Chullin - Daf 13
  • מחשבתו ניכרת מתוך מעשיו (ex. – a קטן turned over produce which he brought up to the roof)

The Gemara explains that Rebbe Yochanan’s inquiry about a קטן’s capacity for "מחשבה" was about מחשבתו ניכרת מתוך מעשיו – where his intent is apparent from his actions, such as where a קטן brought an עולה from the south side of the עזרה to the north side and shechted it (without declaring his intent). Does his action indicate his intent to shecht it as an עולה, or perhaps he simply moved it for practical reasons? The Gemara objects that Rebbe Yochanan already taught that he does have such "מחשבה": if one brought produce up to his roof because of insects, and dew descended onto it, it is not susceptible to tumah, unless he wanted it to be wet (some time before it dried). But a קטן who brought up produce does not subject it to tumah, even if he intended it to be wet, because a קטן’s intent is ineffective. Rebbe Yochanan added that היפך בהן – if he turned [the produce] over once it was wet, it is susceptible to tumah, since his intent is apparent from his action!? The Gemara answers that Rebbe Yochanan was asking if this principle is only מדרבנן (and only for stringencies), or even מדאורייתא (and effective even for shechitah of korbanos).

  • If shechitah of an עכו"ם is permitted in הנאה (and not assumed to be for idolatry)

The next Mishnah states that whatever an עובד כוכבים shechts is a נבילה, and is מטמא through being carried (Tosafos on Daf 3b explains that shechitah is only valid when performed by Jews, who require it). The Gemara infers that it is only a נבילה, but permitted in benefit. Rebbe Yochanan notes that this Mishnah disagrees with Rebbe Eliezer, who says סתם מחשבת עובד כוכבים לעבודת כוכבים – the unspecified intent of an idolator is for idolatry, and his shechitah would be forbidden in הנאה. Rebbe Ami infers from the Mishnah that the shechitah of a מין – devotee of avodah zarah is forbidden in הנאה, because it is assumed to be for idolatry. The Gemara asks why the shechitah of an ordinary gentile is permitted in benefit; why are we not concerned that he is a מין? Rabbah bar Avuha answers: אין רוב עובדי כוכבים מינין – most gentiles are not מינים. He holds like Rebbe Yochanan, who said that gentiles outside Eretz Yisroel are not sincere idol worshippers; אלא מנהג אבותיהן בידיהן – rather, it is merely the practice of their ancestors in their hands.

  • Shechting at night

The next Mishnah states: השוחט בלילה – if one shechts at night, וכן הסומא ששחט – and similarly if a blind person shechts, the shechitah is valid. The Mishnah’s language implies that shechitah at night is only valid בדיעבד – after the fact, but not permitted לכתחילה, since he cannot see if he has cut both סימנים. This contradicts a Baraisa which states: לעולם שוחטין בין ביום ובין בלילה – one may shecht at all times, whether by day and by night, as well as on a rooftop or on a boat!? Rav Pappa answers that the Baraisa’s case is בשאבוקה כנגדו – where there is a torch opposite him and he can see his shechitah, but the Mishnah’s case is one who shechts in the dark. This distinction is supported by the two texts: the Baraisa groups shechting at night together with shechting by day, implying that this nighttime shechitah is similarly visible, whereas the Mishnah groups shechitah at night with shechitah by a blind person, indicating that the shechitah is in the dark.

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