Mishnah
Mishnah

Talmud for Chullin 5:3

הַשּׁוֹחֵט וְנִמְצָא טְרֵפָה, הַשּׁוֹחֵט לַעֲבוֹדָה זָרָה, וְהַשּׁוֹחֵט פָּרַת חַטָּאת, וְשׁוֹר הַנִּסְקָל, וְעֶגְלָה עֲרוּפָה, רַבִּי שִׁמְעוֹן פּוֹטֵר, וַחֲכָמִים מְחַיְּבִין. הַשּׁוֹחֵט וְנִתְנַבְּלָה בְיָדוֹ, וְהַנּוֹחֵר, וְהַמְּעַקֵּר, פָּטוּר מִשּׁוּם אוֹתוֹ וְאֶת בְּנוֹ. שְׁנַיִם שֶׁלָּקְחוּ פָרָה וּבְנָהּ, אֵיזֶה שֶׁלָּקַח רִאשׁוֹן, יִשְׁחֹט רִאשׁוֹן. וְאִם קָדַם הַשֵּׁנִי, זָכָה. שָׁחַט פָּרָה וְאַחַר כָּךְ שְׁנֵי בָנֶיהָ, סוֹפֵג שְׁמוֹנִים. שָׁחַט שְׁנֵי בָנֶיהָ וְאַחַר כָּךְ שְׁחָטָהּ, סוֹפֵג אֶת הָאַרְבָּעִים. שְׁחָטָהּ וְאֶת בִּתָּהּ וְאֶת בַּת בִּתָּהּ, סוֹפֵג שְׁמוֹנִים. שְׁחָטָהּ וְאֶת בַּת בִּתָּהּ וְאַחַר כָּךְ שָׁחַט אֶת בִּתָּהּ, סוֹפֵג אֶת הָאַרְבָּעִים. סוּמְכוֹס אוֹמֵר מִשּׁוּם רַבִּי מֵאִיר, סוֹפֵג שְׁמוֹנִים. בְּאַרְבָּעָה פְרָקִים בַּשָּׁנָה הַמּוֹכֵר בְּהֵמָה לַחֲבֵרוֹ צָרִיךְ לְהוֹדִיעוֹ, אִמָּהּ מָכַרְתִּי לִשְׁחֹט, בִּתָּהּ מָכַרְתִּי לִשְׁחֹט. וְאֵלּוּ הֵן, עֶרֶב יוֹם טוֹב הָאַחֲרוֹן שֶׁל חָג, וְעֶרֶב יוֹם טוֹב הָרִאשׁוֹן שֶׁל פֶּסַח, וְעֶרֶב עֲצֶרֶת, וְעֶרֶב רֹאשׁ הַשָּׁנָה, וּכְדִבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי, אַף עֶרֶב יוֹם הַכִּפּוּרִים בַּגָּלִיל. אָמַר רַבִּי יְהוּדָה, אֵימָתַי, בִּזְמַן שֶׁאֵין לוֹ רֶוַח. אֲבָל יֶשׁ לוֹ רֶוַח, אֵין צָרִיךְ לְהוֹדִיעוֹ. וּמוֹדֶה רַבִּי יְהוּדָה בְּמוֹכֵר אֶת הָאֵם לֶחָתָן וְאֶת הַבַּת לַכַּלָּה, שֶׁצָּרִיךְ לְהוֹדִיעַ, בְּיָדוּעַ שֶׁשְּׁנֵיהֶם שׁוֹחֲטִין בְּיוֹם אֶחָד:

When one of the animals was found to be Terefá, or that one had been slaughtered for idolaters, or that one is a cow of a sin-offering, or an ox condemned to death, or a calf whose neck was to be struck off, R. Shimon absolves [the person who slaughtered the second animal on the same day] from any penalty; but the sages hold "That he incurred that [of the forty stripes]." When one of the animals becomes Nevelah by being improperly slaughtered; or when it was killed by a knife being thrust up its nostrils; or that the trachea and esophagus were forcibly torn off, the law against slaughtering an animal and its young on the same day is not applicable: When a cow and its calf were bought by two persons, one buying the cow and the other the calf, the first buyer has a right to slaughter his purchase first; but if the other buyer anticipated him in slaughtering his, he has acquired his right. Should a person have slaughtered a cow and her two calves on the same day, he has incurred a penalty of eighty stripes; but if he slaughtered the two calves first, and then the cow, he has only incurred [one] penalty of forty stripes. If he slaughtered [on the same day] a cow and its young, and the calf of that young cow, eighty stripes shall be inflicted on him. If he slaughtered [on the same day] a cow, then the calf of its young, and lastly the young itself, the forty stripes shall be inflicted on him. Somchos, in the name of R. Meir, says, "eighty [stripes]." At four periods of the year a seller of cattle is bound to inform the buyer that he had sold the dam or leer young on the same day for the purpose of being slaughtered, viz. on the day preceding the last day of the Feast of Tabernacles, on those preceding the first day of Passover, the Feast of Weeks, and of the New Year; and according to R. Yose the Galilean, also on the day preceding the Day of Atonement in Galilee. R. Yehuda says, "When is he bound to give that information? Only if there should not be a day's interval between the sale of one of the animals and that of the other; but if there was such an interval, the mentioned information is not required from the seller." Yet R. Yehuda admits, "That in case he sold the dam to a bridegroom, and the young to his bride, he is bound to inform them thereof, because it is to be supposed that both animals will be slaughtered on the same day."

Jerusalem Talmud Yevamot

There, we have stated7Mishnah Ḥulin 5:3.: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes].8Really, 39 lashes, the maximum permitted (Deut. 25:3). Similarly, Symmachos’s 80 are really 78. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.9Lev. 22:28: “A cow or a sheep, it and its young you shall not slaughter on the same day.” Slaughtering a cow and a second generation calf on the same day is not forbidden. If after that the calf is slaughtered on the same day, with one act he slaughters {the cow and her calf} and {the calf’s calf and her mother}. For the rabbis, violating one law by one act can be punished only once. For Symmachos, the order of execution is important; the prohibition of slaughtering the calf after its mother is separate from that of slaughtering the mother after its calf.” Rebbi Eleazar said, [Symmachos]10Missing in the text, required by the context. and Rebbi Joḥanan ben Nuri said the same thing, since we stated there11Mishnah Keritut 3:6. R. Eleazar’s opinion is quoted in the Babli, Keritut 14b.: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law12The relevant verse is Lev. 18:17: “The genitals of a woman and her daughter you shall not uncover; her son’s daughter and her daughter’s daughter you shall not take to uncover her nakedness; they are family, it is taboo.” The Tosephta (Keritut 1:21) explains that R. Joḥanan ben Nuri speaks about a man who married three wives, a woman and her nieces from a sister and a brother; i. e. a daughter and two granddaughters of the same woman. If the man sleeps with his mother-in-law, by one act he sleeps with a woman and her daughter, a woman and her daughter’s daughter, and a woman and her son’s daughter. If it is three times the same transgression, he is punished only once; if the one act implies three different paragraphs have been violated, he receives multiple punishment..” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]13Ḥulin 5:3, where it is stated that everybody agrees that if he slaughtered first the mother and after that two of her calves he is whipped “80” times but if he first slaughtered the two calves and then the mother, he is whipped only “40” times.. If was found stated, it still is in dispute14Tosephta Ḥulin 5:7: “If he slaughtered its five calves and then the cow, Symmachos said in the name of Rebbi Meïr he is guilty of five transgressions but he only is guilty for transgression of one prohibition.” This shows that Symmachos counts instances of the same prohibition separately; he cannot have the same position as R. Joḥanan ben Nuri. This is the position of Rava in the Babli, Keritut 15a; cf. צבי דור, תורת ארץ ישׂראל בבבל, דביר, תל אביב 1971, p. 42.. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions15For him, the two parts of Lev. 18:17 are two separate paragraphs; for the rabbis the verse counts as only one., also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.
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