Chullin 83a

חולין פ״ג ע״א

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Topic

Lashes for a single warning (סומכוס), the seller's duty to warn about אותו ואת בנו on festival eves, acquiring the butcher's ox, and how the 'one day' of אותו ואת בנו is counted.

Overview

The amud opens by finishing a ברייתא about נותר. רבי יהודה says there are no lashes only because a positive command follows the prohibition, while רבי יעקב says it is because no action is involved. Next the גמרא tries to prove how סומכוס counts lashes, using a ברייתא about eating two גידי הנשה, but it rejects the proof: רבי יהודה's 'only forty' may simply be because one גיד was smaller than a כזית. A new משנה follows. On four festival eves, a seller must tell the buyer if he sold the mother or offspring of the animal for slaughter. On those days the butcher can also be forced to slaughter, and if the ox dies, the buyer takes the loss. The גמרא explains that the buyer may rely on the seller's silence, and why the groom gets the mother and the bride the daughter. It then asks how the buyer can lose an ox he never pulled. It gives two answers: someone acquired the meat for him because it was to his benefit, or on these days the חכמים let the Torah law stand, under which money acquires. Finally, a new משנה teaches that for אותו ואת בנו the day follows the night. בן זומא learns this from the words 'one day' in the creation story, even though the section deals with קדשים.

Opening lines

The steps (25)

1. Proofרבי יהודה: no lashes for leftovers because a positive command follows the prohibition
2. Statementרבי יעקב: no lashes because leaving meat over involves no action
3. ProofA new source: eating two sciatic nerves from two animals
4. QuestionWhat case is the ברייתא talking about?
5. ResponseIt must be one eating with one warning
6. QuestionWho is the תנא קמא? Not the רבנן who argue with סומכוס
7. ProofSo the תנא קמא must be סומכוס
8. RejectionThe case is really one after the other
9. Proofרבי יהודה requires an olive-bulk for גיד הנשה
10. StatementFour days a year the seller must tell the buyer
11. Statementרבי יהודה limits the duty to inform
12. StatementOn these days the butcher can be forced to slaughter
13. StatementIf the seller did not warn him, the buyer may slaughter
14. QuestionWhy does the משנה say mother to the groom and daughter to the bride?
15. ResponseThe groom's side does more of the work
16. ChallengeHow can the buyer lose if he never pulled the ox?
17. Resolutionרב: the buyer did pull the ox
18. ChallengeBut the second half says the seller loses
19. ResolutionSomeone else acquired the meat for the buyer
20. ResolutionOn the four festival eves, the Sages kept Torah law
21. ProofBy Torah law money acquires; pulling is a rabbinic rule
22. StatementFor אותו ואת בנו, the day follows the night
23. Proofבן זומא learns it from the creation story
24. QuestionWhy we might have counted it like קדשים
25. ResponseThe creation story settles it: night comes first