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Steinsaltz

The Gemara answers: Lest you say: If it is so that his wife gave birth, it would have generated publicity and been common knowledge; therefore, one might conclude that the slaughter is valid even if he declared that the slaughter is for the sake of the burnt offering of his wife after childbirth, as in fact she did not give birth. To counter this, Rabbi Elazar teaches us that the slaughter is not valid. Say that his wife miscarried and is liable to bring an offering, but it is not common knowledge, because the baby was not born alive.

MISHNA: These wounds constitute tereifot in an animal, rendering them prohibited for consumption: A perforated gullet, where the perforation goes through the wall of the gullet, or a cut windpipe. If the membrane of the brain was perforated, or if the heart was perforated to its chamber; if the spinal column was broken and its cord was cut; if the liver was removed and nothing remained of it, any of these render the animal a tereifa.

Additionally, a lung that was perforated or that was missing a piece renders the animal a tereifa. Rabbi Shimon says: It is not a tereifa unless it is perforated through to the bronchi. If the abomasum was perforated, or the gallbladder was perforated, or the small intestines were perforated, it is a tereifa. It is also a tereifa in a case where the internal rumen was perforated or where the majority of the external rumen was torn. Rabbi Yehuda says: For a large animal, a tear of one handbreadth renders it a tereifa, while for a small animal, it is a tereifa only if the majority of it was torn. And it is a tereifa where the omasum [hemses] or the reticulum was perforated to the outside, i.e., to the abdominal cavity, but not if the perforation was between the two.

Likewise, if an animal fell from the roof, or if the majority of its ribs were fractured, or if it was clawed by a wolf, it is a tereifa. Rabbi Yehuda says: If it was clawed by a wolf in the case of a small animal, i.e., a sheep or goat; or clawed by a lion in the case of a large animal, i.e., cattle; or if it was clawed by a hawk in the case of a small bird; or if it was clawed by a large bird of prey in the case of a large bird, then it is a tereifa. This is the principle: Any animal that was injured such that an animal in a similar condition could not live for an extended period is a tereifa, the consumption of which is forbidden by Torah law.

GEMARA: Rabbi Shimon ben Lakish says: Where is there an allusion in the Torah to the prohibition of a tereifa? The Gemara interjects: Where is there an allusion? Doesn’t the Torah state explicitly: “You shall not eat any flesh that is torn of animals [tereifa] in the field” (Exodus 22:30)? Rather, the question is: Where is there an allusion in the Torah to the principle that a tereifa cannot live? As the mishna teaches in the last clause: This is the principle: Any animal that was injured such that an animal in a similar condition could not live for an extended period is a tereifa; one learns by inference that a tereifa cannot live. If so, from where do we derive this?

It is derived from a verse, as it is written: “These are the living things which you may eat among all the animals that are on the earth” (Leviticus 11:2). The verse indicates that you may eat a living animal, i.e., one that can survive, but you may not eat an animal that is not living, i.e., one that cannot survive. One learns by inference that a tereifa cannot live.

The Gemara asks: And according to the one who says that a tereifa can live, from where does he derive this? The Gemara responds: He derives it from the same verse: “These are the living things which you may eat among all the animals.” “These” indicates that you may eat only these living things, but you may not eat other living things, i.e., tereifot. One learns by inference that a tereifa can live.

The Gemara asks: And according to the other opinion, that a tereifa cannot live, what does he do with this word “these”? The Gemara responds: He requires it for that which the school of Rabbi Yishmael taught. As the school of Rabbi Yishmael taught that the verse: “These are the living things which you may eat,” teaches that the Holy One, Blessed be He, seized one of each and every species of animal and showed it to Moses, and said to him: These you may eat, and these you may not eat.

The Gemara objects: But the other opinion also requires the word “these” for that which the school of Rabbi Yishmael taught. The Gemara replies: Yes, it is indeed so. Rather, from where does he derive the principle that a tereifa can live? He derives it from the other baraita that the school of Rabbi Yishmael taught. As the school of Rabbi Yishmael taught: The verse states: “To make a difference…between the living thing that may be eaten and the living thing that may not be eaten” (Leviticus 11:47). These living things that may not be eaten are the eighteen tereifot that were stated to Moses at Sinai and enumerated in the mishna. The verse, then, makes reference to a tereifa as a living thing.

The Gemara questions the baraita: And are there no more cases of tereifot? But aren’t there more cases cited in the Mishna and other baraitot, for which a mnemonic is given: Beit, samekh, gimmel, reish; and aren’t there seven additional halakhot, i.e., cases of tereifot, taught by amora’im?

Talmud - Bavli - The William Davidson digital edition of the Koren No=C3=A9 Talmud
with commentary by Rabbi Adin Steinsaltz Even-Israel (CC-BY-NC 4.0)
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