Commentaire sur Houlin 1:2
הַשּׁוֹחֵט בְּמַגַּל יָד, בְּצוֹר, וּבְקָנֶה, שְׁחִיטָתוֹ כְשֵׁרָה. הַכֹּל שׁוֹחֲטִין וּלְעוֹלָם שׁוֹחֲטִין, וּבַכֹּל שׁוֹחֲטִין, חוּץ מִמַּגַּל קָצִיר, וְהַמְּגֵרָה, וְהַשִּׁנַּיִם, וְהַצִּפֹּרֶן, מִפְּנֵי שֶׁהֵן חוֹנְקִין. הַשּׁוֹחֵט בְּמַגַּל קָצִיר בְּדֶרֶךְ הֲלִיכָתָהּ, בֵּית שַׁמַּאי פּוֹסְלִין, וּבֵית הִלֵּל מַכְשִׁירִין. וְאִם הֶחֱלִיקוּ שִׁנֶּיהָ, הֲרֵי הִיא כְסַכִּין:
Quand une personne a tranché la gorge [d'un animal] avec une faucille à la main, un silex tranchant, ou avec un roseau, c'est Cashér. Tous peuvent abattre, à tout moment et avec n'importe quel instrument, à l'exception d'un crochet de récolte, d'une scie, des dents [pointues] [d'animaux fixées dans l'os maxillaire], ou avec l'ongle du doigt, parce que les [trois premiers mentionnés] font pas couper, mais étrangler [et déchirer]. Quand une personne a abattu un animal avec un crochet de récolte, ayant des dents ou des encoches, avec le premier coup ou vers le bas ou coupé seulement, il est impropre à l'utilisation selon Beth Shammai, mais Beth Hillel le considère comme Cashér; mais si les dents de l'hameçon moissonneuse ont été meulées [de manière à lui donner un tranchant tranchant et égal], c'est la même chose qu'un couteau.
Bartenura on Mishnah Chullin
מגל יד – It has two edges (the מגל יד is an implement combining knife and saw) – one smooth like a knife and the other which has notches; and on the side which is smooth, one should not ab initio engage in ritual slaughter [with it] as a preventative measure lest one perform a ritual slaughter with the side that is defective. And therefore, the Tanna taught [the word] "השוחט"–”he who performs a ritual slaughtering” and it implies, that de facto, one may slaughter [with this utensil] but not ab initio. And we learn from this that a defective knife, which contains enough to ritually slaughter with from the defect and beyond, it is prohibited to perform ritual slaughtering with it ab initio, other than if one wraps the defective part in a garment or in bulrushes–reed-grass so that now it would not be possible to decree that perhaps he might come to slaughter in the place of defect.
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English Explanation of Mishnah Chullin
Introduction
This mishnah continues to provide general rules with regard to slaughtering including the instrument with which one slaughters. We should note that modern halakhah dictates that Jewish slaughter must be done only with an extremely sharp knife, one designed specially for such a purpose. The Mishnah still reflects a time when Jews used other instruments as well.
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Bartenura on Mishnah Chullin
בצור ובקנה – Our Mishnah is speaking about a flint and–or a reed which are detached and later they were attached and one performed a ritual slaughter with them when they were attached, and de facto, one may use [it–them] but ab initio, one may not [use it–them], but if it was initially attached, even de facto it is prohibited. And that which is completely detached, even ab initio, is permitted [for use].
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English Explanation of Mishnah Chullin
If one slaughtered with [the smooth edge of] a hand sickle, with a flint or with a reed, the slaughtering is valid. All of these instruments have smooth cutting surfaces and therefore can be used to slaughter.
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Bartenura on Mishnah Chullin
צור – A sharp rock. And it is a Biblical expression [being used here] (Exodus 4:25): “[So Zipporah] took a flint and cut off [her son’s foreskin…].”
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English Explanation of Mishnah Chullin
All may slaughter; at all times one may slaughter; and with any implement one may slaughter, except a scythe, a saw, teeth or a finger nail, since these strangle. This section summarizes that which we have learned up until now. It then adds a caveat concerning instruments that can’t be used. These instruments do not sever the trachea and esophagus, as is required, but rather tear them out, thereby causing strangulation. An animal slaughtered with one of these instruments is considered a nevelah.
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Bartenura on Mishnah Chullin
הכל שוחטין – To include a non-observant–non-conformist Jew in one area of transgression, or even for many transgressions – in that it is permitted to eat of his ritual slaughtering. And [as long as] that individual is not an apostate for idolatry or someone who violates the Sabbath in public. And a worthy (observant) Jew checks the knife and gives it to him, since he (the potential ritual-slaughterer) is considered as one who has not bothered to check [the knife] and afterwards performs the act of ritual slaughtering just for himself, and the [observant] Jew returns and checks his knife after the ritual slaughter, and if it [the knife] is fine, his ritual slaughter is considered valid. But those Sadducees whom we call Karaites who do not believe in the Oral Torah, their ritual slaughter is [considered] invalid, unless there was a Jew who would stand and watch the slaughtering from the beginning until the end.
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English Explanation of Mishnah Chullin
One who slaughtered with a scythe, moving it forward only: Bet Shammai declare it invalid, But Bet Hillel declare it valid. The scythe’s teeth are bent back, pointing only in a backwards direction. Therefore, if one slaughters by moving the scythe forward, the teeth won’t tear the neck and the neck will effectively be sliced. Neverthless, Bet Shammai declare it invalid lest he bring the scythe back and tear the neck. Bet Hillel declare the animal valid.
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Bartenura on Mishnah Chullin
ולעולם שוחטין – Whether during the daytime or whether at night by the light of a torch, whether on the top of a roof, and we don’t worry lest people say that he [the ritual slaughterer] went up to the hosts of heaven to [perform] ritual slaughtering. And similarly, one can perform ritual slaughtering at the top of a ship, the matter is proven that he needs to chisel his ship and that he is not slaughtering for the Chief of the Sea.
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English Explanation of Mishnah Chullin
If the teeth of the scythe were filed away it is regarded as an ordinary knife. If the teeth are filed away, then the scythe can be treated as a normal knife and one can use it for slaughtering.
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Bartenura on Mishnah Chullin
ובכל שוחטין – Whether [one uses] glass or uses the skin-like, scaly envelope of reed, which is tall grass in the lake which cuts like a knife. But the reed itself, one should not perform ritual slaughtering with it ab initio, on account of fibers that separate from it and perforate the organs and one might have [accidentally] passed the knife under cover (which invalidates a ritual slaughtering).
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Bartenura on Mishnah Chullin
מגל קציר – which is used to cut grain, as its notches bend slanting in one direction.
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Bartenura on Mishnah Chullin
מגירה – a knife filled with notches and each notch has projecting points in each direction which are knives having notches–indentations (see Hullin 17b – which catch the passing nail of the examiner).
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Bartenura on Mishnah Chullin
שינים – (teeth) which are inserted into the jawbone of the animal. And especially when there are two or more (teeth).
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Bartenura on Mishnah Chullin
והצפורן – Which is attached [to the finger].
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Bartenura on Mishnah Chullin
שהן חונקין – As they do not cut, but rather tear on account of the indentations [therein]. And these (a saw) produce anguish as if by choking (instead of cutting); this refers to the others, but not to the nail, and the reason concerning the nail is that it is attached.
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Bartenura on Mishnah Chullin
מגל קציר – It heads are very bent and its [cutting] process does not tear.
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Bartenura on Mishnah Chullin
בית שמאי אומרים נבילה – And it defiles by carrying, by which [the School of Shammai] decreed that walking it leads to bring it. And the School of Hillel does not make this decree, as the defilement does not increase as a result of this decree. But, they admit that it is eating it is prohibited, lest by walking with it, one will bring it (and it leads to someone consuming it).
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