Torah Riddles Test #120

1.       Questions: What would be the difference between a Jew and non-Jew together tying tzitzis and them together shechting an animal?

Background:

A.      The case by shechting is where they are both holding onto the knife when slaughtering where the Shulchan Aruch Yoreh Deah 2:11 says it is no good.

B.      You need an action of a kosher shechita done by a Jew but it does not transform the animal in any way but by tzitzis the four cornered garment is transformed into a tzitzis garment and the action required to be done by a Jew is just the means to transform it into a kosher tzitzis garment.

C.      Why then would it be alright if a non-Jew made the tzitzis with the Jew even if it would not work by shechting the animal?

 Answer: Since what is required by shechting is a kosher action then the whole action must be done only by a Jew according to the Shulchan Aruch. But by tzitzis you just need a garment of tzitzis made by a Jew and it was made by a Jew a non-Jew was just involved as well.

Torah Riddles Test #85

1.     Question: Why would a person be exempt for shooting an arrow at a guy holding a shield and the shield was taken away from him right before it reaches him and he is therefore hurt or even killed but in the same scenario if the arrow just happens to properly, halachically slaughter a bird it is kosher?

Background:

A. The Gemara in Sanhedrin 77b says in the name of Rava that because there was a shield in the way when the arrow was shot which would have prevented harm then the fact it was removed before the arrow reached the victim makes it indirect killing even if the shooter himself somehow removed the shield before the arrow reached its target.

B. There is a Gemara in Chullin 30b about a case of Rava checking Rebbe Yona bar Tachlifa’s arrows to make sure they were sharp enough before being used to shoot and shecht birds in midflight.

C. The Gemara in Chullin 15b-16a says that one who shechts using a knife powered by a water mill is not kosher because it is not your direct power, rather it is secondary power of your which is causing the slaughter to happen and therefore it is indirect and invalid.

D. By hurting or killing someone the sin is the act of killing or damaging.

E. The mitzvah of shechita does not need an act of shechita but that                                  shechita comes from his power. 


Answer: By the murder or injury we can say that it wasn’t his action of shooting that killed or hurt the person since the shield was in the way when the arrow was shot but by the slaughter, though the shechita would not have happened when the shield was there but it was taken away and it was because of the power of his shot that it was shechted properly therefore it is kosher.

Torah Riddles Test #77

  1. Question: What is the difference between shechita and chalitza? Why if shechita is done specifically in mind just to cut the animal and not to do a kosher slaughtering it is not kosher even if a kosher slaughtering was halachically done but if one does the process of chalitza with the opposite intent (I.e. to do yibum and marry her instead of get rid of her) then it still works as a chalitza?

Background:

  1. The Maharshal (Yam Shel Shlomo Chullin 2:12) holds that even though we poskin that if a knife falls and just happens to shecht an animal properly it is a kosher slaughtering  you don’t need specific intent to shect but if you specifically had in mind not to perform a kosher shechita, but rather just to stab it or strangle the animal that is not a shechita even if it was physically done properly.
  2.  The Oneg Yom Tov (57) asks on the Maharshal from a case in Yevamos daf 106 that Reish Lakish holds that the case of a mistaken chalitza being a kosher chalitza is when he says I will perform the process of chalitza in order marry her. Even though chalitza is the process to separate the brother from his yevama and avoid marrying or doing yibum to her.
  3. The Maharshal holds that by shechita, the shochet is the one who is permitting the animal to be eaten. But by chalitza G-d is the one permitting the woman to marry anyone it is just that chalitza is the process of acquisition done for her to acquire herself and be allowed to now marry anyone else.
  4. Normally by an acquisition the person doing the acquisition makes it his by himself but by chalitza G-D makes her free not the brother who is doing the action of kinyan (acquisition to release her from the bond of yibum).

Answer: By chalitza it makes no difference what the intent of the brother was when doing the chalitza the action was done which allows for the Torah to release her but by shechita, granted there is no acquisition done to make it kosher therefore no specific intent is needed as long as the act was done properly but because the shochet is the one in control to make it kosher then if he has specific intent for it not to be kosher then he ruined it.  (Mishmeres Chaim 1:81)