Mishnayos Chullin Perek 1

Mishnayos 1:1 and 1:2

The first two Mishnayos of the Mesechta detail:

  • Who may slaughter the animal
  • When may the animal be slaughtered
  • With what type of instrument may an animal be slaughtered

These Mishnayos appear to have been merged from two distinct sources as can be seen by the color coding (See Albeck).

(א)

הַכֹּל שׁוֹחֲטִין וּשְׁחִיטָתָן כְּשֵׁרָה, חוּץ מֵחֵרֵשׁ, שׁוֹטֶה, וְקָטָן, שֶׁמָּא יְקַלְקְלוּ בִשְׁחִיטָתָן.

וְכֻלָּן שֶׁשָּׁחֲטוּ וַאֲחֵרִים רוֹאִין אוֹתָן, שְׁחִיטָתָן כְּשֵׁרָה.

שְׁחִיטַת נָכְרִי, נְבֵלָה, וּמְטַמְּאָה בְמַשָּׂא.
הַשּׁוֹחֵט בַּלַּיְלָה, וְכֵן הַסּוּמָא שֶׁשָּׁחַט, שְׁחִיטָתוֹ כְשֵׁרָה.

הַשּׁוֹחֵט בְּשַׁבָּת, וּבְיוֹם הַכִּפּוּרִים, אַף עַל פִּי שֶׁמִּתְחַיֵּב בְּנַפְשׁוֹ, שְׁחִיטָתוֹ כְשֵׁרָה:

(ב)

הַשּׁוֹחֵט בְּמַגַּל יָד, בְּצוֹר, וּבְקָנֶה, שְׁחִיטָתוֹ כְשֵׁרָה.
הַכֹּל שׁוֹחֲטִין

וּלְעוֹלָם שׁוֹחֲטִין,

וּבַכֹּל שׁוֹחֲטִין, חוּץ מִמַּגַּל קָצִיר, וְהַמְּגֵרָה, וְהַשִּׁנַּיִם, וְהַצִּפֹּרֶן, מִפְּנֵי שֶׁהֵן חוֹנְקִין.

הַשּׁוֹחֵט בְּמַגַּל קָצִיר בְּדֶרֶךְ הֲלִיכָתָהּ,

בֵּית שַׁמַּאי פּוֹסְלִין,

וּבֵית הִלֵּל מַכְשִׁירִין. וְאִם הֶחֱלִיקוּ שִׁנֶּיהָ, הֲרֵי הִיא כְסַכִּין:

(1) All may slaughter, and their slaughtering is valid, except a deaf-mute, an imbecile or a minor, lest they mess up [the animal] through their slaughtering. And if any of these slaughtered while others were standing over them, their slaughtering is valid. That which is slaughtered by a non-Jew is a nevelah and defiles by carrying. If one slaughtered at night, and also a blind man that slaughtered, the slaughtering is valid. One who slaughtered on Shabbat or Yom Kippur, even though he is liable for his own life, the slaughtering is valid.

(2) If one slaughtered with [the smooth edge of] a hand sickle, with a flint or with a reed, the slaughtering is valid. All may slaughter; at all times one may slaughter; and with any implement one may slaughter, except a scythe, a saw, teeth or a finger nail, since these strangle. One who slaughtered with a scythe, moving it forward only: Bet Shammai declare it invalid, But Bet Hillel declare it valid. If the teeth of the scythe were filed away it is regarded as an ordinary knife.

Mishnayos 1:3 and 1:4

Mishnah 1:3 details where on the animal's neck the Shechitah (slaughtering) must take place. Mishnah 1:4 distinguishes regular Schechitah (for both livestock and fowl) which requires slitting the front part of the animal's neck with the unique "Melikkah" process, where the neck is broken using the person's fingernail, and takes place exclusively at the back of the neck. This process is uniquely utilized only for birds brought as a Korban.

Color Code:

Case: Black

Ruling: Green or Red

Name of opposing Tanna: Gold

Reason: Blue

Mnemonic: Purple/Fuscia

(ג)

הַשּׁוֹחֵט מִתּוֹךְ הַטַּבַּעַת וְשִׁיֵּר בָּהּ מְלֹא הַחוּט עַל פְּנֵי כֻלָּהּ, שְׁחִיטָתוֹ כְשֵׁרָה.

רַבִּי יוֹסֵי בַּר יְהוּדָה אוֹמֵר, מְלֹא הַחוּט עַל פְּנֵי רֻבָּהּ:

(ד)

הַשּׁוֹחֵט מִן הַצְּדָדִין שְׁחִיטָתוֹ כְשֵׁרָה.

הַמּוֹלֵק מִן הַצְּדָדִין, מְלִיקָתוֹ פְסוּלָה.

הַשּׁוֹחֵט מִן הָעֹרֶף, שְׁחִיטָתוֹ פְסוּלָה.

הַמּוֹלֵק מִן הָעֹרֶף, מְלִיקָתוֹ כְשֵׁרָה.

הַשּׁוֹחֵט מִן הַצַּוָּאר, שְׁחִיטָתוֹ כְשֵׁרָה.

הַמּוֹלֵק מִן הַצַּוָּאר, מְלִיקָתוֹ פְסוּלָה,
שֶׁכָּל הָעֹרֶף כָּשֵׁר לִמְלִיקָה, וְכָל הַצַּוָּאר כָּשֵׁר לִשְׁחִיטָה.

נִמְצָא, כָּשֵׁר בִּשְׁחִיטָה, פָּסוּל בִּמְלִיקָה. כָּשֵׁר בִּמְלִיקָה, פָּסוּל בִּשְׁחִיטָה:

(3) If one slaughtered [by cutting] at the [top] ring [of the trachea] and left a hair's breadth of its entire circumference [towards the head], the slaughtering is valid. Rabbi Yose son of Rabbi Judah says: if there was only left [towards the head] a hair's breadth of the greater part of its circumference, [the slaughtering is valid].

(4) If one cut at the side [of the neck], the slaughtering is valid. If one nipped off [the head of a bird sacrifice] from the side of the neck, the nipping is invalid. If one cut at the back of the neck, the slaughtering is invalid. If one nipped off [the head] from the back of the neck, the nipping is valid. If one cut at the front of the neck, the slaughtering is valid. If one nipped off [the head] from the front of the neck, the nipping is invalid. For the whole of the back of the neck is the appropriate place for nipping, and the whole of the front of the neck is the appropriate place for slaughtering. It follows, therefore, that the place which is appropriate for slaughtering is inappropriate for nipping, and the place which is appropriate for nipping is inappropriate for slaughtering.

Mishnayos 1:5 through 1:6

The next two Mishnayos form a group of Mishnayos playing off of the format for comparing and contrasting two similar, yet different, items, introduced in the prior Mishnah. They will generally follow the pattern of "When 'A' is 'kosher,' 'B' is 'pasul;' when 'B' is 'kosher,' 'A' is 'pasul.'

According to the Torah, in limited circumstances, birds may be used as a Korban. The Torah identifies two types of birds as being eligible, turtledoves and pigeons. Despite their eligibility, they have a marked distinction. Mishnah 1:5 teaches that to be eligible to be brought as a Korban, turtledoves must be sacrificed when they are older and pigeons when they are young. There is no overlapping period of time when these birds will both be eligible.

Our Mishnah identifies the shift from being young to old as when the feathers around its neck, after having fallen out, start to grow back. This happens around when the birds are three months old. The new feathers have a yellow appearance. Prior to this time, pigeons are eligible. After they are fully yellow the turtledove is eligible. During the intermediate stage when its feathers are turning, neither bird is eligible to be used as a Korban.

(ה)

כָּשֵׁר בַּתּוֹרִין, פָּסוּל בִּבְנֵי יוֹנָה.

כָּשֵׁר בִּבְנֵי יוֹנָה, פָּסוּל בַּתּוֹרִין.

תְּחִלַּת הַצִּהוּב, בָּזֶה וּבָזֶה פָּסוּל:

(5) [The age] which qualifies turtle doves [for sacrifice] disqualifies pigeons, and [the age] which qualifies pigeons [for sacrifice] disqualifies turtle doves. At the period when the neck feathers begin to turn yellow in either kind they are disqualified.

Mishnayos 1:6

Mishnah 1:6 continues the previous pattern comparing and contrasting five pairs of items.

First, despite the fact that both the Parah Adumah and Eglah Arufah ceremonies take place outside the Beis HaMikdash, they are performed differently. A Parah Adumah requires regular Schechitah, whereas, the Eglah Arufah is killed by breaking its neck.

Second, despite both serving in the Beis Hamikdash, Kohanim and Levi'im are disqualified from service for different reasons. A Kohein may work until he is very old but is disqualified if he has certain blemishes. A Levi, on the other hand, may serve only between the ages of 30-50 but is not disqualified if he has a blemish.

Third, both regular vessels and earthenware vessels can become Tamei, however, earthenware vessels do not become Tamei if the source of the Tumah touches the outside of the vessel but if it merely enters the airspace of the vessel it becomes Tamei. Regular vessels can become Tamei from the outer surface and not from the airspace.

Fourth, unlike flat metal sheets, flat wooden planks cannot become Tamei. On the other hand, in rder to become Tamei, metal vessels must be in their finished state while wooden vessels, so long as they are capable of being used, they are susceptible of becoming Tamei.

Fifth, when it comes to giving Ma'aser from almonds, the Mishnah contrasts two types of almonds. Bitter almonds do not require Ma'aser be taken, however, since when they are small, they are edible, at that point, if consumed, Ma'aser must be taken. In contrast, sweet almonds are bitter when small. Therefore, only when they are larger does Ma'aser have to be taken.

(ו)

כָּשֵׁר בַּפָּרָה, פָּסוּל בָּעֶגְלָה.

כָּשֵׁר בָּעֶגְלָה, פָּסוּל בַּפָּרָה.
כָּשֵׁר בַּכֹּהֲנִים, פָּסוּל בַּלְוִיִּם.

כָּשֵׁר בַּלְוִיִּם, פָּסוּל בַּכֹּהֲנִים.
טָהוֹר בִּכְלֵי חֶרֶשׂ, טָמֵא בְכָל הַכֵּלִים.

טָהוֹר בְּכָל הַכֵּלִים, טָמֵא בִכְלֵי חָרֶשׂ.
טָהוֹר בִּכְלֵי עֵץ, טָמֵא בִכְלֵי מַתָּכוֹת.

טָהוֹר בִּכְלֵי מַתָּכוֹת, טָמֵא בִכְלֵי עֵץ.
הַחַיָּב בַּשְּׁקֵדִים הַמָּרִים, פָּטוּר בַּמְּתוּקִים.

הַחַיָּב בַּמְּתוּקִים, פָּטוּר בַּמָּרִים:

(6) [The method of killing] which renders the red cow valid renders the heifer invalid, and the method which renders the heifer valid renders the red cow invalid. [The disability] which does not disqualify priests disqualifies Levites, and [the disability] which does not disqualify Levites disqualifies priests. That which cannot be rendered unclean in earthenware vessels can be rendered unclean in all other vessels, and that which cannot be rendered unclean in all other vessels can be rendered unclean in earthenware vessels. That which cannot be rendered unclean in wooden things can be rendered unclean in metal things, and that which cannot be rendered unclean in metal things can be rendered unclean in wooden things. When bitter almonds are subject to tithing sweet almonds are exempt, and when sweet almonds are subject to tithing bitter almonds are exempt.

Mishnayos 1:7

This Mishnah shifts the focus from comparing two similar, yet distinct, items to identifying an internal inflection point whereupon the status, or the rule applicable to such an item, shifts. The Mishnah identifies five such cases.

First, wine made from soaking grape-skins is only considered wine once it ferments. Up until that point it is considered like water and, as such, may not be purchased with Ma'aser Sheini money. Additionally, if 3 log of such a liquid falls into a Mikvah containing less than 40 S'eah it will disqualify the Mikvah.

Second, there are two potential relationships between brothers when splitting an inheritance. They can either split the inheritance and then recombine the assets as partners or, alternatively, the assets are deemed to remain in the father's possession with the brothers having residual rights in them. Under the former, they are treated fully like partners. Therefore, when contributing the annual half-Shekel to the Beis Hamikdash, if they were to do so jointly, they would have to add the special Kalbon (See Shekalim 1:7). On the other hand, they would be exempt from Ma'aser B'Heima like all other partners. If, however, they do not split the inheritance, then they are not obligated in the Kalbon but would be subject to laws of Ma'aser B'heima.

Third, a father has certain rights to his daughter, including the right to sell her as a slave, marry her off and collect certain penalties if men take advantage of her. However, his rights are contingent on her age. If she is under twelve years-old, he may sell her as a maidservant but does not receive the penalties. If however, she is twelve and one day old, he is entitled to receive the penalties but he no longer has the right to sell her as a maidservant.

Fourth, bibllically, only a father may marry off his daughter. However, when orphaned, the Chachomim allowed her mother/brother to marry her off, provided, however, that she may reject the marriage so long as she is a minor. Once she hits majority, she can no longer reject the marriage without a proper bill of divorce. On the other hand, so long as she is a minor she is not subject to the rules of Levirate marriage. Once she turns twelve years old she is subject to the rules of Yibum.

Fifth, and finally, the Mishnah in Sukkah 5:5 describes how on Friday (Erev Shabbos) they would blow six blasts of the Shofar to announce that Shabbos was approaching. If Yom Tov fell on Friday, our Mishnah teaches that they would still blow the Shofar but you would not say Havdalah between Yom Tov and Shabbos. On the other hand, if Yom Tov falls out on Motzei Shabbos, you would say Havdalah but would not blow the Shofar to indicate Yom Tov was approaching.

The Mishnah concludes with a dispute regarding the appropriate form of the Havdalah blessing made on Motzei Shabbos leading into a Yom Tov.

(ז)

הַתֶּמֶד, עַד שֶׁלֹּא הֶחֱמִיץ, אֵינוֹ נִקָּח בְּכֶסֶף מַעֲשֵׂר, וּפוֹסֵל אֶת הַמִּקְוֶה.

מִשֶּׁהֶחֱמִיץ, נִקָּח בְּכֶסֶף מַעֲשֵׂר וְאֵינוֹ פוֹסֵל אֶת הַמִּקְוֶה.
הָאַחִין הַשֻּׁתָּפִין, כְּשֶׁחַיָּבִין בַּקָּלְבּוֹן, פְּטוּרִין מִמַּעְשַׂר בְּהֵמָה.

כְּשֶׁחַיָּבִין בְּמַעְשַׂר בְּהֵמָה, פְּטוּרִין מִן הַקָּלְבּוֹן.
כָּל מָקוֹם שֶׁיֵּשׁ מֶכֶר, אֵין קְנַס.

וְכָל מָקוֹם שֶׁיֵּשׁ קְנַס, אֵין מָכֶר.
כָּל מָקוֹם שֶׁיֵּשׁ מֵאוּן, אֵין חֲלִיצָה.

וְכָל מָקוֹם שֶׁיֵּשׁ חֲלִיצָה, אֵין מֵאוּן.
כָּל מָקוֹם שֶׁיֵּשׁ תְּקִיעָה, אֵין הַבְדָּלָה.

וְכָל מָקוֹם שֶׁיֵּשׁ הַבְדָּלָה, אֵין תְּקִיעָה.
יוֹם טוֹב שֶׁחָל לִהְיוֹת בְּעֶרֶב שַׁבָּת, תּוֹקְעִין וְלֹא מַבְדִּילִין.

בְּמוֹצָאֵי שַׁבָּת, מַבְדִּילִין וְלֹא תוֹקְעִין.
כֵּיצַד מַבְדִּילִין, הַמַּבְדִּיל בֵּין קֹדֶשׁ לְקֹדֶשׁ.

רַבִּי דוֹסָא אוֹמֵר, בֵּין קֹדֶשׁ חָמוּר לְקֹדֶשׁ הַקַּל:

(7) Temed: Before it has fermented it may not be bought with second tithe money and it renders a mikveh invalid; After it has fermented it may be bought with second tithe money and it does not render a mikveh invalid. Brothers who are partners [in their inheritance]: When they are liable to pay the kalbon, they are exempt from the cattle tithe, And when they are liable to the cattle tithe, they are exempt from the kalbon. Whenever there is [the power] to sell, there is no fine, and whenever there is a fine there is no power to sell. Whenever there is the right of refusal there can be no halizah, and whenever there can be halizah there is no longer the right of refusal. When the shofar is blown there is no havdalah, and when there is habdalah the shofar is not blown. [Thus], if a festival falls on the day before Shabbat the shofar is blown but there is no havdalah; If it falls on the day following Shabbat there is havdalah but the shofar is not blown. How do they recite havdalah [on a festival that follows Shabbat]? “Who distinguishes between holy and holy.” Rabbi Dosa says: “Who distinguishes between the more holy and less holy day.”