Комментарий к Хулин 7:6
נוֹהֵג בִּטְהוֹרָה, וְאֵינוֹ נוֹהֵג בִּטְמֵאָה. רַבִּי יְהוּדָה אוֹמֵר, אַף בִּטְמֵאָה. אָמַר רַבִּי יְהוּדָה, וַהֲלֹא מִבְּנֵי יַעֲקֹב נֶאֱסַר גִּיד הַנָּשֶׁה, וַעֲדַיִן בְּהֵמָה טְמֵאָה מֻתֶּרֶת לָהֶן. אָמְרוּ לוֹ, בְּסִינַי נֶאֱמַר, אֶלָּא שֶׁנִּכְתַּב בִּמְקוֹמוֹ:
Запрещение גיד הנשה [седалищного нерва] распространяется на чистых животных, а не на нечистых. Р. Иуда сказал: «Это необходимо соблюдать и в отношении нечистых животных». поскольку он утверждал так: «גיד הנשה [седалищный нерв] был запрещен со времен сыновей Иакова [т.е. до обнародования закона], когда еще не было запрещено использовать нечистых животных в пищу». Мудрецы ответили: «Эта заповедь была впервые обнародована на Синае, но была написана [случайно] на ее месте».
Bartenura on Mishnah Chullin
ואינו נוהג בטמאה – for if he ate the sciatic nerve of prohibited [meat], the one who states that there is the imparting of a flavor by the nerve–sinew is flogged because it is a ritually impure, and not because of the sinew–nerve, and the one who states that the sinew–nerves have no flavor, is exempt from everything, for a pure piece of wood is what the Torah obligates him, but one that is impure, is not practiced.
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English Explanation of Mishnah Chullin
Introduction
In this interesting mishnah, the sages argue whether the prohibition of the sciatic nerve applies to non-kosher (unclean) animals.
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Bartenura on Mishnah Chullin
מבני יעקב נאסר – and yet that which is impure is permitted to them, until the Giving of the Torah.
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English Explanation of Mishnah Chullin
It applies to clean animals but not to unclean. Rabbi Judah says, even to unclean animals. According to the first opinion, if one eats the sciatic nerve of an unclean animal, a donkey, for instance, he is liable for eating an unclean animal, but he is not liable for having eaten the sciatic nerve. Rabbi Judah disagrees and holds that he has transgressed two prohibitions: 1) eating an unclean animal; 2) eating the sciatic nerve.
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Bartenura on Mishnah Chullin
אמרו לו – this Biblical verse that they warned him at Sinai it was stated at Sinai, but until Sinai, they were not warned about it.
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English Explanation of Mishnah Chullin
Rabbi Judah said: was not the sciatic nerve prohibited from the time of the sons of Jacob, and at that time unclean animals were still permitted to them? They replied, this law was ordained at Sinai but was written in its proper place. Rabbi Judah’s argument is based on the unique placement of the sciatic nerve prohibition in the Torah. In the Torah, the prohibition is given in Genesis, before the rest of the laws are given at Sinai. Before the laws were given, all animals were permitted to all of humanity, including the children of Israel. Thus the sciatic nerve was prohibited at a time when unclean animals were permitted. The special nature of this prohibition stays in place, according to Rabbi Judah, even after the Torah was given on Sinai. The other rabbis argue that this law was actually given on Sinai as well. From the time of Jacob until the giving of the Torah there was no prohibition of the sciatic nerve. When the law was placed in the Torah it was put into the context of the story of Jacob, for the reason for this prohibition lies there. Thus it only applies to animal that were permitted after Sinai clean animals.
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Bartenura on Mishnah Chullin
אלא שנכתב במקומו – after it was stated at Sinai, when Moses came to arrange the Torah, he wrote this Biblical passage about the event, therefore, the children of Israel were warned afterwards that they should not eat the sciatic nerve [to known for which reason it was prohibited to them], but the Halakha is not according to Rabbi Yehuda.
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