If an animal is slaughtered when it is dangerously ill, according to Rabbon Simeon ben Gamaliel, "It is sufficient [to render it Cashér] when it can move or struggle with its fore and hind legs." R. Eleazar saith, "It suffices if the blood spirted after its throat was cut." R. Simeon teaches, "That even when a person slaughtered such an animal at night, and found in the morning the walls [of the slaughter-house] covered with blood, it is Cashér, agreeable to R. Eleazar's opinion." But the sages hold it to be Cashér only, "when the animal struggled with either his fore or hind leg, or that it wagged its tail;" this applies to small as well as to large cattle. When a small cattle [a sheep or goat, &c.] is slaughtered [when dangerously ill], and extends its fore-leg, but does not draw it back, it is Pasool, because it only indicates the last throe of parting life. This is to be understood only in case the animal is supposed to be in imminent danger; but when it is considered sound, although it should not have exhibited any of the mentioned symptoms [after being killed], it is Cashér.
Bartenura on Mishnah Chullin
השוחט את המסוכנת – All the while that we stand it [the animal] up and she cannot stand as a result of her illness, she is considered מסוכנת–to be in danger; and even if she has strength in her teeth to eat the terminal buds of a palm (cabbage tree) or to bite wood from trees (Hullin 37b).
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English Explanation of Mishnah Chullin
Introduction
Our mishnah deals with slaughtering a dying animal. This would have been a very important issue because if the animal dies without having been slaughtered it becomes a nevelah and is inedible. Slaughtering a dying animal, therefore, would have been of utmost economic importance. However, for it to be edible it must be determined that the animal died from being slaughtered and not on its own.
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Bartenura on Mishnah Chullin
עד שתפרכס – [See Mishnah Ohalot 1:6 for parallel about this situation.] if it [the animal] did not move convulsively, we suspect that its soul was taken before the completion of the ritual slaughtering.
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English Explanation of Mishnah Chullin
One who slaughtered a dying animal: Rabban Shimon ben Gamaliel says: [the slaughtering is invalid] unless it jerked its foreleg and its hind leg. Rabbi Eliezer says: it is enough if it spurted [the blood]. Rabbi Shimon said: even if one slaughtered [a dying animal] by night and the following morning he got up early and found the sides [of the throat] full of blood, the slaughtering is valid, for this proves that it spurted [the blood], as is Rabbi Eliezer's measure. The sages say: [the slaughtering is invalid] unless it jerked either its foreleg or its hind leg, or it moved its tail to and fro. There are basically two different opinions as to how to determine whether or not the animal died from the slaughtering or on its own. According to Rabban Shimon ben Gamaliel if the animal doesn’t jerk its foreleg and hind leg when slaughtered, it is a sign that the animal was already dead. The sages in section four add that wagging its tail is also a sign that it died from slaughtering. Rabbi Eliezer and Rabbi Shimon believe that the sign is the spurting of blood from the neck at the time of slaughtering. Rabbi Shimon adds that even if he slaughtered the dying animal at night, probably because he felt that he couldn’t wait until morning, and he didn’t see blood at the time of slaughtering, but the next morning he saw blood stains around the animal’s neck, the slaughtering was valid.
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Bartenura on Mishnah Chullin
אם זינקה – in the manner that animals’ throats become swollen and (its) blood gushes forth and squirts with force (when its jugular arteries were cut – see Hullin 38a).
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English Explanation of Mishnah Chullin
This is the test both with regard to large and small animals. This line seems to be a continuation of the sages’ opinion in the previous section. The same signs that validate large animals also validate small animals.
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Bartenura on Mishnah Chullin
השוחט בלילה – it is necessary for an endangered animal to move convulsively, and he [the ritual slaughterer] does not know if it convulsed, and on the morrow when he arose early, he found that the walls of the cavity of the ritual slaughter of throat were filled with blood, it is fit (i.e., kosher) because the blood had squirted out, according to the approach of Rabbi Eliezer who validates blood squirting out (which proves that the animal did not expire prior to the ritual slaughtering); Rabbi Shimon said [that he who performs ritual slaughter at night – and in on the morrow rises early and finds that the walls of the throat are filled with blood, it is valid], and the Halakha is not like [the opinion of] Rabbi Eliezer.
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English Explanation of Mishnah Chullin
If a small animal stretched out its foreleg [at the end of the slaughtering] but did not withdraw it, [the slaughtering] is invalid, for this was just an indication of the expiration of its life. However, if a small animal that was already dying merely stretched out its foreleg when slaughtered, this is not a sign of having died from the slaughtering. It is possible that this is just a result of dying before.
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Bartenura on Mishnah Chullin
אחד בהמה דקה ואחד בהמה גסה – which requires the convulsion of the animal if it was endangered.
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English Explanation of Mishnah Chullin
When do these rules apply? To case of an animal which was believed to be dying. But if it was believed to be sound, even though it did not show any of these signs, the slaughtering is valid. All of these signs are necessary only if the animal was known to be dying before it was slaughtered. However, if it was a healthy animal, these signs are not necessary because there is no reason to assume it died of a different cause.
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Bartenura on Mishnah Chullin
שפשטה ידה – at the conclusion of the ritual slaughtering
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Bartenura on Mishnah Chullin
ולא החזירה פסולה – if it (i.e., the animal) was endangered. For this is not considered moving convulsively but such is its manner at the time when its soul leaves it. But this is not the manner for large animal. But whether it extended its paw but did not bend it [back] or bent it back but did not extend it, it is [considered] valid–kosher [to be eaten].
