Hello chevra and welcome back to our pre-Pesach mishnayos learning series where we are learning mishnayos related to the period of time between Purim and Pesach. So we are currently learning the mishnayos related to Erev Pesach and we started our prior mishnah, we were talking about it's Erev Pesach and you have to buy your korban Pesach and it was Shabbos and you know, the hustle and bustle of buying your korban Pesach. Today's mishnah, which can be found in מסכת חולין פרק ה משנה ג, continues our topic of buying the korban Pesach and the hustle and bustle around buying the korban Pesach. But to understand our mishnah we need to begin and I do say it is a particularly long mishnah, but it is not a particularly difficult mishnah, so we will learn this together. The topic of our mishnah which really begins at the beginning of the Perek, Perek Hei of Masechet Chullin, deals with a particular lav in the Torah. There is an aveira in the Torah called Oso v'es Beno. The Torah says that it is not allowed, it's prohibited to slaughter, to shecht both the mother and its child in the same day. And if you do you are, you get malkus, you get 39 lashes, you get 39 malkus if you violate that issur. And so and that aveira applies all the time, whether during the time of the Beis HaMikdash or not. But our mishnah's going to deal with a couple of topics as it relates to Oso v'es Beno. The first topic our mishnah is going to deal with is because it is assur only if you shecht both animals, the mishnah is going to say but what happens if I shecht an animal that otherwise could not be eaten? And we'll have a number of examples of why the animal could not be eaten and we'll see it is a machlokes whether if you shecht one regular animal and one of these animals are which could not be eaten, whether or not you'd be over on that aveira where you would violate the issur of Oso v'es Beno. So let's begin the mishnah. The mishnah says again מסכת חולין פרק ה משנה ג hashochet if you shecht an animal v'nimtza treifa and it turns out it is a treifa. treifa is an animal that otherwise would have died on its own within 12 months, it's sick, it has an issue with maybe one of its organs and it's going to die and it's not you're not allowed to eat it. Or hashochet l'avoda zara or if you shecht one of the animals, meaning so let's just take the first case, sorry, if you shecht the mother and then you shecht the child and the child turns out to be a treifa, or hashochet l'avoda zara or you shecht the mother and then you shecht the child for avoda zara and that's an issur hana'ah, you're not allowed to eat that animal. v'hashochet Para Chatas or if you shecht the Para Aduma let's say the mother and the child, so the mother is the Para Aduma and obviously that you're not allowed to eat the Para Aduma so therefore that would we'll see whether or not that counts as doing a shechita. v'shor haniskal or you shecht an animal a shor haniskal. shor haniskal for those of you who've learned Bava Kamma is a shor is an ox that is condemned by the Beis Din to be killed, to be stoned to death because it already killed other people and so then the Beis Din judges it and then sets it to death and again you're not allowed to eat it, it is assur b'hana'ah. v'Egla Arufa similarly there's Egla Arufa is the story where you find someone passed away dead, murdered it looks like outside the city and you don't know who he is and and then the people of the closest city and the Beis Din have to come out and they do a ceremony where they break the neck of a baby of an egla, an egel, a baby calf, and again that animal is assur b'hana'ah so if you shecht it you're not allowed to eat it. So again you shecht a regular animal and one of these five situations where you're not allowed to eat the animal, Rabbi Shimon patur. Rabbi Shimon says then you're not you do not violate Oso v'es Beno because one of those animals cannot be eaten. vechachamim mechayvin but the chachamim say no, it's not whether or not you can eat it but whether or not you did a proper shechita and in all of those cases you did a proper shechita so you would violate Oso v'es Beno even though you can't eat it. The next situation is hashochet someone shechts an animal v'nisnavla b'yado but it becomes a nevela. nevela means that it wasn't shecht-ed properly for many different reasons. So but the point is that you started trying to do a shechita but it turns out to be a nevela. v'hanocher or if you stab the animal, you kill it just by stabbing, v'hame'aker or you kind of just rip, you don't stab but you kind of use your hand and you rip away the windpipe. So פטור משום אותו ואת בנו in that situation there is no violation of Oso v'es Beno if you were to shecht the mother and then do one of these things to the child because again those that's not a proper shechita and when there's no proper shechita to the second animal there is no issur. Okay. The mishnah in the third... The third situation discusses a you're in the marketplace, you and your friend and you're going to buy an animal, and so the mishnah continues shnayim shelochu two people go and... buy an animal parah u-venah one buys the cow and one buys the child so the Mishnah says now they both want to shecht it so how do you determine who so the Mishnah says eizeh she-lakach rishon the one that bought it first yishchot rishon has the right to go and shecht his animal first and the second one would have to wait however ve-im kadam ha-sheni but if the second one the person who bought the second the person who let's say bought the child goes and he shechts his animal zachah he it's fine meaning zachah he has that right and therefore the person who bought the mother or bought the first animal first will have to wait for the next day in order to shecht the animal the Mishnah now turns to a situations just to kind of lay out how many types of malkos you would get in different situations where you shecht animals so let's see the Mishnah first case is like this shachat parah if you go and you shecht the cow the mommy ve-acharkach shnei vaneha and you shecht two of its children two of the cow's children sofeg shmonim you're going to get eighty malkos because each child will generate one aveirah shachat shnei vaneha but if you go and you shecht both children now there's no issur to shecht two children two calves on the same day but then ve-acharkach shachatah then you go and shecht the mother so then you're going to violate oto ve-et beno and sofeg arbaim then you only get forty malkos because you only shechted one animal in violation of the aveirah now here's an interesting case שחטה ואת בתה ואת בת בתה you go and you shecht the mother cow and then its daughter and then the granddaughter so the daughter is the daughter of the original cow it's also the mother of the grandchild cow so then sofeg shmonim you're going to get eighty malkos one for shechting the daughter and one for the granddaughter okay now what about shachatah what happens if you go and you shecht the grandmother ve-et bat bitah and then the granddaughter that's no issur ואחר כך שחט את בתה then you go and you shecht the daughter the one in the middle now remember the middle one is both the is both the mother of the granddaughter and it's also the daughter of the daughter of the grandmother so the Mishnah says sofeg arbaim you still only get forty malkos you're never going to get eighty malkos for shechting one animal however Sumchos omer Sumchos says mishum Rabbi Meir in the name of Rabbi Meir sofeg shmonim in fact you can get eighty malkos as it relates to that one animal so by shechting that one animal that is both the daughter of the grandmother and the mother of the granddaughter you're going to get eighty malkos okay now we are coming to the point of our Mishnah that it relates to Erev Pesach now because of the issur of oto ve-et beno how are you supposed to know if the storekeeper sold a cow and then sold its mother or its child how are you going to know so the Mishnah tells us בארבעה פרקים בשנה there are four periods during the year four times during the year that ha-mocher behemah that someone who's a mocher behemah someone who sells animals knowing that they're going to be shechted le-chavero to his friend tsarich le-hodi'a you have to inform the purchaser אם מכרתי לשחוט בתה מכרתי לשחוט i already sold the mother for shechitah purposes i already sold the child for shechitah purposes you need to inform the buyer so that the buyer knows because it was very common on those days for people to shecht their animals for meat ve-elu hen and what are the four days ערב יום טוב האחרון של חג the second the Erev Shemini Atzeret it's interesting people did not seem to eat a lot of meat Erev Succot but Erev Shemini Atzeret it seemed like they had a lot to eat וערב יום טוב הראשון של פסח Erev Pesach i guess everyone's buying the Korban Pesachs and also the chagigahs and olat re'iyahs and everything else that they needed so therefore in order to ensure to ensure that people knew what was being bought and sold you needed to inform them whether the mother or the child was sold that day ve-erev Atzeret and also Erev Shavuot again people wanted meat for Yom Tov ve-erev Rosh Hashanah and also Erev Rosh Hashanah because people even though it's a solemn day a serious day nonetheless people eat meat to celebrate the new year וכדברי רבי יוסי הגלילי and according to Rabbi Yosi ha-Glili there was a fifth day אף ערב יום הכפורים בגליל in the north of Eretz Yisrael they also had the minhag of eating meat on Erev Yom Kippur and again that would be a day where you had to inform purchasers buyers whether or not you sold the mother or the child that day now Rabbi Yehuda qualifies this amar Rabbi Yehuda Rabbi Yehuda said ematai when is this that you need to inform people בזמן שאין לו ריוח when you didn't have a day in between selling but if you had more than a day between the selling meaning you sold one two days before Pesach and one Erev Pesach then you can assume that they may have shechted the one of them the day before and one today אבל יש לו ריוח but if there is a time period between them ein tsarich le-hodi'a you do not have to inform. However, and with this we conclude, there is one situation where you know, no matter when you sold the animals, they are going to be shechted on the same day, u-modeh Rabi Yehudah, Rabi Yehudah agrees, he modeh, admits in this particular case, במוכר את האם לחתן if you sold the mother to the chatan, there's a wedding party and you sold the mother to the chatan, ve'et ha-bat le-kallah and you sold the child to the kallah's family for the wedding seudot and sheva brachot, she-tzarich lehodi'a, there every even Rabi Yehudah would agree that you have to inform them even if there was a time period between them, כי בידוע ששניהם שוחטין ביום אחד, because you know when the wedding is and they're both going to shecht the animals in time for the wedding, therefore you can assume that the oto ve'et beno would be violated and therefore the seller needs to inform them of that of that of the sales of the of the other animals. And with that I can wish you continued hatzlacha.