Komentarz do Chullin 3:8
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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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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Bartenura on Mishnah Chullin
ניקבה הגרגרת (if the windpipe–gullet is pierced) – without a loss of an Issar as it is explained. But if it was pierced with many punctures, but not perforated throughout, and there is no loss, we view them when they are combined that there is with all of them a majority of the windpipe–gullet, it is “torn” (i.e., not kosher), but if there is in those punctures a loss or that they are missing long straps, we see that if when it is combined all that is missing is that it amounts to more than the measurement of an Issar, it is “torn,” but if equivalent to an Issar or less, it is Kosher, and that is the Halakha.
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English Explanation of Mishnah Chullin
And the following [defects] do not render cattle terefah:
If the windpipe was pierced, or cracked [lengthwise]. To what extent may it be deficient? Rabban Shimon ben Gamaliel says: up to an Italian issar.
If the skull was cracked but the membrane of the brain was not pierced;
If the heart was pierced but not as far as its cavity;
If the spine was broken but the cord was not severed;
If the liver was removed but an olive's size of it remained.
If the omasum or the third stomach were pierced at their juncture;
If the spleen was removed, or the kidneys, or the lower jaw-bone or the womb.
If [the lung] was shrunken up by an act of Heaven.
If an animal was stripped of its hide: Rabbi Meir declares it valid But the rabbis declare it invalid.
Today’s mishnah lists cases in which defects do not render cattle terefah. Again, most of these are self-explanatory (as before, easier to picture for the veterinarians among us)
Section one: If the windpipe was severed, we learned yesterday that the animal is a terefah. If, however, it was only pierced or cracked, the animal is valid. When it is pierced, the hole can be up to the size of an Italian issar, a small coin.
Section two: The animal is a terefah only if the brain membrane was pierced. A cracked skull does not render an animal a terefah.
Sections 3-6: The opposite of most of these cases can be found in yesterday’s mishnah.
Sections 7: The removal of any of these organs does not render the animal a terefah, because it can continue to live.
Section eight: If an animal’s lung was shrunk up due to fear of some heavenly act, for instance the animal was frightened by thunder or lightning, then the animal is not a terefah. However, if it was frightened by an act perpetrated by a human being, then the animal is a terefah.
Section nine: I will admit that it is hard for me to comprehend how an animal that has no hide can continue to live, but evidently, Rabbi Meir believes that it can. The other rabbis say that it is a terefah.
If the windpipe was pierced, or cracked [lengthwise]. To what extent may it be deficient? Rabban Shimon ben Gamaliel says: up to an Italian issar.
If the skull was cracked but the membrane of the brain was not pierced;
If the heart was pierced but not as far as its cavity;
If the spine was broken but the cord was not severed;
If the liver was removed but an olive's size of it remained.
If the omasum or the third stomach were pierced at their juncture;
If the spleen was removed, or the kidneys, or the lower jaw-bone or the womb.
If [the lung] was shrunken up by an act of Heaven.
If an animal was stripped of its hide: Rabbi Meir declares it valid But the rabbis declare it invalid.
Today’s mishnah lists cases in which defects do not render cattle terefah. Again, most of these are self-explanatory (as before, easier to picture for the veterinarians among us)
Section one: If the windpipe was severed, we learned yesterday that the animal is a terefah. If, however, it was only pierced or cracked, the animal is valid. When it is pierced, the hole can be up to the size of an Italian issar, a small coin.
Section two: The animal is a terefah only if the brain membrane was pierced. A cracked skull does not render an animal a terefah.
Sections 3-6: The opposite of most of these cases can be found in yesterday’s mishnah.
Sections 7: The removal of any of these organs does not render the animal a terefah, because it can continue to live.
Section eight: If an animal’s lung was shrunk up due to fear of some heavenly act, for instance the animal was frightened by thunder or lightning, then the animal is not a terefah. However, if it was frightened by an act perpetrated by a human being, then the animal is a terefah.
Section nine: I will admit that it is hard for me to comprehend how an animal that has no hide can continue to live, but evidently, Rabbi Meir believes that it can. The other rabbis say that it is a terefah.
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Bartenura on Mishnah Chullin
או שנסדקה (or was slit) – and that which remains from it in the windpipe above and below is a bit.
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נפחתה הגלגולת (if the skull was hallowed out) – the bone was hallowed it, and we can see that the membrane of the brain was not pierced.
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Bartenura on Mishnah Chullin
ניטלה הכבד ונשתייר הימנה כזית – and here would be an olive’s bulk in the place of the bile, and an olive’s bulk in the place which is interwoven–intertwined.
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Bartenura on Mishnah Chullin
זה לתוך זה – that are adjacent and the walls of both of them are attached one to the other, and in their middle, they pour one to the other. But if they went back and pierced it in the place of the attachment of their walls, and the puncture is not visible towards the outside but rather only this within that, it is kosher, for they also pour into each other.
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Bartenura on Mishnah Chullin
ניטל הטחול – it is not taught other than taken out–removed, but if it is punctured in the place of its thickness and there doesn’t remain in it like the thickness of a golden Denar, it is “torn,” as we have explained above (Mishnah 1).
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Bartenura on Mishnah Chullin
ניטלו הכליות – whether they removed both of them or whether one of them was removed, it is kosher. And it did not teach [in the Mishnah] that it was removed, but a kidney that was made smaller on account of illness, with a small one until [the size of] a pea, and with a large one, until it is like an intermediate-size fruit on a tree–stalk of grapes, it is [considered] “torn,” (and not kosher). And if it became filled with decayed water, it is “torn,” but clear water, it is kosher.
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ניטל לחי התחתון (if the lower jaw was removed) – from upon the flesh and the gullet and the windpipe are attached to the skin. But the law only applies when it can live through stuffing [to a point of the throat from which the animal can bring it back again to the mouth] where they pour the food into the mouth. But if it cannot live through stuffing, it is “torn” (and not kosher).
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ניטלת האם – this is the womb, MATRITZ in the foreign tongue, where the fetus is lying.
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וחרותה ביד שמים (if the animal’s lungs are shrunk – wood-like – through an accident) – that its lung shrank and dried out like the dried branches of a palm tree from the sound of thunder and lightning [one should say, the seeing of lightning], it is kosher. But by violence done to it (literally: “at the hands of man”), such as, for example, that a person frightened it or the rest of the creatures, such as the roar of a lion or the sound–voice of a lion, it is “torn” (non-kosher). And how do we know if it was at the hands of heaven (i.e., an accident) and kosher, or by violence done to it (literally: “at the hands of man”) and it is “torn?” In the summer, a person brings white earthenware utensilsand fills them with cold water and places the lung in them for a period of twenty-four hours, if it returns healthy–in its natural condition, it is kosher, but if it does return in its natural condition, it had violence done to it (literally, “at the hands of man”) and is “torn.” But in the winter, he brings black earthenware utensils that do not perspire like the the white, and the water does not become cold. But thee are those who explain that he brings copper utensils and fills them with tepid water and places the lung in them for a period of twenty-four hours, if it returns healthy, it is kosher, and if not, it is “torn” (and not kosher – see Tractate Hullin 55b).
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Bartenura on Mishnah Chullin
הגלודה – that its skill was spread out from it. If there remained in its skin like the width of a Selah over the entire spine, that the vertebrae of the spinal column that were found were completely cover, then it is kosher. But if it was stretched from it the width over the width of the entire backbone, even though all the rest of its skin exists, it is “torn.” And such is the Halakhic decision.
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חכתה חולדה על ראשה – that it (i.e., the weasel) bit it (i.e., the chicken) with its teeth. For had it been by hand (i.e., paw), there is an animal – a bird having been attacked by a beast (which are suspected of leaving a poisonous substance in the body) by a weasel- all corresponding to the cavity that it tears.
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English Explanation of Mishnah Chullin
The following [defects] render birds terefah:
If the esophagus was pierced,
If the windpipe was severed;
If a weasel struck [the bird] on the head in such a place as would render it terefah.
If the gizzard was pierced
If the intestines were pierced.
If it fell into the fire and its innards were scorched: If they turned green, it is invalid, But if they remained red it is valid.
If one trod upon it or knocked it against a wall or if an animal trampled upon it, and it still jerks its limbs, and it remained alive after this for twenty-four hours, and it was thereafter slaughtered, it is valid.
Today’s mishnah lists what defects render a bird a terefah.
Sections 1-2: These are the same signs that render cattle terefot.
Section three: If a weasel (or any other animal) strikes the bird on a spot on its head in such a manner that we would need be concerned that the brain membrane was pierced, then it is a terefah.
Section six: If the innards turn green (gangrene?), that is a sign that the bird is going to die. If they remain red, the color that they were before the bird was burned, then the bird is not a terefah.
Section seven: If after having been struck in some manner the bird begins to jerk its limbs, it must live for another twenty-four hours before we can be sure that it would not have died from the blow. If it is slaughtered before 24 hours are up, then the bird is a terefah.
If the esophagus was pierced,
If the windpipe was severed;
If a weasel struck [the bird] on the head in such a place as would render it terefah.
If the gizzard was pierced
If the intestines were pierced.
If it fell into the fire and its innards were scorched: If they turned green, it is invalid, But if they remained red it is valid.
If one trod upon it or knocked it against a wall or if an animal trampled upon it, and it still jerks its limbs, and it remained alive after this for twenty-four hours, and it was thereafter slaughtered, it is valid.
Today’s mishnah lists what defects render a bird a terefah.
Sections 1-2: These are the same signs that render cattle terefot.
Section three: If a weasel (or any other animal) strikes the bird on a spot on its head in such a manner that we would need be concerned that the brain membrane was pierced, then it is a terefah.
Section six: If the innards turn green (gangrene?), that is a sign that the bird is going to die. If they remain red, the color that they were before the bird was burned, then the bird is not a terefah.
Section seven: If after having been struck in some manner the bird begins to jerk its limbs, it must live for another twenty-four hours before we can be sure that it would not have died from the blow. If it is slaughtered before 24 hours are up, then the bird is a terefah.
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Bartenura on Mishnah Chullin
מקום שעושה אותה טרפה = for one suspects lest it punctured the membrane of the brain. How does it (i.e., the weasel) do this? It brings In its hand–paw into the mouth of the chicken and presses its finger upwards, if the brain breaks through and goes out, it is clearly known that the membrane was pierced and it is “torn.”
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Bartenura on Mishnah Chullin
ניקב הקורקבן – (if the thick muscular stomach–craw–gizzard of fowl was pierced) – that the perforation in the skin of the thick muscular stomach–gizzard of the bird and in the pocket that is within where the food passes through, meaning, that the pocket and the skin are perforated one corresponding to the other. But if the thick stomach that was pierced and it pocket endures, or even if both of them were pierced, but not corresponding one to the other, it is Kosher.
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Bartenura on Mishnah Chullin
ונחמרו בני מעיה (its bowels were affected by inhaling heat–parched) – they shrunk as a result of the heat and their appearance changed–was destroyed. The language of (Lamentations 1:20): “[See, O LORD, the distress I am in!] My heart (literally, ‘my intestines’) is (literally, ‘are’) in anguish.”
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ירוקים פסולים – this is what he said: limbs whose custom is to be red, as, for example, the heart and the liver and the thick muscular stomach which customarily are red, in geese, and in chickens and turtle doves and pigeons and things similar to this, if they changed and became green on account of the fire, they are disqualified, but if they remained red as they were, they are kosher. And same law applies regarding the small intestines which were customarily green. If they changed from their natural state and turned red, they are ineligible. And similarly, the water fowl where their heart, their liver and their gizzard are green, if they fell into the fire and turned red, they are ineligible. For all that changed from their appearance on account of the fire are ineligible. And the measurement of the change of the appearance, is the smallest amount, like the perforation in the smallest amount.
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Bartenura on Mishnah Chullin
דרסה – a person with his feet [tread on them].
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Bartenura on Mishnah Chullin
או שטרפה בכותל – that he it against the wall.
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או שרצצתה בהמה – that one should be worried for these three matters (i.e., fire, being trampled by humans and knocked against a wall) because of lesions of vital organs–internal injurie, and still making convulsive movements.
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אם שהתה מעת לעת ושחטה כשרה – and it requires examination, as we have written above (Mishnah 1 of this chapter) concerning cattle For all “tears” that the Sages counted in cattle, corresponding to fowl. The fowl has more of them, these which are taught in the Mishnah.
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ניקבה הגרגרת או שנסדקה – the perforation of the windpipe–gullet and its splitting in fowl, is like the perforation of the windpipe–gullet and its splitting in cattle. And we have explained this above (Mishnah 1 and Mishnah 3). If a perforation was made which has a loss, if the loss is like he measure of most of the cavity of the windpipe of that fowl, it is “torn,” and if not, it is kosher.
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English Explanation of Mishnah Chullin
Introduction
Today’s mishnah teaches what defects do not render birds into a terefah.
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זפק (bird’s crop) – I is adjacent to the gullet. And all which goes with the gullet when the fowl pulls its neck, its law is like that of the gullet and its perforation is of the smallest amount, but if the rest of the bird’s crop was perforated, it is Kosher.
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English Explanation of Mishnah Chullin
And the following [defects] do not render birds terefah:
If the windpipe was pierced or cracked lengthwise; This is the same defect that does not cause a beast to be a terefah (see mishnah two).
If the windpipe was pierced or cracked lengthwise; This is the same defect that does not cause a beast to be a terefah (see mishnah two).
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רבי אומר אפילו ניטל (even if It is removed)– But the Halakha is not according to Rebbe (i.e., Yehuda HaNasi).
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English Explanation of Mishnah Chullin
If a weasel struck it on the head in such a place as would not render it terefah. The opposite of the section two in yesterday’s mishnah.
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יצאו בני מעיה – it was not taught other than that at the time when they entered into it (i.e., the intestines), he did not switch its upper part (of the intestines to the lower part, or this round part above from where it was, when he switched this one to the top and that one to the bottom. But if he reversed them, it is “torn,” for since one of them was reversed, it is not able to live.
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English Explanation of Mishnah Chullin
If the crop was pierced Rabbi says: even if it was gone. Since I don’t know exactly what a “crop” is, I looked it up in Wikipedia. There the crop is defined in the following manner: “In a bird's digestive system, the crop is an expanded, muscular pouch near the gullet or throat. It is a part of the digestive tract, essentially an enlarged part of the esophagus. As with most other organisms that have a crop, the crop is used to temporarily store food. Not all birds have a crop.” According to the first opinion, if the crop is pierced, the animal is not a terefah, but if the crop is missing, it is a terefah. Rabbi rules even more leniently and holds that even if the crop is removed, it is not a terefah.
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נשתברו גפיה – the bones of the wings [were broken), and especially if they were broken, but the detaching of a wing in a fowl, makes it “torn,” we suspect, that perhaps, the lung was punctured. For since the lung is hidden between the ribs and the soft and thin membrane of the skin that is between each rib and when one detaches its wing, we tear loose the lung with the wing.
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English Explanation of Mishnah Chullin
If the innards protruded [from the body] but were not pierced. As long as the innards were not pierced, the bird is not a terefah.
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Bartenura on Mishnah Chullin
נשתברו רגליה – from the knee and its surrounding parts and below, or even above, if the bone did not protrude outwards, it is taught in (chapter 4 of Tractate Hullin), “A beast which was in hard labor,” that it is “torn,” and there we will explain it.
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English Explanation of Mishnah Chullin
If its wings were broken, or its legs; or if [the wing’s] feathers were plucked. Rabbi Judah says: if its down was gone it is invalid. A broken limb and plucked feathers on the wings do not make the bird into a terefah. Rabbi Judah holds, that if the bird’s soft cover of down was removed, it is a terefah.
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Bartenura on Mishnah Chullin
נמרטו כנפיה (if its wing feathers are plucked) – that is the large feathers–down that are on her body.
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נוצה – this is the soft [feathers] on the skin, which lack on it reeds, for it is considered like a hide. But the Halakha is not according to Rabbi Yehuda.
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אחוזת הדם – that it (i.e., the animal) was attacked with congestion and became sick.
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English Explanation of Mishnah Chullin
Introduction
This mishnah provides a few more criteria for determining if an animal is a terefah.
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Bartenura on Mishnah Chullin
והמעושנת – that smoke entered into her body.
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English Explanation of Mishnah Chullin
[If an animal] suffered from congestion of the blood, or was overcome by smoke or by a cold, or if it ate oleander or chicken dung, or if it drank noxious water, it is permitted. Although an animal who suffers from one of these problems, or ate or drank one of the things listed here may be in some danger, it is not enough in order to consider the animal a terefah. While these might cause it to die, they might not. Oleander is dangerous to an animal.
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והמצוננת – sickness on account of cold. But Maimonides explained that אחוזת הדם is that the blood overcame her, and המעושנת is that the black secretion had overcome her; and המצוננת is that the white secretion has overcome her. But it did not mention he fourth secretion which is red, because it is not found so much with cattle.
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English Explanation of Mishnah Chullin
If it ate poison or was bitten by a snake, it is not forbidden as trefah but it is forbidden as a danger to life. Commentators understand the “poison” here to be something that is poisonous to people but not animals. If it was poisonous to animals, it would certainly render the animal a terefah. The snake bite also must also be understood as a bite not strong enough to kill the animal. Since these things will not kill the animal, the animal is not a terfah. Although the animal is not a terefah, its meat is forbidden because it is a danger to human beings. The rabbis took very seriously the prohibition of causing danger to oneself. Eating meat that might cause death or other harm is not just foolish, it is religiously forbidden.
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Bartenura on Mishnah Chullin
הרדופני (creeper- the berries of which are injurious to animals) – it is a deathly drug of cattle, and similarly, the excrement of chickens, that animals–cattle that eat from eat die.
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Bartenura on Mishnah Chullin
המים הרעים – revealed water.
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Bartenura on Mishnah Chullin
סם המות – a thing that is a deadly drug to humans, but is not a deadly drug to animals.
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הדורס (that attacks with paws or claws) – it grasps with its nails and lifts up from the ground what it eats. And there are those who explained it, that it doesn’t wait for the living prey until it dies but rather eats it while [it is] living.
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English Explanation of Mishnah Chullin
Introduction
Our mishnah provides the characteristics by which it can be determined whether a bird is clean (kosher) or unclean (tref, in modern terminology).
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אצבע יתירה – this is the high finger–digit (i.e., talon) that is behind the [other] fingers.
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English Explanation of Mishnah Chullin
The characteristics of cattle and of wild animals are stated in the Torah. Leviticus 11 teaches characteristics, split hooves and cud-chewing, that distinguish clean beasts or wild animals (such as a deer) from unclean beasts, such as the pig and camel that cannot be eaten.
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וקרקבנו נקלף – the pocket that is within the thick muscular stomach–craw peals from the flesh of the thick muscular stomach–craw . But not that every pure–clean fowl has all of these organs, but one organ alone is sufficient, but as long as we know about it (i.e., the animal) that it doesn’t attack with paws or claws and eat. But the Gaonim wrote that the tradition in their hands was that they don’t validate fowl that comes with one organ and even though it is known to us regarding it that it does not attack with paws or claws and eats, other than if that that organ whose thick muscular stomach can be pealed by hand, but if it cannot be peeled by hand even though it always has a crop or an extra finger–talon, they did not permit it.
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English Explanation of Mishnah Chullin
The characteristics of birds are not stated, but the sages said: every bird that seizes its prey is unclean. The Torah does not list the characteristics of birds that are permitted or forbidden. Rather, it provides a list of names of birds that are forbidden. The rabbis had to fill in the gap and provide a general characteristic: any bird that seizes its prey, be it other birds or small animals, is unclean and not kosher. Just as the animals that we eat are peaceful animals that eat only vegetation, so too the birds that we eat do not eat other birds (although they may eat worms and insects, and not just vegetation).
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Bartenura on Mishnah Chullin
החולק את רגליו – when he places it on a chord–sinew, it places its two fingers from there and two from there.
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English Explanation of Mishnah Chullin
Every bird that has an extra toe, or a crop and a gizzard that can be peeled, is clean. If the bird is not one that seizes its prey, then there are a couple of signs that can be used to determine whether it is pure. These would be necessary in case new birds are discovered and one does not know whether they can be eaten. If the bird has an extra toe on the back part of its foot, it is clean and can be eaten. If its crop (explained in mishnah four) or gizzard can be peeled from the flesh by hand, then it is also clean. Commentators debate whether the bird needs to have all of these characteristics to be kosher, or whether one is sufficient.
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Bartenura on Mishnah Chullin
טמא – whereby it is known that it attacks with its claws or paws.
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English Explanation of Mishnah Chullin
Rabbi Elazar bar Zadok says: every bird that parts its toes is unclean. Rabbi Elazar bar Zadok adds a sign to determine when a bird is impure. If when stood on a rope it splits its toes, two in front and two in back, then it is unclean. This is a sign that the bird is a predator.
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Bartenura on Mishnah Chullin
ובחגבים – this is the sign of their pu- ity.
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English Explanation of Mishnah Chullin
Introduction
Some types of locusts are clean and can be eaten (see Leviticus 11:20-25). Our mishnah teaches the characteristics of locusts and fish that can be eaten.
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כל שיש לו ארבע רגלים וארבע כנפים ויש לו קרסולים (see Leviticus 11:21- jointed legs) – they are two long legs outside of the four. And they are adjacent to its neck, above from its legs to leap with them when it wishes to jump, it strengthens itself with them.
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English Explanation of Mishnah Chullin
Of locusts: all that have four legs, four wings, leaping legs, and wings covering the greater part of the body, [are clean.] Rabbi Yose says: its name must be locust. For a locust to be clean it must have four legs and wings. It must also have two legs above its other legs with which to leap (see Leviticus 11:21). And its wings must cover the greater part of its body. Rabbi Yose adds that it must be called a locust. If it has all of the signs of being kosher but it is not called a “locust” then it is not kosher. We can see here just how important a name can be to the status of the validity of the animal.
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רבי יוסי אומר ושמו חגב – even though it has these four distinguishing marks, it is not kosher, other than if it is known that its name is locust. And this is the Halakha.
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English Explanation of Mishnah Chullin
Of fishes: all that have fins and scales [are clean]. Rabbi Judah says: there must be [at least] two scales and one fin. The Torah states this rule explicitly, see Leviticus 11:9. Rabbi Judah adds that there must be at least two scales.
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כל שיש לו סנפיר וקשקשת – even if it doesn’t have it now, and will in the future will grow one after a while, or that it has one now, and it will, in the future will drop it when it leaves the water (see Tractate Hullin 66a), it is permitted.
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English Explanation of Mishnah Chullin
The scales are those which are immovable, the fins are those [wings] by which it swims. The mishnah now defines scales and fins. Scales are those that are immovable, meaning that the fish does not have control over them. Whereas the fins are like wings to a bird in that the fish swims by moving his fins.
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וסנפירין הפורח בהם – that roam–swim with them over the face of the water.
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