Комментарий к Хулин 2:10
הַשּׁוֹחֵט לְשֵׁם עוֹלָה, לְשֵׁם זְבָחִים, לְשֵׁם אָשָׁם תָּלוּי, לְשֵׁם פֶּסַח, לְשֵׁם תּוֹדָה, שְׁחִיטָתוֹ פְסוּלָה. וְרַבִּי שִׁמְעוֹן מַכְשִׁיר. שְׁנַיִם אוֹחֲזִין בְּסַכִּין וְשׁוֹחֲטִין, אֶחָד לְשֵׁם אַחַד מִכָּל אֵלּוּ, וְאֶחָד לְשֵׁם דָּבָר כָּשֵׁר, שְׁחִיטָתוֹ פְסוּלָה. הַשּׁוֹחֵט לְשֵׁם חַטָּאת, לְשֵׁם אָשָׁם וַדַּאי, לְשֵׁם בְּכוֹר, לְשֵׁם מַעֲשֵׂר, לְשֵׁם תְּמוּרָה, שְׁחִיטָתוֹ כְשֵׁרָה. זֶה הַכְּלָל, כָּל דָּבָר שֶׁנִּדָּר וְנִּדָּב, הַשּׁוֹחֵט לִשְׁמוֹ, אָסוּר, וְשֶׁאֵינוֹ נִדָּר וְנִדָּב, הַשּׁוֹחֵט לִשְׁמוֹ, כָּשֵׁר:
Когда человек убивает животное [для мирского использования вне храма] как жертва всесожжения или [другая] жертва, или как жертва сомнительного греха, или как жертва Пасхи, или как жертва благодарения, это Пасоол; но Р. Симеон считает это кассиром. Когда два человека берут нож на убой, и один из них сделал это с намерением убить его в качестве одной из упомянутых жертвоприношений, а другой с законным намерением, это Пасоол. Когда он был убит как жертва за грех, или как некая жертва за посягательство, или как первенец, или как десятину [животных], или как обменная жертва, это Кашер; ибо это правило: «Если животное было убито в качестве жертвы, которую может принести добровольная клятва, это Пасооль; но если оно было убито, как любая другая жертва, это Кашер».
Bartenura on Mishnah Chullin
השוחט – [He who does ritual slaughter] on unconsecrated animals outside [of the Temple]
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Chullin
Introduction
Today’s mishnah is, in a sense, the mirror image of mishnah eight. Whereas yesterday we learned about one who slaughtered an animal for it to be an idolatrous sacrifice, in today’s mishnah we learn about one who slaughters an animal for it to be a Jewish sacrifice, but does so outside of the Temple. While his intentions may have been good, this is still a no-no. The question is: is the slaughtering valid?
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
לשם עולה – because a burnt-offering comes from a vow and–or a voluntary donation, he who sees it states;: Now he is sanctifying [it] and performing ritual slaughter [on it] for a burnt offering, and sacred things outside [the Temple], are permitted [to do so]. Therefore, the Rabbis decreed on it that it is invalid, and similarly, peace-offerings, etc.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Chullin
If one slaughtered [an unconsecrated animal outside the Temple court] for it to be an olah or a shelamim or an asham for a doubtful sin or as a Pesah or a todah, the slaughtering is invalid. But Rabbi Shimon declares it valid. An olah (whole-burnt offering), a shelamim (wellbeing offering) and a todah (thanksgiving offering) can be offered as voluntary offerings. Therefore, if one slaughters an animal with the intent of it being an olah or a shelamim but does so outside of the Temple, it looks as if he is now sanctifying the animal to be a sacrifice and slaughtering it outside of the Temple. Note that the animal is not actually invalid, because he did not sanctify it before he slaughtered it, and for an animal to be a sacrifice it must first be sanctified. However, the rabbis prohibited it lest it look like he is slaughtering and eating sanctified meat outside of the Temple. Our mishnah thinks that an asham (guilt-offering) brought for a doubtful sin (meaning one is not even sure if one sinned) can also be brought voluntarily. Therefore, it too is invalid if slaughtered for this purpose outside of the Temple. With regard to the pesah, since it can be set aside at any time during the year, someone might think that by slaughtering it now outside of the Temple, he is sanctifying it. Therefore, it is invalid. Rabbi Shimon holds that the slaughtering is valid because that is not the way that one offers a sacrifice. One doesn’t voluntarily offer a sacrifice in order to slaughter it outside of the Temple. Since his sanctifying the animal is obviously invalid, everyone will understand that he has not performed a sacrifice. Therefore, the slaughtering is invalid. For case in which Rabbi Shimon uses similar reasoning see Menahot 12:3.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
אשם תלוי – which comes on a doubtful liability for extirpation, such as two pieces [of meat] (one of which is forbidden and one allowed) – of abdominal fat of cattle (which is forbidden) and the permitted fat of animals (that is permitted to consume) and it is not known which of them ate or [the case] of his wife or his sister with him in bed and he has sexual relations with one of them and he doesn’t know which of them he had sexual relations, he brings a guilt-offering offered when in doubt [as to the commission of a sinful act] to protect [himself] against suffering until it becomes known to him if he committed an undoubtful offense [for which] he brings his sin-offering. And our Mishnah is [according to] Rabbi Eliezer who stated {Keritut 25a) that a person brings a guilt-offering when in doubt [as to the commission of a sinful act] every day, for every day, he stands in the doubt of sin and his heart smites him lest I sinned, and it is found that it relates to something he either vowed or voluntarily donated.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Chullin
If two persons held one knife and slaughtered [an unconsecrated animal outside the Temple court], one declaring it to be one of the above and the other intending it for a legitimate purpose, the slaughtering is invalid. As we learned in mishnah eight, when two people jointly slaughter an animal and only one of them has an intention that would render the slaughtering invalid, the one person’s intention invalidates the animal. So too here, the fact that one of them intends for the animal to be a sacrifice renders it invalid.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
לשם פסח – The Passover sacrifice is also called something that is vowed or freely donated, since it can be separated out all the days of the year and set aside until its appropriate time; they say that he ritually slaughters peace-offerings outside of the Temple and consumes them.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Chullin
If one slaughtered [an unconsecrated animal outside the Temple court] for it to be a hatat or an asham or a first-born or the tithe [of cattle] or a substitute offering, the slaughtering is valid. The sacrifices in this section can not be voluntarily donated to the Temple. They are only brought by those who incur an obligation to bring them. Since everyone knows that the person sacrificing them was not obligated to bring such a sacrifice, they will know that he is not really sacrificing an animal outside of the Temple. Therefore, the meat is valid. We will learn more about what exactly a “substitute sacrifice” is in tractate Temurah.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
ורבי שמעון מכשיר – And he is not concerned with avoiding the semblance of wrong-doing (i.e., appearance-sake).
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Chullin
This is the general rule: if one slaughtered an animal declaring it to be a sacrifice which can be brought either as a voluntary or a freewill-offering it is invalid, but if he declares it to be a sacrifice which cannot be brought either as a votive or a freewill-offering it is valid. This section provides the general rule that is the basis for my explanation above.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
אשם ודאי – such as the guilt-offering brought for theft, (or) someone who lied when taking an oath on denying money (owed), and the guilt-offering for misappropriation of sacred property and the guilt-offering for a maidservant designated to become the wife of one selected by her master (Gittin 43a), and on account that the guilt-offering for doubtful liability for having sexual relationships is referred to as the guilt offering for the undoubted commission of certain offenses.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
לשם בכור לשם מעשר – people surely know that it is a lie, for the First born offerings and tithes have a voice and people know before this, for if that time is not appropriate for their being set aside, that one would say that now is the time sanctifies them..
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
זה הכלל – to include if a person said: Behold I am ritually slaughtering for the sake of burnt-offering of a Nazirite, which is invalid. For you might say that one should not be concerned for waste, for it is known that he did not make a vow, which comes to teach us that people will surely say that perhaps he made a vow in private [during] these thirty days which is the undefined [shortest period for being] a Nazirite, and on the thirtieth day, the matter is not known to his neighbors.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Chullin
ושאינו נידר ונידב – including the burnt-offering of a woman who gave birth, for he said, [this offering is made] explicitly for the purpose of a woman who gave birth, it is valid, even if he said that it was for the sake of a woman is not obligated to bring a sacrifice after giving birth, For you might have thought since that particular woman was not liable [to bring] a sacrifice upon giving birth, it [the sacrifice] was only a free-will donation, it comes to teach us that lest she miscarried, for a miscarriage has no voice and it is found that this sacrifice is obligatory and not a donation, and therefore, his ritual slaughter is valid.
Ask RabbiBookmarkShareCopy