Chullin - Daf 41
- ישראל לצעוריה קא מיכוין, and does not mean to shecht his friend’s animal for idolatry
On the previous Daf, Amoraim argued if one who shechts another person’s animal for idolatry prohibits it. The Gemara proves that Tannaim argue about this question: if an idolator performed an idolatrous ניסוך – libation with a Jew’s wine, the Tanna Kamma says he prohibits it, but other Tannaim say it remains permitted for two reasons: firstly, because an עכו"ם only performs ניסוך in front of an idol. Secondly, because the Jew can say: לא כל הימנך שתאסר ייני לאונסי – “You have no ability to prohibit my wine against my will.” Rav Nachman, Rav Amram, and Rav Yitzchak, who say one does not prohibit someone else’s animal by shechting it for idolatry, explain that although Tannaim here say an idolator prohibits a Jew’s wine through ניסוך, that is only true for a gentile, but regarding a Jew, לצעוריה קא מיכוין – he intends only to torment his fellow by deceiving him to think that his animal is becoming prohibited, but does not actually intend to shecht it for idolatry. This does not apply to a ישראל מומר – Jewish apostate, whose declared intent for idolatry is taken seriously.
- One may not shecht into a pit; shechting cleanly in one’s חצר
The next Mishnah states that one may not shecht into seas, rivers, or כלים (which may appear to be shechting for avodah zarah), but he may shecht into a pool of water, or in a boat on top of כלים. אין שוחטין לגומא כל עיקר – We may not shecht into a pit at all, because this was a practice of מינין for idolatry. The Mishnah continues that one may make a pit in his house for the blood to collect there, ובשוק לא יעשה כן – but one may not do so in the street, שלא יחקה את הצדוקים – so as not to follow the צדוקים’s practices. Since the Mishnah first forbade shechting into a pit altogether, Rava reinterprets the Mishnah’s permit to make a pit in one’s house: הרוצה לנקר חצרו – one who wants to [keep] his yard clean when he shechts, עושה מקום חוץ לגומא – he should make an area outside the pit and shecht over it, and the blood will drip down to the pit. But he may not do so in the marketplace, which appears to be following the צדוקים’s practices (since the שוק’s cleanliness is not his concern). A Baraisa supports this interpretation, and concludes that if one did so, צריך בדיקה אחריו – he requires an inspection to determine if he is a מין.
- Shechting for the sake of a korban
The next Mishnah states that if one shechts an animal (of chullin) for the sake of a korban עולה, a שלמים, an אשם תלוי, a פסח, or a תודה, the shechitah is invalid (מדרבנן), because an onlooker may conclude that he was makdish it for that korban at the time of shechitah. [Rebbe Shimon says the shechitah is valid.] If one shechted an animal for the sake of a korban חטאת, an אשם ודאי, a bechor, a maaser (beheimah), or a תמורה, the shechitah is valid. Since these korbanos cannot be brought voluntarily, but as a result of a particular event, it would be known about by others. Therefore, people realize that his declared intent is meaningless, and the shechitah is not disqualified. The Mishnah concludes: זה הכלל – this is the rule: כל דבר שנידר ונידב – any [korban] which can be vowed or donated, השוחט לשמו אסור – if one shechts for that [korban’s] sake, it is forbidden to eat. But if one shechts for the sake of a korban which cannot brought voluntarily, the shechitah is valid. [The Gemara explains why an אשם תלוי and korban פסח are in the first category.] Rebbe Yannai says the Mishnah’s ruling does not apply to בעלי מומין, because people realize they are not korbanos. Rebbe Yochanan argues, because people sometimes cover the מום and it goes unnoticed.
