Hilchos Taaruvos: Identifying a Treifah Through Matching and the Limits of Simanim

Transcript

Okay, take it away. Start first reading. I am mechaber, u'dumot, u'mechonot. No, no, first read the mechaber inside. Go ahead. Rosh keves shenimtza. Rosh keves, yeah, it's having a big shishka bump in the backyard. They had the whole head, rosh keves, yeah. Shenimtza treifah, v'lo noda me'eizeh keves hu. So then you got a big problem, right? Because you don't know who, what, it's all mixed up. It's a big problem here. So what happens? Right. That's how you attach this body to this head. Good? So, I am mechaber. Bring it down, the mechaber. What is the—you're zooming in. What do you have to zoom in on? Domot u'mechubanot. What does that mean, domot u'mechubanot? Yeah. That's what it says, no? No, you worked on it? No, no, it's like... Really? It's interesting because we just learned in the Gemara today that duma is one of the sheidim. It's one of the Gemara, duma. One of the Gehenim stuff, he knows this. He's the—right, you say that, right? No, this is a man one. They call Yardei Duma. So the chassan calls the chassan duma? Okay, go ahead, yeah. Go ahead, next, yeah. I am mechaber. Yeah, no. Domot o mechuvanot. Good? Yeah. What is domot, and what is mechuvanot? What is it? So you're saying, no, we're working, he's being a nudnik again. I guess the Taz and Shach are nudniks, I guess. So let's see. Ayin Taz. Who's reading? Shtei dvarim. That's the main meaning. You see, I put that in dark. Domot kama, mechuvanot kama. It's not domot u'mechuvanot. It's two different things. Domot b'mareh, mechuvanot b'makom hachituch. You want to read the Taz inside? That's what he means. You see, when he says it, how does he get mashma? Because it's two words: domot and mechuvanot. So it's domot, period, mechuvanot, period. Good? So you're reading? You're reading good? So how are we reading? Yeah, you read it? Yeah, good? Okay, next. V'kasha. V'ayin Taz. I'm sorry, v'ayin Taz, next one. Shelo domi l'shum inyan hakodem. Can't compare it to this previous se'if, se'if ha-kodem. Shehamachasheh me'ayin, sheheim refuyim. It's clevering. How are you going to put me'ayin together? So you don't need mamash yafeh. You don't need an exact match. Good? All right. You want to read that inside, the Taz? Sagi. That's the raya, sagi. Okay, go ahead. So you need to have, okay. Ah, you'll ask a question, a kasha. There too it talks about chibur, chituch, sesek. What's the key word? There's one extra word in the mechaber: reading. You like reading. What's the extra word here that you don't have in the previous seif? There too it says, I don't understand. He tells me even though there it's different, but that's exactly what it says there too. Nope. It says there too, the key word is the yafeh. How did you not catch this one? Where's? Doimus. It says doimus. It all has to be mechumas. Sir, there's a big problem. There it says also, you take the thing, you check the chituch. So here he's saying what? The chituch is different? And the answer is, the Taz is saying the word is yafeh. The difference between there and here is the word yafeh. There it doesn't have to be an exact match, and here it has to be an exact match. Let me tell you, you see, this is why you learn, because most people don't pick this up. They think they're big gaonim.

Over vadi Yosef's mar mekomos. It doesn't—it's not. It's very nice. I can also say over mar mekomos, thousands of them. It's not the point. The point is this is to read. The key word is yafeh. So if it doesn't fit perfectly, so then— That's the difference. It's the same halachos. You got to go and put the two things together. What's the difference? Here it's yafeh, here it's not yafeh. That's the difference. This is called knowing how to learn. How to learn. Okay, go ahead, yeah. Most are the same thing. There too is the same halacha, and the answer is— Oh, that's why the Torah says we're not baki anymore. Nah. We don't know what baki—exactly. That's what it is. Now you get it. We don't want to know. No, whatever. You get exact, to be so exact, who knows? ... Whatever it is, it's not the yafeh. I have butchers that have told me, and they showed it to us, where you have everything chopped up, they can sort the whole animal back. It's a good question. I don't know. No, no. I don't know. It's a good question. Okay, let's go weiter. Miu kasha. It's honesty. So I have a simple question. It's honesty. If there you can't do it yafeh, so then let's just not be matir it. If you're able to be matir, be matir. If you can't, you can't. Honestly, you're telling me there I can't get an exact match because it's impossible. All right, so don't use this as a siman. I can't get it to be fully kosher. Okay, so half kosher is also good. What does that mean? I can't get the chreisa, you know, meat with shechitah, okay, so without shechitah also b'diavad. I don't know. You can't get it. You can't get it. I don't יודע. Somebody's gonna kasha. No, it doesn't bother you? You can't do it over there. Okay, so don't use this as a siman. I don't know, what do you want from my life? I'm not following. Can I repeat? I say, if you can't get it to be good, why is it... yeah, so why is it? Well, okay, so there it's good enough. Why is it good enough? He says over there you can't get the yafeh, right? You can't get an exact match. Kurkavan. Here you can get yafeh. Here you could get it if you need it. Over there that you can't get it. Yes, I understand. So if you can't get the siman yafeh, so don't be matir it. Right. You can't do the shechitah right. Okay, all right, it's good enough. Why is it good enough? There's a bomb kasha. You should go ask the go'onim. Go ahead, yeah. Nu, ayin shach, siman pei gimel. Now this you're gonna have to either go to pei gimel or trust me or whatever you want, but it's there. Oh, so over there when he talks about the fish, the Shach speaks about that, one fish to another, and there he says it just has to be doimeh b'chituch, and it doesn't have to be doimeh b'mareh. Why not? Give it different colors. He says, וכסב המחבר. What does he say there? Like the Mechaber writes in se'if siman kuf aleph, l'kaman. Boom. So you see clearly he learned up this mechaber that it's doimed is not mara, that the word doimos just means in the chituch; it doesn't have to look alike. It's mefurash, it's mefurash. As long as the cut is similar, it's fine. Yeah, as long as you can detach the pieces, it's good enough. So you see clearly, דלמד במחבר — keep on reading — דלמד במחבר, דלא כיוון לשתי דברים. He wasn't mechaven to two things. אלא דומיס, מכוונות, is davar echad, b'makom hachituch. דלא בעינן דומיס. No, we're not reading? No? Go ahead, go ahead. The sheets, read the sheets. You see, you don't need a rule, but that's not really true. You see, comes the Pri Toar, over there in pei gimmel, sif katan. דאף לשח הגם שלא בעינן דומיס במראה. So you see that the Shach learned it's one thing; doimos and mechuvanes means the same thing, okay, yeah? So even though you don't need b'mara, l'hatir, but if lhepech...

It doesn't look at all like it, then you can't be matir with the chituch. You don't need it to look alike, but if it looks completely not alike, then you can't do the chituch. If one is white and one is... Yes, you can't come and say, well, the chituch matches. It ain't gonna work for you, all right? It has to be at least similar enough, something. Okay. Ba'ayin sham prita, but keep on reading, the Lashach, b'hinan. Yeah, he's maskim to the yafeh, that the chituch has to be what? Perfect. The chituch has to be perfect. V'lo k'shuma kukav. Even im zois, אי אפשר לחבר מקום החיתוך, יפה. It's not possible, בגלל שכבר נקרש. So what happens if now it's too late? He cooked it and now it's not possible to put together, so the food can't say it's mutar. Even though, even though we could come and say there's an explanation why you can't put it together, can't say, well, you can't put it together, you can't put it together. That's not true. So there's really another chiddush over here, which means even if you have a good reason why you can't put it together, not because it's definitely not a match, it's still not enough, because if you can't put it together, you can't put it together. יש לדון. So here's really the heart of the question of this se'if, and that is, go ahead. מה אם יש... What happens if you have another way how to tell that this and this is the same? Oh, how else? Odilma... Odilma rak... ... בחיתוך, או במראה לפי הטעם. This is it. You can't do it any other way. What happens if the butcher says, the DNA? I don't know, DNA, something. Someone asked me about it. Someone was asking me about the—he was asking if you're able to put it together with the DNA. I don't know. You're able to figure it out. You take a look, you see, you know something. It says it here. I can't imagine anyone doing it. Okay, we mentioned it. But I'm just saying, but if there was some other way, you would say, why would I come up with what if? These are what-if questions. So you don't like the questions. I guess you don't like the taz. I guess, I guess, if you don't like what ifs. That's really what the taz speaks about, what if there's another siman. So let's read it again. Maybe the pshat is these are the two because there is no other. But if you would somehow be able to come up with another one, maybe really there's other ways to tell. No, they think, ah, this is—because lomdus, shailas, chakiras, likut—this is not about us. We ascribe them like only what's on the page. We need aser and mutar, yeah? Okay, so cut out the taz. You don't need to learn the taz. It's not for you. Go ahead. Ayin taz. ... It's a nice taz, very nice language, yeah. Kibalti mechacham echad. He was wearing a big turban, this chacham, okay? Shekiblu—yeah, he got it from others, yeah. Liquid. DNA. How do you find the liquid? Huh? Yeah, so therefore you found it in the shed. Sounds like a DNA. It's like a, like a, what do you call that, a medical test. I thought that was a סימן טריפה. I understand of the head, and you found that same water on the shed. I didn't read that yet. אחד מהטריפות, ולא נודע מאיזה כבש הוא, יש לבדוק בחוט השדרה. Where does the water come from? It's a buildup of the spine. You asked me about DNA. It's a way to check scientifically. That's a health sign. Whatever it is, so let's check who you do that. ותולין שראשו מאותו כבש, להתיר האחרות עד כאן לשון. ולענין נראה דשאין בו עוד בדבר זה, וכדאי להתיר עליו ספק טריפות, כיון שלו נמצא בתלמוד ובפוסקים. Oof. Oof. We can't use this. It's not in the Gemara. The Gemara would have... Maybe the Gemara didn't give us in this particular case. It's good, I'm not arguing on the siman. Not saying it's not true, you can't—this is not real. It's real. You can't be... Why? You had a style to be machmir back then? I don't know, but you have to see what it says.

What he's saying is, I'm not disagreeing that it's a sign, it's a siman. This is not the one mentioned. Sound familiar, the shaila? This is my chakirah. We're asking, huh? If there is another siman, could you use it or no? It's just these two and finish and have a nice day. Okay, next. V'hisiga Taz. ... pasken. It's not mentioned in the Talmud and the poskim. So you learn Reb Akiva Eiger, or that's because it's not on the page, so you don't learn, it's not for you. It's too much, chaval. Okay, go ahead, learn Reb Akiva Eiger. He wakes up. He thinks I mean Reb Akiva. I'm Reb Akiva, I'm Reb... up here, Reb Akiva Eiger, yeah? So let's look inside Reb Akiva Eiger. He says, no, this one and that one and this one, v'chein katav, v'chein katav, v'chein katav. In Saloniki they used to say it, in Greece, you hear? And others did it. Other Rabbanim did it. Chief rabbis were busy with this. Taz says, don't be somech on it. No, no, Taz said this guy was mekabel from other chachamim, which means it was... Yeah, but whatever it is, he's saying not to be somech. Reb Akiva Eiger is saying, no, no, no, it's legitimate stuff. He's arguing, he's trying to argue. He's saying that don't push. Yeah, he's not giving a sevara. What's the sevara? Aha, that's what we've talked about. Rebirkei Yosef, that's for you guys, Birkei Yosef. And of course the Kaf HaChaim, hefsed. Yesh lachak. Okay. Yesh lachak. Can you give me the machlokes? What's going on? Start from the beginning. Shach says, mara no, pchituch yad. Okay. Then we have this. If it's the other way, right, it's not domeh klal, no good. Then we have the new siman. Could you use the new... Is this all connected? Is there something that puts all this... As they collines everything up. So let's see. V'yesh l'hadun, there'd be a machlokes, Taz v'Shaach. Machlokes haTaz v'Kiva Eiger. Menirah. Okay, this had to be another line, okay, right? And we also have to cross out all the extra—no, there's no more extra. Menirah, shechalkin, im din hadimyon. The din of dimyon that we have, is ra'uy l'hatir? Is this a proof? This is the matter, because we have a proof that this is from this. Dilma, or maybe, shemaspik l'asi safek. And once it's a safek, we have the rule of safek haral l'kula. You hear the question? Is the dimyon—pshat is it's almost like a vadai, or is the dimyon enough to say, well, okay, this now sounds like this, okay, so it's a safek on the rest that I'm enough to say safek haral l'kula. Is it a vadai, or it's enough to make on the other pieces it's a safek, strong safek enough to say safek l'kula? Not really. It's more of, is it a psak vadai or psak safek? Meaning is that we say now, you see what's going on, so now we have the answer to the question. Or no, we don't really have the answer to the question, but it's enough to say now, you know something, it's such a big strong question on the other pieces, because we see that it must be from here, we'll be matir the other pieces, mi'din safek d'oraisa l'kula. Okay, so what's the difference? Go ahead. HaTaz loimed. The Taz learns, yeah, shezeh ra'ayah. Ai, lochein b'einon. So, her raya, raya. עכשיו learns that this is a raya, this is a proof. And if it's a proof, you need the entire proof. It's got to fit. Could you prove something halfway? That means you didn't prove it. If something's proved halfway, if someone's gonna say he has a half a brain, does he have a brain? No, he has no brain. That's what it means. It's missing something, right? So it's not anything. Continue. וגם לא יעזור בדיקת השדרה שלא הוזכר סימן זה. So that follows that if you don't find that siman, who says you could use it? If that's the siman, that was kavua. That's what they made up. This is the siman that was given. So you could be somech on this siman, and you want to make up your own simanim, I don't know, what does that help you? Yeah, I don't know, it's not what it says, okay? Yeah, ולשח learns it's enough to be me'orer a she'eilah, כדי להט... ולכן...

Safek, go ahead. So the dimyon is going to make a safek, and therefore it's... The dimyon makes it that I'm this; the rest of them, it's real safek. Why would I think it's this if it looks more like it's this? What's the situation? It's a charal? Yes, that's the story, charal. No, it says charal. I'll say, like, what's the case? You found a rosh keves. Right. In fact, you know the treif. See, even if it's about—because the question is mata the other things, and the answer is, yeah, because now the safek... Even for de'oraisa, it's a safek now. It's a strong safek. The fact that it's doimeh l'mara, the chituch. Well, whatever is doimeh, whatever the story. Yeah, yeah, yeah. Therefore it's good enough to make a safek, and therefore— Ah, that's the pshat. The Shach learns all you need is that it should make safek. So even though it's not doimeh b'mamash, you don't have a complete. Yeah? Right? The Shach doesn't hold you need a complete. A safek. Beautiful, huh? It's a beautiful vort. Go ahead. Go ahead. No, no good? Hata... Taz's language, shezeh raya. In kol areyos chituch b'maarah. Gam lo ya'azor b'dikas shein, or shelo hizkir siman raya b'Gemara. You need it to be vadai. If you don't have vadai, it's nishtlusha. So how is this—why he doesn't agree with the safek? Taz doesn't agree with the safek? No, he learns that the whole din of doimeh means you need a siman. So according to him, Maran contradicts himself. How's he contradicting himself? Maran said, no, anytime it's safek, we go with it. Didn't we say that? Yeah, so we spoke about this in the lish... Yeah, we spoke about this. Rama, we spoke about it in the lish anyway. Who says this makes it a safek? He learns the mechanics of doima is raya. That's how he learns the mechanics of doima. The Shach learns the mechanics of doima. It's enough to make safek, and then you have the dinim of safek d'Charal. Why doesn't—why wouldn't the... He doesn't have to. He says, but when we find a siman, it's more than that. And the question, can I use it for regular treifus? Maybe I can even use it for regular treifus. That's what I'm trying to tell you. Maybe it's for regular treifus too. Okay, go ahead. What's wrong if it's not doima at all, but at least you have enough to have the chituch should be enough to do something? Yeah, that's called nothing. If it's not doima, then it's not really a safek because of the chituch. The pretair. It's not a stira to what we're saying. Because even though the chituch is good, it's not enough to create that it's really a safek because it looks different. Go ahead, next one. Oh, so why by kirkovin, if you can't, you can't? Which means according to the Taz that you really need a siman, doima always works with siman, but if you don't have the siman, so you don't have it. Bishlama according to the Shach, you can come and say, who cares? As long as it's enough to create a safek, right? So you can't, you can't. According to the Taz that comes along and says that it's real, so why, why if you can't, you can't? You need the siman; you don't have the siman, so what's the... And the answer is, go ahead. That's the teretz. It's the Chacham said this works, that why? B'teiras safek, a siman is also siman. Even though l'maaseh this is a cheap siman, but for Charal. So why can we use it for keves? Because by keves maybe you need it's d'Oraisa; it's not a Charal siman. It's treifus. You need what the— you need a siman that we find in Shulchan Aruch. You have your own evaluation. Who cares? It's not going to help me in safek. If you want to know if the creature— yeah, the rav could say, you know what, if it looks and it sounds like it, it's this like, it's that like, it's all good. Here, let me ask you: if you have something, a mareh, right, and it's yoser mikigris, could you come and say, well, I don't know, I have a tzad, it's a big shaylah if the things get bigger. Maybe once they were kovea this, that's it. That's the halacha. Here too, it's not about you. Maybe the rav, if you want—

Decide, you know what, I have a feeling, you know, that it might be. Yes, so who cares what you feel? You know what it would be like shuda d'dayna. You know what shuda d'dayna means? The eidim, but the dayan feels different. Could the dayan say, I feel different? No. You need a pi shnayim eidim. This is it. The two eidim are mara and chit. All the other simanim that you could come up with that you feel, that's very nice. Hashem can coin to the Shach. Maybe, I don't know. If you have simanim, so you can come and say, all right, you can add it to the safek, why not? Now, what I'm saying is not exactly chituchiaf. I'm not putting it together exactly. I don't want to. All I'm trying to say is that the issue in the sugya is, do you need complete match, or it's enough to start saying, you know what, and therefore it's mutar? That's the question, okay? So any other siman might be good. Okay, you got it? You're with me? Yeah. What do we come out with? What do we come out with? What's the halachah? Rabbi explained the machlokes. So good, I don't know. You have a kaf hachayim. B'makom hefsed merubah, you could be somech on all the kulos, and that is— That's the shittah. Everything is hefsed merubah. So what do you want me to argue with him? I don't know, kaf hachayim, I don't know. You ask me what I hold, what can I hold? It's onegeri. So that says, what do you want me to tell you? It's onegeri. You want to know what's negei? What's negei is you got to do teshuvah. That's very important. So ask me shaila in Hilchos teshuvah, I'll answer you. Ask me a shaila in Hilchos Lashon Hara, I'll answer you. Do you have to do teshuvah already? No, you don't have to do teshuvah. Of course you have to do teshuvah. For what? No, it depends who you talk to. If you talk to chassidim, you got to go to the mikvah and then mamash purify your soul. Okay. If you talk to Ashkenazishe guys, shnayim mikra v'echad targum, dibur. Take care of your language. Bris halashon. Now, Rebbe, if you take the 22 letters of the alphabet, you put 11 on one line and 11 on the second line, the middle one will be vav on the first line, and the second middle one will be pei. It's smack in the middle. Vav and pei, what does that mean? The bris also has very much related to the pei, because the vav represents— And why 11? What does 11 have to do with anything? No, if you divide the letters into two groups. Two groups. So the vav and the pei. The vav will be number five, number six, and the— This is right out of the codes, the book of the codes. You know, I have a bigger raya. You know what my bigger raya is? Because it's true. It's true. If you speak lashon hara, you probably have other issues too, and a lot of skeletons in your pants. All right? That's the way it works. Rebbe said pants. I'm closing. I'm trying to tell you. I said it sharply on purpose. He said it very sharply. And why did I say it sharp? Because I, you know, I know people. I know people that scream about tznius and stuff. When they talk lashon hara, I have almost belief—honestly—this guy has issues and those and the other. I almost don't have a safek. Someone who's pure in that area is definitely pure in his talking. I don't say bad things about people. What?