Chullin

meaning to include the skin of the pudenda1 at the improper place, the sacrifice would be invalid, and he would not be liable to the punishment of Kareth, but at the improper time it would be piggul, and he would be liable to the punishment of Kareth. MISHNAH. THE FOLLOWING [DEFECTS]2 RENDER BIRDS TREFAH: IF THE GULLET WAS PIERCED, OR THE WINDPIPE SEVERED; IF A WEASEL STRUCK3 [THE BIRD] ON THE HEAD IN SUCH A PLACE AS WOULD RENDER IT TREFAH;4 IF THE GIZZARD OR THE INTESTINES WERE PIERCED. IF IT FELL INTO THE FIRE AND ITS INTERNAL ORGANS WERE SCORCHED AND THEY5 TURNED GREEN, IT IS INVALID, BUT IF THEY REMAINED RED IT IS VALID. IF ONE TROD UPON IT OR KNOCKED IT AGAINST A WALL OR IF AN ANIMAL TRAMPLED UPON IT,6 AND IT STILL JERKS ITS LIMBS, AND IT REMAINED ALIVE AFTER THIS FOR TWENTY-FOUR HOURS, AND IT WAS THEREAFTER SLAUGHTERED, IT IS VALID. GEMARA. Rab, Samuel and Levi say: One should insert the finger into the mouth [of the bird and press upon the upper palate] and apply this test:7 if the brain substance oozes [through the hole in the skull] it is trefah, but if not it is permitted. This is well, however, only according to him who says8 that unless the lower membrane of the brain has also been pierced [it would not be trefah]; but according to him who says that [it is trefah] even if only the upper membrane and not the lower had been pierced, we ought to be apprehensive of this test for it might well be that the upper membrane has been pierced and the lower has not.9 — If it were so, that the upper membrane had been pierced, then the lower on account of its tenderness would most certainly break10 [by reason of the pressure of the finger]. Ze'iri said: No test is of any avail against [the bite of] a weasel because its teeth are fine. But what does it matter if its teeth are fine? — R. Oshaia corrected: Because its teeth are fine and curved.11 When he [Ze'iri] went up to Nehardea he sent back word saying. ‘That statement which I made before you was wrong. Verily, it has been reported in the name of R. Simeon b. Lakish that one may examine [the membrane of the brain against the bite of] a weasel with the finger but not with a nail,12 but R. Johanan had said: Even with a nail’. Now they differ upon the same principles as in the controversy between R. Judah and R. Nehemiah. For one used to make the test with the finger and the other used to make the test with a needle. Said he who made the test with the finger to him who made the test with a needle, ‘How long will you go on wasting the money of Israel’!13 Replied he who made the test with a nail to him who made the test with the finger. ‘And how long will you go on feeding Israel with nebelah’! Nebelah? But it has been ritually slaughtered! Rather [say] trefah, for the membrane of the brain might have been pierced.14 It can be proved that it was R. Judah who used to make the test with the finger, for it has been taught:15 R. Simeon b. Eleazar says in the name of R. Judah. One may examine [the membrane of the brain against the bite of] a weasel with the finger but not with a nail. If the bone [of the skull] was broken, even though the membrane of the brain had not been pierced, [it is trefah]. It is indeed proved — But is there not a contradiction in this very [Baraitha]? It first says: ‘One may examine [the membrane of the brain against the bite of] a weasel with the finger but not with a nail’, which shows clearly that the examination is adequate, and then it says. ‘If the bone [of the skull] was broken even though the membrane of the brain had not been pierced [it is trefah]’, which shows clearly that the examination is of no avail! — The latter statement refers to a water bird for it has no membrane. ‘It has no membrane’! Is this possible? — Rather, it means, its membrane is so fine [that the examination is of no avail]. R. Nahman said to R. ‘Anan: ‘Did you not tell us, Master, that Samuel used to make the test with the finger and would declare the bird permitted?16 And our colleague Huna also reported that Rab used to make the test with the finger and declare it permitted. But surely Levi has taught. The defects enumerated by the Sages in the case of cattle equally apply [wherever possible] to birds; there is, however, this addition in the case of birds, namely: If the bone [of the skull] was broken even though the membrane of the brain has not been pierced!’ — He replied: ‘The latter [defect] refers only to a water bird, for it has no membrane’. ‘It has no membrane’! Is this possible? — Rather, it means, its membrane is very fine. A hen belonging to R. Hana was sent to R. Mattena, for the bone of its skull had been broken but the membrane of the brain had not been pierced; and he declared it to be permitted. He [R. Hana] remarked: But Levi has taught: The defects enumerated by the Sages in the case of cattle equally apply to birds; there is, however, this addition in the case of birds, namely: If the bone of the skull was broken even though the membrane of the brain has not been pierced! — He replied: That [defect] refers only to a water bird for it has no membrane. ‘It has no membrane’! Is this possible? — Rather, it means, its membrane is very fine. R. Shizbi used to examine [the membrane of the brain of a bird] by the light of the sun. R. Yemar used to examine it with water.17 R. Aha b. Jacob used to examine it Baraitha deals with a burnt-offering which is a male beast. infra, the dictum of Levi. The Tanna of this Mishnah therefore enumerates only those defects which apply exclusively to birds, except for three or four defects for which there are special reasons for their repetition; v. Rashi. considered under the defect of ‘clawing’; v. supra 52bff. those organs which are normally greenish yellow, e.g. the intestines, would render the bird trefah only if they turned red. 51aff. been pierced or not. of the upper membrane. Accordingly the test stated is not reliable. pierced. brain were pierced, the bone of the skull that is immediately above it would prevent any of the brain substance from escaping. removed and the nail must be passed gently over the surface of the membrane of the brain. If anything catches or holds up the nail in its course it indicates a perforation and it is trefah. The danger in this operation is that the man whilst making this test might inadvertently pierce the membrane with the nail, and he would then have to declare the bird trefah, though it was not really trefah, thus occasioning loss unto the Israelite. leaked out it is evident that it had been pierced and it would be trefah. Another method of testing by water is to pour water into the hole of the skull and after a few moments to pour it out into a basin; if the water now appears milky it is a clear indication that some of the brain matter as escaped and mixed with this water, and it would be trefah on account of the perforation of the membrane.