פירוש על חולין 3:1
Bartenura on Mishnah Chullin
אלו טרפות. מיקב הושט – the gullet has two skins: the red outer one and the white inner one. If he punctured this one without the other, it is valid–fit; if he punctured both of them, even this one that does not correspond to that one, it is “torn” [and not kosher]. And each perforation is a little bit.
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English Explanation of Mishnah Chullin
The following [defects] render cattle terefah:
If the esophagus was pierced;
If the windpipe severed;
If the membrane of the brain was pierced;
If the heart was pierced as far as its cavity thereof;
If the spine was broken and the cord severed;
If the liver was gone and none of it remained;
If the lung was pierced,
Or if part of it was missing Rabbi Shimon says: only if it was pierced as far as the main bronchi;
If the stomach,
If the gall-bladder was pierced,
If the intestines were pierced;
If the innermost stomach was pierced,
If the greater part of the outer stomach was pierced. Rabbi Judah says: in a large animal [if it was torn] to the extent of a handbreadth, and in a small animal the greater part.
If the omasum (the third stomach of a [was pierced];
Of if the second stomach was pierced on the outside;
If the animal fell from the roof;
If most of its ribs were fractured;
Or if it was mauled by a wolf Rabbi Judah says: small animals [are terefah] if mauled by a wolf, large cattle if mauled by a lion; small fowl if mauled by a hawk, large fowl if mauled by a falcon.
This is the rule: if an animal with a similar defect could not continue to live, it is terefah.
Exodus 22:30 states, “Meat in a field that is terefah you shall not eat, cast it to the dogs.” The word “terefah” literally means “torn apart by animals.” The rabbis assume that since another verse already forbade eating “nevelah,” which they interpret to mean any animal that was improperly slaughtered, the word “terefah” must refer to something else. They therefore interpret the word “terefah” to refer to an animal that have suffered an injury, or has some sort of defect, that will cause it to die imminently. Such an animal is prohibited even if it was slaughtered properly.
The first five mishnayot of our chapter deal with which wounds or defects cause an animal to be a terefah. Our mishnah lists 18 different ways a cattle can become a terefah.
Sections 1-18: This is the list of the 18 defects that cause cattle, cows, sheep and goats, to become a terefah. Most of these are self-explanatory, more so perhaps to those of you that are biologists or veterinarians. Rabbi Shimon and Rabbi Judah (in sections 8, 13 and 18) distinguish between large animals (cows) and small animals (sheep and goats). According to these two sages, the defects are not exactly the same for the two different types of animals.
Section nineteen: This section provides the general rule of when an animal becomes a terefah.
If the esophagus was pierced;
If the windpipe severed;
If the membrane of the brain was pierced;
If the heart was pierced as far as its cavity thereof;
If the spine was broken and the cord severed;
If the liver was gone and none of it remained;
If the lung was pierced,
Or if part of it was missing Rabbi Shimon says: only if it was pierced as far as the main bronchi;
If the stomach,
If the gall-bladder was pierced,
If the intestines were pierced;
If the innermost stomach was pierced,
If the greater part of the outer stomach was pierced. Rabbi Judah says: in a large animal [if it was torn] to the extent of a handbreadth, and in a small animal the greater part.
If the omasum (the third stomach of a [was pierced];
Of if the second stomach was pierced on the outside;
If the animal fell from the roof;
If most of its ribs were fractured;
Or if it was mauled by a wolf Rabbi Judah says: small animals [are terefah] if mauled by a wolf, large cattle if mauled by a lion; small fowl if mauled by a hawk, large fowl if mauled by a falcon.
This is the rule: if an animal with a similar defect could not continue to live, it is terefah.
Exodus 22:30 states, “Meat in a field that is terefah you shall not eat, cast it to the dogs.” The word “terefah” literally means “torn apart by animals.” The rabbis assume that since another verse already forbade eating “nevelah,” which they interpret to mean any animal that was improperly slaughtered, the word “terefah” must refer to something else. They therefore interpret the word “terefah” to refer to an animal that have suffered an injury, or has some sort of defect, that will cause it to die imminently. Such an animal is prohibited even if it was slaughtered properly.
The first five mishnayot of our chapter deal with which wounds or defects cause an animal to be a terefah. Our mishnah lists 18 different ways a cattle can become a terefah.
Sections 1-18: This is the list of the 18 defects that cause cattle, cows, sheep and goats, to become a terefah. Most of these are self-explanatory, more so perhaps to those of you that are biologists or veterinarians. Rabbi Shimon and Rabbi Judah (in sections 8, 13 and 18) distinguish between large animals (cows) and small animals (sheep and goats). According to these two sages, the defects are not exactly the same for the two different types of animals.
Section nineteen: This section provides the general rule of when an animal becomes a terefah.
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Bartenura on Mishnah Chullin
ופסוקת הגרגרת – through most of its width, and it is not torn until he tears most of the cavity. But the thickness of the tip–lobe doesn’t complete towards the majority. But especially, when it was torn in its width, it is disqualified–unfit in its majority., but in its length of the windpipe, even if there didn’t remain in it other than one limb–vertebra of the spinal column above to the side of the head and one vertebrae of the spinal column–limb below near the laps (i.e., extreme ends) of the lungs, it is kosher–fit, because all the time that the animal pulls its neck more, the slit becomes smaller and is not seen.
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Bartenura on Mishnah Chullin
ניקב קרום של מוח – the brain has two membranes [surrounding it]. The upper one is attached to the bone of the skull and the second is adjacent to the brain. If the upper one is punctured and the second [membrane] that is adjacent to the brain is enduring, it is kosher–fit. If he punctures the second [membrane] that is adjacent to the brain even though the upper [membrane] endures, it (i.e., the animal) is torn–not kosher, and even though the bone is not punctured.
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Bartenura on Mishnah Chullin
ניקב הלב לבית חללו – the heart has two cavities. The large one is to the right side of the animal. The smaller cavituy is to the left side. If the heart is perforated at all and the the perforation reaches to one of these two cavities, it is considered torn–unfit. And similarly, if it perforated the cartilage that is in the heart that is made like a canal–duct and it is called the stem of the heart, it is torn–unfit (i.e., not kosher).
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Bartenura on Mishnah Chullin
נשברה השדרה – the vertebrae of the spine–backbone.
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Bartenura on Mishnah Chullin
ונפסק החוט (the spinal cord is severed) – like a white cord that projects from the brain and passes through the entire length of the spine. And a thin membrane surrounds the [spinal] cord. But if the majority of what surrounds the width of this membrane, that is the [spinal] cord is severed and it is torn, even if the backbone is not broken, but rather, it (i.e., the Mishnah) took the usual incident, for most of the severing of the [spinal] cord is through the breaking of the backbone–spine.
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Bartenura on Mishnah Chullin
ניטל הכבד ולא נשתייר הימנו כלום – it is torn–unfit (i.e., not kosher). Until there should remain an olive’s bulk in the place of the bile–gall and an olive’s bulk in the place that it lives from there, which is the place of its suspension when it is interwoven and attached under the kidneys. But if there remained in it less than two olives-bulk in these two places, or even more than two-olives’ bulk but not in these two places, it is torn–unfit (i.e., not kosher).
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Bartenura on Mishnah Chullin
הריאה שניקבה – the lung has two thin membranes, if this one was punctured without that one, it is kosher–fit. If both were punctured and the wind–air comes out when we blow it up, it is torn–unfit (i.e., not kosher). And the reason for a punctured lung, they (i.e., the Rabbis) forbade all of the adhesions of the lobes of the lung to each other that are in the lung when they are in a place where they are made to be severed. Because there is no adhesion without a puncture, for the lung draws all kinds of liquids and the liquid becomes thick within it and goes out gradually through the puncture and it becomes thick and becomes a membrane. And when the adhesions are in a place where they don’t make to be severed, as, for example, a lobe with a lobe in their order (i.e.., the lung has five lobs – Talmud Hullin 47a), this one protects that one and returns to its health and the perforation is not revealed, but when they are in the place that they are made to be severed, the membrane breaks apart and the perforation is revealed.
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Bartenura on Mishnah Chullin
או שחסרה – such as, for example when one of the five lobs that the lung has is missing. But if one of the three lobes on the right side is missing, there are those who say that the minor lobe of the lung completes it and it is kosher. But if the minor lobe the lung is missing, there are those who pronounce it fit for use, for this is not something missing, for many animals lack a minor lobe of the lung. Such is proven in the Gemara (Tractate Hullin 47a at the bottom).
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Bartenura on Mishnah Chullin
עד שתנקב לבית הסמפונות (until the perforation of the lungs reaches the starting point of the ramified blood vessels–arteries or bronchia) – small branch sinews of the nervus ischiadicus–bronchial tubes that stretch out with the lung, all of which spill into the large arteries–bronchia. And the בית הסמפונות–bronchial tubes, as it is taught In this Mishnah, meaning to say, to the large bronchial tube from which all of the tubes pour into it. But the Halakha is not according to Rabbi Shimon.
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Bartenura on Mishnah Chullin
ניקבה הקיבה – a puncture going all the way through into the cavity, a bit.
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Bartenura on Mishnah Chullin
ניקבה המרה (if the gallbladder is pierced) – its pocket; to the place where the live does not close it off.
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Bartenura on Mishnah Chullin
ניקבו הדקין – the intestines ., to a place where there aren’t other small bowels near the perforation to protect it, but the anus sphincter retracts and makes a puncture to its neighbor, its neighbor defends it (see Rashi, Tractate Hullin 48b – which surround it.
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Bartenura on Mishnah Chullin
כרס הפנימי (innermost belly is pierced) – the entire belly–stomach is called the inner belly and its piercing is by a little bit. The outer belly, the flesh that covers most of the belly, and it is a thick membrane passing over all of the cavity from the chest to the thighs. But the belly, a small portion of which is hidden underneath the ribs of the chest. But most of it is under that same membrane. But if the majority of it was torn as stated, meaning that we say how much of the membrane corresponding to the majority of the stomach, if that membrane is torn, it is kosher.
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Bartenura on Mishnah Chullin
הגדולה טפח (in the case of a large animal – a handbreadth) – with a large bull, if it is torn a handbreadth, it is [considered] “torn”–unfit (i.e., not kosher), even though it is not the majority, but with a small calf, when the greater part is torn, even though it is not a handbreadth. And the Halakha is according to Rabbi Yehuda.
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Bartenura on Mishnah Chullin
המסס ובית הכוסות (the first stomach of ruminants and the second stomach of ruminants) – the end of the stomach is shaped like a hat and is called the second stomach of ruminants, and the first stomach of ruminants is attached to it. But surrounding their attachment, when one comes to separate them, there is a wall to this one and a wall to that one, and in the middle, they pour one into the other, and the food enters from the second stomach to the first stomach and from the first stomach to the maw and from the maw to the small intestines.
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Bartenura on Mishnah Chullin
שניקבו לחוץ – that the perforation appears from the outside. Such as, for example, that they perforated either this one or that one, that is not in the place where they are attached. This excludes if they perforated at the place of their attachment, which is kosher, because the wall of the first stomach protects over the perforations of the second stomach, and the wall of the second stomach protects over the perforations of the first stomach.
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Bartenura on Mishnah Chullin
נפלה מן הגג – and he slaughtered it immediately, it is [considered] “torn,”–unfit (i.e., not kosher0, if it could not walk on its legs after it fell, for we are concerned lest its limbs were crushed, but if it walked at its full height, it is [considered] fit–kosher and doesn’t require examination. But if it stood and couldn’t walk and he slaughtered it, it requires examination. And similarly, if he waited a period of twenty-four hours after it had fallen and he slaughtered it, even though it didn’t walk nor stand, it is kosher–it and requires examination. But this examination is in the inner cavities of the body to see if its limbs were crushed. But the womb and similarly the organs, the cutting of which is an indication that the animal has been slaughtered according to the ritual (i.e., the windpipe and the gullet), there is no concern regarding crushing of the limbs.
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Bartenura on Mishnah Chullin
נשתברו רוב צלעותיה – the animal has twenty-two large ribs which have marrow, eleven from here (i.e., one side) and eleven from there (i.e., the other side). If six were broken from here and six were broken from there, or eleven from here and one from here, this means that most of its ribs were broken. But this is when they were broken towards the spinal cord, because there is its life, and not from the half that are towards the side of the chest.
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Bartenura on Mishnah Chullin
ודרוסת הזאב – who strikes the animal with its nails and places in it poison and burns it. For there is no attacking with paws or claws other than by hand, but not with the foot. And there is no attack–mauling other than with foreknowledge. And the attack with paws or claws that they spoke of, requires examination corresponding to the intestines, such as, for example, a doubtful attack with paws–claws or that he saw that it was mauled, but the place of the attack is not recognized from the outside, it requires examination of its back and its stomach and its sides and all that corresponds to [the place of] the intestines. But if the flesh is reddened there, it is “torn”–unfit (i.e., not kosher). But if it is definitely a mauled animal, one examines the place of the mauling and sees if the flesh is reddened, it is “torn,” and if not, it is kosher.
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Bartenura on Mishnah Chullin
דרוסת הזאב בדקה – but with a large animal, its poison is not strong enough to burn it.
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ודרוסת ארי בגסה – and all the more so, with a small animal. But Rabbi Yehuda comes to explain the words of the First Tanna–teacher, but not to dispute him. And the Halakha is according to him.
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Bartenura on Mishnah Chullin
הנץ (hawk) – ASHPARVIR – in the foreign tongue.
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Bartenura on Mishnah Chullin
בעוף הדק – doves and birds.
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Bartenura on Mishnah Chullin
דרוסת הגס – ASHTOR.
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Bartenura on Mishnah Chullin
בעוף הגס – geese and chickens.
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Bartenura on Mishnah Chullin
זה הכלל – to include seven kinds of torn animals which are not mentioned in the Mishnah and these are: a) the thigh-bone that jumped from its place from the cavity in the bone of the fat-tail that is inserted into it, and that consumes its sinews; b) it smote even one kidney, and all the more so, in both of them. And its beating reached to the place of the indentation of the kidneys (Tractate Hullin 55b); c) spleen where a complete perforation was made in its thickest part. And if their remained there like the thickness of a golden Denar, it is kosher; d) the gullet and windpipe which are torn loose from the connection so that the larger portion of their circumference is detached (see Tractate Hullin 44a), meaning to say that they were detached in several places and w ere connected here and there a bit; e) a rib was uprooted completely from its root. For especially, they broke, as is taught I our Mishnah that we require the majority, but if one rib was uprooted from its root until half of the vertebrae of the spinal column, it is “torn”–unfit (i.e. not kosher); f) a skull that sustained many beatings on the skull and the membrane was not reduced in size nor perforated. If the larger portion of it was crushed (see Talmud Hullin 42b), that is, crushed, it is “torn” (not Kosher); g) and flesh hat covers the vast majority of the stomach, also is according to the one who sates that the Tanna–teacher brings it in [the words], “this is the general principle.” But it is not mentioned explicitly in the Mishnah, because they do not explain the outer stomach which is taught in the Mishnah which is flesh that covers most of the stomach, as I explain above. And similarly, the Tanna–teacher brings in “this is the general principle” an animal whose back legs were severed from the knee and its surrounding parts and above, it is “torn,” (i.e., not kosher). And a loss in the spine–backbone, if one vertebrae of the spinal column was missing, it is “torn,” (and not kosher). Skin flayed in consequence of bruises, scabs, etc. where the skin fell and completely stripped, or on account of boils or on account of work, is “torn.” And animal’s lungs that were shrunk, whose lungs had shriveled (see Tractate Hullin 55b) and became like dried palm branches on account of fear that humans are frightening the, specifically at the hand of Heaven as Is taught further on that the animal is kosher because of the adornment of the lung, but not by the hand of mankind. And all of these “torn” are included by the Tanna in “this is the general principle.”
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Bartenura on Mishnah Chullin
כל שאין כמוה חיה (Any the like of which does not live) – that were struck with a blow, for the cattle were not struck – its example is able to live.
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