Yoreh De'ah23:3). The Rama reiterates the stringency stated above.
Similarly, if he waited the amount of time it takes to lift up the animal, cause it to lie down, and cut only a portion of the signs, but not to slaughter it entirely, there is an unresolved doubt whether [the animal is considered] a nevelah.", + "If he slaughtered the majority of one of the signs for a fowl or the majority of both signs for an animal, the slaughter is permitted even if he waited half the day and then returned and finished cutting the signs.7In addition to the Rambam's view, the Shulchan Aruch (Yoreh De'ah 23:5) quotes the view of Rashi cited by the Tur that as long as the cutting of the signs is not completed, shehiyah can disqualify an animal. Hence, as an initial and preferred option, one should show respect for this view. The Rama rules even more stringently, stating that even after the fact, the slaughter is disqualified. For that reason, he continues, if the majority of the signs are cut, but the animal is lingering alive, rather than cut the signs further, one should hit it on its head to kill it. For since the minimum measure for slaughter was met, it is as if he is cutting slaughtered meat.", + "If one cuts half or less of the windpipe and waits an extended period, he may return and complete the slaughter; [his previous acts] are of no consequence.8For until half of the windpipe is cut, the animal is not considered as trefe. If, however, he cut the majority of [an animal's] windpipe or perforated the gullet even slightly and then waited the [disqualifying] measure, [the slaughter] is unacceptable.9He cannot return and correct the slaughter, for the animal is already considered as a nevelah. [This applies] whether he returned and completed cutting where he began or slaughtered the animal entirely in a different place. [The rationale is] that when the majority of the windpipe is slit or the gullet of either an animal or a fowl is perforated even slightly, the animal is comparable to a nevelah and ritual slaughter is not effective for it, as will be explained.10Halachah 19.", + "It is thus explained for you that the concept of shehiyah does not exist with regard to the windpipe of a fowl at all. For if he slit the majority of the windpipe and waited, he has already completed the slaughter of [the fowl]. When he goes back and completes it, it is as if he is cutting meat.11As stated in Halachah 5. If he slit less than half the windpipe and waited, he may return and [complete the] slaughter whenever he desires,12As stated in Halachah 6. for it is not disqualified as a nevelah unless the majority of the windpipe has been cut.", + "[The following rules apply when] one slaughtered a fowl and waited, but does not know whether the gullet was perforated or not.13If the gullet was perforated, the slaughter is unacceptable. If not, it is acceptable. He should return and cut the windpipe alone in another place,14Theoretically, he could also cut the windpipe in the same place and complete the slaughter in that manner. Nevertheless, our Sages advised against doing so, for in this way, it is much easier to perforate the gullet when cutting the windpipe and thus he might disqualify the slaughter unnecessarily (Kessef Mishneh). See the Turei Zahav 23:6 who offers another rationale. As mentioned above, the Rama rules that whenever one waits during the slaughter of a fowl or an animal, the slaughter is disqualified.
A parallel law - slaughtering the animal in a different place - does not apply with regard to an animal. For to slaughter the animal, he must slit the gullet and we fear that he will cut at a place where it had been perforated previously (Kessef Mishneh).
let [the fowl] be until it dies, and then check the gullet from the inside.15I.e., he should cut the gullet off at its top and/or bottom and turn it inside out. If he is able to find a drop of blood, he can assume that it is perforated and it is unacceptable. An external examination of the gullet is not sufficient for the surface of the gullet is red and a drop of blood will not be noticeable. Its inner surface, however, is skin-colored and the blood will be noticed (Kessef Mishneh). If a drop of blood was not found on it, it is apparent that it was not perforated and it is acceptable.", + "What is meant by chaladah?16Chullin 20b states that this term is derived from the word chuldah meaning \"weasel,\" i.e., an animal that hides in the foundation of homes. Similarly, chaladah involves \"hiding\" the knife when slaughtering; i.e., inserting it in a way that the blade is not open to the eye. Implied is that the proper way to slaughter is for the slaughterer to hold the animal or fowl with its neck upward and to draw the knife back and forth across the neck. For example, one inserted the knife between one sign and another.17Certainly, this applies when he inserted the knife below both signs and slaughtered the animal by moving the knife back and forth while pointed upward (Siftei Cohen 24:6). Whether one then slits the upper sign above or cuts the lower sign below in the manner of ritual slaughter, [the slaughter] is unacceptable.", + "If he inserted the knife beneath the [animal's] skin and slit both the signs in the ordinary fashion, hid the knife under tangled wool, or spread a cloth over the knife and the neck18In his Kessef Mishneh, Rav Yosef Caro quotes other authorities who explain that this is referring to a situation where the person tied the cloth around the animal's neck, attached it with wax, or the like. If, however, he merely loosely spread the cloth over the animal, the slaughter is acceptable. He concludes, however, that the Rambam's opinion should be respected. In his Shulchan Aruch (Yoreh De'ah 24:8), he rules according to the other views, but states: \"One should show concern for his (the Rambam's) opinion at the outset.\" and slaughtered under the cloth, since the knife is not openly revealed, there is an unresolved doubt whether [the animal is considered] a nevelah. Similarly, if slaughtered less than half the signs with chaladah and completed the slaughter without chaladah, there is an unresolved doubt whether [the animal is considered] a nevelah.", + "What is meant by dirasah?19The term doreis means \"prey\" or \"strike,\" i.e., killing with a blow, rather than drawing back and forth as is required for ritual slaughter. For example, one struck the neck with a knife as one strikes with a sword, cutting the signs at one time, without passing [the knife] back and forth or one placed the knife on the neck and pressed, cutting downward like one cuts radishes or squash until he cuts the signs, [the slaughter] is unacceptable.", + "What is meant by hagramah?20The Maggid Mishneh gives two interpretations of the term hagramah:
a) \"lift up,\" as in II Kings 9:13; i.e., he lifted the knife above its proper place; and
b) \"tip,\" as in Bava Batra 88b; i.e., he tipped the knife upward.
This refers to one who slaughters at a high point on the windpipe21The Rambam speaks only with regard to the windpipe, because he defines hagramah as slaughtering the animal in an improper place. If one would slit the gullet above the proper place, the animal would become disqualified as a trefe immediately (Kessef Mishneh). where it is not fit to slaughter. There are two [nodes, like kernels of] wheat at the top of the windpipe, at the large ring.22The Maggid Mishneh states that the windpipe is made up of many rings. Over the top ring, there is a flap (cap) of flesh which is slanted. (This is the area of the larynx. See also Chapter 1, Halachah 7, and notes.) At the top of this flap, there are two kernel-like buttons of flesh. As long as the slaughterer leaves some portion of these kernels intact, the slaughter is acceptable. [The following rules apply if] one slaughtered in the midst of these kernels. If he left even the slightest portion of them intact above [the place of slaughter], it is acceptable, for he slaughtered from the slanting cap [of the windpipe] or lower. This is within the place that is fit for ritual slaughter. If, however, he did not leave any portion of them intact, but instead cut above them, this is considered as [being slaughtered with] hagramah and it is unacceptable.", + "If one slit the majority of one sign [for a fowl] or the majority of both signs [for an animal] and then completed the slaughter through dirasah or hagramah, it is acceptable, for the minimum measure was slaughtered in the proper manner.23The Rambam derived this concept from a comparison to the laws of shehiyah mentioned in Halachah 5. The same concept applies if one slaughters more than half the signs appropriately and then completes the slaughter through chaladah. Indeed, it can be explained that the Rambam does not mention this law with regard to chaladah, because it is obvious. For in chaladah, the slaughter is essentially correct; it is only the manner in which one inserts the knife that is unacceptable (Kessef Mishneh).
As mentioned in the notes to Halachah 5, there are opinions who differ and disqualify the slaughter. Similarly, with regard to the laws at hand, there are opinions that are more stringent, except with regard to hagramah. In that instance, they accept the leniency mentioned by the Rambam. The Shulchan Aruch (Yoreh De'ah 24:12) quotes both of the views without stating which should be followed. The Rama goes further and states that it is customary to rule stringently even with regard to hagramah, and even with regard to fowl.

If at first, he slit a third [of the windpipe]24This addition is necessary, for as stated above, if the gullet is perforated, the slaughter is disqualified. through hagramah, and then cut two thirds in the appropriate manner, the slaughter is acceptable.25For the majority of the windpipe was cut in an acceptable manner and the preliminary cutting did not cause the animal to be considered as a trefe. If he cut a third in the appropriate manner, cut a third through hagramah, and then cut the last third in the appropriate manner, the slaughter is acceptable.26Here also, the majority of the windpipe is cut in an acceptable manner. The fact that the two thirds were not cut directly after each other is not significant. If at first, he slit a third through hagramah, cut a third in the appropriate manner, and then cut a third through hagramah, the slaughter is unacceptable.27For the majority of the windpipe has not been slit in an acceptable manner. If one cut [a portion of] an animal's throat with derisah or chaladah, it is unacceptable, whether it was the first or second third.28The rationale for the Rambam's words has been discussed at length by the commentaries, because with regard to chaladah, in Halachah 10, he writes that there is an unresolved question whether the slaughter is disqualified, while here he appears to say that it is definitely unacceptable. The Rivosh (Responsum 187), the Kessef Mishneh, the Maggid Mishneh, and the Siftei Cohen 24:18 all offer lengthy - and somewhat forced - explanations to attempt to resolve the apparent contradiction. The core of the explanation of the Kessef Mishneh is that since the majority of the windpipe was slit in the proper place, it is not disqualified because a portion was not.
Needless to say, if one cuts the last third in either of these fashions, according to the Rambam, the slaughter is not disqualified, for it has already been completed (through slitting more than half of the sign[s] in an acceptable manner). The Rama, however, would disqualify the slaughter as stated above.
", + "What is meant by ikur? That the gullet and/or the windpipe were displaced29The term ikur means \"uproot.\" The Kessef Mishneh states that, according to the Rambam, the fact that the signs have slipped from their place does not cause the animal to be deemed a trefe (see, however, Chapter 9, Halachah 21, and notes). Nevertheless, such a condition disqualifies the animal, for it is impossible for the ritual slaughter to be carried out in the proper manner. and slid [from their place] before the conclusion of the slaughter. If, however, one slit an entire sign or its majority in a fowl, and then the second sign slipped, the slaughter is acceptable.30For the slaughter was already completed in an acceptable manner. Compare to the following halachah.", + "If one of the signs was displaced and afterwards, one slit the other, the slaughter is unacceptable.31This applies even with regard to a fowl. Although it is only necessary for one of the signs of a fowl to be cut in the appropriate manner, the other one must be fit to be slit in an appropriate manner (Kessef Mishneh). If one slit one of the signs [of a fowl] and then discovered that the other one was displaced, but it is unknown whether it was displaced before slaughter32In which instance it would disqualify it. or after slaughter,33In which instance, it would be acceptable. there is an unresolved question whether [the fowl] is a nevelah.", + "If the sign that was cut for ritual slaughter is discovered to have been displaced, [the fowl or animal]34With regard to a fowl, the sign in question is the only sign slit. With regard to an animal, the other sign must have been slaughtered effectively. is acceptable, for certainly, it was displaced after the slaughter. For if it had been displaced before ritual slaughter, it would have hung loosely and it would not have been able to be slaughtered [effectively].35The Tur and the Shulchan Aruch (Yoreh De'ah 24:18) rule more stringently and maintain that it is necessary to slaughter another animal, displace its signs afterwards, and compare the two. Only if they are similar is the slaughter accepted. Moreover, the Shulchan Aruch continues stating that, at present, we are not expert at making this comparison and hence, forbid an animal whenever such a condition arises.", + "When does the above apply? When [the slaughterer] did not hold the signs in his hand when he slit them. If, however, he held the signs and slaughtered, it is possible that [the signs] could have been slit [effectively even] after they were displaced.36Because the slaughterer will hold the signs in the proper position by hand. Therefore, if a sign is discovered to be displaced and slaughtered,37And we do not know whether the slaughterer held it by hand or not. there is an unresolved question whether [the animal or the fowl] is a nevelah.", + "Whenever we have used the term \"unacceptable,\" the animal is a nevelah and if a person partakes of an olive-sized portion of it, he is liable for lashes for partaking of a nevelah. For only an acceptable slaughter as commanded by Moses our teacher of blessed memory prevents an animal from being considered a nevelah as we explained.38See Chapter 1, Halachot 1 and 4. Whenever there is an unresolved doubt whether slaughter [is acceptable], there is an unresolved doubt whether the animal is a nevelah.39Since an animal is forbidden during its lifetime, its meat is permitted only when we are certain that the slaughter was acceptable (Radbaz). A person who partakes of it is liable for stripes for rebellious conduct.", + "When the thigh of an animal and [the meat40The addition is made on the basis of the gloss of the Maggid Mishneh. of] its hollow were removed and thus it appears lacking when it crouches, it is a nevelah.41I.e., even though the animal still has a certain vestige of vitality, it is considered as if it has died already and it imparts ritual impurity as a nevelah does (Hilchot Shaar Avot HaTumah 2:1). [It is] as if half of it was cut away and it was divided into two bodies. Thus slaughter is not effective with regard to it.
Similarly, if [the animal's] backbone was broken together with the majority of the meat, its back was ripped open like a fish, the majority of the windpipe was been severed,42In this and the following instance, the Siftei Cohen 33:4 rules that the animal is a trefe and not a nevelah. or the gullet was perforated in a place fit for slaughter,43If, however, the gullet was perforated at a higher point in the neck (see Halachah 12), it is considered as a trefe and not a nevelah. it is considered as a nevelah while alive and slaughter will not be effective with regard to it. The same laws apply to both an animal and a fowl with regard to all these matters.", + "The gullet has two membranes: the external membrane is red and the inner membrane is white.44I.e., skin-colored. If only one of them is perforated, [the animal] is acceptable.45For the one that is not perforated is sufficient to protect the animal sufficiently for it to survive.
This leniency applies when the inner membrane is perforated due to sickness. If, however, it is perforated due to a thorn, we fear that the outer membrane may also be perforated, but that perforation cannot be detected [see Halachah 22; Rama (Yoreh De'ah 33:4)].
If they are both perforated even to the slightest degree in a place fit for slaughter, it is a nevelah.46As above, if the gullet was perforated at a higher point in the neck (see Halachah 12), it is considered as a trefe and not a nevelah (Kessef Mishneh). [This applies] whether it was slaughtered in the place of the perforation or in another place, slaughter will not be effective with regard to it. If they were both perforated, [even when] one [hole] does not correspond to the other, the animal is a nevelah47With regard to other organs which have two membranes, e.g., the brain and the lungs, the animal is not considered as trefe unless the holes correspond to each other. In this instance, however, the ruling is much more severe because the gullet is stretched and becomes extended. Thus even if the place of the holes do not correspond, they can match each other at times [Kessef Mishneh, Shulchan Aruch (Yoreh De'ah 33:4)]..", + "When the gullet is perforated and a scab forms which covers it, the scab is of no consequence and it is considered perforated as it was beforehand.48For as the gullet expands, it is possible that the scab will open (Rashi, Chullin 42a). If a thorn is detected standing in the gullet, there is an unresolved doubt whether the animal is a nevelah. We fear that perhaps a scab developed in the place of a perforation and it is not visible.49The Rama (Yoreh De'ah 33:9) rules more leniently, stating that unless a trace of blood is detected on the outer side, we do not disqualify an animal because a thorn was implanted in the gullet. If, however, a thorn is lying lengthwise50The Shulchan Aruch (Yoreh De'ah 33:9) rules that this applies even if the thorn is lying widthwise, as long as it is not implanted in the membrane. [Indeed, some versions of the Mishneh Torah substitute widthwise for lengthwise.] in the gullet, we are not concerned about it, for most desert animals eat thorns continuously.51And yet do not suffer any internal damage.", + "The gullet cannot be checked from the outside, only from the inside.52Because, as stated above (see Halachot 8, 19), since its outer membrane is red, a trace of blood will not be obvious. What is implied? One should turn it inside out and check it. If a drop of blood is found upon it, it can be concluded that it was perforated.", + "When the majority of the cavity of the windpipe53I.e., the slit goes from side to side in a manner in which the majority of the cavity is slit. The Rambam (based on Chullin 44a,b) is emphasizing that this measure disqualifies an animal even if when including the thickness of the flesh of the windpipe, the slit would not cover the majority of the windpipe. has been severed in the place fit for slaughtering,54See Chapter 1, Halachah 7, and notes. [the animal] is a nevelah. This also applies if it has a hole the size of an isar.55An Italian coin, frequently used in the Talmudic era. In his commentary to the Mishnah (Mikveot 9:5), the Rambam states that an isar is the weight of four barley corns.
The Shulchan Aruch (Yoreh De'ah 34:2) states that we are unfamiliar with the measure of an isar. Therefore, the laws applying to an animal should resemble those applying to a fowl and if the slit covers the majority of the cavity of the windpipe, it is disqualified. The Rama states that, for an animal, an isar is smaller than the majority of the cavity of the windpipe. Therefore he states that perhaps the intent of the Shulchan Aruch, is the majority of the cavity of a fowl. He cautions anyone who has a doubt to rule stringently and disqualify the animal.

[The following rules apply if the windpipe of an animal] was perforated with small holes.56When quoting this law, the Shulchan Aruch (Yoreh De'ah 33:3) speaks of perforating the windpipe \"like a sifter.\" If the perforations did not detract [from the flesh, they disqualify the animal if,] when they are added together, they constitute the majority [of the windpipe]. If they detract from the flesh, [they disqualify the animal if,] when they are added together, their sum is the size of an isar.57In his Kessef Mishneh and his Shulchan Aruch (Yoreh De'ah 34:3), Rav Yosef Caro writes that as long as the flesh between the holes is not larger than the holes themselves, it is included together with them in this measure. Similarly, if a strand [of flesh] is removed from [the windpipe], it [disqualifies the animal if its area] is the size of an isar.
With regard to a fowl, [a more stringent rule applies]:58For the entire windpipe of a fowl may not be the size of an isar (Rashi, Chullin 45a). Whenever the strip [of flesh that was removed] or the holes that detract from the flesh [are large enough so that they] could be folded so that when placed over the opening of the windpipe, it would cover the majority [of its cavity],59The addition is based on the gloss of the Kessef Mishneh. For each particular fowl, this measure is calculated individually (Maggid Mishneh). it is a nevelah. If not, it is acceptable.", + "If the windpipe was perforated on both sides with a hole large enough for the thickness of isar60Our translation is based on the gloss of the Kessef Mishneh who quotes the Tur (Yoreh De'ah 34) who explains that in contrast to the previous halachah which speaks of a hole the area of an isar, this halachah is speaking about a hole through which an isar can be slipped through on its side.
It must be emphasized that the Rambam's ruling depends on the interpretation of Chullin 54a advanced by Rabbenu Yitzchak Alfasi. Rashi advances a different interpretation of that passage on which basis, the Ra'avad objects to the Rambam's ruling. The Shulchan Aruch (Yoreh De'ah 34:5-6) quotes both opinions without stating which is favored.
to be inserted into it, it is a nevelah. If it is slit lengthwise, even if only the slightest portion of the place fit to slaughter [an animal] remains above and below, it is acceptable.61The Kessef Mishneh quotes Rashi who explains that if the windpipe is slit across we rule more stringently, for the stress of breathing will extend the windpipe and cause the slit to expand. This does not apply when it is split lengthwise.", + "When a windpipe has been perforated62In a manner that would disqualify the animal. and it is not known whether it was perforated before the slaughter or afterwards,63Were it to have been perforated afterwards, the perforation would not be significant. we perforate it again in another place and compare the two holes. If they resemble each other, it is permitted.64For it is apparent that the first hole was also made after the animal's death. The Rama (Yoreh De'ah 34:9) states that we are not proficient in inspecting the animal in this way and should disqualify it in all situations.
We compare only [a hole in] a large ring to [a hole in] a large ring or [a hole in] a small [ring] to [a hole in] a small [ring], but not [a hole in] a small [ring] to a [a hole in] a large [ring]. For the entire windpipe is made up of a series of rings. Between each [large] ring is a small, soft ring." + ], + [ + "When a Jew who does not know the five factors that disqualify ritual slaughter and the like concerning the laws of shechitah that we explained1The five factors mentioned in the previous chapter and how to prepare a knife [Kessef Mishneh; Rama (Yoreh De'ah 1:2)]. slaughters [an animal] in private,2If, however, a wise man supervises his actions, the slaughter is acceptable, as indicated by Halachah 5. The Maggid Mishneh quotes the Rashba as ruling that such a person may slaughter in the presence of a wise man even as an initial and preferred option. The Shulchan Aruch (Yoreh De'ah 1:3) accepts this ruling, but the Rama does not. it is forbidden for him and others to partake [of the animal that] he slaughtered. It is close to being considered a nevelah because of the doubt involved.3There is no factor that we see that would cause us to disqualify the slaughter. Nevertheless, since it is highly probable that he slaughtered the animal in a way that disqualified it and rendered it a nevelah, the animal is prohibited and placed in this category. When a person eats an olive-sized portion of its meat, he is worthy of stripes for rebellious conduct.", + "Even if [such a person] slaughtered [animals] properly in our presence four or five times and this slaughter which he performed in private appears to be a proper and complete slaughter, it is forbidden to partake of it. Since he does not know the factors that can disqualify ritual slaughter, it is possible that he will cause the slaughter to be disqualified unknowingly.4Moreover, even if afterwards, he is taught the laws of ritual slaughter and states that he observed them when he slaughtered the animal, the ruling is not revised. Since he did not know the laws at that time, we fear that he did not observe them (Kessef Mishneh). For example, he may wait, apply pressure to the animal's neck and slit it, slaughter with a blemished knife, or the like inadvertently.", + "[Even] when a Jew knows the laws of ritual slaughter, he should not slaughter in private as an initial and preferred option until he slaughters in the presence of a wise man many times until he is familiar and ardent.5This training process is still observed in the present age. Even though a person is familiar with the laws of ritual slaughter, he must first undergo apprenticeship under the guidance of a master and receive authorization to slaughter [Rama (Yoreh De'ah 1:1). If, however, at the outset, he slaughtered in private, his slaughter is acceptable.6I.e., after the fact, since he knows the laws, we do not disqualify the slaughter.", + "When one knows the laws of ritual slaughter and slaughters in the presence of a wise man until he becomes familiar with ritual slaughter, he is called an expert. Any expert may slaughter in private as an initial and preferred option. Even women7The Rama (Yoreh De'ah 1:1) states that woman should not be allowed to slaughter as an initial and preferred option. and servants8This refers to Canaanite servants whose Halachic status is the same as women. The Tur (Yoreh De'ah 1) rules that in general servants may not serve as ritual slaughterers. See Siftei Cohen 1:2. may slaughter as an initial and preferred option.", + "When a deaf-mute,9See Halachah 9 which grants a person with only one of these handicaps to slaughter. an intellectually or emotionally imbalanced person, a child,10The Shulchan Aruch (Yoreh De'ah 1:5) states that this refers to a child who does not know how to maneuver his hands for ritual slaughter. If he knows how to maneuver his hands he may be given an animal to slaughter at the outset. The Rama emphasizes that even so, the child may only slaughter in the presence of others. He may not slaughter alone. Furthermore, the Rama states that it is not customary for a person to receive authorization to slaughter until he is eighteen. The Siftei Cohen 1:25, however, rules more stringently. or a drunkard whose mind became befuddled11The Shulchan Aruch (Yoreh De'ah 1:8) states that one who becomes as drunk as Lot (see Genesis, ch. 19) may not slaughter. One who has not reached this stage of inebriation may slaughter at the outset. The Rama rules more stringently, stating that a person should never slaughter when drunk, for it is likely that he will disqualify the slaughter. slaughters, their slaughter is unacceptable. Since they do not have [adequate] mental control, we fear that they blundered. Therefore if they slaughtered in the presence of a knowledgeable person and he saw that they slaughtered properly, their slaughter is acceptable.", + "When a person whose reputation12With regard to his proficiency in the laws of ritual slaughter. has not been established among us slaughters in private, we question him. If it is discovered that he knows the fundamental principles of ritual slaughter,13Those mentioned in the previous chapter and how to check a knife; there is no need for him to be knowledgeable with regard to all the particulars of the laws of ritual slaughter. his slaughter is acceptable.14The Kessef Mishneh explains that when there is no alternative (see the following halachah), we rely on the principle that most of those who slaughter are knowledgeable regarding its laws. Nevertheless, in this instance, since we have the opportunity to clarify the matter, we do so.", + "When we saw from a distance that a Jew slaughtered [an animal] and departed and we do not know whether or not he knows the laws of ritual slaughter or not, [the animal] is permitted. Similarly, if a person tells his agent: \"Go out and slaughter an animal on my behalf,\" and he finds a slaughtered animal, but does not know whether his agent or another person slaughtered it, [the animal] is permitted.15With regard to questions of business law, we rely on the presumption that an agent will perform the mission with which he was charged. We do not, however, accept this principle with regard to questions involving the Torah's prohibitions (Hilchot Terumot 4:6). Nevertheless, even if we know for certain that the agent did not slaughter the animal, we consider it as permitted because of the reason stated by the Rambam. [The rationale for both these laws is] that the majority of people who slaughter are expert.16And when there is no alternative we can rely on this presumption.
From the statements of the Rama (Yoreh De'ah 1:1), it appears that there is a slight difference between the present age and the Talmudic period. In the Talmudic era, most people were proficient in both the laws and practice of ritual slaughter. In the present age, this applies only to those who are occupied professionally in this field. Nevertheless, the laws remain the same, for we assume that only a person who is knowledgeable will actually slaughter animals.
", + "[The following rules apply when a person] loses a kid or a chicken. If he finds it slaughtered at home, it is permitted. [The rationale is that] the majority of people who slaughter are expert. If he finds it in the market place, it is forbidden; perhaps [it was slaughtered improperly and] became a nevelah and was therefore cast into the market place.17We are not speaking about a waste dump in the market place. In such an instance, all opinions would agree that the animal is forbidden. Instead, we are speaking about a situation where it was found in the marketplace at large. Chullin 12b records a dispute between two Sages concerning this matter and the Rambam chooses the more stringent ruling. Similarly, if he finds it on the waste dump at home, it is forbidden.18For the circumstances indicate that it was discarded.
As mentioned, there is a difference of opinion in the Talmud regarding this issue. Most Rishonim follow the more lenient view and rule that if the slaughtered animal is found in an ordinary place in the marketplace or in a waste dump at home, it is permitted. The Shulchan Aruch (Yoreh De'ah 1:4) also follows this view.
", + "When an expert [slaughterer] loses his power of speech, but he is [still] capable of understanding, he can hear and he is of sound mind, he may slaughter as an initial and preferred option.19Another person should recite the blessing for him [Shulchan Aruch (Yoreh De'ah 1:7)]. Similarly, a person who does not hear,20As long as he has the ability to speak, he is not considered to be intellectually underdeveloped.
Rabbenu Asher explains that such a person should not slaughter as an initial and preferred option, because there is a difficulty with his recitation of the blessing. For a person must recite a blessing in a manner that enables him to hear it and that is impossible for such an individual. Indeed, the Jerusalem Talmud (Terumot 1:6) rules that a person who is dumb should not separate terumah at the outset for that reason [Maggid Mishneh; Shulchan Aruch (Yoreh De'ah 1:6)].
may slaughter.", + "A blind man should not slaughter as an initial and preferred option unless others supervise him.21For we fear that he will err and not detect his error. The Siftei Cohen 1:35 quotes opinions that rule that a blind person should not slaughter even when others are watching him. If he slaughters, his slaughter is acceptable.22In this instance as well, the Siftei Cohen 1:36 mentions views that maintain that a person who was never able to see should not slaughter. Even after the fact, one should not partake of his slaughter.", + "When a gentile slaughters, even though he slaughters in the presence of a Jew, [using] a finely [honed] knife,23And is well-versed in the laws of ritual slaughter [the Rambam's Commentary to the Mishnah (Chullin 1:1)]. and even if he was a minor,24One might think that the slaughter of a minor has an advantage, because a minor's worship of idols is not significant. his slaughter is a nevelah. According to Scriptural Law, one is liable for lashes for partaking of it,25Thus a gentile's slaughter is not recognized by Scriptural Law. See, however, the following halachah.
In his Commentary to the Mishnah (ibid.), the Rambam explains that the reason the animal is forbidden is that, in general, when a gentile slaughters, his intent is that the animal is an offering to his false deity, it is, however, permissible to benefit from the animal. We do not consider it as a sacrifice to idols (Chullin 13b; see Chapter 2, Halachah 2), because we assume the gentile is not really sincere in his worship, he is merely mimicking his ancestors.
Rabbeinu Asher differs and explains that the Scriptural command for ritual slaughter states: \"And you shall slaughter,\" implying that the slaughtering must be a Jew. Hence, a gentile is inherently disqualified; his thoughts are of no consequence. See the Siftei Cohen 2:2 and the Turei Zahav 2:1 who discuss this issue.
as [implied by Exodus 34:15]: \"[Lest] he shall call you and you shall partake of his slaughter.\" Since the Torah warns lest one partake of his slaughter, you can infer that his slaughter is forbidden. He cannot be compared to a Jew who does not know the laws of ritual slaughter.", + "[Our Sages] established a great safeguard concerning this matter, [decreeing] that even [an animal] slaughtered by a gentile who does not serve false deities26E.g., a resident alien who accepts the Seven Universal Laws Commanded to Noah and his descendants (see Hilchot Issurei Bi'ah 14:7). is a nevelah.27According to the Rambam, if he does not serve false deities and knows the laws of ritual slaughter, his slaughter is acceptable according to Scriptural Law.
One might ask: If so, why is an animal slaughtered by a child a nevelah? A child is not liable for the service of false deities. The Lechem Mishneh answers that ultimately, the child will grow up and worship false deities.
", + "If a gentile began to slaughter and slit the minority of the signs and a Jew completed the slaughter or a Jew began the slaughter and a gentile completed it,28See the Siftei Cohen 2:27 maintains that if the Jew slit the majority of the gullet and windpipe, the slaughter is acceptable even if the gentile completed it. it is invalid.29Thus if a gentile slit the majority of the windpipe or any portion of the gullet, the slaughter is disqualified [Shulchan Aruch (Yoreh De'ah 2:10)]. [The rationale is that] slaughter [is considered an integral act, a single continuity] from the beginning to the end.30See Hilchot Pesulei HaMukdashim 1:18 for another application of this principle. If, however, a gentile slit [a portion of] an organ that does not cause the animal to be considered a nevelah, e.g., he slit half the windpipe and a Jew completed the slaughter, it is acceptable.31For, as stated in Chapter 1, Halachah 11, even if the windpipe is half slit because of other factors, it can be slaughtered acceptably.", + "A Jew who is an apostate because of his transgression of a particular transgression32As the Rambam states in Hilchot Teshuvah 3:9, there is a concept of an apostate with regard to one transgression, i.e., \"a person who has made a fixed practice of willfully violating a certain transgression [to the extent that] he is accustomed to transgressing and his deeds are public knowledge... provided he does so with the intent of angering God.\" who is an expert slaughterer may slaughter as an initial and preferred option.33Although he repeatedly violates that particular transgression, we do not assume that he will not slaughter correctly.
In his Kessef Mishneh, Rav Yosef Caro cites Chullin 4a which states that as long as if given a choice whether to eat kosher meat or non-kosher meat, the person would choose the kosher meat - even if he would partake of the non-kosher meat if kosher meat was not available - it is permitted to partake of an animal he slaughtered. The Kessef Mishneh continues, explaining that as long as one does not transgress with the intent of angering God, one may partake of an animal he slaughtered. In his Shulchan Aruch (Yoreh De'ah 2:5), he rules that an apostate who transgresses with the intent of angering God resembles a gentile and his slaughter is inherently unacceptable.
Kin'at Eliyahu notes that there is some difficulty with the Kessef Mishneh's interpretation, because Hilchot Teshuvah specifically states that a person is deemed an apostate only when his transgression is performed with the intent of angering God.
A Jew of acceptable repute must check the knife and afterwards give it to this apostate to slaughter with, for it can be presumed that he will not trouble himself to check [the knife].34Although we do not assume that he will definitely transgress, it is logical to presume that he will not be careful in his observance.
Although it also cites the Rambam's view, the Shulchan Aruch (Yoreh De'ah 2:6) mentions the opinion of the Tur and others who rule that if the person is not an apostate with regard to partaking of non-kosher meat, it is not even necessary to check his knife. He may slaughter in private. If, however, he is an apostate with regard to partaking of non-kosher meat, his knife must be checked. Moreover, if he shows no concern for kashrut at all, his slaughter is not acceptable [Rama (Yoreh De'ah 2:5].

If, by contrast, he was an apostate because of worship of false deities, one who violates the Sabbath in public,35See the conclusion of Hilchot Shabbat. or a heretic who denies the Torah and [the prophecy of] Moses our teacher, as we explained in Hilchot Teshuvah,36Hilchot Teshuvah 3:8. he is considered as a gentile and [an animal] he slaughters is a nevelah.", + "[Even though] a person is disqualified as a witness because of his violation of a Scriptural prohibition,37See Hilchot Edut 10:1-3. he may [still] slaughter in private if he was an expert.38In this instance, the Rambam does not even require him to have another person observe him. Since his disregard for Jewish observance is not as severe as that of an apostate, he is allowed to slaughter on his own. For he would not leave something which is permitted and partake of something that is forbidden.39I.e., he would not slaughter the animal in an invalid way when it would be just as easy for him to slaughter it in an acceptable way. This is a presumption that applies with regard to all Jews, even those who are wicked.", + "These Tzadukkim, Beotosim, 40Tzadok and Beotus were two of the greatest students of Antigonus of Socho. As the Rambam states in his Commentary to the Mishnah (Avot 1:3), after they heard Antigonus teach: \"Do not be as servants who serve their master for the sake of receiving a reward,\" they forsook Jewish practice, saying: \"Is it just that we labor without receiving a reward?\"
They began splinter sects with the intent of swaying the people after them. At first, they sought to abandon Jewish practice entirely. They saw, however, the people would not accept this and so they focused their complaints on the Oral Law, arguing that although the Written Law was of Divine origin, the Oral Law was not. Their intent, however, was to deny the entire Torah.
their disciples and all that err, following their path, who do not believe in the Oral Law - their slaughter is forbidden. If, however, they slaughtered [an animal] in our presence, it is permitted. For their slaughter is forbidden only because it is possible they blunder. Since they do not believe in the laws of ritual slaughter, we do not accept their word when they say, \"We did not blunder.\"41The Rambam appears to be saying that there is no inherent difficulty with these individuals slaughtering an animal. The only question is whether or not they slaughtered correctly. Hence, when it is possible to verify that the slaughter was performed correctly, the animal is permitted. They are not placed in the same category as apostates. Kin'at Eliyahu adds that, based on the previous halachah, these Tzadukim must also be Sabbath observant.", + "When the Jews were journeying through the desert, they were not commanded to slaughter non-sacrificial animals.42There is a difference of opinion concerning this point among the Sages (Chullin 17a). The Rambam follows Rabbi Akiva's perspective. Instead, they would cut off their heads or slaughter them and eat as the other nations do. In the desert, they were commanded that everyone who desires to slaughter an animal [in the prescribed way] should slaughter only for the sake of a peace offering, as [Leviticus 17:3-5] states: \"When a man from the house of Israel will slaughter an ox... and he will not bring it to the Tent of Meeting... [it will be considered as (spilled) blood]... so that the Children of Israel will bring their sacrifices... and slaughter these sacrifices as peace-offerings.\" If, however, a person desired to cut an animal's head off and partake [of the animal], in the desert, this was allowed.", + "This mitzvah43The obligation to offer as a sacrifice an animal which one desires to ritually slaughter. is not observed forever, nor in the desert alone, at the time it was permitted to kill animals [and partake of them]. There they were commanded that when they would enter Eretz Yisrael, killing animals [for food] would be forbidden and ordinary animals could only be eaten after ritual slaughter. They would be allowed to slaughter in every place except the Temple Courtyard,44See Chapter 2, Halachah 1. as [Deuteronomy 12:20-21] states: \"When God your Lord will expand your boundaries... and you shall slaughter from your cattle and your sheep which God your Lord gave you.\" This is the mitzvah to be observed for generations - to slaughter and then to eat." + ], + [ + "We have already explained in Hilchot Ma'achalot Assurot1Hilchot Ma'achalot Assurot 4:8-9. that the term trefe employed by the Torah refers to an animal that is on the verge of death. The term trefe - which literally means \"torn apart\" - was employed only because the Torah speaks with regard to prevalent situations, e.g., a lion or the like attacked it and wounded it, but it had not died yet.", + "There are other maladies which if they affect an animal will cause it to be considered trefe. They were transmitted as a halachah to Moses at Sinai. [In particular,] eight [conditions that cause an animal to be considered as] trefe were transmitted to Moses at Sinai.2All the 70 conditions the Rambam mentions in Chapter 10 are included in these eight general categories. They are derusah, nekuvah, chaseirah, netulah, pesukah, keru'ah, nefulah, and sheburah.3These terms are defined in this and the following chapters.", + "Although they were all transmitted as halachot to Moses at Sinai,4And thus all are judged with the severity appropriate for questions of Scriptural Law. since only derusah is explicitly mentioned in the Torah,5Exodus 22:30 speaks of \"meat torn apart in the field.\" [our Sages] ruled more stringently with regard to it. Any questionable situation that arises with regard to derisah [causes the animal] to be forbidden. There are, by contrast, questionable situations that may arise with regard to the seven other conditions [that render an animal] trefe in which [the animal] is permitted as will be explained.6The Beit Yosef (Yoreh De'ah 29) questions the Rambam's statements, for since these other conditions are considered questions of Scriptural Law, whenever a doubt arises, we rule stringently. The Turei Zahav 29:1 explains that the severity involving derisah concerns a sefek seifkah, a condition of multiple doubt. See also the gloss of the Maggid Mishneh which offers several resolutions to this question.", + "Derusah refers to a situation where a lion or the like will attack an animal and assault it with its paw or a hawk, an eagle, or the like will assault a fowl.7As will be explained in the following halachot, the laws of derisah do not concern only the wounds to the victim's organs that the attacking animal causes. Instead, the concern is that even a superficial wound can cause the victim to die, because there is poison in the attacker's claws that will affect the victim. (Exactly, what that means in contemporary terms is difficult to understand. Some have suggested that the attacker's claws are infected with bacteria which could be considered comparable to poison. That explanation, however, cannot be easily resolved with some of the points in the subsequent halachot.)
The intent of this and the following halachah is that \"the poison\" of certain animals or fowl is effective in harming some and not in harming others.
[The laws of] derisah apply with regard to a large domesticated animal8An ox. or a large wild beast only when it is attacked by a lion.9If, however, it is attacked by smaller animals of prey, even a tiger, we assume that its strength will enable it to defend itself (Kessef Mishneh). The Rama (Yoreh De'ah 57:1) follows a more stringent opinion which rules that the laws of derisah apply when any predator larger than a wolf attacks a large animal. [The laws of derisah apply with regard to] a small domesticated animal10A sheep or a goat. or a small wild beast only when it is attacked by a wolf or a larger animal. [The laws of] derisah apply with regard to kids and lambs even when attacked by cats, foxes, martens,11We have quoted the definition of this term given by Rashi. In his Commentary to the Mishnah (Bava Batra 2:5), the Rambam defines the term in Arabic as alnamas, a small predator. and the like. Needless to say, this applies with regard to fowl.12See Shulchan Aruch (Yoreh De'ah 57:5) which discusses the question whether leniency can be granted when a cat enters a chicken coop.", + "When a hawk attacks, the laws of derisah apply even with regard to a larger fowl.13For it can harm fowl larger than itself.
The Shulchan Aruch (Yoreh De'ah 57:3) qualifies this matter, saying that these laws do not apply when a hawk attacks a chicken. The Tur and the Rama, however, state that this applies only to large chickens, but not to smaller ones.
With regard to other birds of prey the laws of derisah apply only with regard to fowl their size and not with regard to fowl which are larger than they are.14Here also, the Tur and the Rama (loc. cit.) add a further point, stating that the laws of derisah apply with regard to a falcon regardless of the size of the bird it attacks.", + "[The laws of] derisah apply [when] a weasel attacks a fowl. [The laws of] derisah do not apply at all when a dog attacks, not when it attacks a fowl, an animal, or a beast. [The laws of] derisah apply [when] a hawk attacks kids or lambs should its claws penetrate to [the animal's] inner cavity.15Compare to the following halachah. The Kessef Mishneh explains that in this halachah, the Rambam is not concerned with the question of whether the attacker perforated one of the organs whose perforation disqualifies an animal. For if so, it would not have been necessary for the Rambam to mention derisah. If such an organ was perforated, even a large animal is disqualified. Instead, the intent is whether the \"poison\" of the attacker is sufficient to kill the victim.", + "[The laws of] derisah apply only [when] the attacking animal [strikes its victim] with its forelegs. If it strikes it with its hindlegs,16This refers to a beast. The laws of derisah apply, by contrast, when a fowl attacks with its feet (Turei Zahav 57:10; Siftei Cohen 57:19). we show no concern.17Needless to say, if it delivers a mortal wound with its hindlegs, the victim is disqualified. Here, however, we are speaking about \"poisoning\" an animal through derisah and that applies only when it attacks with its foreleg and with its claws [Shulchan Aruch (Yoreh De'ah 57:6)]. [Similarly, the laws of] derisah apply only [when the attacking animal strikes its victim] with its claw. If it bites it, we show no concern unless it penetrates to its internal cavity.18With regard to this and wounding with its legs, the Shulchan Aruch (loc. cit.) states, \"they are no different than a thorn,\" i.e., there is no question of \"poison.\" We then check if it perforated one of the organs [that cause an animal to be considered trefe if] even the tiniest perforation was made.
[The laws of] derisah apply only [when] the attacking animal has that intent. If, however, the beast of prey fell and its claws became lodged in the other animal, [the laws of] derisah do not apply.19For then it will not release its poison. [Similarly, the laws of] derisah apply only [when the attacking animal] is alive. If, however, it attacked and was killed, but its claws remained lodged in the victim and were not removed until after [the attacker's] death, we are not concerned.20For it releases its \"poison\" only when it withdraws its claws and only when it is alive.
For this same reason, if ritual slaughter is performed on the animal that is being attacked before the attacking animal removes its claws, the slaughtered animal is permitted [Shulchan Aruch (Yoreh De'ah 57:8)].
", + "What are the laws applying to an animal that was attacked? Whenever we stated that \"we show concern,\" the attacked animal should be slaughtered and its entire internal cavity - from its feet to its forehead - must be checked. If it is found to be flawless with regard to all the factors [that render an animal] trefe and there is no sign that it was attacked,21As explained in the following halachah. it is permitted.22The Shulchan Aruch (Yoreh De'ah 57:18) mentions a difference of opinion among the Rabbis if such an examination can be relied upon in the present age. The Rama rules that we should be stringent, not rely on the examination, and hence, declare any animal that was attacked - or there is a question whether it was attacked - forbidden. If there is a sign that it was attacked, it is trefe and forbidden by Scriptural Law.", + "What is meant by \"a sign that it was attacked\"? That the flesh above the intestines turns red.23In his Kessef Mishneh, Rav Yosef Caro explains that the fact that the flesh turns red indicates that the poison from the predator has penetrated the animal's flesh and will ultimately, cause the intestines to be perforated. The Kessef Mishneh questions, however, why the Rambam mentions only the intestines. Since - as mentioned in the previous halachah - it is necessary to inspect the entire body, seemingly (and indeed, the Tur rules accordingly), the same laws would apply if red marks were found on the flesh above any organ whose perforation can disqualify the animal. He explains that perhaps this is indeed the Rambam's intent and he mentions the intestines only because there are many disqualifying factors involved with them. Nevertheless, in his Shulchan Aruch (Yoreh De'ah 57:16), he quotes the Rambam's wording without emendation. The Siftei Cohen 57:38) quotes the Tur's ruling. If the flesh above the intestines decays to the extent it becomes like flesh which a doctor would scrape from a wound, we consider that flesh as if it were lacking and [rule that the animal is] trefe.24Here also we assume that the poison will ultimately cause the organ below the flesh to become perforated (Kessef Mishneh).", + "If [the predator] attacked the \"signs\" [which must be cut for ritual slaughter, the animal is] trefe if they turn red.25Here too the rationale is that once the poison has begun to have an effect, it will ultimately penetrate through and perforate the entire organ. There is, however, a difference between the signs and the other organs. With regard to the other organs, as soon as the flesh above the organ is affected, the animal is considered trefe. With regard to the signs, they themselves must be affected. It is possible to explain that the signs are tougher and more resilient than the other organs. Hence, the fact that the flesh above them is affected is no proof that they will also be affected (Kessef Mishneh). The slightest wound [is significant]. If even the smallest portion of them becomes red because of an attack, [the animal is] trefe.26This applies even when a small portion of the windpipe becomes red. Although a perforation in the windpipe does not disqualify it unless it is the size of the majority of its cavity (Chapter 3, Halachah 23), we assume that the poison of the predator will ultimately cause such a perforation (Siftei Cohen 57:40).", + "When there is a question whether [an animal] has been attacked or not, we do not permit it unless it is checked as one would [an animal] that had definitely been attacked.27As mentioned in Halachah 8. As stated in the notes to that halachah, there are authorities - and this is the custom cited by the Rama - it is customary in the present era not to rely on this examination and to regard any animal that was attacked - or even if there is a doubt whether it was attacked - as trefe.
What is implied? When a lion enters among oxen and a claw was found in the back of one of them,28An animal does not release its poison until the claw is removed (Halachah 7), and is this instance, it is implanted in the animal. We, nevertheless, disqualify it, for in this instance, we say that the animal released its poison when it lost its claw (Turei Zahav 57:21). Alternatively, we fear that it was also attacked with another claw and that claw was removed (Rambam LeAm). we suspect that the lion attacked it. We do not rationalize and say: \"Maybe it scratched itself on a wall.\"29And the claw which had been implanted in the wall became stuck in it. The Shulchan Aruch (Yoreh De'ah 57:14) emphasizes that this ruling is followed even if the claw is dried out (and thus is unlikely to have come from an animal recently).
Similarly, if a fox or a marten enters among fowls, [the predator] is silent and they crowing, we fear that he attacked.30And that is why they are clamoring. If, however, the predator is roaring and they are crowing, [we assume that] they are crowing out of fear of him and his roaring. Similarly, if he cuts off the head of one of them,31The Rama 57:9 states that this applies when we do not see that he attacked others. If, however, we see that he attacked others, we do not assume that his rage subsided. we assume his fury has subsided. Similarly, if both [the predator] and [the fowl] are silent, we do not suspect [anything]. For if he had harmed them, they would crow.32The Shulchan Aruch (Yoreh De'ah 57:11) states that this applies only when we see that he did not attack any animals. If, however, we saw an attack, the fact that he and the victims were silent is not significant.", + "When there is a question of whether or not a predator entered [a place where animals are kept] or we saw [an animal] enter [such a place], but were unable to see if it is one of the predators or not, we do not harbor suspicions.33For there is a multiple doubt involved. Perhaps the predator entered and perhaps it did not. Even if it entered, perhaps it wounded the animal and perhaps it did not (see Chullin 53b).
Similarly, if a fowl entered a woods or reeds and came out with its head or neck dripping blood, we do not suspect that it was attacked. Instead, we say: \"Perhaps it was wounded among the trees.\"34I.e., it scratched itself and caused itself a wound. We must, however, check to see that the gullet was not perforated (Radbaz). The Rama (Yoreh De'ah 57:13) states in the present age we do not rely on our inspection and therefore forbid any fowl that comes to us with a neck that is bleeding." + ], + [ + "What is meant by nekuvah?1The term literally means \"perforated.\" There are eleven organs that if there is a perforation of the slightest size that reaches their inner cavity, [the animal] is trefe. They are:2The Rambam explains the particular laws regarding the perforation of these organs in this chapter with the exception of those concerning the lung. The latter, because they are many and are of more common application, are given greater focus and an entire chapter, Chapter 7, is devoted to them. the entrance to the gullet,3If the gullet itself is perforated, the animal is considered a nevelah as stated in Chapter 3, Halachah 13. the membrane of the brain in the skull, the heart and its large arteries, the gall-bladder, the arteries leading to the liver, the maw,4A kosher domesticated animal has four stomachs. If any one of them is perforated, the animal is trefe. This and the following three terms refer to those stomachs. the stomach, the abdomen, the gut, the intestines, and the lung and the bronchia.", + "We have already mentioned the definition of the entrance to the gullet.5See Chapter 1, Halachah 6. It refers to a portion of the esophagus above the gullet which is not fit for ritual slaughter. If there is a perforation of the slightest size that reaches its inner cavity, [the animal] is trefe.", + "The brain in the skull has two membranes. If the outer one near the skull bone alone is perforated, [the animal] is permitted.6The Rama (Yoreh De'ah 31:1) quotes authorities who maintain that even if the upper membrane alone is perforated, the animal is trefe. He states that unless a significant loss is involved, this perspective should be followed. The Turei Zahav 31:1 and the Siftei Cohen 31:1 quote views that advocate stringency even if a significant loss is involved. If the lower one near the brain is perforated, it is trefe.7There is a question among the commentaries with regard to the law if only the bottom membrane is perforated. Many Rishonim - and this is the ruling of the Shulchan Aruch (Yoreh De'ah 31:10) - rule that the animal is considered trefe in such a situation, for that membrane is the primary protection for the brain.
There are those who maintain that this is alluded to in the Rambam's wording: \"If the lower one near the brain is perforated, it is trefe,\" i.e., its perforation alone causes the animal to be considered trefe. Others maintain that this is not the Rambam's intent and some even maintain that the proper version of the text is \"If also the lower one...,\" which would imply that both membranes must be perforated.
[The more stringent ruling is also stated in the popular translation of the Rambam's Commentary to the Mishnah (Chullin 3:1). However, Rav Kappach - while not disputing the ruling - maintains that the translation there is in error.]
With regard to the portion where the brain extends to the spinal cord, i.e., the portion below the glands where the neck begins, the laws governing [the perforation of] its membranes change.8Instead, it is governed by the laws pertaining to the breach of the spinal cord, as described in Chapter 9, Law 1. If they are perforated beyond the glands, [the animal] is permitted.", + "When the brain itself is perforated9In his Kessef Mishneh, Rav Yosef Caro quotes a different version substituting nirkav (\"decayed\") for nikeiv (\"perforated\"). He also quotes this version in his Shulchan Aruch (Yoreh De'ah 31:2). or crushed, [the animal] is acceptable if its membrane is intact.10For the animal will still be able to function. If, however, [it has degenerated to the extent that] it can be poured like water or melts like wax, [the animal] is trefe.11In Chapter 10, the Kessef Mishneh includes this - as the implication from the Rambam's order here - in the category of nekuvah. For in such a situation, ultimately, the brain's membrane will become perforated.", + "When there is a perforation of the heart to its inner cavity - whether to the larger cavity on the left or the smaller cavity to the right - [the animal] is trefe. If, however, the flesh of the heart is perforated, but the perforation does not reach the inner cavity, [the animal] is permitted.12The Shulchan Aruch (Yoreh De'ah 40:2) follows the opinion of the Tur who accepts the Rambam's ruling with regard to a perforation stemming from sickness, but rules more stringently with regard to a perforation caused by a thorn or a needle. In such an instance, even if the perforation does not extend to the cavity of the heart, the animal is trefe. The arteries leading from the heart to the lung is considered as the heart itself. If there is a perforation of the slightest size that reaches its inner cavity, [the animal] is trefe.", + "When the gall-bladder is perforated and the liver seals it, [the animal] is permitted.13For flesh will cling to flesh . If, however, the perforation is not sealed, it is trefe even if the perforation is located close to the liver.", + "[The following rules apply when] a kernel14Needless to say, these laws apply when a needle or a thorn is found in the gall-bladder [Rama (Yoreh De'ah 42:9)]. is found in the gall-bladder. If it was shaped like a date seed, i.e., its head is not pointed, [the animal] is permitted.15We assume that instead of perforating the gall bladder from the outside, it entered through the blood vessels and became lodged there. If, however, its head is pointed like an olive seed, it is forbidden, for we can assume that it perforated [the gall bladder] when it entered. [The reason that] the perforation cannot be seen is that a scab developed over the opening of the wound.16And as indicated by Chapter 3, Halachah 21, the sealing of a perforation by a scab is not significant in these contexts.", + "When there is a perforation of the slightest size in one of the arteries of the liver where the blood develops, [the animal] is trefe.17The Ra'avad and other Rishonim take issue with the Rambam, maintaining that this ruling applies only with regard to the arteries leading to the liver, but not with regard to those within the liver itself. The Rivosh (Responsum 189) supports the challenge to the Rambam by citing the ruling (Chapter 8, Halachah 21) that if the liver is removed entirely except for a small portion, the animal is not trefe.
In his Kessef Mishneh, Rav Yosef Caro explains the Rambam's position as follows: Even when the liver is removed, its blood vessels must remain intact. A parallel to that concept exists with regard to the lungs (see Chapter 7, Halachah 9). Nevertheless, in his Shulchan Aruch, he follows the position of the other Rishonim and does not mention a perforation in the liver as a factor that disqualifies an animal.
Accordingly, [the following rules apply] if a needle is found in the lobes of the liver. If it was a large needle and its pointed edge was facing inward, it can be assumed that it perforated [the liver] when it entered. If its rounded edge was facing inward, we say that it entered through the blood vessels and [the animal] is permitted.18Here also the Ra'avad and other Rishonim take issue with the Rambam, maintaining that his understanding of Chullin 45b, the source for this halachah, is in error. The Tur and the Shulchan Aruch (Yoreh De'ah 41:6) follow their understanding.", + "If it was a small needle, [the animal] is trefe, because both of its heads are sharp and it certainly perforated [the liver].19I.e., regardless of the direction it entered. If it is found in the large blood vessel, the wide artery through which food enters the liver,20I.e., blood from the stomach; for food does not enter the liver. it is permitted.21Since this blood vessel is large, it cannot be taken for granted that the needle perforated the blood vessel. If the flesh of the liver became wormridden, [the animal] is permitted.22We do not suspect that the blood vessels of the liver were perforated.", + "When the maw is perforated and kosher fat23See Hilchot Ma'achalot Assurot, ch. 7, for an explanation which fat is kosher and which is forbidden. Halachah 6, of that chapter speaks explicitly of the fat on the maw. seals [the perforation], [the animal] is permitted. Similarly, whenever a perforation is sealed by flesh or fat that is permitted to be eaten, [the animal] is permitted. The [only] exceptions are the fat of the heart,24Concerning this point, there is a difference of opinion among the Rishonim. The Shulchan Aruch (Yoreh De'ah 40:1) follows the lenient view and permits the animal in such a situation, while the Rama follows the more stringent perspective. the membrane that is above the entire heart, the diaphragm in the midst of the belly that separates between the digestive organs and the respiratory organs, i.e., the one that when it is cut open, the lungs could be seen and which is called the membrane [above] the liver, the white place in the center [of the liver], and the fat of the colon. In these organs, we do not say that they shield [the perforation] because they are firm.25And thus they will not bend in a manner that will seal the perforation. Kosher fat and flesh, by contrast, are pliable and will seal any perforation over which they are located. A perforation that is sealed with one of these is not considered as sealed.
A portion of fat from a beast that corresponds to a portion of forbidden fat in a domesticated animal does not seal [a perforation] even though it is permitted to be eaten.26All fat in a wild beast is permitted to be eaten. Hence, in this instance, the general principle stated above is not followed and we determine which fat can seal a perforation by comparing it to the corresponding situation in a domesticated animal.
With regard to a fowl, all its kosher fat will seal a perforation beneath it [Shulchan Aruch (Yoreh De'ah 46:1)].
", + "When the stomach is perforated, [the animal] is trefe. There is nothing that can seal it for the fat upon it is forbidden.27The Turei Zahav 48:2 questions: Seemingly, the spleen should be able to seal it, for the spleen may be eaten and lies on the stomach. He explains that since the membrane covering the spleen is forbidden, it is not an effective seal. Similarly, when there is a perforation of the abdomen or gut that extends to its outer periphery, [the animal] is trefe. If one of them was perforated and the perforation leads to the cavity of the other,28This is possible for some of these stomachs are located within each other. [the animal] is permitted.29For the perforation will not reach beyond the digestive system.", + "[The following rules apply when] a needle is found in the folds of the gut: If it was from one side,30From the following clause, it appears that according to the Rambam, this refers to a needle lodged in the outer side of the gut. See the following note. [the animal] is permitted.31There are other authorities (their perspective is reflected in the objections of the Ra'avad) who maintain that even in this instance, an examination is required. Moreover, they explain that we are speaking about a needle lodged in the inner side of the gut. If a needle is lodged in the outer side of the gut, according to this view, the animal is trefe.
According to the Rambam, as mentioned above, we are speaking about a needle that comes from the outside. As the Rambam states in Chapter 11, Halachah 4, in such an instance, all of the inner organs of the body must be checked (Kessef Mishneh). Thus this halachah is speaking only with regard to the gut. Since the perforation does not breach the digestive system, the animal is not considered trefe.
Both perspectives are based on a comparison of two Talmudic passages (Chullin 50b and 51a) that are difficult to reconcile. The Shulchan Aruch (Yoreh De'ah 48:8,10) follows the perspective of the other authorities. The Rama cites the Rambam's perspective with regard to a hole made on the inside that does not pass from one side to the other and states we may rely on it in a situation where a severe financial loss is involved.
If it caused a complete perforation extending [from the outer side] to the cavity of the gut and a drop of blood was found at the place of the perforation, [the animal] is trefe. For we are certain that the perforation occurred before the slaughter. If there is no blood at the place of the perforation,32The Ra'avad and the other authorities state that the drop of blood must be found on the outer side of the gut. [the animal] is permitted. For we are certain that after the slaughter, under pressure the needle caused the perforation.33Since the animal was slaughtered, its blood was not flowing and it is unlikely that there will be sufficient pressure to force it outside the gut.", + "When an animal swallowed a substance that will perforate the intestines, e.g., the root of the asafetida34A yellow-brown, bitter, offensive-smelling resinous material used for medicinal purposes in the ancient Middle East. plant or the like, it is trefe, for we can be certain that it perforated them. If there is a question whether or not a perforation was made,35The Maggid Mishneh, the Tur (Yoreh De'ah 51), and others quote a different version of the Mishneh Torah concerning which questions are raised. The Kessef Mishneh justifies the version translated here and the Frankel edition of the Mishneh Torah states that it is followed by most of the authoritative manuscripts. [the animal] must be inspected.36The Ra'avad states that the inspection of the intestines is difficult. That position is reflected in the ruling of the Tur and the Shulchan Aruch (Yoreh De'ah 51:4) who rules that in such a situation, because of its questionable status, the animal is considered as trefe.
When one of the organs of the digestive system through which the food waste passes, i.e., the intestines, are perforated, [the animal] is trefe. Among them are those which are curved and surrounded by each other like a snake that is coiled, they are referred to as the small intestines. If one of them was perforated [on the side where] another [is located], the animal is permitted, for the other [intestine] will shield [the perforation].", + "When the digestive organs were perforated and viscous body fluids seal them, [the animal] is trefe for this seal will not endure.37When the digestive system is under pressure, the vicious fluids will not seal effectively. The Siftei Cohen 46:1 states that the same ruling applies even if a scab has developed over the wound.
When a wolf, a dog, or the like, snatched [an animal's] intestines38I.e., after the animal was slaughtered. and they were perforated after they were abandoned, we surmise that [the predator caused the perforation and the slaughtered animal] is permitted. We do not say that perhaps [the predator] made a perforation in a place where one already existed.39Chullin 9a explains that, unless there is a known factor that certainly indicates otherwise, we assume that an animal that has been slaughtered is acceptable. In this instance, the perforation would lead us to rule stringently. Nevertheless, since the fact that it was snatched by a predator can serve as an explanation, we rely on the original assumption. Accordingly, for this ruling to apply, we must know that the animal was slaughtered properly [Rama (Yoreh De'ah 25:3)].
If [an intestine] was discovered to be perforated40As indicated by the Rambam's explanation, in this instance, we do not know how it was perforated. and it was not known whether it was perforated before [the animal's] slaughter41In which instance, the animal would be considered as trefe. or afterwards, we perforate it again and compare the two. If the first perforation resembles this one, [the animal] is kosher.42The Rama (Yoreh De'ah 50:1) rules that in the present generation, we are not knowledgeable regarding the making of such a comparison and hence, forbid the animal because of the doubt. If there was a difference between them, [we presume that the first] occurred before the slaughter and [the animal] is trefe. If the perforation in doubt was handled, the perforation to which it is being compared must also be handled before the comparison is made.", + "When [an animal's] digestive organs protrude outside [its body] without having been perforated,43I.e., the animal's belly was cut open while it was alive. It could no longer support the digestive organs and they protruded beyond the skin. Nevertheless, the digestive organs themselves were not blemished. [the animal] is permitted. If they were turned upside down,44As might happen if a person was trying to reinsert them into the animal's belly. [the animal] is trefe even if they were not perforated. [The rationale is that] once [the digestive organs] have been turned upside down,45The Shulchan Aruch (Yoreh De'ah 46:2) rules that if an animal's digestive organs are discovered to have turned upside down, the animal is trefe, even if the organs did not fall out of its belly. they will never return to their ordinary functioning and [the animal] will not live.", + "The final digestive organ that is straight and not curved from which feces are excreted in the genital area and is joined [to the body] between the thighs is called the colon. If it is perforated even slightly, [the animal] is trefe,46Even though the fat upon it is kosher, it does not seal it [Shulchan Aruch (Yoreh De'ah 46:1); see also Halachah 10]. as applies with regard to the other digestive organs.
When does the above apply? When the perforation faced the cavity of the belly. When, however, it was perforated at the point where it is joined between the thighs, [the animal] is permitted.47For the thighs will support it (Chullin 50a). [Indeed,] even if the entire place where it is joined between the thighs is removed, [the animal] is permitted, provided a length of at least four fingerbreadths48The Rambam (based on Rabbeinu Yitzchak Alfasi) considers this the meaning of the term \"in order to grasp it\" used by Chullin, loc. cit. Although there are more lenient views, the Shulchan Aruch (Yoreh De'ah 46:5) follows the Rambam's ruling.
According to Shiurei Torah , a fingerbreadth is 2 cm, according to Chazon Ish 2.48 cm.
remains in an ox.49For other animals, the minimum measure is calculated proportionately (Shulchan Aruch, loc. cit.).", + "A fowl does not have a stomach, an abdomen, or a gut. Instead of them, it has a crop and a craw.50Unlike a domesticated animal that has four stomachs, a kosher fowl has two.
All the factors that render an animal trefe apply equally to a domesticated animal, a wild beast, and a fowl.51I.e., though the laws above were stated with regard to a domesticated animal, they apply equally to a beast and to a fowl if they possess the same organs.
When the roof of the crop receives even the slightest perforation, [the animal] is trefe. What is meant by the roof of the crop? That which becomes extended with the gullet when the fowl extends its neck.52Hence just as the perforation of the gullet disqualifies a fowl; so, too, the perforation of this portion of the crop (see Chullin 58b). If, however, the remainder of the crop becomes perforated, [the fowl] is permitted.", + "The craw has two [membranes] covering it. The outer one is red like meat; the inner one is white like skin. If one was perforated and not the other, [the fowl] is permitted unless they are both perforated, even slightly. If they are both perforated, but in places that do not correspond, [the fowl] is permitted.53Compare this entire halachah to Chapter 3, Halachah 20, concerning the gullet, noting the similarities and differences.", + "The spleen is not one of the limbs which is disqualified because of a perforation of even the slightest size. Therefore our Sages did not include it in that category. Instead, a perforation that disqualifies it has a measure which is not uniform throughout it.
What is implied? One of the ends of the spleen is thick and the other thin, like the shape of the tongue. If the thick end was perforated by a hole that extends from side to side, [the animal] is trefe. If the hole does not extend from side to side, [more lenient rules apply]: If a portion the thickness of a golden dinar remains,54This is less than half the thickness of the spleen (Rashba as quoted by the Kessef Mishneh). [the animal] is permitted. If less than that remains, [the perforation] is considered as if it extends from side to side and [the animal] is trefe. If the thin side is perforated, [the animal] is acceptable.55This applies with regard to an animal and a beast. More lenient rules apply with regard to a fowl and the perforation of its spleen never causes it to be considered as trefe, as stated in Chapter 10, Halachah 10.", + "[The following principle applies with regard to] all of the organs concerning which our Sages said that even the slightest perforation [causes the animal to be considered] trefe. If [that organ] was removed entirely, [the animal] is trefe.56Since the perforation of an organ impairs its functioning to the point that the animal is trefe, the implication is that the organ must function excellently for the body to be maintained. Hence, we can certainly assume that an animal will be considered trefe when the organ does not exist at all. This applies whether it was eliminated through sickness, removed by hand, or [the animal] was created lacking the organ.
The same laws also apply if it was created with two of that organ, for any extra limb or organ is considered as if it was lacking.57The commentaries explain that since the organ is duplicated, neither one of the two organs will be able to function satisfactorily. Thus it is as the animal is lacking that organ entirely.
What is implied? If one of an animal's or fowl's digestive organs, its gall-bladder,58The Radbaz states that if we do not see a gall-bladder, we have the liver tasted. If its taste is bitter, we assume that the gall-bladder was absorbed by the liver. See Shulchan Aruch (Yoreh De'ah 52:3). or the like was removed, it is trefe. Similarly if it was discovered to have two gall-bladders or two of a [particular digestive] organ, it is trefe. Similar laws apply in all analogous situations. If, however, the spleen was removed or two spleens were found, [the animal] is permitted, for [that organ] is not among those listed [by our Sages in this category].", + "[The statement that] an extra digestive organ causes an animal to be considered trefe applies only when there is an entire extra organ from its beginning to its end and thus two digestive organs are found next to each other as is [sometimes found in] the digestive organs of a fowl59Thus this phenomenon does not render a fowl trefe, only an animal (Chullin 58b). or the extra organ projects outward like a branch from a bough and it is a separate entity.60The Siftei Cohen 47:1 rules that this applies only when the extra organ branches off from the stomach. If it branches off from the intestines, it is acceptable. [The latter applies] whether in a fowl or in an animal. If, however, the extra organ returns and becomes combined with the main organ and they are fused at the two ends61If, however, each of the organs branches off from a different place in the animal's digestive system, the animal is trefe even if the organs merge at their end (Maggid Mishneh). even though they are separate in the middle, [the animal] is permitted and the organ is not considered as extra." + ], + [ + "The lungs have two membranes. If only one of them is perforated, [the animal] is permitted.1For the other will protect the lung (Chullin 46a). If they are both perforated, [the animal] is trefe.2If both membranes are perforated, but the perforations do not correspond, the Shulchan Aruch (Yoreh De'ah 36:1) rules that the animal is kosher, but the Rama considers it trefe. Even if the entire upper membrane3The Radbaz states that if, by contrast, the lower membrane alone is peeled off, the animal is trefe, for certainly, part of the lung will be lacking. is peeled off and dissolves, [the animal] is permitted. If there was even a slight perforation in the portion of windpipe in the chest4I.e., from the beginning of the ribcage. or lower, [the animal] is trefe. For this is a place in the lower portion of the windpipe that is not fit for ritual slaughter.5Chapter 1, Halachah 7 defines the portion of the windpipe acceptable for ritual slaughter. If, however, the windpipe is perforated in a such a place, the animal is kosher.", + "If a person began slaughtering the animal and slit the windpipe entirely, then perforated the lung, and afterwards, completed the slaughter, [the animal] is trefe, for [the lung] was perforated before the completion of the slaughter.6Although the functioning of the lung is dependent on the windpipe, since a perforation in the lung causes an animal to be considered trefe, it is given that status (Chullin 32b). Similar laws apply in all analogous situations.", + "If one of the bronchioles7The small extensions of the windpipe that convey air within the lungs itself. was perforated, even if the perforation is covered by another bronchiole, [the animal] is trefe.8Because the walls of the bronchioles are firm and not pliant. Hence, they will not serve as effective seals (Rashi, Chullin 48b).
In his Kessef Mishneh and his Shulchan Aruch (Yoreh De'ah 36:6), Rav Yosef Caro rules that if a perforation in a bronchiole is sealed by flesh, the animal is acceptable. See also the comments of Siftei Cohen 36:20. As the Rama states (Yoreh De'ah 39:18), the custom in the Ashkenazic community is to rule that an animal is trefe if its lungs are perforated even if they are sealed closed by other inner organs.
If one saw that it was perforated and then it developed a scab, [the scab] is of no consequence.9For ultimately it will open (Rashi, Chullin 47b).
If the mass of the lung is perforated, [the animal] is trefe, even if one of the ribs seals the perforation.10Since this portion of the lung is located below the ribs, the perforation will never be sealed thoroughly. If it was perforated in a place where the lung breaks into lobes and the lobe lies on [a rib, the animal] is kosher.11For the lobes lie on the ribs themselves and the seal will be maintained.
One of the issues related to the question of whether a lung is perforated or not is sirchaot, adhesions, where the lung becomes attached to the ribs and/or other portions of the body. For a discussion of that matter, see the latter half of Chapter 11.
", + "When does the above apply? When the perforation in the lobes is sealed by flesh.12It is not necessary to inspect the lung to see if air escapes (Tur, as quoted by Siftei Cohen 39:44). If, however, the perforation is pressed against the bone, it does not protect it.13For the bone is firm and will not move when the lung expands and contracts. Even if one inspects the lung and no air escapes, the animal is still considered trefe (ibid.). If, however, the perforation in the lobes was clinging both to the bone and the flesh, [the animal] is permitted.", + "When the body of the lung is found adhering to the ribs, we suspect that it was perforated. [This applies] whether or not growths14Boils or carbuncles filled with pus. This heightens the probability that it could have been perforated. appeared on it.
What do we do [to check it]? We separate it from the rib while taking care not to perforate it. If it is discovered to be perforated and a bruise is discovered on the rib in the place where it was perforated, we assume that the perforation was caused by the bruise.15And we postulate that the animal was bruised after its slaughter. Hence it is acceptable. The Maggid Mishneh emphasizes that we are talking about a situation where the perforation is opposite the bruise. If they do not correspond, the animal is trefe. If there was no bruise on the rib, it is clear that this perforation existed within the lung before the animal was slaughtered and it is trefe.16Here, also, even if one inspects the lung and no air escapes, the animal is still considered trefe [Shulchan Aruch (Yoreh De'ah 39:22)]. The Ra'avad states there is an apparent contradiction to the Rambam's ruling here and that in Chapter 11, Halachah 6. See the notes to that halachah for a discussion of this issue.", + "When it is discovered that there is a closed place in the lung which air does not enter and it does not inflate, it is as if it had been perforated and [the animal] is trefe.17I.e., unless it is checked as the Rambam continues to explain.
How do we inspect it? We cut off the portion [of the lung]18According to the Rambam, the portion of the lung itself is cut off and we inspect it. The Rama (Yoreh De'ah 36:9) offers a different interpretation. PAGE 239 that would not inflate when [air was] blown [into the lung]. If fluid was discovered within it,19I.e., the feather is placed on the portion of the lung that was cut off. One blows throw the brochia. If the air passes through the bronchioles, the feather should flutter. it is permitted, because it was due to the fluid that the air did not enter. If no fluid is found within, we put some saliva, a straw, a feather or the like over [the separated portion] and blow air into it. If they move, [the animal] is kosher.20The movement indicates that air flows through it. If not, it is trefe, because air does not enter [that portion of the lung].", + "[The following rules apply when] a sound is heard when a lung is inflated. If the place from which the sound emanates can be detected, saliva, a straw, or the like should be placed over it. If they flutter, it is apparent that the lung is perforated and [the animal] is trefe.
If the place [from which the sound emanates] cannot be detected, the lung should be placed in lukewarm21Chullin 47b states that hot water will cause the lung to contract and cold water will cause it to become firmer. If it was put in either hot or cold water first, it may not be checked in lukewarm water afterwards [Rama (Yoreh De'ah 36:4)]. water and blown. If the water bubbles, [the animal] is trefe.22For obviously the lung has been perforated and the air is flowing out from it. If not, it is apparent that only the lower membrane has been perforated, the air is moving between the two membranes. For this reason, it will be possible to hear a hushed sound when it is inflated.", + "Keep this encompassing general principle in mind: Whenever air was blown into a lung that was placed in lukewarm water and the water did not bubble, [the lung] is intact, without a perforation.23This principle is significant with regard to the discussion concerning sirchaot, adhesions, in Chapter 11. The Ra'avad (whose interpretation is paralleled by that of Rashi and other Rishonim) maintain that inflating the lung represents a stringency: If air escapes, an animal is considered trefe even though there is reason to permit it. The same principle cannot be applied as a leniency. The Rambam - and his approach is shared by Rabbenu Tam, Rashba, Rabbenu Nissim, and others - maintains that this principle was instituted as a leniency.", + "[The following laws apply when the insides of] a lung24The Siftei Cohen 36:21 states that this leniency applies even if the entire lung has degenerated and can be poured out like water. can be poured out like [water from] a pitcher, but the outer membrane is intact, without a perforation. If the bronchioles remain in their place and have not degenerated, it is acceptable. If even one of the bronchioles have degenerated, it is trefe.25As stated in Halachah 3, if one of the bronchioles is perforated, the animal is trefe. Certainly, that ruling applies if it has degenerated.
What should be done? We perforate [the membrane of the lung] and pour it out into a container glazed with lead26Because it is glazed, one will be able to see the white strands clearly if they exist [Beit Yosef (Yoreh De'ah 36)]. or the like. If white strands can be seen, it is apparent that the bronchioles have degenerated27And the white strands are the remnants of the bronchioles. and it is trefe. If not, it is only the flesh of the lung that has degenerated and [the animal] is acceptable.28When quoting this law, the Shulchan Aruch (Yoreh De'ah 36:7) adds a concept stated in the following halachah: that the fluid poured out may not be putrid. (The commentaries to the Shulchan Aruch maintain that the Rambam would follow this stringency.) The Rama, however, rules leniently, maintaining that as long as the bronchioles are not visible, the animal is acceptable.", + "[The following rules apply when] boils29Based on Chullin 48a, the Shulchan Aruch (Yoreh De'ah 37:1) states that even if boils are very large, the animal may still be kosher. are discovered on a lung. If they are filled with air, clear water, fluid that is viscous like honey or the like, dried fluid that is firm like a stone, [the animal] is permitted. If putrid fluid or putrid or murky liquid is found within it, it is trefe.30The Rambam's ruling is cited by the Shulchan Aruch. The Tur and the Rama follow the opinion of many other Rishonim who permit the animal even if the fluid in the boils is putrid. When one removes the fluid and checks it, one should check the bronchiole below it. If it is discovered to be perforated, it is trefe.31The Kessef Mishneh explains that the Rambam's ruling is based on his decision in the previous halachah. The Rambam maintains that the fluid indicates that there is a strong possibilility that a perforation exists. Other opinions maintain that the animal is permitted, for the fluid is not necessarily a sign that a perforation exists. According to those views (and they are accpeted by the Shulchan Aruch, loc. cit.), there is no need for the inspection the Rambam requires.", + "When one discovers two boils on a lung close to each other, [the animal] is trefe,32The Maggid Mishneh and the Shulchan Aruch (Yoreh De'ah 37:3) state that even if the boils are filled with clear fluid, the animal is trefe. If, however, they are hard, it is acceptable. for it is very likely that there is a perforation between them33Rashi (Chullin 47a) explains that most likely the membrane was perforated and therefore the boils developed. Rabbenu Nissim explains that since the two boils are next to each other, it is likely that one perforated the other. and there is no way of checking the matter. If there is one which appears like two, one should perforate one, if the other flows into it, it is only one and [the animal] is permitted.34The Maharil requires a further check: to see whether they share the same pocket (Turei Zahav 37:5; Siftei Cohen 37:7). If not, [the animal] is trefe.", + "If the lung degenerated, [the animal] is trefe. What is implied? For example, it was discovered intact and when it is hung up, it will break apart and fall into separate pieces.
When a lung was discovered to be perforated in the place where it was handled by the butcher's hand, the animal is permitted. We assume that [it was blemished by his] hand and say: \"It was perforated by the butcher's hand after slaughter.\"35The Rama (Yoreh De'ah 36:5) suggests that the shape of the perforations must indicate that they were made by the butcher.
If the perforation was discovered in another place and it is not known whether it took place before ritual slaughter or afterwards, we make another perforation and compare the two as is done with regard to the digestive organs.36See Chapter 6, Halachah 14.", + "We do not compare the lung of a small domesticated animal to the lung of a large domesticated animal. Instead, [the lung of] a small animal [must be compared to that] of a small animal and that of a large animal to that of a large animal.37This represents the Rambam's understanding of Chullin 50a. Rashi interprets the passage slightly differently. The Rama (Yoreh De'ah 36:5) follows Rashi's understanding and states that we do not compare a lung from one animal to that of another one at all. And even within one animal, we do not compare a perforation in a large lobe to one in a small lobe.
If a perforation is found in one of the boils of a lung, [the animal] is trefe. We do not say: \"Perforate another boil and compare them,\"38With the intent of seeing whether the perforation was made before or after the slaughter. because the matter is not clearly apparent.39I.e., in this instance, it is not easy to differentiate based on the comparison.", + "When a needle is found in the lung, we blow up the lung. If no air is released from it, it is apparent that this needle entered via the bronchioles and did not perforate [them].40In contrast to the liver where some authorities make a distinction in the ruling depending on the direction it is facing (see Chapter 6, Halachah 8), no such contrast is made with regard to a needle found in the lung. See also Shulchan Aruch (Yoreh De'ah 36:16-17) which states that if a drop of blood is found on the exterior of the lung, the animal is considered trefe. the Rama rules that unles a significant loss is involved, whenever a needle is found in the lungs, the animal is considered trefe. If the lung was cut open before it was blown up and a needle was found in it,41And thus it is impossible to check it by blowing air into it, for the air will be released through the portion cut off. [the animal] is forbidden. For there is a high probability that it perforated [the lung] when it entered.", + "When there is a worm in the lung and it perforated the lung and emerged and we see the lung perforated by the worm, [the animal] is permitted. We rely on the prevailing assumption that it perforated [the lung] after ritual slaughter42For while the animal was alive, the lung was continually expanding and contracting and it would be very hard for the worm to perforate it (Turei Zahav 36:8). and emerged [then].
There are ways that certain organs appear [that can disqualify the organ].43The remaining halachot in this chapter are expressions of this principle. The Rama (Yoreh De'ah 48:5) rules that we are not knowledgeable with regard to the correct appearance of the lung. Hence, if its appearance changes and one might think it became unacceptable, we rule stringently. For if the appearance of the organ is changed to that undesirable appearance, it is considered as if it was perforated.44And as stated above, the perforation of a lung disqualifies it. For since the appearance of this flesh changed to the [undesirable] appearance, it is considered as if it was dead. It is as if the flesh whose appearance changed does not exist. Similarly, [Leviticus 13:10] states: \"And there is a spot of living45We have translated the verses literally to convey the meaning mentioned by the Rambam. In its ordinary context, the terms would be translated as \"healthy flesh.\" flesh in the blemish...,\" and [ibid. 13:10] states: \"On the day when he will present living flesh....\" Implied is that flesh whose appearance has changed is not \"alive.\"", + "[The following principles apply if] the color46Our translation is dependent on the following halachah. of a lung changes, whether part of its color changes or its entire color changes. If it changes to a permitted color, even if its entire color changes, it is permitted. If, however, even the slightest portion of it changes to a forbidden color, [the animal] is trefe. [The rationale is that] the forbidden color is considered equivalent to a perforation as explained [above].47And even the slightest perforation of the lung disqualifies the animal.", + "There are five forbidden hues for the lung: black like ink, greenish-yellow48This represents the translation the Shulchan Aruch (Yoreh De'ah 38:1) offers for the Talmudic term yerok quoted by the Rambam. like hops, [yellow] like the yolk of an egg, or like safflower,49Our translation is based on the Rambam's Commentary to the Mishnah (Chullin 3:2). Rashi (Chullin 47b) renders the term as saffron. There is little difference between the two colors. or like the color of meat.50Which is reddish [the Rambam's Commentary to the Mishnah (ibid.)].
Safflower is a color which clothes are dyed. It is comparable to hairs that are slightly red, leaning towards gold.", + "If the lung is discovered to be the color of the branches of a date palm, we forbid it because of the doubt involved, because this is very close to a forbidden color. We do not forbid any of these colors until the lung is inflated and massaged by hand. If it changes to a permitted color, [the animal] is permitted.51For during the animal's lifetime, the lung is repeatedly inflated. If it retains the [forbidden] color, it is forbidden.", + "There are four permitted hues [for the lung]. They are: blackish blue, green like a leek, red, or the color of the liver. Even if the lung was entirely colored in these four hues patch by patch, spot by spot, [the animal] is permitted.", + "When a fowl52These laws do not apply with regard to an animal because its skin is tough and its ribs protect it [Shulchan Aruch (Yoreh De'ah 52:7]. The Rama, however, does not accept this leniency. The Ra'avad (Chapter 10, Halachah 11) also accepts the Rama's view. fell into a fire and its heart, its liver,53In his Kessef Mishneh and in his Shulchan Aruch (Yoreh De'ah 52:1), Rav Yosef Caro qualifies the ruling with regard to the liver, stating that to disqualify a fowl, it must change color at its thin end, the portion next to the gall-bladder, or at the place where it derives its nurture. or its craw turned green or its digestive organs turned red, [the fowl] is trefe.54Significantly, if the lungs change color, the fowl is not disqualified, because its ribs protect it [Kessef Mishneh; Shulchan Aruch (loc. cit.)]. [This applies if] even the slightest portion of the organs [changed color]. For whenever a fire causes organs that were green to turn red or those which were red to turn green, it is considered as if the organ was removed and [the animal] is trefe. [This applies] provided they retain this color after they were cooked slightly and massaged.55For it is possible that the cooking and/or the massage will restore the organ's natural color.", + "Whenever the liver of a fowl appears like the digestive organs or [the appearance of] the other digestive organs change and the change remains after they were cooked slightly and massaged as explained [above], we can assume that the fowl fell into a fire,56I.e., even though we do not know that the fowl fell into a fire, the fact that these organs changed color serves as evidence of such [Kessef Mishneh; the Rambam's Commentary to the Mishnah 3:3)]. The Shulchan Aruch (Yoreh De'ah 52:6) quotes this ruling, but the Rama rules leniently and states that we must see that the fowl actually fell into a fire. its digestive organs were burnt, and it is trefe.
Moreover, when there was no change detected in the digestive organs of a fowl, but when they were cooked slightly they changed color, those that were green turned -red or those that were red turned green, we can assume that the fowl fell into a fire, its digestive organs were burnt, and it is trefe.57The Shulchan Aruch (Yoreh De'ah 52:3) does not accept this stringency, following the opinion of the Rashba who maintains that we do not disqualify an animal unless we definitely know that it fell into a fire.
Similarly, if [the color of] the gullet [has changed] - the outer skin appears white and the inner red - it is considered as if the organ is not present, and it - either an animal or a fowl - is trefe." + ], + [ + "What is meant by the term chasairah?1Chasairah means \"lacking.\" This category disqualifies an animal if it lacks one of its fundamental organs. There are two organs that render [an animal] trefe if it is lacking the proper number. They are the lungs and the feet.2It is true that there are more organs that render an animal trefe if they are lacking. Nevertheless, the lack of these organs is not placed in this category. Instead, the organ is considered as nekuvah, \"perforated.\" As stated in Chapter 6, Halachah 20, if the perforation of these organs will disqualify an animal, surely, it will be disqualified when the organs are lacking entirely.
The lungs have five lobes. When a person will drape them over his hand with the inner portion of the lung facing his face,3I.e., he will be holding the animal from behind. See Shulchan Aruch (Yoreh De'ah 35:2). there will be three [lobes] on the right and two on the left. In addition, at the right of [the lung], there is a small ear-like attachment. It is not in the row of the lobes. It has a pocket of its own and it is located in the pocket. This [attachment] is called a rose, because that is what it looks like.4I.e., it is small and red. It is not counted as one of the number of lobes.
Accordingly, if [an animal] does not possess this \"rose,\" it is permitted.5The Rama (Yoreh De'ah 35:2 states that it is customary within the Ashkenazic community to declare an animal trefe, if it lacks this \"rose\" or if there is an extra \"rose.\" For this is the pattern with regard to [this organ], there are some animals in which it is found and some in which it is not found. If it is perforated, [the animal] is trefe even though its pocket seals it.6For it does not seal it thoroughly.", + "If the number of lobes was lacking and one was discovered on the left side or two on the right side, [the animal] is trefe. If, however, there were two on the right side and this \"rose,\" [the animal] is permitted.7For the \"rose\" functions in place of the missing lobe. If, however, the \"rose\" is found on the left and there is only one lobe, the animal is not acceptable. Since it is not in its proper place, it cannot replace a lobe (Kessef Mishneh). The Shulchan Aruch (Yoreh De'ah 35:7) quotes the Rambam's ruling, but the Rama differs.", + "If the position of the lobes was switched and three were found on the left and two on the right without a \"rose\" or the \"rose\" was found together with three on the left side, it is trefe, for it is lacking on the right side.8In this instance, the \"rose\" does not compensate for the lack of the lobe, because it is not on the right side.", + "[The following rules apply if] the number of lobes was increased. If the extra lobe was on the side of the [other] lobes9\"In the row of the lungs\" to borrow the expression used by Chullin 47b. Generally, we follow the principle that every addition is considered as if it was lacking. In this instance, however, since the extra lobe is found in the row of the lobes, it will not disturb the lungs' ordinary functioning. or in front of the lungs10In this instance as well, the Rambam maintains that the position of the extra lobe prevents it from disturbing the lungs' ordinary functioning. The Shulchan Aruch (Yoreh De'ah 35:3) accepts the Rambam's ruling.The Rama quotes more stringent views that state that any extra lobe that is not found in the row of the lungs is trefe. Nevertheless, the custom is to rule leniently. on the side of the heart, [the animal] is permitted. If [the extra lobe] is on its back, near the ribs, [the animal] is trefe for an extra [organ] is considered equivalent to one that is lacking. [This applies] provided it is [at least] the size of a myrtle leaf.11I.e., even when inflated. If it is smaller than this, it is not considered as a lobe and [the animal] is permitted.", + "When one lobe is found clinging to the one next to it, [the animal] is permitted. If, however, [the lobes] became attached out of the ordinary order, e.g., the first lobe became attached to the third, [the animal] is trefe.12If the portions of the lungs that follow their natural pattern become attached to each other, all authorities agree that the animal is acceptable, for this attachment will not create any difficulties. And if the third lobe becomes attached to the first, all agree that it is unacceptable, because as the lungs inflate, the attached portions will separate, cause the attachment to tear, and in doing so, perforate the lobe.
The commentaries question - and the Maggid Mishneh actually maintains that the text of the Mishneh Torah reads in this manner - whether if the back of one lobe is attached to the back of the lobe next to it, the animal is also trefe. For in this instance as well, since the lobes are attached in an unnatural order, the attachment will tear and perforate the lungs. In his Kessef Mishneh, Rav Yosef Caro maintains that the Rambam's wording implies that as long as the attached lobes are next to each other, the lung is acceptable, even if they are attached back to back. He does note, however, that there are authorities who rule stringently. He concludes in his Kessef Mishneh and also rules accordingly in his Shulchan Aruch (Yoreh De'ah 39:4), that the attachments do not disqualify an animal only when the lobes are attached side to side - and not back to back - in the natural order. If they are attached in such an order, however, the lungs need not be checked. The Rama differs, requiring an examination. He also states that there are authorities who maintain that we are not knowledgable regarding how to make such an examination and therefore such an animal should be considered as trefe. Nevertheless, his ruling also leaves room for leniency if less than half of the body of the lobes are attached. See Siftei Cohen 39:11.
", + "[The following laws apply if] there are two lobes [that appear] as one lobe and do not appear as two lobes joined together.13I.e., they appear as one flush mass, without differentiation. If they are distinct, but attached, they are governed by the laws stated in the previous halachah. If there was a space about the size of a myrtle leaf14From Halachah 4, it appears that this is the size of a lobe that is significant. Hence, just as it is significant in disqualifying an animal, it is significant in causing it to be deemed kosher (Maggid Mishneh).
The Rambam's ruling is quoted by the Shulchan Aruch (Yoreh De'ah 35:8). The Rama cites authorities that maintain that even if a smaller portion is distinct, the lobes are considered as separate and the animal, kosher. The Rama states that we may rely on these opinions if there is a significant loss involved.
between them - whether at their root, in their center, or at their end - so that it is clear that they are two which are attached, [the animal] is permitted. If not, it is lacking [one of the lobes] and is trefe.", + "If the entire lung appears like two rows and it is not divided into lobes, it is trefe. Similarly, if the body of the lung itself15I.e., it is lacking part of its ordinary mass. was lacking, even if it was not perforated, it is considered as if the required number of lobes were missing and [the animal] is trefe.16The Kessef Mishneh notes that in Chapter 7, Halachah 9, the Rambam rules that if a lung has decayed, it is kosher as long as its bronchioles and outer membrane are intact despite the fact that it has lost a large amount of its substance. He explains that this is not necessarily a contradiction to the ruling here. In that instance, since the lung has decayed significantly and yet, the brochioles have not been perforated, we assume that they will not be perforated. In this instance, by contrast, we suspect that the lack within the lung will cause it to become perforated.
Many other Rishonim, however, do not make such a distinction and maintain that a lung is acceptable if it is lacking some of its inner substance. The Shulchan Aruch (Yoreh De'ah 36:8) quotes both views. The Rama states that certain circumstances call for leniency and others, for stringency.
Therefore if a dried portion that could be chipped away with one's nail of even the slightest size was discovered within it, it is considered as lacking17The Kessef Mishneh explains that others explain that it is considered as if the dried portion is perforated and therefore the animal is trefe. and [the animal] is trefe.", + "When a lung was discovered to be inflated like the leaves of a palm tree, we rule that it is forbidden because of the doubt involved. For this is an abnormal addition to its body and perhaps an addition to its body is considered as equivalent to a lack in its body, as stated with regard to the number of lobes.18As stated in law 4, an extra lobe is considered as a missing lobe and disqualifies a lung. Similarly, there is reason to think that an increase in the size of a lung is equivalent to a decrease in its size and disqualifies it in a similar fashion.", + "[The following rules apply when] an animal became frightened and was terrified to the extent that her lung19When quoting this law, Shulchan Aruch (Yoreh De'ah 36:14) speaks of an \"entire lung\" shriveling. shriveled and came closer to becoming dried out: If it became frightened through the hand of heaven, e.g., it heard a thunderclap, saw lightening, or the like, it is permitted.20For in the near future, it will regain its natural size, as indicated by the following halachah. If it became frightened through human activity, e.g., another animal was slaughtered in its presence or the like, it is considered as if it were lacking and it is trefe.", + "How do we inspect it? We place the lung in water for an entire day. In the winter, we place it in lukewarm water, in a container which will not cause the water to condense on its back21Chullin 55b states that earthern-ware utensils made of white clay will have water condense upon them easily. and flow so that they will not become cold rapidly. If the season was hot, we place it in cold water in a container on which the water will condense on its back so that the water will remain cold. If [the lung] returns to its natural state, [we assume that the animal was frightened] by the hand of heaven and it is permitted.22Chullin, loc. cit., also debates what the ruling would be if one animal is frightened by another animal. The Rambam does not discuss the issue for seemingly, it would be able to be resolved by the same test mentioned here. The Shulchan Aruch (Yoreh De'ah 36:14 considers being frightened by other animals as equivalent to being frightened by the hand of heaven.
The Radbaz also states that if the lung returns to normal, it is acceptable even if the animal was frightened by human activity. Other authorities differ and maintain that if we know that the animal was frightened by human activity, this examination is not acceptable (Siftei Cohen 36:30).
See also Rama (Yoreh De'ah 36:15) who rules that in the present era, we are not knowledgeable with regard to the various inspections that our Sages spoke about and hence, should not employ them. If, however, it appears that an animal's lung shrunk due to the hand of heaven, it should not be permitted without undergoing this examination.
If it does not return, we [we assume that] it happened due to mortal causes and [the animal] is trefe.", + "An animal that was lacking a foot23The category of chasairah involves two organs: the lungs and the feet. Having discussed the lungs, the Rambam proceeds to discuss the feet. As the Rambam continues to explain, here the intent is the hindlegs. from the time it came into being is trefe. The same ruling applies if it possesses an extra foot, for an extra limb or organ is considered as if it was lacking. If, however, it has three forefeet or only one forefoot, [the animal] is permitted. Accordingly, if [an animal's] forefoot is cut off, [the animal] is permitted.24The severed foot itself, however, is forbidden.
If its leg is cut off from the joint and above,25There are three segments of an animal's leg between its trunk and its hoofs. We are speaking about the joint between the highest and middle portions of the leg. [the animal] is trefe. From the joint and below, it is permitted.26Note, however, Halachah 15. Which joint are we speaking about? The joint that is at the end of the hip close to the body.", + "When the bone27I.e., the highest of the three bones of the animal's legs. is broken above the joint, if it emerges outward entirely or in its majority, it is considered as if it were cut and fell off,28For it will never heal. and [the animal] is trefe. If the flesh or the skin29Even the covering of the skin alone is sufficient. This represents a revision of the Rambam's thinking. The initial text of his Commentary to the Mishnah (Chullin 8:13) stated \"there was flesh and skin covering it\" and he altered it to read \"flesh or skin covering it.\" was covering both the majority of the thickness and the majority of the circumference of the broken bone, [the animal] is permitted.30For the leg will heal. Not only is the animal permitted, the leg itself is permitted. We do not consider it as if it had been severed and removed during the animal's lifetime. This applies even if part of the broken bone fell off and no longer is present. Soft sinews are not considered as flesh.", + "The juncture of the sinews is a place in an animal and in a beast which is above the heel, at the place where the butchers hang the animal.31I.e., it is customary for the butchers to make a hole in the lowest bone of the leg and hang the animal head downwards so that they can skin it and cut off its meat. The definition of \"the juncture of the sinews\" is important, as reflected in Halachot 15-18. There are three white sinews there, one thick and two thin. From the place where they begin and are firm and white until [the place] where the whiteness is removed from them and they begin to become red and soften is considered the juncture of the sinews. It is approximately sixteen fingerbreadths32A fingerbreadth is approximately 2 cm according to Shiurei Torah and 2.4 cm according to Chazon Ish.
Together with the Rambam's view, the Shulchan Aruch (Yoreh De'ah 56:5) also quotes Rashi's view that the juncture of the sinews is four fingerbreadths long.
[long] in an ox.", + "In a fowl, there are sixteen such sinews. They begin on the lowest bone, from the extra talon and [continue] until the conclusion of the foot which is [covered by a series of] crusted scales.33The Ra'avad takes issue with the Rambam's statements, admitting that the sinews of a fowl - as do those of an animal - begin in its actual feet. Nevertheless, he states, it is only from the joint between the second and third bone of the leg that they are considered halachically significant. For the laws of trefot that govern a fowl parallel those which govern an animal.
In his Kessef Mishneh, Rav Yosef Caro cites authorities that maintain that the text of the Mishneh Torah is in error and it should be amended to parallel the Ra'avad's comments. He cites a responsum attributed to the Rambam sent to the Sages of Provence which also follows this understanding. And in his Shulchan Aruch (Yoreh De'ah 56:8), he rules in this manner.
", + "When an animal's feet are cut off at the juncture of the sinews, it is trefe. Do not be amazed and say: \"How is it possible that [an animal] will be permitted if its [legs] are cut off above the juncture of the sinews - indeed, it is permitted unless its [legs] are cut off above the highest joint as we explained34Halachah 11.- but forbidden if they are cut off at a lower point, at the juncture of the sinews?
[The resolution is as follows: With regard to the designation of an animal] as trefe, [there are times when] one will cut from this point and it will live, but if [one would cut] from this point, it would die. We have not forbidden this animal, because its feet were cut off at a particular point,35Thus according to the Rambam - and his position is cited by the Shulchan Aruch (Yoreh De'ah 55:1) - if an animal's leg is severed in the top bone, it is trefe. If it is severed in the bottom bone, it is kosher, and if it is severed in the middle bone, the ruling depends on whether it was severed above the juncture of the sinews or not.
The Shulchan Aruch also cites a more stringent view - and the Rama states that it should be followed - that if the middle bone was severed, even above the juncture of the sinews, the animal is trefe. Moreover, even if it is severed at the lower joint, above the cartiledge called the irkum, the animal is trefe.
but rather because its sinews were severed36The Kessef Mishneh states that the Rambam is explaining that a severed leg causes an animal to be considered trefe, because it is in the category of chasairah. When the juncture of its sinews is lacking, it is considered trefe, because it is in the category of netulah, as the Rambam proceeds to explain. and this renders it trefe, as will be explained.37See Halachot 16-17.", + "What is meant by the term Netulah?38Netulah is one of the eight types of trefot mentioned in Chapter 5, Halachah 2. The term literally means \"removed.\" There are three limbs and organs which even though they do not [cause an animal to be deemed trefe] when they are perforated or if they are lacking [when the animal is born],39I.e., there are many organs besides these three that cause an animal to be deemed lacking if they are removed. The disqualification of these other organs, however, is not included in the category of netulah, rather that of nekuvah, perforated, or chasairah, lacking, i.e., the organ's removal is the greatest perforation or lack that could be. See Chapter 6, Halachah 20. cause the animal to be deemed trefe. They are: the juncture of the sinews,40The Ra'avad notes that seemingly, the disqualification of an animal because the junction of its sinews was severed would cause it to be placed in the following category, pesukah (Chapter 9, Halachah 1). He and the Kessef Mishneh explan that since our Sages (Chullin 57a, 76a) uses the expression: \"If the juncture of the sinews was removed,\" it should be placed in this category and not in the other. Note the Siftei Cohen 56:1 who interprets the Ra'avad slightly differently. the liver, and the upper jaw-bone.", + "We already explained41Halachah 15. that when an animal or a fowl has had its legs cut off at the place of the juncture of the sinews, it is deemed trefe only because the sinews were cut.42I.e., the fact that this portion of the leg is missing is not significant. Therefore if the sinews alone were severed even though the foot remains intact, the animal is trefe, because the juncture of the sinews has been removed.", + "In an animal, if the thick sinew alone was severed, [the animal] is permitted, for the two [thin] ones remained. If both thin ones were severed, [the animal] is permitted, for the one thick one is larger than both of them. [In both cases,] the entire juncture was not removed, only its smaller portion.43As long as a majority - either a majority in number or the larger portion - remains intact, the animal is permitted (Chullin 76b). If the majority of each of them was severed, [the animal] is trefe. Needless to say, this applies if they were all severed or removed.", + "With regard to a fowl, even if the majority of one of the sixteen were severed, [the animal] is trefe.44The Kessef Mishneh explains this ruling as follows. Since we are stringent with regard to a fowl and require that all sixteen be intact, we extend that stringency and disqualify it if the majority of one is impaired. For when the majority of a sinew is impaired, it is as if the entire sinew is impaired.", + "When a fowl's wings are broken, it is permitted like an animal whose forelegs have been cut off.45As stated in Halachah 11. See Shulchan Aruch (Yoreh De'ah 53:2-3) which explains details about this situation.", + "When the entire liver has been removed, [the animal] is trefe. If an olive-sized portion remains at the place from which it is suspended46I.e., near the kidneys. In his Commentary to the Mishnah (Chullin3:1) refers to it as the place attached to the blood vessels from which blood from the liver is dispersed throughout the body. Chullin 46a refers to this as \"the place from which it derives its nurture.\" See the Siftei Cohen 41:1 and the Turei Zahav 41:1 which quote authorities that interpret this as meaning the place to which it is attached on the diaphragm. and there is an olive-sized portion at the place of the gall-bladder, it is permitted.47For these are fundamentally necessary for its functioning.
If the liver slipped from its place and it is [in disarray, as long as it is still] connected with the diaphragm, [the animal] is permitted.48Because it - and its two fundamentally necessary portions - are still intact. If the place from which it is suspended and the portion at the place of the gall-bladder were removed, it is trefe49For these two portions are of primary necessity. even if the remainder is intact as it was previously.", + "If there remained an olive-sized portion at the place of the gall-bladder and an olive-sized portion at the place from which it was suspended, [the animal] is kosher. If, however, the portions of the liver which remain intact were scattered, some here and some there, flattened, or elongated like a strap, there is a doubt concerning its status. It appears to me that it is forbidden.50Chullin 46a raises questions regarding these situations and does not resolve them. The commentaries question why the Rambam rules definitively that the animal is unacceptable. The Kessef Mishneh explains that this applies even if there is one olive-sized portion that is entirely intact.", + "When the upper jaw-bone is removed, [the animal] is trefe.51The Tur (Yoreh De'ah 33) objects to the Rambam's ruling, stating: \"I am amazed at his prohibition [of the animal] when the upper jaw is removed since this is not explicitly stated. Are we to add to the trefot?\"
To explain: Chullin 54a states that if the lower jaw is removed, the animal is permitted. The Rambam deduces that the implication is that if the upper jaw is removed, the animal is trefe. The Tur claims that this deduction is not explicitly stated and hence, we have no right to make this deduction on our own. The sages of Provence wrote to the Rambam, voicing similar objections and he replied to them, explaining that the upper jaw is necessary for an animal's breathing. The Shulchan Aruch (Yoreh De'ah 33:2) states that it is proper to show respect for the Rambam's ruling.
Based on the gloss of the Rogatchover Gaon, it is possible to explain why this defect is not mentioned by the Sages of the Talmud. This defect is not in and of itself a direct cause for an animal's death, it is only a side factor that will lead to its death. Hence our Sages did not mention it, for they mentioned only those factors whice are direct causes (Yayin Malchut).
If, however, the lower jaw-bone is removed,52When quoting this ruling, the Shulchan Aruch (Yoreh De'ah 33:1) adds that the animal must be able to continue to survive by being force-fed. i.e., it was cut away until the place of the gullet and the windpipe, but they were not uprooted [from their connection to the throat, the animal] is permitted.", + "Whenever it is said that an animal is trefe if a limb or organ is lacking,53I.e., the lungs and the hindlegs as stated in Halachah 1. so, too, it is trefe if that organ is removed.54As mentioned above (Chapter 6, Halachah 20), all the organs which render an animal trefe if they are perforated, also render it trefe when they are lacking or removed. Nevertheless, the Rambam places them in the category of nekuvah for that is the most inclusive classification. If, however, it is said that an animal is trefe if an organ is removed, [the animal] is not forbidden unless that organ was cut off. If, however, the animal was created lacking that organ, it is permitted. For if not, the categories of chasairah and netulah would be identical.55And our Sages listed them as separate categories, as stated in Chapter 5, Halachah 2.
The Rashba (as quoted by the Kessef Mishneh, Chapter 6, Halachah 20) differs and maintains that an animal is also trefe if it is lacking a liver from the beginning of its existence. Why then did our Sages mention chasairah and netulah as two separate categories? Because if they were not listed so, one might argue that an animal is trefe only when an organ is removed and not when it was lacking from the beginning of the animal's existence or vice versa. The Tur follows the Rashba's view. The Shulchan Aruch (Yoreh De'ah 50:72 quotes both opinions, but appears to favor the Rashba's view. The Rama states that we may rely on the Rambam when a significant loss is involved.
Whenever it is said that [an animal] is permitted if a limb is removed, it is certainly permitted56For the ruling is more lenient if at the outset, it was not created with this organ, as above. if this organ was lacking from the beginning of the animal's existence and was never created.", + "When the uterus of an animal, i.e., its womb, was removed or its kidneys were removed,57I.e., even if both kidneys were removed. Even though according to medical knowledge, there is no way such an animal can live, our Sages did not deem this condition trefe. See Chapter 10, Halachah 12. it is permitted. Therefore if it was created with only one kidney or with three kidneys58For we follow the principle that any extra organ is considered as if it was removed. it is permitted.59It is, however, considered a blemish and the animal may not be offered as a sacrifice (Hilchot Issurei HaMizbe'ach 2:11). Similarly, it is permitted if a kidney was perforated.", + "Although [an animal] is permitted despite the fact that a kidney was removed or it was created without it, if its kidney is extremely undersized, it is trefe.60In his Kessef Mishneh, Rav Yosef Caro states that many Rishonim disqualify an animal only when its kidneys shrank because of illness. If, however, it was born with an undersized kidney, it is acceptable. And in his Shulchan Aruch (Yoreh De'ah 44:5), he accepts this ruling as law. For a small animal, this means the size of a bean, for a large one, the size of a grape.61The Turei Zahav 44:12 and the Siftei Cohen 44:13 quote authorities who explain that the grapes of Eretz Yisrael were very large during the Talmudic period. At that time, a grape was significantly larger than a bean. Similarly, [an animal could be deemed trefe] if a kidney became afflicted, i.e., its flesh became like the flesh of a dead [animal] that decayed after several days, [degenerating] to the extent that were one to take hold of a portion of it, it would decompose and fall apart. If this condition reached the white portion62The white fat from the loins enters the kidneys, because the different sinews are all interwoven there, causing a split to appear within the kidney. This is located in the midst of the kidney (Rashi, Rabenu Nissim, Chullin 55b). in the kidney, the animal is trefe. Similarly, if moisture - even if it is not putrid - is found in the kidney or murky or putrid fluid is found there, it is trefe. If, however, clear water is found there,63Even if it reached the white portion [Shulchan Aruch (Yoreh De'ah 44:2)]. [the animal] is permitted." + ], + [ + "What is meant by the term pesukah?1Pesukah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means \"severed.\" If the skin that covers the marrow2We are using this term to translate the Hebrew term moach. It is a loose term that means the material inside a bone. Chullin 45b states that this marrow is no of significance with regard to the category of pesukah. Therefore the Shulchan Aruch (Yoreh De'ah 32:1) rules that if the skin is severed, even if the marrow is entirely intact, the animal is trefe. of the spinal cord is severed, [the animal] is trefe. [This applies] provided the majority of the circumference [of the skin] is severed. If, however, the skin is split lengthwise or perforated, [the animal] is permitted. Similarly, if the backbone was broken, but the spinal cord was not split or the marrow within the cord was crushed and it would wobble, [the animal] is permitted because its skin is still intact.", + "If the marrow decomposes and it can be poured like water or like molten wax to the extent that the spinal cord cannot stand when it is lifted up, [the animal] is trefe. If [the reason] it cannot stand is because of its weight, [the animal's] status is doubtful.3And hence, forbidden. This ruling is granted because this question is left unresolved by Chullin 45b. The Kessef Mishneh quotes Rashi who explains that this is speaking about a situation where the spine has become thick and heavy, but has not become soft inside. The question is whether this state results from sickness or not.", + "To where does the spinal cord extend? It begins behind the two glands at the beginning of the neck and extends until the second divider.4See the following halachah for a definition of this term. Thus nothing remains after it except the third divider which is close to the beginning of the tail.", + "There are three dividers. They are three bones that cleave to each other below the vertebrae of the backbone. The spinal cord of a fowl extends to in between the wings.5The Shulchan Aruch (Yoreh De'ah 32:5) interprets this as meaning the place where the wings are attached to the body. The Rama follows the opinion of Tosafot who state that the term refers to the place where the wings lie on the body, a point somewhat lower on the fowl's back. Below these places, we are not concerned with the cord that extends there, even if its skin was severed or its marrow decays.6For these portions are not fundamental for the body's functioning.", + "What is meant by the term keru'ah?7Keru'ah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means \"ripped apart.\" [This concerns] the flesh which covers the majority of [the animal's] belly. If it is ripped open, the belly will [fall] out. If this flesh is ripped open, [the animal] is trefe. [This applies] even if the tear did not reach the belly itself to the extent that it is seen. Instead, since the majority of the thickness of this flesh was ripped open8I.e., but some flesh remained. The animal is deemed trefe, because in such a condition, ultimately, the entire flesh will tear open.
The Kessef Mishneh notes that many others authorities interpret Chullin 50b, the Rambam's source, as implying that if the cut extends over the majority of the animal's belly, the animal is trefe. In his Kessef Mishneh, Rav Yosef Caro quotes the Rashba as explaining that the Rambam does not accept this approach because if so, there would be no difference between the categories of pesukah and keru'ah. The Rashba himself does not require such a distinction and instead, maintains that these categories overlap. In his Shulchan Aruch (Yoreh De'ah 48:3), he quotes the Rambam's view. The Turei Zahav 48:5 and the Siftei Cohen 48:4 mention the other positions.
or removed, [the animal] is trefe.
What is the measure of the tear? It must be a handbreadth long. If the animal was small and the majority of the length9The dissenting perspectives also maintain that the same ruling applies with regard to the majority of the breadth of the belly (Siftei Cohen 48:6). of the flesh covering the belly was torn, it is trefe even though the tear is not a handbreadth long. For the majority [of its length] was torn.", + "[The following rules apply if] a circular or oblong portion of this flesh was cut.10The previous halachah was speaking about a slit where the flesh was not necessarily cut away. This halachah speaks about a situation where a portion of flesh was removed (Kessef Mishneh). If it was larger than a sela,11A coin of the Talmudic era with a diameter that is a third of a handbreadth, i.e., 2.6 cm. According to Shiurei Torah. i.e., large enough to fit tightly three date seeds next to each other, [the animal] is trefe. For when this size cut will be extended, it will be a handbreadth in length.12I.e., a sela is a little more than a third of a handbreadth. Hence the circumference of the cut is a handbreadth.", + "When the skin of an animal was removed from it entirely - whether it was torn off by hand or [decomposed due to] sickness - the animal is trefe. This is called geludah. If a [portion of] skin as wide as a sela remained on the entire backbone, one as wide as a sela remained on the navel, and one as wide as a sela remained on the tips of the limbs, [the animal] is permitted.13Chullin 55b mentions a tradition that maintains that if an animal's entire skin is removed except for a portion the size of a sela, the animal is acceptable. [For from this portion, the entire skin will be regenerated (Rashi).] The Talmud continues mentioning three views, concerning where the skin must remain. Since the matter remains unresolved and we do not know which of these views should be followed, the Rambam rules that all of the different views must be respected and a portion of skin the size of a sela must remain in each place (Kessef Mishneh).
(Significantly, in his Commentary on the Mishnah (Chullin 3:2), the Rambam mentions only the view that requires skin on the backbone and not the other opinions.)

If [a portion] as wide as a sela was removed from the entire backbone, from the navel, or from the tips of the limbs, but the remainder of the skin remained intact, there is a doubt [concerning the ruling].14This question is left unresolved by Chullin, loc. cit. Hence there is a doubt concerning the ruling. It appears to me that we permit [the animal].15Many authorities question the Rambam's ruling. Seemingly, if the question was left unresolved by the Talmud, on what basis does the Rambam permit it?
In his Kessef Mishneh, Rav Yosef Caro offers two explanations for the Rambam's ruling:
a) As the Rambam states in Chapter 5, Halachah 3, since all the categories of trefot aside from a derusah are not mentioned explicitly in the Torah, we rule leniently concerning doubts.
b) Since the skin was removed from only one of three places mentioned, there is a multiple doubt (sefek s'feikah) involved. Perhaps the place from which the skin was removed was in fact not the vital area (for the halachah could follow one of the other views). Even if it was the vital area, perhaps the fact that the skin on the remainder of the body is intact is enough for the animal to be permitted.
In his Shulchan Aruch (Yoreh De'ah 59:1), Rav Yosef Caro quotes the Rambam's ruling. The Siftei Cohen 59:2 mentions the opinions that differ with the Rambam. The Rama adds that if the skin is removed from all three places, the animal is trefe.
", + "What is meant by the term nefulah?16Nefulah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means \"one which fell.\" When an animal fell from a high place - at least ten handbreadths high17In his Kessef Mishneh, Rav Yosef Caro quotes Chullin 50b which states that this refers to a height of four handbreadths above the ground, for there are six handbreadths from the bottom of an animal's belly until the ground. He also cites this view in his Shulchan Aruch (Yoreh De'ah 58:1).
Moreover, in both those sources, Rav Yosef Caro also quotes views that state that this law applies only when the animal fell on its own or knew that it was being pushed by others. If, however, it was pushed suddenly by others, it is considered trefe even if it fell from a lesser height.
- and one of its organs was crushed, it is trefe.
To what extent must it be crushed? It must be smashed and become ailing because of the fall to the extent that its form and appearance have been destroyed. Even though [the organ] is not perforated, cracked, or broken, [the animal] is trefe. Similarly, if one struck it with a stone or a staff and crushed one of its organs, it is trefe.18In this instance, the distance of ten handbreadths is not significant. Instead, if it was thrown with enough force to cause mortal damage, it can cause the animal to be rendered trefe.
To which organs are we referring? To those in the body's inner cavity.19Therefore all of those organs must be inspected (Chullin 51a). The Ra'avad states that every organ that would render the animal trefe if crushed must be inspected.
The Rama (Yoreh De'ah 58:6) writes that in the present era, we are not knowledgeable with regard to conducting these examinations and an animal that falls should be permitted only if it walks, as stated in the next halachah.
", + "If an animal walks after falling from a roof, we do not suspect [that it became trefe].20Walking is adequate proof that the animal was not injured by the fall to the extent that it would no longer survive. Since it walks, we assume that it is healthy and do not require an internal examination, as stated in Halachah 17. The Kessef Mishneh emphasizes that this applies only when the animal stood up on its own and then walked. If it was lifted up by others, we harbor suspicions. Similarly, he quotes authorities who maintain that it must walk in an ordinary manner. If it limps as it proceeds, an inspection is required. See Rama (Yoreh De'ah 58:6).
In his Shulchan Aruch (Yoreh De'ah 58:5), Rav Yosef Caro quotes the opinion of the Rashba who writes that even if an obvious change was seen in its organs, as long as it was able to stand and walk, we do not suspect that it has become trefe.
If it stood, but did not walk, we harbor such suspicions.21And require an inspection. If it jumped [from the roof] on its own [initiative], we do not harbor suspicions.22For we assume that it prepared itself and jumped in a manner that would not cause injury. The Shulchan Aruch (Yoreh De'ah 58:11) states that this applies even if the animal is not able to walk afterwards. If [a person] left his animal on the roof and found it on the ground, we do not suspect that it fell.23We assume that it jumped intentionally, as explained above.", + "When bulls butt each other, we do not harbor suspicions.24We do not assume that their inner organs were crushed, because this is ordinary behavior. If one falls to the ground, we do harbor suspicions.25Chullin 51a states that we harbor suspicions, not because of the butting, but because the animal fell and we fear that it was injured by the fall. Similarly, [if we see] an animal dragging its feet, we do not suspect that its organs were crushed or that its backbone was severed.26I.e., if we do not know that it fell.", + "When thieves steal lambs and throw them outside the corral, we do not suspect that their organs were crushed, because they throw them only with the intent that they will not be broken.27Otherwise, the stolen animal will not be of any benefit to them. If they returned them and threw them back to the corral because of fear,28I.e., the fear of being caught. we suspect that they [may have become trefe].29For the thieves will not show any care for the animal while throwing it back into the corral. If they returned them out of a desire to repent, we do not harbor suspicions about [the lambs], because [the thieves] have the intent of returning them intact and therefore they will be careful when throwing them back.", + "When an ox was forced to lie down for slaughter, we do not suspect [that its internal organs were crushed]. [This applies] even if it fell considerably to the extent that it made a great noise30Rashi (Chullin, loc. cit.) interprets this as meaning that the ox bellowed, but this does not appear to be the Rambam's understanding. when it fell. [The rationale is that] it implants its hooves into it and strengthens itself until it falls to the ground.31I.e., it is aware that they are trying to push it to the ground and it fights against them, thus lessening the impact of its fall. The Rama (Yoreh De'ah 58:10) writes that if the ox's feet are tied when it is pushed to the ground, we do suspect that it may have become trefe. For when its feet are tied, it cannot control its fall.", + "If one struck an animal on its head and the blow extended toward its tail or [one hit it] on its tail and the blow extended toward its head - even if one struck it on the entire backbone - we do not suspect [that it became trefe]. If the staff had bulges at different points, we harbor suspicions [concerning the animal].32For the blows dealt by the bulges will be far more severe. Hence the backbone must be inspected to see that it is intact. See Turei Zahav 32:4. If the head of the staff reached a portion of the backbone,33In the previous clauses, the head of the staff did not carry with the brunt of the blow, because the lower portion of the staff struck the animal's body first. Here we are speaking about a situation where the first and primary focus of the blow is delivered to the backbone by the top of the staff. This is a far more dangerous situation. we harbor suspicions. Similarly, we harbor suspicions if he struck the animal across the breadth of the backbone.34For the entire blow is focused on one point of the spinal cord.", + "When a fowl is knocked against a firm article,35Or conversely, if a firm article like a stone falls upon it [Rama (Yoreh De'ah 58:2)]. e.g., a heap of grain, a mound of almonds, or the like, we suspect that its organs may have been crushed. If, by contrast, it is knocked against something soft, e.g., a folded garment, straw,36I.e., a mound of loose straw. Straw that has been bundled, by contrast, is considered as a firm article (Chullin 51b)., ashes, or the like, we do not harbor such suspicions.", + "[The following rules apply when a fowl's] wings became stuck with glue37One of the techniques with which hunters would trap wild fowl would be to set traps for them which would glue their wings to boards or other articles that prevented them from flying. when it was being captured and it received a blow. If only one wing became stuck, we do not suspect [that it became trefe].38For by flapping the other wing, it will slow its fall and lessen the impact. If both of its wings became stuck and it receive a blow on its body, we harbor suspicions.39For there is nothing to soften the blow.", + "[The following rules apply if] it is knocked against water.40It was snared and fell unto a river. If it swam for its full height upriver, against the current, we do not suspect [that it became trefe].41For this exertion indicates that the animal is fundamentally healthy. It is equivalent to - or exceeds - the walking mentioned in Halachah 9. If, however, it swims downriver, with the current, we harbor suspicions, for perhaps the water is carrying it.42In a still body of water that has no current, any swimming is a sign of health (see Siftei Cohen 58:10). If it advances toward straw or hay that is floating on the river, it is swimming on its own power and we do not harbor suspicions.", + "In all situations where we said: \"We do not harbor suspicions,\" it is permitted to slaughter [the animal] immediately and it is not necessary to check whether an organ was crushed. In all situations where we said: \"We harbor suspicions,\" if one slaughters the animal, one must check its entire internal category from the head to the hind-thigh.43The Shulchan Aruch (Yoreh De'ah 58:3) quotes the Rambam's ruling. As mentioned above, the Rama (Yoreh De'ah 58:6) states that in the present age, we are not knowledgeable with regard to conducting these examinations and an animal is permitted only if it walks after falling or receiving a blow. If any of the factors that render an animal trefe mentioned above were discovered or one of the inner organs was crushed to the extent that its form was destroyed, [the animal] is trefe. Even if one of the organs whose removal does not render the animal trefe,44The Ra'avad differs and maintains that there is an unresolved doubt with regard to the ruling in this instance. As mentioned, the Shulchan Aruch follows the Rambam's position.
The Kessef Mishneh explains the Rambam's ruling as follows: Since Chullin 51a states that if the uterus is crushed, it is not significant, we conclude that the crushing of all other internal organs is significant. Otherwise, it would not be necessary to single out the uterus. Moreover, he explains that crushing an organ can be more painful and more injurious to an animal than removing it.
e.g., the spleen or the kidneys, is crushed, [the animal] is trefe. [There is] an exception, the uterus; if it is crushed, the animal is permitted.", + "[The gullet and the windpipe] do not require examination in these situations, for a fall will not crush them.", + "When an animal fell from a roof and did not stand [afterwards],45I.e., if it stands - even if it does not walk - it can be slaughtered immediately and deemed acceptable through an examination, as above. it is forbidden to slaughter it until one waits an entire day.46For sometimes the effects of a fall are not immediately evident. It is possible that an animal would be inspected and no difficulty found, but in truth, the effects of the fall would be enough to kill it. To reduce the possibility of such an occurrence, Chullin 51b requires waiting an entire day before slaughtering the animal. See Kessef Mishneh. If one slaughtered it during this time, it is trefe. When one slaughters it after a day has passed, an examination is required, as we explained.47See Halachah 17.", + "Similarly, if a person treaded on a fowl48Chullin 56a describes such a situation with regard to an animal. The Rambam speaks of a fowl instead, for this is a more commonplace possibility. with his feet, an animal trampled it, or it was crushed against a wall and it is in its death throes, we leave it alive for a day. Afterwards, we slaughter it and examine it,49Lest its organs have been crushed. as we stated.", + "When the majority of [the windpipe and the gullet were separated50This addition is made on the basis of the Kessef Mishneh and the Shulchan Aruch (Yoreh De'ah 33:10). and] hang loosely, [the animal] is trefe. [This applies] even if [this condition occurs] due to reasons other than a fall.51Nevertheless, the Rambam mentions this condition here in connection with an animal that has fallen, because this is the most frequent situation in which this condition will occur. Similarly, if they became folded over,52They came loose from the place where they are attached within the throat area. See Chapter 3, Halachah 14, and Chapter 8, Halachah 23. [the animal is unacceptable,] because they are no longer fit for ritual slaughter.53The Kessef Mishneh states that the Rambam rules that the animal is unacceptable, not because it would die because of this condition, but because it is impossible to slaughter it correctly. If, by contrast, [even though] the majority54If, however, the entire throat became loose from the jaw, the animal is trefe. For the gullet and the windpipe themselves, however, must remain taut and this is impossible if the entire throat has become loose (Kessef Mishneh). of the throat55I.e., the area referred to by the halachic term \"the entrance to the gullet.\" was set loose from the jaw-bone, [the animal] is permitted, for the throat area is not fit for ritual slaughter, as we explained.56Chapter 1, Halachah 6." + ], + [ + "What is meant by the term sheburah?1Sheburah is also one of the eight categories of trefot mentioned in Chapter 5, Halachah 2. The term literally means \"broken.\" That the majority of [an animal's] ribs are broken. An animal has eleven ribs2An animal also has several smaller ribs, but they're being broken does not impair the animal's functioning. on either side of its body. If six were broken on one side and six on the other, or eleven were broken on one side and one on the other, [the animal] is trefe. [This applies] provided it is the half that faces the backbone3I.e., the portion close to the backbone. If the ribs are broken there, the animal's functioning can be impaired. If they are broken closer to the chest, the impairment will be less severe. and not the half that faces the chest.", + "When six [ribs] were broken on either side, [the animal] is trefe [only] when they are large ribs that have marrow. If not, even though they represent the majority of the animal's ribs and they were broken facing the backbone, [the animal] is permitted.
Similarly, if the majority of the ribs were uprooted, [the animal] is trefe. [Moreover,] if even one rib is uprooted together with half of the vertebra in which it is lodged, it is trefe. Similarly, if even one vertebra was uprooted from the backbone, it is trefe, even if was a vertebra that is below the flanks where there are no ribs.", + "[The following rules apply when] the thigh of an animal has slipped from its place and has left its socket. If its sinews, i.e., the peg-like projections from the bones of the socket which extend toward the bone that enters the socket4Speaking in analogy, the Rambam refers to this as \"the male\" bone. and holds it have degenerated, [the animal] is trefe.5The Ra'avad states that if the thigh is dislocated from its upper socket, the animal is trefe even if the sinews have not degenerated. According to the Ra'avad, the law stated by the Rambam applies when the thigh is dislocated from its lower socket. The Shulchan Aruch (Yoreh De'ah 55:2) follows the Rambam's perspective. The Rama mentions that there are opinions that maintain that in the present age, we are not knowledgeable with regard to the determination of whether the sinews have degenerated and we should rule an animal trefe whenever its thigh has dislocated. He advises following these views whenever there is not a significant loss involved. If they have not degenerated, it is permitted.6Similarly, even if they have degenerated, but the bone has not slipped out of its socket, the animal is permitted. As long as the bone is in its socket, we assume that the sinews will regenerate [Maggid Mishneh; Rama (Yoreh De'ah 55:2)].", + "Similarly, with regard to a fowl, if its hip is dislocated,7And the sinews have degenerated (Kessef Mishneh). it is trefe. If its wing is dislocated from its socket, we fear that it perforated the lung.8I.e., the dislocation of the wing is not sufficient to render the fowl trefe in its own right. Nevertheless, we fear that perhaps it perforated the lung and hence require an examination. Therefore we conduct an examination.9And inflate the lung [Shulchan Aruch (Yoreh De'ah 53:3)]. Afterwards, it may be eaten. When the foreleg of an animal is dislocated from its socket, it is permitted. We do not harbor any suspicions.10For the shoulder socket is substantial and will prevent the arm bone from perforating the lung (Kessef Mishneh). The Rama (Yoreh De'ah 52:1) quotes views that rule that an animal is trefe if its arm is broken close to its body and there are signs of internal bleeding.", + "When a portion of the skull of a domesticated animal or wild beast the size of a sela11As mentioned above, a sela is one third of a handbreadth wide. Thus its diameter is 2.6 cm according to Shiurei Torah and 3.2 cm according to Chazon Ish. was removed, [the animal] is trefe even though the membrane was not perforated. If a skull was perforated by a number of small holes that [detract from the skull's] substance, they are all added together [to see if their combined size equals] a sela.", + "Similarly, if the majority of the height12I.e., the majority of the portion of the skull from the eyes up (Rashi, Chullin 52b). and the majority of the circumference of a skull was crushed, [the animal] is trefe, even though its membrane is intact and it is not lacking any substance. If the majority of its height was crushed, but the majority of its circumference was intact or the majority of its circumference was crushed, but the majority of its height was intact, there is an unresolved doubt whether [the animal] is trefe or not.13This question is left unresolved by Chullin, loc. cit. It appears to me that we forbid it.14The Kessef Mishneh clarifies why it is necessary for the Rambam to make this statement, seemingly, it is obvious. Whenever there is an unresolved question concerning a Torah prohibition, we rule stringently. He explains that it is possible to interpret the Talmud's question is implying that in one circumstance, when the majority of the skull's height alone is crushed or the majority of its circumference alone is crushed, the animal is kosher, but we are unsure of which one. Therefore the Rambam must clarify that because of the doubt, both situations are forbidden.", + "When the bones of the skull of a water fowl, e.g., a goose, is perforated,15Even the smallest perforation can render the fowl trefe (Kessef Mishneh). [the fowl] is trefe even though the membrane has not been perforated. [The rationale is that] the membrane is soft.16If it is not protected by the skull, it will most likely be perforated in the near future (Rashi, Chullin 56a).
[The following procedure should be adhered to when] a weasel struck17The Kessef Mishneh explains that we are speaking about a situation where the weasel bit the fowl on the skull. If it struck it with its paws, the fowl is trefe, because it is a derusah, as stated in Chapter 5, Halachah 6. a land fowl on the head or it was struck by a stone or a piece of wood. One places his hand next to the hole and applies pressure or he inserts his hand into the fowl's mouth and applies pressure upward. If [the fowl's] brain emerged from the hole, it can be concluded that the membrane has been perforated and it is trefe. If not, it is permitted.18According to the Rambam, both of these procedures are equally effective (Kessef Mishneh). The Rama (Yoreh De'ah 30:2) writes that in the present age, we are not knowledgeable with regard to this process of examination and should rule that a fowl is trefe whenever its skull is perforated.", + "When an animal's blood pressure causes it to choke,19Our translation is based on Rav Kapach's translation of the Rambam's Commentary to the Mishnah (Chullin 3:5). it was affected by a black gall bladder secretion20Here also our translation follows the above source. Rav Kapach draws support for his interpretation from Psalms 74:1. or a white gall bladder secretion,21Which, when not released according to the proper measure causes the animal to become very heavy and to have difficulty moving (ibid.). It must be emphasized that other commentaries offer different interpretations of all three of these conditions. it ate a poison which kills animals, or drank fowl water, it is permitted.22In this context, the commentaries have cited Hilchot Ma'achalot Assurot 4:11: \"When an animal is sick because it is weakened and is on the verge of death, it is permitted, because it did not suffer a wound in any one of the limbs and organs that will cause it to die. For the Torah forbade only those situations resembling an animal mortally wounded by a preying wild beast. In that situation, the animal wounded it with a blow that caused it to die.\" If it ate a poison that could kill a human or it was bitten by a snake or the like, it is permitted with regard to the laws of trefe, but it is forbidden because of the mortal danger [partaking of it could cause].23For the poison or the venom could kill the person who partakes of the animal's meat. See Hilchot Rotzeach UShemirat Nefesh 12:1. 24. The Kessef Mishneh explains the basis for the Rambam's reckoning: Whenever a condition that causes an animal to be deemed trefe is mentioned explicitly by the Talmud, it is considered as being in a separate category even though it is a derivative of another category. For example, the degeneration of the bronchioles is considered a separate category even though it is a derivative of the category of the perforation of the bronchioles.", + "Thus the total number of conditions that cause a domesticated animal or a wild beast to be deemed trefe when singled out are seventy. They are: 1) an animal that has been attacked;24See Chapter 5, Halachah 4 ff.
2) the perforation of the entrance to the gullet;25See Chapter 6, Halachah 2.
3) the perforation of the membrane of the brain;26See Chapter 6, Halachah 3.
4) the degeneration of the brain itself;27See Chapter 6, Halachah 4.
5) the perforation of the heart itself to its cavities;28See Chapter 6, Halachah 5.
6) the perforation of the arteries leading from the heart;29See Chapter 6, Halachah 4.
7) the perforation of the gall-bladder;30See Chapter 6, Halachah 6.
8) the perforation of the arteries of the liver;31See Chapter 6, Halachah 8.
9) the perforation of the maw;32See Chapter 6, Halachah 10.
10) the perforation of the stomach;33See Chapter 6, Halachah 11.
11) the perforation of the abdomen;34See Chapter 6, Halachah 10.
12) the perforation of the gut;35See Chapter 6, Halachah 10.
13) the perforation of the digestive organs;36See Chapter 6, Halachot 13-14.
14) the digestive organs protruded outside the animal's body and became overturned;37See Chapter 6, Halachah 15.
15) the perforation of the thick portion of the spleen;38See Chapter 6, Halachah 19.
16) a lack of a gall-bladder;39This - and the instances mentioned in situations 18, 20, 22, 24, and 26 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever the perforation of an organ causes an animal to be deemed trefe, the animal is also deemed trefe if that organ is lacking.
The Kessef Mishneh explains that the Rambam's mentions a lack of only those organs that an animal could exist for a brief time without. If, however, it is impossible for an animal to exist at all without these organs, e.g., the brain and the heart, it is improper to call the animal trefe. Instead a more severe term is appropriate.

17) being born with two gall-bladders;40This - and the instances mentioned in situations 19, 21, 23, 25, and 27 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever an animal to be deemed trefe if organ is lacking, the animal is also deemed trefe if it possesses two of that organ.
18) a lack of a maw;
19) being born with two maws;
20) a lack of a stomach;
21) being born with two stomachs;
22) a lack of an abdomen
23) being born with abdomens;
24) a lack of a gut;
25) being born with two guts;
26) a lack of one of the digestive organs;
27) being born with an extra digestive organ;
28) the perforation of the lung;41See Chapter 7, Halachot 1-2.
29) the perforation of the windpipe in a place where it is not fit for ritual slaughter;42This - and the instances mentioned in situations 19, 21, 23, 25, and 27 - are derived from the principle stated in Chapter 6, Halachah 20, that whenever an animal to be deemed trefe if organ is lacking, the animal is also deemed trefe if it possesses two of that organ.
30) the perforation of the bronchioles of the lungs, even if it is covered by another one;43See Chapter 7, Halachah 3.
31) a portion of the lungs has become closed;44See Chapter 7, Halachah 6.
32) the degeneration of one of the bronchioles of the lungs;45See Chapter 7, Halachah 9.
33) the discovery of putrid fluid in the lungs;46See Chapter 7, Halachah 10.
34) the discovery of putrid liquid in the lungs;47See Chapter 7, Halachah 9.
35) the discovery of murky liquid in [the lungs] even if it has not become putrid;48See Chapter 7, Halachah 9.
36)the degeneration of the lung;49See Chapter 7, Halachah 12.
37) a change in the lung's appearance;50See Chapter 7, Halachot 15-19.
38) the reversal of the gullet's appearance;51See Chapter 7, Halachah 21.
39) a lack of one of the required number of lobes of the lung;52See Chapter 8, Halachot 1-2.
40) a change in the order of the lobes;53See Chapter 8, Halachah 3.
41) the addition of a lobe on the back [of the lung];54See Chapter 8, Halachah 4.
42) the attachment of one lobe to another out of the ordinary order;55See Chapter 8, Halachah 5.
43) the discovery of a lung without division into lobes:56See Chapter 8, Halachah 7.
44) the lack of a portion of the lung;57See Chapter 8, Halachah 5.
45) a portion of the body of the lung is dried out;58See Chapter 8, Halachah 5.
46) the discovery of the lung in an inflated state;59See Chapter 8, Halachah 8.
47) a lung became shriveled because of fear of humans;60See Chapter 8, Halachot 9-10.
48) the lack of a hindleg; whether from birth or because it was cut off;61See Chapter 8, Halachot 11-12.
49) the possession of an extra leg;62See Chapter 8, Halachah 11.
50) the removal of the junction of the sinews;63See Chapter 8, Halachot 13, 15-18.
51) the removal of the liver;64See Chapter 8, Halachot 21-22.
52) the removal of the upper jaw-bone;65See Chapter 8, Halachah 23.
53) a kidney that became extremely undersized;66See Chapter 8, Halachah 26.
54) a kidney that has become afflicted;67See Chapter 8, Halachah 23.
55) the discovery of fluid in the kidney;68See Chapter 8, Halachah 23.
56) the discovery of murky liquid in the kidney, even if it is not putrid;69See Chapter 8, Halachah 23.
57) the discovery of putrid liquid in the kidney;70See Chapter 8, Halachah 23.
58) the severance of the spinal cord;71See Chapter 9, Halachah 1.
59) the softening and degeneration of the spinal cord;72See Chapter 9, Halachah 2.
60) the ripping open of the majority of the flesh that covers the belly;73See Chapter 9, Halachot 5-6.
61) the removal of [an animal's] skin;74See Chapter 9, Halachah 7.
62) the crushing of [an animal's] organs due to a fall;75See Chapter 9, Halachot 8-9.
63) the slippage of the gullet and windpipe;76See Chapter 9, Halachah 21.
64) the breaking of the majority of [the animal's] ribs;77Halachah 1 of the present chapter.
65) the uprooting of the majority of the ribs;78Halachah 2 of the present chapter.
66) the uprooting of one rib together with its vertebra;79Halachah 1 of the present chapter.
67) the uprooting of one vertebra; 80Halachah 1 of the present chapter.
68) the slippage of the thigh from its socket;81Halachah 3 of the present chapter.
69) the lack of a portion of the skull the size of a sela;82Halachah 5 of the present chapter.
70) the crushing and smashing of the majority of the skull;83Halachah 5 of the present chapter.", + "These seventy conditions of infirmity which cause a domesticated animal or a wild beast to be forbidden as a trefe were each explained together with all the particular laws. All of the possible parallels that can be found with regard to a fowl in the organs that are common to an animal and a fowl are the same with regard to an animal and a fowl. The only exceptions are the conditions that render an animal trefe in the kidneys, the spleen, and the lobes of the lung. For a fowl does not have a division of lobes like an animal does. If there is such a division, there is no fixed number. The spleen of a fowl is round like a grape and is not the same shape as that of an animal.84Therefore the distinction between its thick and thin end that applies with regard to an animal does not apply with regard to a fowl. The Shulchan Aruch (Yoreh De'ah 43:6) rules that a perforation of the spleen does not render a fowl trefe. The Siftei Cohen 43:10, however, quotes opinions that rule that a perforation does render it trefe. [The conditions of infirmity] concerning the kidneys and the spleen [that render] an animal trefe were not mentioned in order to find parallels with regard to a fowl. Therefore no set measure was given concerning a fowl with regard to a kidney whose size was reduced. Similar concepts apply in other analogous situations.85I.e., other factors concerning a kidney which render an animal trefe, as mentioned in Chapter 8, Halachah 26. The Shulchan Aruch (Yoreh De'ah 44:10) states bluntly: \"There are no factors involving the kidneys of a fowl that render it trefe.\"", + "There are two conditions that render a fowl trefe in addition to those that render an animal [trefe] despite the fact that [an animal] also possesses these organs. They are: a) a fowl whose digestive organs have changed color because of [exposure to] fire;86See Chapter 7, Halachot 20-21. An animal will not be affected in this way, because his ribs will protect him and the skin of his digestive organs are stronger than that of a fowl. The Ra'avad differs and states that if an animal is subjected to heat and it burns its internal organs to this degree, it will surely die immediately. Therefore, our Sages did not mention it as a trefe. The Kessef Mishneh notes that there are two other conditions that render a fowl trefe. They involve perforations in the stomachs. Since parallel - albeit not identical - conditions apply with regard to an animal, the Rambam does not list them as separate categories.
b) a water fowl whose skull bone has been perforated.87See Halachah 7 of this chapter. This stringency applies only to a water fowl, because its membrane is very soft.", + "One should not add to these conditions that render an animal trefe at all.88Chullin 54a makes this statement, implying that in the Talmudic era, these rulings were already established. For any condition that occurs with regard to a domesticated animal, wild beast, or fowl aside from those listed by the Sages of the early generations and which were agreed upon by the courts of Israel can possibly live. [This applies] even if it is known to us according to medical wisdom that ultimately it will not live.89Kin'at Eliyahu cites Hilchot Kiddush HaChodesh 17:24 which states:
Nevertheless, since these concepts can be proven in an unshakable manner, leaving no room for question, the identity of the author, be he a prophet or a gentile, is of no concern. For when the rationale of a matter has been revealed and has proven truth..., we do not rely on [the personal authority of] the individual who made the statement... but on the proofs he presented.
From that perspective, it would appear that the empirical evidence with which science presents us should be followed. Nevertheless, in this source, the Rambam is very adamant in following the Rabbinic perspective. See Chapter 8, Halachah 25, as a clear example.
", + "Similarly, with regard to those [conditions] which [our Sages] listed as [causing an animal to be] deemed trefe even though it appears from the medical knowledge we possess that some of them will not kill and it is possible for the animal to live - we follow only what the Torah says,90The Rama (Yoreh De'ah 57:18) states that even if the animal survives for over a year, it is still deemed trefe and it is forbidden to partake of it. as [Deuteronomy 17:11] states: \"According to the Torah in which they will instruct you.\"91Kin'at Eliyahu cites Hilchot Kiddush HaChodesh 17:24 which states:
Nevertheless, since these concepts can be proven in an unshakable manner, leaving no room for question, the identity of the author, be he a prophet or a gentile, is of no concern. For when the rationale of a matter has been revealed and has proven truth..., we do not rely on [the personal authority of] the individual who made the statement... but on the proofs he presented.
From that perspective, it would appear that the empirical evidence with which science presents us should be followed. Nevertheless, in this source, the Rambam is very adamant in following the Rabbinic perspective. See Chapter 8, Halachah 25, as a clear example.
", + "Whenever a butcher is knowledgeable about these [conditions that cause an animal to be deemed] trefe and he has established a reputation for observance, he may slaughter [animals], inspect them himself, and sell them without any suspicion. [The rationale is the word of] one witness is accepted with regard to the Torah's prohibition whether his testimony will lead to benefit for him or not.
We already explained92Hilchot Ma'achalot Assurot 8:7-9. that we do not purchase meat from a butcher who slaughters and inspects [the animal] himself in the Diaspora or [even] in Eretz Yisrael in the present age unless he established a reputation as an expert. If he sold an animal that was trefe, we place him under a ban of ostracism and remove him from his position.93The Maggid Mishneh writes that although he is not permitted to sell meat on his own, he is permitted to sell under the supervision of a trustworthy expert.
The Rama (Yoreh De'ah 2:2) rules leniently concerning this manner and allows such a person to continue slaughtering in certain situations. The Siftei Cohen 2:11 questions this leniency.
He cannot reestablish his credibility until he goes to a place where his identity is not recognized and he returns a lost article that is very valuable or [slaughters an animal] for himself and declares it trefe even though it involves a significant loss." + ], + [ + "[The following principles apply] whenever a situation arises that creates a doubt that an animal or fowl should be deemed trefe because of one of the above conditions - e.g., an animal that fell and did not walk, it was attacked by a wild beast and we do not know whether the flesh near the intestines turned red or not, its skull was crushed and we do not know if the majority of the skull was crushed or not, or other similar circumstances: If the animal was male and it remained alive for twelve months, we operate on the assumption that it is intact like all other animals. If it was female, [we wait] until it gives birth.1I.e., if it gives birth successfully, that is a sign that it is intact. There is no need for an inspection or waiting twelve months. Even the Rama who maintains that in the present age, we are not knowledgeable with regard to inspections will consider an animal acceptable if it lives this amount of time (Yoreh De'ah 57:18).
With regard to a fowl: If it is male, [we wait] twelve months. If it is female, [we wait] until it lays all the eggs that it is carrying, spawns a new load, and lays them.", + "During this course of time, it is forbidden to sell an animal concerning which doubt has arisen whether it is a trefe to a gentile lest he sell it to a Jew.2Without informing him of the doubt involved.
The Rama quotes the Sha'arei Dura who writes that if a condition that renders an animal trefe is obvious, we permit its sale to a gentile. For a Jew who seeks to purchase it will immediately become aware of the difficulty.
The Rama also mentions the ruling of the Terumat HaDeshen that if there is merely a question of whether an animal is trefe, it may be sold to a gentile. The Siftei Cohen 57:51 accepts this leniency only with regard to an animal regarding which there is a question whether or not it was attacked, but not with regard to other conditions.
", + "We operate under the presumption that all domesticated animals, wild beasts, or fowl are healthy3Chullin 11b explains that this is based on the principle that we follow the majority. Since most animals are healthy we assume that this is an animal's condition unless there is reason to suspect otherwise. Note, however, Halachah 7. and we do not suspect that they possess conditions that would render them trefe. Therefore when they are slaughtered in the proper manner, they do not require an examination to see whether they possess a condition that would render them trefe. Instead, we operate under the presumption that they are permitted unless a situation arises that arouses suspicion.4Based on Chullin 51a, the Kessef Mishneh goes further and states that even if the animal possesses a condition that is somewhat problematic, if we can find a commonplace explanation for it that will not render an animal trefe and the factor that will render it trefe is uncommon, we do not require an examination. Afterwards, we inspect it with regard to that condition alone.", + "What is implied? For example if the wing of a fowl is displaced, we check the lung to see if it was perforated.5See Chapter 10, Halachah 4. If an animal fell, we check it to see if its organs were crushed.6See Chapter 9, Halachah 17. If the skull was crushed, we check the membrane of the brain to see if it was perforated.7See Chapter 10, Halachah 7. If it was struck by a thorn or shot by an arrow, a javelin, or the like and it entered its inner cavity, our suspicions are aroused and we require an inspection of the entire inner cavity lest it have perforated one of the organs whose perforation renders an animal trefe. Similar laws apply in all analogous situations.", + "Therefore when there are growths on a lung or sirchos upon it - i.e., strands or adhesions - hanging from it to the ribcage, the heart, or the diaphragm, we suspect that it was perforated and require an inspection.8I.e., the strands and similarly, the other conditions the Rambam proceeds to mention, are abnormal factors that lead us to the supposition that there was a perforation in the lung. See Chapter 7, Halachot 5-11 that mention several situations of this nature. Similarly, if a swelling was found that contained fluid, we fear that a bronchiole below it was perforated and [the lung] must be inspected.9The Ra'avad objects to the Rambam's ruling, maintaining that even if the swelling is an indication that the bronchiole has been perforated, that does not disqualify the animal, for it is possible that it is sealed by flesh. The Radbaz explains that the Rambam would also accept that ruling and one of the points that one must inspect is whether there is flesh under the swelling or not.", + "[Following the logic] of this law, [the following rules] would apply if it was discovered that sirchos like strands were hanging from the lung, whether they extended from the body of the lung to the ribcage or to the heart or to the diaphragm. We cut the sirchah, take out the lung, and [place it] in lukewarm water, and blow it up.10See Chapter 7, Halachah 8. As mentioned in the notes to that halachah, there is a difference of opinion among the Rishonim concerning this issue.
The Ra'avad also mentions that the Rambam's ruling here appears to contradict his ruling in Chapter 7, Halachah 5. For there, the Rambam differentiates between whether or not there is a bruise on the chest, and there he does not speak of inspecting the lung in warm water. In a lengthy discussion in his gloss to Chapter 7, the Kessef Mishneh explains that there is no contradiction between the two rulings.
If it is discovered to be perforated,11I.e., if the water bubbles. [the animal] is trefe. If the water does not bubble, it is intact, without any perforations, and [the animal] is permitted. For [the sirchah] was not at the place of a perforation12There is a difference of opinion among the halachic authorities if this situation is possible or not. or perhaps only the outer membrane [of the lung] was perforated. Nevertheless, I never saw anyone who ruled in this manner, nor did I hear of a place that follows such practice.13I.e., as the Rambam proceeds to explain in the following halachah, the common custom is more stringent.", + "Even though this is what appears [to be the ruling] from the words of the Sages of the Gemara, the widespread custom among the Jewish people is as follows: When a domesticated animal or a wild beast is slaughtered, we tear open the diaphragm and check the lung in its place.14See the Shulchan Aruch (Yoreh De'ah 39:1) which states that we must check the lungs for sirchot and concludes: \"Whoever breaks ranks and eats without checking [the lung] should be bitten by a snake.\" If a sirchah is not discovered hanging between the one of the lobes and the flesh where it lies, whether on the flesh that is between the ribs or the flesh on the breastbone,15For as stated in Chapter 7, Halachot 3-4, even a perforation found in this place does not render the animal trefe. or a sirchah was found, extending from one lobe to the other in order,16For as stated in Chapter 8, Halachah 5, an adhesion of such a type does not render the animal trefe. or from the body of the lung to the lobe which is next to it,17See the notes to Halachah 9. Depending on the version of that text, the Rambam's ruling concerning this matter may be questioned. we permit [the animal].18The Rama 39:18 writes that it is common custom in the Ashkenazic community to rule that all sirchot in the lung cause an animal to be deemed forbidden except those extending from a lobe to the lobe next to it or those from the body of the lung to the lobe next to it. He does, however, permit leniency if it is possible to rub out the sirchah and then examine it to see that there is no perforation.", + "If a strand is discovered leading from the lung to any place which it is extended, even if it is thin as a hair, we forbid [the animal].19I.e., except to the lobe that is near it (Radbaz).", + "Similarly, if there was a strand extending from the lung to the heart, the diaphragm, the protective covering of the heart, or the rose,20See Chapter 8, Halachah 1, which explains that this is a tiny lobe found on the right side of the lung. we forbid [the animal]. [This applies] whether the strand came from the body of the lung or whether it came from a lobe and [applies regardless of its size], even if it was a hairsbreadth.21For we fear that it will cause a perforation in the lung. See the gloss of the Radbaz to Halachah 6.
Similarly, when the rose is attached to its pocket or a strand extends from it to its pocket, we forbid it. And when a strand extends from lobe to lobe in improper order, we forbid [the animal].22The text of the Mishneh Torah which the Ra'avad had seemed to apply that even a strand extending from the body of the lung to the lobe is unacceptable. The Ra'avad therefore protests and maintains it is acceptable. The Migdal Oz states that he also saw texts of the Mishneh Torah with this version, but that the authoritative manuscripts do not follow that reading. This is also the position of the Kessef Mishneh.", + "There are places where the custom is that if a sirchah is from the lobe to the flesh and the bones of the ribs and the sirchah is attached to both of them, they forbid it.23If the sirchah is attached to the flesh alone, it does not cause an animal to be considered trefe (see Chapter 7, Halachah 4). Here, however, it is attached to both the flesh and the bone and that creates the problem. My father and teacher is from those who forbid it. I, by contrast, am one of those who permit it.24The Shulchan Aruch (Yoreh De'ah 39:18) cites the Rambam's position.
Parenthetically, the commentaries have questioned the Rambam's statements here from the standpoint of kibud av, \"honoring one's father.\" Seemingly, after mentioning his father, he should have stated - as he himself rules in Hilchot Mamrim 6:5 - \"May he be remembered for the life of the world to come.\" Also, that same source (Halachah 3) forbids \"offering an opinion that outweighs [that of his father].\"
In a small number of places, they permit it even when it is attached to the bone alone, and I forbid it.25The Ra'avad follows the more lenient view. Here also the Shulchan Aruch (loc. cit.) cites the Rambam's position.", + "There are places where a lung is [always] blown up to see whether or not it is perforated. In most places, however, it is not blown up, because there is no factor that raised a suspicion [concerning it]. In Spain and in the West, we never blew up a lung unless there was a factor that caused suspicion.26The Rama (Yoreh De'ah 39:1) mentions both the custom of blowing up the lung in all cases and the Rambam's position that it is not necessary to blow up all lungs. He concludes that the Rambam's position should be given primacy.", + "All of these factors27I.e., the stringencies forbidding an animal because of certain sirchot and requiring the lungs to be blown up. are not dictated by law, but rather are a result of custom, as we explained.28Halachot 6 and 7. I never heard of anyone who had a fowl's lung inspected unless a factor that raised suspicions arose.29At present, there are certain Rabbinic authorities who require that the lungs of a chicken be inspected, because in the present age, since chickens are raised in a manner very different from their natural circumstances, it is common for there to be difficulties with regard to their lungs.", + "If, [after] a person slaughtered an animal and cut open its belly, a dog or a gentile came, took the lung, and departed before [the slaughterer] checked the lung, [the animal] is permitted. We do not say that perhaps it was perforated or perhaps it was attached [to the bone], for we do not presume that [an animal] was forbidden.30If there is no evidence that a factor existed that caused the animal to become trefe, we do not assume that one existed. Even according to the custom that requires an animal to be checked, we are assuming only the possibility that it might have a disqualifying factor. If there is no way to check it, we assume that the animal is kosher.
The Ra'avad differs and maintains that since disqualifying factors involving the lung are common, if a lung was not inspected, we cannot consider the animal as kosher. The Shulchan Aruch (Yoreh De'ah 39:2) quotes the Rambam's view. The Rama mentions the position of the Ra'avad and states that the Rambam's position may be followed only when there is a possibility of severe financial loss.
Instead, we operate under the presumption that the animal is kosher unless we know what factor caused it to become trefe. Just like we do not suspect that the membrane of the brain was perforated, the backbone [was severed], or the like, we do not raise suspicions over a lung that has been lost. There are no customs regarding such a situation, because customs are not instituted with regard to factors that are not commonplace.", + "If a gentile or a Jew comes and takes out a lung before the lung was inspected, but the lung [still] exists, we blow it up.31Normally, we would not blow up a lung unless there was a factor that aroused suspicion. Nevertheless, in this instance, since we did not see it in its natural situation - and the possibility exists that there were such factors there - we require an examination. The Turei Zahav 39:2 states that, according to our custom [see Rama (Yoreh De'ah 39:4)] that we do not rely on an examination in a situation where there is a clearly problematic situation, we do not rely on an examination in this instance as well. [This applies] even if we do not know whether there were growths or not, because of the widespread custom.", + "There are places who rule that we forbid [an animal] if there are sirchot hanging from the lung, even if they are not attached to the chest or to another place. This practice causes great loss and the forfeit of Jewish money. This was never the custom in France or in Spain and it was never heard in the West. It is not proper to follow this custom. Instead, all that is necessary is to blow up [the lung]. If it is discovered to be intact without a perforation, [the animal] is permitted.32The Shulchan Aruch (Yoreh De'ah 39:8) rules that such an animal is permitted without the lung being inspected. The Turei Zahav 39:12 states that an examination must be conducted to see whether the lung is perforated or not.
This represents the difference between glatt meat and meat that is not glatt. Glatt means \"smooth,\" i.e., i.e., there are no sirchot, adhesions, or growths, extending from the animal's lungs. Thus there is no need to inspect it. When meat is not glatt, there were sirchot and/or the like extending from the lungs. They were inspected and no perforation was discovered. Hence, the meat is kosher. Nevertheless, there are many who follow the stringency of not partaking of it.
(It must be emphasized that, at present, glatt is sometimes used as a general term to connote a higher level of punctilious observance of the details of kashrus in general without specifically referring to questions concerning the lungs.)
" + ], + [ + "When a person slaughters an animal and its offspring on the same day, the meat is permitted to be eaten.1The Shulchan Aruch (Yoreh De'ah 16:3) mentions a difference of opinion concerning this matter, for some authorities forbid partaking of the meat. The Rama clarifies that the difference of opinion applies only with regard to the second animal. The first animal is permitted. Moreover, even the more stringent authorities maintain that the prohibition applies:
a) only that day, and
b) only for the transgressor himself. It is a penalty imposed upon him by the Sages and not a prohibition of Scriptural Law. See Maggid Mishneh; Turei Zahav 16:23.
The slaughterer, however, is punished by lashes,2Sefer HaMitzvot (negative commandment 101) and Sefer HaChinuch (mitzvah 294) include this prohibition among the 613 mitzvot of the Torah.
See Moreh Nevuchim, Vol. III, ch. 48, that states that this prohibition was given to us to prevent cruelty. For an animal will be severely aggrieved if its offspring or its mother is slaughtered before its eyes. Note, however, Hilchot Tefilah 9:7 where the Rambam emphasizes that the Torah's mitzvot were not given to us for the sake of any particular rationale. Note, however, the conclusion of Hilchot Temurah which explains that there are two dimensions to every mitzvah: that it is God's decree and that He issued that decree for a particular rationale. (See also Halachah 3 which indicates that the prohibition is a Divine decree, not limited to that rationale.)
as [Leviticus 22:28] states: \"Do not slaughter [an ox or a sheep]3The Torah (and the Rambam) use the masculine although the prohibition applies primarily to a mother and its offspring. See Halachah 11. and its offspring on one day.\" He receives lashes only for slaughtering the second animal. Accordingly, if one person slaughtered one of such a pair and another person slaughtered the second, [the one who slaughtered the second alone] receives lashes.", + "The prohibition against slaughtering [an animal] and its offspring applies in all times and in all places, with regard to ordinary animals and sacrificial animals. [With regard to the latter category, it applies] with regard to sacrifices of which we partake and with regard to sacrifices of which we do not partake.4For the prohibition concerns slaughter. Therefore if one slaughtered the first animal in the Temple courtyard and the second outside of it or the first outside the Temple courtyard and the second inside, the one who slaughtered the second animal receives lashes [for violating the prohibition against slaughtering] an animal and its offspring. [This applies] whether they were both ordinary animals,5And it is forbidden to slaughter an ordinary animal in the Temple courtyard. they were both sacrificial animals,6And thus may not be sacrificed outside the Temple courtyard. or one7I.e., either the one that was sacrificed inside the Temple or the one sacrificed outside. The point of these statements is, as stated in Halachah 6, even though the slaughter is not befitting, within the context of this prohibition, it is considered as ritual slaughter. was an ordinary animal and one, a sacrificial one.", + "The prohibition against slaughtering [an animal] and its offspring applies only with regard to ritual slaughter, as the verse states: \"Do not slaughter.\" [Implied] is that the prohibition involves the slaughter of both animals. If, however, one chopped off the head of one of them or it became a nevelah in his hand,8I.e., the slaughter was unacceptable. If, however, it was discovered that the animal was trefe, it is considered to have been slaughtered and it is forbidden to slaughter the second animal (Halachah 6, Siftei Cohen 16:18). it is permitted to slaughter [the other]. Similarly, if he slaughtered the first and chopped off the head of the second or it became a nevelah in his hand, he is not liable.", + "When a deaf-mute, an intellectually or emotionally incapable person, or a minor slaughtered the first animal privately,9If, however, they slaughtered under the supervision of a knowledgeable adult, their slaughter is acceptable (Chapter 4, Halachah 5). Hence, this prohibition applies. See Rama (Yoreh De'ah 16:9). it is permitted to slaughter the second animal afterwards because their slaughter is not considered as slaughter.10Hence it is equivalent to cutting off the head of the animal and the previous halachah applies.", + "When one slaughters the first animal, but a question arises whether it is a nevelah or not, it is forbidden to slaughter the second [animal].11For perhaps the animal was kosher and one would be violating the prohibition. If one slaughters it, he is not liable for lashes.12Because there is a doubt involved.", + "Slaughter from which it is not fit to eat is, nevertheless, considered slaughter. Therefore if the first person slaughtered an ordinary animal in the Temple courtyard,13Rambam LeAm questions why this concept is mentioned. It was already stated in Halachah 2. one which is trefe, an ox condemned to be stoned, a calf whose neck is to be broken, a red heifer, or slaughtered for the sake of a false deity,14In all these instances, it is forbidden to benefit from the slaughtered animal. (See Hilchot Nizkei Mammon 11:9; Hilchot Rotzeach 10:6, Hilchot Parah Adumah 1:7; Hilchot Avodat Kochavim 7:2.) a person who slaughters the second animal is liable. Similarly, if one slaughtered the first animal and another slaughtered the second though it is an ordinary animal in the Temple courtyard, an ox condemned to be stoned, a calf whose neck is to be broken, or a red heifer, [the second person] is liable for lashes.", + "When [the second animal] is slaughtered for the sake of a false deity,15Seemingly, the same principles stated in the previous halachah would apply in this instance. Nevertheless, in this case, there is another factor involved as the Rambam continues to explain. [the slaughterer] is not liable because of [the prohibition against slaughtering] an animal and its offspring, for he is liable for capital punishment.16As befits one who sacrifices to a false deity. One is not liable for both capital punishment and lashes for the same act. Since he is liable for capital punishment, he is not held liable for lashes. (See Ketubot 33b; Chullin 81b.) If, however, he was given a warning for [the prohibition against slaughtering an animal] and its offspring and was not given a warning for the worship of false deities,17I.e., when the witnesses administered the warning, they mentioned the lesser transgression and not the more severe one. he receives lashes.18For in this instance, he is not liable for the more severe punishment. There is a difference of opinion among the Sages of the Talmud concerning whether one is absolved from liability for lashes in such a situation or not and the halachah follows the opinion of Rabbi Yochanan who maintains that one is liable. See Ketubot 34b-35a, Chullin, loc. cit.", + "The prohibition against slaughtering [an animal] and its offspring applies only with regard to a kosher domesticated animal. [This is derived from the exegesis of Leviticus, loc. cit.]:19See the Sifra to the verse which states that the first excludes wild beasts and fowl. \"Do not slaughter [an ox or a sheep] and its offspring on one day.\"
[This prohibition] does apply with regard to hybrid species. What is implied? When a [male] deer mates with a [female] goat and one slaughters the goat and its offspring, one is liable. When, however, a [male] goat mates with a [female] deer and one slaughters the deer and its offspring, it is forbidden to slaughter [the deer and its offspring], if one slaughters them, however, one is not liable for lashes.20See the Turei Zahav 16:11 and the Siftei Cohen 16:16 who debate the rulings of the Rashba and the Maharshal who permit one to slaughter the deer and its offspring even as an initial and preferred option. The Torah forbade slaughtering a cow21I.e., a kosher domesticated animal. and its offspring and not a deer and its offspring.", + "If the offspring of this deer was female and it gave birth to offspring, one is liable for lashes should he slaughter the female offspring of this deer and its offspring [on the same day].22Since ultimately, the ancestor of the hybrid deer was a domesticated animal, we hold the slaughterer liable (see Chullin 80a). Although in his Kessef Mishneh, Rav Yosef Caro quotes the opinion of the Rashba who does not hold the slaughtered liable for lashes, in his Shulchan Aruch (Yoreh De'ah 16:8), he cites the Rambam's view. The Turei Zahav 16:12 and the Siftei Cohen 16:17 debate this issue and side with the more lenient views, questioning the Rambam's ruling in light of his position in Halachah 11. Similarly, if a hybrid species is produced by mating a sheep and a goat - regardless of which is male and which is female - [the slaughterer can be held liable for] lashes for [violating the prohibition against slaughtering] an animal and its offspring.", + "It is permitted to slaughter a pregnant animal. The fetus is considered as a limb of its mother.23And not a separate entity for whose slaughter one is held liable. If the fetus emerged alive after the slaughter of its mother and stepped on the ground,24If the fetus does not step on the ground, it need not be slaughtered (Hilchot Ma'achalot Assurot 5:14). Hence, the prohibition against slaughtering an animal and its offspring would not apply. one should not slaughter it on the same day. If one did, one is not liable for lashes.25The Tosefta states: Since it is not required to slaughter such an animal, one is not liable for slaughtering it together with its mother.", + "The prohibition against slaughtering [an animal] and its offspring applies with regard to a mother, for the offspring is certainly its own. If one knows with certainty that a male fathered offspring, the two should not be slaughtered on the same day. If one slaughtered [them together, however,] he is not liable for lashes, for there is a doubt whether or not the prohibition applies with regard to males.26This issue was apparently a matter of uncertainty for the Rambam, for in his Commentary to the Mishnah (Chullin 5:6) he revised his interpretation several times. His final text (see Rav Kapach's version which differs from the standard published text) parallels the text here. Note, however, Bechorot 7:7 which appears to refer to this prohibition with regard to males.", + "When a person slaughters a cow and afterwards slaughters two of its offspring, he is liable for two sets of lashes.27For he violated the prohibition twice. If he slaughters [several of] its offspring and then it, he is liable for [only] one set of lashes.28For he performed one forbidden act. If he slaughtered it, its female offspring and the offspring of its offspring, he is liable for two sets of lashes.29For in this instance as well, he violated the prohibition twice. If he slaughtered it, the offspring of its offspring and its female offspring, he is liable for [only] one set of lashes.30Although the same act caused two violations of the prohibition, since it was only one deed, the majority opinion in Chullin 82a only holds the person liable for set of lashes. As Rashi explains: There is one prohibition, one deed, and one warning.", + "When two people [each] purchased an animal: one the mother and one the offspring and they brought the matter for judgment,31I.e., they both desired to slaughter their animal that day. the one who purchased [the animal] first is allowed to slaughter it first,32The Shulchan Aruch (Yoreh De'ah 16:6) states that this law applies only when the two purchased the animals from the same person. If they purchased them from different individuals, neither has precedence over the other. the other one should wait until the next day. If the second purchaser slaughtered [his animal] first, he gains and the first must wait until the next day.", + "Four times a year, it is necessary for a person who sells an animal to a colleague to inform him that he already sold the mother or the daughter of the animal to another person for the sake of slaughtering it so that the latter purchaser will wait and not slaughter until the next day.33In other situations, it is not necessary to notify him, for it is not certain that either purchaser will slaughter the animal on that day. They are: the day preceding the final holiday of Sukkot,34This is the holiday of Shemini Atzeret/Simchas Torah, a day of great rejoicing. Hence it is appropriate that meat be part of the festive meals. On the first day of Sukkot, by contrast, because the people are involved in preparing a sukkah and a lulav, they do not have the energy for excessive celebration. the day preceding the first holiday of Pesach,35For the Seder is a time of great rejoicing and celebration. The seventh day of Pesach, by contrast, is not considered that important a festival. the day preceding Shavuot,36Rashi explains that the animals were necessary for sacrifices to be brought for the holiday. Tosafot states that Shavuos is customarily marked by great celebration in commemoration of the Giving of the Torah. and the day preceding Rosh HaShanah.37For it is customary to begin the new year with celebratory feasts.", + "When does the above apply? When he saw that the person who purchased it last was anxious to buy and it was at the end of the day, [in which instance,] it can be presumed that he will slaughter it immediately. If, however, there was ample time during the day, he is not required to inform him, for perhaps he will not slaughter until the following day.38The fact that he shows repose indicates that he may be purchasing the animal for a later date. The Ra'avad differs and maintains that the person's repose is taken into consideration only when he purchases the animal on the day before the day preceding the festival. The Shulchan Aruch (Yoreh De'ah 16:6) quotes the Raa'vad's ruling.", + "When one sells the mother to a groom and the daughter to the bride, he must notify them.39That the other animal was also sold. This applies even if he did not sell them both on the same day [Shulchan Aruch (Yoreh De'ah 16:6)]. For certainly, they will slaughter them both on the same day. Similar laws apply in all analogous situations.", + "[With regard to the term] one day mentioned in the context of [the prohibition against slaughtering an animal] and its offspring, the day follows the night.40I.e., it is a calendar day according to the Jewish calendar, not a day from sunrise to sunset or a 24-hour period beginning from the time one animal is slaughtered. what is implied? He slaughtered the first animal at the beginning of Tuesday night, he may not slaughter the other one until the beginning of Wednesday night. Similarly, if he slaughtered one at the close of Wednesday, before bein hashemashot,41This term literally means \"between the suns.\" It refers to the time between the setting of the sun and the appearance of the stars. There is an unresolved doubt whether the day ends at sunset or at the appearance of the stars. Hence, the halachic status of this period of time is one of question. he may slaughter the other one at the beginning of Wednesday night. If he slaughtered the first during bein hashemashot Wednesday evening, he may not slaughter the second until after nightfall on Thursday.42Lest the period until the appearance of the stars be considered as part of the previous day. If he slaughtered it during the day on Thursday, he does not receive lashes.43For punishment may not be given in a situation where doubt exists." + ], + [ + "When a person takes a mother together with its young and slaughters it, the meat is permitted to be eaten.1The fact that he violated a transgression in taking the mother does not cause the meat to be prohibited. He is, however, liable for lashes for slaughtering the mother,2Sefer HaMitzvot (negative commandment 306) and Sefer HaChinuch (mitzvah 544) include this prohibition among the 613 mitzvot of the Torah.
The person transgresses the prohibition when he takes the mother and the offspring. Nevertheless, as long as the mother is alive and he can correct his deed by sending her away, he is not liable for lashes. This follows the principle of lav hanitak li'asai, a prohibition that can be corrected by a positive commandment, as stated in the following halachah.
as [Deuteronomy 22:6] states: \"Do not take the mother together with its offspring.\" Similarly, if it died before he sent it away, he is liable for lashes.3For he can no longer fulfill the positive commandment. If he sent it away after he took it, he is not liable.4For he corrected his actions through the positive commandment. Nevertheless, at the outset, it is forbidden for him to take the mother. He must send it away first, as is the simple meaning of the Torah's commandment. See Siftei Cohen 292:11.", + "Similarly, [with regard to] all negative commandments that can be corrected by a positive commandment,5The positive commandment to send away the mother bird is also considered as one of the 613 mitzvot of the Torah [Sefer HaMitzvot (positive commandment 148); Sefer HaChinuch (mitzvah 545)].
See the Kessef Mishneh (to Halachah 19) which explains that Chullin 141a mentions a difference of opinion concerning this mitzvah between Rabbi Yehudah and the Sages. Rabbi Yehudah maintains - and this is the simple meaning of the verse - that the positive commandment requires one to send away the mother bird only before taking it. Thus according to his view, sending away the mother after it was taken does not fulfill a mitzvah and hence, does not correct the transgression. The Sages differ and maintain that the halachic definition of the mitzvah also includes sending away the bird after it was taken. Therefore, if one took the mother together with its young, he can correct his transgression by sending away the mother. The Rambam's decision reflects the Sages' position.
one is obligated to fulfill the positive commandment. If he does not fulfill it, he is liable for lashes.6See Makkot 16b which mentions a difference of opinion concerning the matter. One view maintains that as long as the person does not prevent himself from correcting the transgression through his own conduct, e.g., with regard to the matter at hand, he did not kill the mother bird, he is not lible for lashes. The other view, which as above is accepted as halachah by the Rambam, is that the person becomes liable for lashes when he violates the transgression. It is just that the punishment is suspended as long as he has the opportunity to correct the matter. Once, however, that opportunity no longer exists, even if it is not his fault - e.g., in the matter at hand, the bird dies - that punishment is meted out.", + "If another person comes and seizes the mother bird from his hands and sends it away or it took flight from his possession without his knowledge, he is liable for lashes. [This is implied by ibid.:7]: \"You shall certainly send away [the mother],\" i.e., he must send away [the mother bird] himself. [If not,] he did not fulfill the related positive commandment.7And is therefore held liable for the violation of the negative commandment.", + "If he took a mother bird together with its young, cut off its wings so that it cannot fly and sent it away,8I.e., he is trying to perform the mitzvah by sending the mother bird away on its feet so that he will not be held liable and yet will be able to take it again shortly afterwards. See Shulchan Aruch (Yoreh De'ah 292:4). he is given stripes for rebellious conduct.9I.e., he is punished for his defiance of the spirit of the Torah's commandments even though it is possible that he will not actually be held liable for lashes. [He must] keep [the mother bird] in his possession until her wings grow back and then send her away. If [the mother] died before this or fled and was lost, he is liable for lashes, for he did not fulfill the related positive commandment.", + "How must one send away the mother? He holds her by her wings and has her fly away. If he sent her away and she returned, he sent her away and she returned10I.e., as long as the mother returns before he takes the young so that the mitzvah is still relevant (Siftei Cohen 292:8). - even if this happens - four or five times, he is obligated to send her away, as [implied by the repetition of the verb in the] phrase: \"You shall certainly send away.\"11See Bava Metzia 31a which gives several examples of how the repetition of a verb in the Torah implies that a commandment must be fulfilled even 100 times.", + "Although a person says \"I will take the mother bird and send away the young,\"12And thus seemingly, he will be fulfilling the intent of the Torah's commandment, for he will not be taking the mother and the young together. he is obligated to send away the mother bird, as the verse states: \"You shall certainly send away the mother.\"", + "If he [sent away the mother,]13This addition is made on the basis of Shulchan Aruch (Yoreh De'ah 292:5). took the offspring and [then] returned them to the nest and the mother came back to them, he is not obligated to send [her] away.14Once he has taken the offspring, they are considered as \"at hand,\" and this mitzvah no longer applies as stated in the following halachah and notes (Siftei Cohen 292:10).
It is permitted to send away the mother and then snare her again. The Torah forbade snaring only when she cannot fly away because of her offspring over which she is hovering so that they not be taken,15For, as emphasized in Moreh Nevuchim, Vol. III, ch. 48, which explains that this is the motivating rationale for this mitzvah: to prevent the cruel act of taking the young in front of the mother. Note, however, Hilchot Tefilah 9:7 and the resolution of the apparent contradiction in the previous chapter. as [ibid.:6] states: \"And the mother is resting on the chicks.\" If, however, he removed her from his grasp and then snared her again, it is permitted.", + "[The mitzvah to] send away the mother bird applies only with regard to a kosher species of fowl16Chullin 139b derives this concept from the exegesis of the prooftext from Deuteronomy. that are not at hand, e.g., doves that rested in a dovecote or on a loft,17When quoting this law, the Shulchan Aruch (Yoreh De'ah 292:2 and commentaries) emphasizes that if the nest is within the person's property and the mother bird lifts itself up, the person automatically acquires the offspring. From that time on, they are considered as \"at hand\" and the mitzvah does not apply. See Halachah 18 and notes. wild fowl that nested in an orchard. [This is derived from the phrase (ibid.)]: \"When you will chance upon.\" When, however, [fowl is] at hand, e.g., ducks, chicken, and doves that nested in a building, one is not liable to send away the mother.", + "If the chicks could fly and thus they no longer needed their mother or [the mother was sitting on] unfertilized eggs,18Our translation is based on Rashi's commentary to Chullin 64b. he is not obligated to send away [the mother]. If the chicks were trefot, it is comparable to unfertilized eggs and he is not liable to send away [the mother].19Chullin, loc. cit., notes that the verse mentions both eggs and chicks and derives both of these concepts from an equation it establishes between the two: Just as the chicks are entities that will continue to exist, so too, the eggs must be entities that will continue to exist [in contrast to unfertilized eggs that will spoil after a certain time]. Just as the eggs require their mother, so too, the chicks must require their mother.", + "When a male fowl is resting on a nest, one is not obligated to send him away [before taking the young].20Chullin 140a emphasizes that the verse mentions a mother, implying \"and not a father.\" When a non-kosher bird is resting on the nest of the eggs of a kosher fowl or a kosher fowl is resting on the eggs of a non-kosher fowl, one is not obligated to send away [the fowl that is resting].21For Chullin 138b states that the verse forbids taking the bird and its offspring \"for yourself.\" Implied is that there is no prohibition when taking it for your dogs, i.e., taking a non-kosher species which is fit only to be fed to the dogs.", + "When a [kosher fowl] was resting on kosher eggs of a different species, one should send [the bird] away. If, however, one fails to do so, one is not liable.22There is an unresolved question concerning this issue in Chullin 140b. Hence, it is forbidden to take the birds, but one is not liable for lashes because of the doubt. If the mother is trefe, he is obligated to send her away.23Even though it is forbidden to eat the mother, there is a difference between it and a fowl from a non-kosher species. A mother from a non-kosher species is excluded because the prooftext uses the term tzipor which indicates a kosher species. A bird which is trefe, though forbidden, is still a tzipor (Siftei Cohen 292:1).", + "When one slits a portion of the gullet24The literal meaning of the Rambam's words is \"If he cut a portion of the signs.\" We have translated the Rambam's words as above because as obvious from the conclusion of his ruling, there is a doubt whether he is obligated to send away the mother bird. And with regard to the windpipe there is no doubt that he is obligated to send away the mother.
To explain: Chullin 140b questions: \"Do we say that since after slitting a portion of the signs the animal will be trefe, is there a need to send it away?\" Now, if a person slits less than half the windpipe, the fowl is not trefe and if he slits more than half of it, its slaughter is completed. Hence, we are forced to say that he is speaking about cutting a portion - but less than half - of the gullet. If he does not complete the slaughter, making such a slit will render the fowl trefe.
[of the mother]25The fact the Rambam uses the term sheyikachenah, \"before he takes her,\" implies that he is speaking about the mother bird. This understanding is also acknowledged by the Tur and Rabbenu Nissim. In his Kessef Mishneh, Rav Yosef Caro questions that interpretation, noting that even if the mother bird was made trefe by slitting its gullet, it would have to be sent away as stated in the previous halachah. Therefore, he suggests amending the text of the Mishneh Torah to imply that the signs of the chicks were slit and the question is, since he is involved in the slaughter of the chicks and stopping to send away the mother would render them trefe, must he stop and send her away or not. He follows this interpretation in his Shulchan Aruch (Yoreh De'ah 292:10). before he took her, he is liable to send her away. If he did not send her away, he is not liable for lashes.26Since the Talmud does not resolve the question it raises, one cannot be held liable for lashes because of the doubt.", + "[The following laws apply if the mother bird] was hovering [over the nest]: If her wings were touching the nest, one is obligated to send her away.27The Torah uses the expression \"resting on the nest.\" Chullin 40b infers that if the mother is hovering over the nest, the mitzvah does not imply. Since the verse does not use the term \"sitting,\" however, we learn that the obligation exists even when the mother is not sitting in the nest but lingering close by in a manner that its wings are touching. If not, he is not obligated. If there was a cloth or feathers intervening between her wings and the nest, he must send her away. If he did not send her away, he is not liable for lashes.28This question is left unresolved by Chullin, loc. cit. Hence, the Rambam rules that one must be stringent and send away the mother, but because of the doubt, cannot be held liable for lashes if he did not.", + "If there were two rows of eggs and [the mother bird's] wings were touching [only] the top row, [the mother bird] was sitting on unfertilized eggs, but there were good eggs below them, one female was sitting on another female, a male was sitting on the nest and the female was sitting on the male - [in all these situations,] one should not take [the mother bird with the offspring]. If he takes [her], he should send her away. But if he does not send her away, he is not liable for lashes.29All of these situations are questions left unresolved by Chullin 140b. Hence, as above, one must be stringent and send away the mother, but because of the doubt, cannot be held liable for lashes if he did not.", + "If [the mother bird] was sitting among the young or the eggs and was not touching them,30In his Kessef Mishneh, Rav Yosef Caro mentions a question raised by Rabbenu Nissim: Since touching the nest from the side is not sufficient as indicated by the concluding clause in the halachah, what does it matter if the mother bird touches its young from the side when it sits among them? Based on that objection, in his Shulchan Aruch (Yoreh De'ah 292:12), he incorporates Rabbenu Nissim's understanding when quoting this law. one is not liable to send her away.31For the Torah speaks about the mother \"resting on the eggs or the chicks\" and not sitting at their side. Similarly, if she was at the side of the nest and her wings were touching the nest from the side, he is not obligated to send her away.", + "When [the mother bird was perched] on two branches of a tree and the nest was positioned between them, we make an evaluation. In all instances where the mother would fall on the nest if the branches were removed, one is obligated to send her away.32Rashi, Chullin 140b, states that this applies even if the mother's wings are not touching the nest. As long as she is resting directly above the nest, it is considered as if she was resting on it. The Siftei Cohen 292:17 quotes this point as halachah.", + "When the mother is resting on one chick or on one egg, one is obligated to send her away.33As evident from Chullin 12:3, the Biblical command speaks about \"a nest.\" As long as a nest contains one egg or chick, it is still considered a nest. When a person finds a nest floating on the water or positioned on the back of an animal, he is obligated to send the mother away. [The verse] mentions \"chicks or eggs\"34Using a plural form. and \"on any tree or on the ground\" [not as exclusions], but because the Torah speaks about the commonplace situations.35This is a general principle applying with regard to many Biblical commandments. See Yevamot 15:2, Shabbat 65a, Nedarim 48a.", + "It is forbidden to acquire the eggs as long as the mother is resting upon them. Therefore even if a mother bird was resting on eggs or chicks in one's loft or dovecote, they are not considered as \"at hand\" and his courtyard does not acquire them for him.36The Rambam is referring to a principle in Jewish business law which maintains that a person can acquire property by virtue of its presence in his domain. As the Rambam states in Hilchot Gezelah Va'Avedah 17:8-11:
A person's courtyard can acquire property for him without him being aware of it. Thus, if a lost object falls into a person's courtyard, he acquires it.
When does the above apply? When the courtyard is protected. [When, by contrast, a lost article enters a person's] field or garden [different rules apply]. If he is standing at the side of his field and says, \"May my field acquire it for me,\" he acquires it. If, however, he is not standing there, or he is standing there but does not make such a statement [he does not acquire it.]...
The [potential for] a man [to acquire property by virtue of its presence in his] courtyard is derived, by contrast, from [the fact that] he is able to acquire an article via an agent. Just as an agent can acquire [an article] for him, so too, can he acquire [an article by virtue of its presence in his] courtyard....
[The following rules apply when a person] sees... young doves that cannot fly [in his property]: [When the following conditions are met:] he was standing at the side of his field, [the animals] were on his property, and he could catch them if he ran, he can acquire them [by virtue of their presence in] his field if he states: \"May my field acquire them for me.\"
Thus in the case at hand, since the person cannot acquire the eggs himself until he sends away the mother, his courtyard cannot acquire them on his behalf (Chullin 141b).
Just as he cannot acquire them on behalf of others [until he sends away the mother], so, too, his courtyard cannot acquire them on his behalf.37For as stated in the quoted portion, the potential for a person's property to acquire an article on his behalf is derived from the laws of agency. Therefore, he must send [her] away.38As mentioned above, the Shulchan Aruch (Yoreh De'ah 292:2) states that if the mother bird lifted itself up, the person can acquire the chicks by virtue of their presence in his property even if he does not remove them from their nest. From that time on, they are considered as \"at hand\" and this mitzvah does not apply. Indeed, he can tap the nest so that the mother will rise up and then acquire the young (Kessef Mishneh).", + "It is forbidden to take a mother bird together with her offspring, even to purify a person with tzara'at.39A skin condition, resembling leprosy, that is visited upon a person as retribution for speaking gossip and slander. The purification process for such a person is described in Leviticus, ch. 14, and Hilchot Tuma'at Tzara'at 11:1. If he took [the mother], he is obligated to send her away. If he did not, he is liable for lashes.40As stated in Halachah 2. Even if he used the mother bird for a mitzvah, he still receives lashes for violating the transgression. [The rationale is that] a positive commandment41The purification of the person with tzara'at. does not supersede the observance of a negative commandment [that is reinforced] by a positive commandment.42The prohibition of taking the mother which is reinforced by the mitzvah to send her away. Note the Kessef Mishneh who questions whether the two mitzvot should be placed in this category, for according to the Sages (whose opinion is accepted as halachah), the two mitzvot do not apply at the same time. And a positive commandment does not supersede another positive commandment.43I.e., once he has taken the mother bird, he is obligated to send her away and the observance of another positive commandment, e.g., the purification rite mentioned above, does not supplant it.", + "[The following rule applies when] a person consecrates a wild fowl to the Temple treasury, it flies away from his hand, but he recognizes it and finds it resting on chicks or on eggs. He should take the entire [nest]44For not only the mother, but also the offspring, belong to the Temple treasury. For the mother gave birth to them after she had been consecrated. and bring it to the Temple treasurer. [The rationale is that the mitzvah of] sending away the mother bird does not apply with regard to consecrated [fowl], as [implied by Deuteronomy 22:7]: \"And you may take the offspring for yourself.\" These may not [be taken] for yourself.45For as above the offspring are also the property of the Temple treasury.
Significantly, although the Rambam's ruling is based on Chullin 138b, he does not quote the wording of the Talmud, but instead, explains the derivation of the ruling in a different manner. The Lechem Mishneh explains that this reflects a pattern found frequently in the Mishneh Torah: The Rambam will explain the derivation of a law differently than the Talmud if it appears to him that his derivation is simpler and more direct.
", + "When a fowl killed a human being, one is not obligated to send it away. [The rationale is that] one is commanded to bring it to court so that it will be judged.46See Hilchot Sanhedrin 5:2 which states that an animal that kills a human must be judged by a court of 23 judges." + ], + [ + "It is a positive commandment1Sefer HaMitzvot (positive commandment 147) and Sefer HaChinuch (mitzvah 187) include this prohibition among the 613 mitzvot of the Torah. to cover the blood of a kosher wild beast or fowl2Both a wild fowl and a domesticated one. One need not, by contrast, cover the blood of a domesticated animal that was slaughtered. that was slaughtered, as [Leviticus 17:13] states: \"If you will snare a wild beast or a fowl that may be eaten, you shall pour out its blood and cover it with earth.\" Therefore, before covering it, he is obligated to recite the blessing: Blessed are You, God, our Lord, King of the earth who has sanctified us with His commandments and commanded us to cover the blood.", + "[The mitzvah] to cover the blood applies to animals that are at hand and those that are not at hand. [The verse mentions:] \"If you will snare\" only because it speaks about the commonplace situation. It applies with regard to ordinary animals, but not to those consecrated: whether they were consecrated [to be offered on] the altar or consecrated to the Temple treasury. If a person transgresses3For it is forbidden to slaughter animals consecrated to the Temple treasury until they have been redeemed. and slaughters [such an animal], he is not obligated to cover its blood.", + "If a person slaughters a wild beast or a fowl and afterwards, consecrates them - or consecrates the blood - he is obligated to cover the blood.4Because when the blood was poured out, it did not have a connection to the Temple treasury, and at that time, the person became obligated to cover it.", + "It is necessary to cover the blood of a hybrid that comes from the mating of an animal and a wild beast or an animal that we do not know whether to classify as a domesticated animal or a wild beast,5The commentaries to Chullin 83a employ this interpretation with regard to a kevi, an animal which one opinion in Chullin 80a understands as referring to an animal whose species could not be identified as a domesticated animal or a wild beast. The Rama (Yoreh De'ah 28:4) employs this concept with regard to a buffalo. but one does not recite the blessing.6We are unsure of the status of this animal and do not know whether there is an obligation to cover its blood or not. Hence, we cover it, but do not recite a blessing, lest the blessing be recited in vain. When a person slaughters for the sake of a sick person on the Sabbath, he is obligated to cover the blood after the Sabbath.7For covering it on the Sabbath would be a violation of the prohibition against performing labor. Similarly, when a person slaughters an animal whose status is doubtful or is a hybrid on a festival, he should cover its blood after the festival.8He is required to cover the animal's blood because of the doubt as stated in the first clause. Nevertheless, he may not cover it on the festival, for perhaps he is not obligated to do so, and hence, will be performing a forbidden labor on the festival for no valid reason. For this reason, the Shulchan Aruch (Yoreh De'ah 28:3) rules that, as an initial and preferred option, one should not slaughter such an animal on a festival. See also Shulchan Aruch (Orach Chayim 498:18) which states that even if one has earth prepared before the festival so that covering the blood will not involve the transgression of a prohibition, one should not cover it on a festival because of the impression that will be created. People might think that it was definitely determined that it is a wild beast and may therefore partake of its fat [the Rambam's Commentary to the Mishnah (Chullin 6:1) based on Beitzah 8b].
See also the Siftei Cohen 28:10 which states that the blood must be poured out on the ground on the festival. It cannot be saved in a utensil (because of the prohibition mentioned in Chapter 2, Halachah 5) and spilled out after the festival.
", + "When a person slaughters many fowl and several types of wild beasts in one place, he should recite one blessing and cover the blood of all of them together at one time.9I.e., it is not necessary to cover the blood immediately. Instead, one may wait until he has slaughtered all the animals he desires and then cover the blood.", + "When blood becomes mixed with water, one is obligated to cover it if it has the appearance of blood. If not, one is not liable. If it became mixed with wine or the blood of a domesticated animal, one considers it as if they were water. If were [the wine or blood] to have been water, [the mixture] would have appeared to be blood, he is obligated to cover the entire mixture. If not, he is not obligated.", + "If a person covered blood and then it became revealed, he is not obligated to cover it a second time.10For he has already fulfilled the mitzvah involved. If blood was covered by [dust blown] by the wind, one is not obligated to cover it.11For the Torah's commandment obligates one to cover only blood that is apparent. If it is covered, there is no mitzvah involved. If it became revealed again after the wind covered it, he is obligated to cover it.12Since the person never covered the blood himself, it is as if it was never covered. See Pitchei Teshuvah 28:4; Magen Avraham 586:6 which discuss whether there is a definite obligation to cover the blood in such a situation or there is an unresolved question and one does so because of the doubt involved. The question of whether or not to recite a blessing in this situation depends on the clarification of this issue.", + "If there is no other blood [from the slaughter] except the blood which spurted out [while the animal was being slaughtered] and the blood on the knife,13Usually, a certain quantity of blood is poured out directly after the slaughter as well. one is obligated to cover it.14According to the Rambam's interpretation of the mishnah (Chullin 6:6), if there is other blood aside from this, it is sufficient to cover that other blood. It is not necessary to cover all the blood. The Ra'avad differs and maintains that all the blood must be covered. The Shulchan Aruch (Yoreh De'ah 28:15 follows the Rambam's view.", + "[The following rules apply if] one slaughters and the blood is absorbed in the ground. If a mark remains, he is obligated to cover it. If not, it is as if it was covered by the wind15See Halachah 7. and he is not obligated to cover it.", + "The only blood that must be covered is the blood of slaughter [that produces meat] that is fit to be eaten, as [the prooftext cited] states: \"that may be eaten.\"16This prooftext causes the ruling to be different from that applying to the prohibition against slaughtering an animal and its offspring on the same day. See Chullin 85a. Therefore, if a person slaughters and the animal is discovered to be trefe, one slaughters ordinary [fowl or beasts] in the Temple Courtyard,17Which are forbidden to be eaten (Chapter 2, Halachah 2). one slaughters fowl or beasts that were condemned to be stoned to death,18I.e., an animal or fowl that killed a human. one slaughters an animal and causes it to become a nevelah, one is not obligated to cover the blood. Similarly when a deaf-mute, a mentally or emotional incompetent person or a minor slaughters in private, there is no obligation19We have used a non-literal translation, for these individuals are not obligated in the performance of any mitzvot. See Siftei Cohen 28:24 which states that we are forbidden to cover this blood. to cover the blood [of the animal] they slaughtered.20As stated in Chapter 4, Halachah 5, if these individuals slaughter privately, the slaughter is unacceptable. If, however, they slaughter in the presence of an expert and he states that they slaughtered correctly, the slaughter is acceptable and the blood must be covered.", + "With what should [the blood] be covered? With earth,21Though this term is not found in the standard printed texts. It is found in authoritative manuscripts and early printings. The version of the standard printed text can be interpreted to mean that in this halachah, the Rambam is clarifying which other substances can be considered as \"earth.\"
When quoting this law, the Shulchan Aruch (Yoreh De'ah 28:23) gives the following introduction: \"Any substance in which seeds will grow is called סearth'.... If [seeds] will not grow in it, but it is called סearth,' we may cover [blood] with it.\"
lime, gypsum, fine fertilizer, fine sand that need not be crushed by a potter, crushed rocks and earthen-ware, fine flax chips, fine saw dust, bricks, burnt mud,22This translation is based on the Rambam's Commentary to the Mishnah (Ma'aser Sheni 5:1). In his commentary to 3:7, 10:2, he interprets the term as \"crushed earthenware.\" We, however, used the former translation to avoid redundancy. Others cite the interpretation of the Aruch who explains that the term refers to a type of lime. and sealing clay that are crushed, for all of these are types of \"earth.\" If, however, one covered it with a utensil or with stones, it is not considered as \"covered,\" for the verse states \"with earth.\"", + "For this reason, we do not cover [blood] with coarse fertilizer, coarse sand, flour, bran, grain fiber, or filings from metal utensils, for these are not types of \"earth.\" There is one exception: filings of gold alone may be used to cover [blood], for they are called \"dust,\"23The Hebrew term afar has both the meaning \"earth\" and \"dust.\" as [Job 28:6] states: \"And it possesses the dust of gold\" and [Deuteronomy 9:21] speaks [of grinding the Gold Calf] \"until it was thin, into dust.\"", + "We may cover [blood] with oven soot, stibium,24A blue-powder uses for makeup and medicinal purposes in Talmudic times. powder from mills, and ashes. [This includes] ashes from trees and ashes from clothes, even ashes from meat that was burnt, for [Numbers 19:17] speaks of \"the ashes of the burnt sin-offering.\"25I.e., the red heifer. It is permitted to cover [blood] with the ashes of a city that went astray [and was therefore destroyed].26See Deuteronomy ch. 13 and Hilchot Avodat Kochavim, ch. , which explain that if an entire city is led astray and worships false deities, the city is condemned, the transgressors executed, and the city burnt. With the ruling in this halachah, the Rambam is explaining that although it is forbidden to benefit from the property - and even the ashes - of such a condemned city, its ashes may be used for this purpose. The rationale is that using the ashes for the mitzvah is not considered as benefiting from them, because the mitzvoth were not given for our benefit (Chullin 89a).", + "One who slaughters must place earth below27Moreover, this earth must be loose. One should not slaughter over a place where the earth is hard [Kessef Mishneh; Shulchan Aruch (Yoreh De'ah 28:5)]. and then slaughter, [pouring the blood] into [the earth]. Afterwards, he covers it with earth. He should not slaughter [and pour the blood] into a container28Even if the utensil contains murky water and thus the prohibition mentioned in Chapter 2, Halachah 5, does not apply. and then cover it with earth.", + "The person who slaughters [the animal] should cover its blood,29One may, however, give another person the privilege of fulfilling the mitzvah. For that reason, there are many who ask the ritual slaughterer for the privilege of fulfilling the mitzvah of covering the blood after fulfilling the custom of kapporot. Nevertheless, one must ask the slaughterer for the privilege, one who takes it without asking is liable to pay the slaughterer a fine for \"stealing\" his mitzvah. See Turei Zahav 28:8. as [the above prooftext ] states: \"[You shall pour out its blood and] cover it with earth.\"30Chullin 87a states: \"The one who סpours out its blood' should סcover it.'\" If he did not cover the blood and another person sees it, he is obligated to cover it, for this is an independent mitzvah and is not dependent on the slaughterer alone.31Chullin, loc. cit., notes that the passage states: \"And you shall say to the children of Israel,\" implying that the mitzvah is the concern of the entire people.", + "When a person covers the blood, he should not cover it with his feet,32I.e., by kicking the earth over the blood. but instead with his hands, a knife, or a utensil, so that he will not treat it with disdain and regard the mitzvoth with scorn. For the mitzvot in and of themselves are not worthy of honor. Instead, [the honor is] due He, blessed be He, who commanded us to observe them and [thus] saved us from groping in darkness and thus granted us a lamp to straighten crooked paths and a light to illumine the upright ways.33As Bereishis Rabbah 44:1 states: \"The mitzvoth were given to the Jewish people solely to refine the created beings with them.\" See also Moreh Nevuchim, Vol. III, ch. 26. And so [Psalms 119:105] states: \"Your words are a lamp to my feet and a light for my ways.\"
Blessed be G‑d who grants assistance." + ] + ], + "versions": [ + [ + "Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007", + "https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI" + ] + ], + "heTitle": "משנה תורה, הלכות שחיטה", + "categories": [ + "Halakhah", + "Mishneh Torah", + "Sefer Kedushah" + ], + "sectionNames": [ + "Chapter", + "Halakhah" + ] +} \ No newline at end of file