Chullin 38a

גּוֹעָה וְהֵטִילָה רֶיעִי וְכִשְׁכְּשָׁה בְּאׇזְנָהּ – הֲרֵי זֶה פִּירְכּוּס. אֲמַר לְהוּ: אִצְטְרִיכָא לֵיהּ לְאַבָּא לְאֹזוֹזֵי אוּנֵּי, שֶׁאֲנִי אוֹמֵר כֹּל שֶׁאֵינָהּ [עוֹשָׂה] דְּבָרִים שֶׁהַמֵּתָה עוֹשָׂה.

If the animal lows, or excreted excrement, or wiggled its ear during the slaughter, that is a convulsion, and the slaughter renders eating the flesh of the animal permitted. Shmuel said to them: Is it necessary according to Abba, i.e., Rav, for the animal to move its ears during the slaughter, which requires a considerable life force? As I say: Any movements of the animal that are not matters that the death of the animal engenders are convulsions sufficient to render the slaughter valid.

מַאי נִינְהוּ דְּבָרִים שֶׁהַמֵּתָה עוֹשָׂה? אָמַר רַב עָנָן: לְדִידִי מִפָּרְשָׁא לִי מִינֵּיהּ דְּמָר שְׁמוּאֵל – הָיְתָה יָדָהּ כְּפוּפָה וּפְשָׁטַתָּה – דָּבָר שֶׁהַמֵּתָה עוֹשֶׂה, פְּשׁוּטָה וּכְפָפַתָּה – דְּבָרִים שֶׁאֵין הַמֵּתָה עוֹשָׂה.

The Gemara asks: What are matters that the death of the animal engenders? Rav Anan said: This was explained to me from Master Shmuel himself: If the animal’s foreleg was bent, and the animal straightened it, that is a matter that the death of the animal engenders. But if its foreleg was straight and the animal bent it, that is among the matters that the death of the animal does not engender and is a convulsion sufficient to render the slaughter valid.

מַאי קָא מַשְׁמַע לַן? תְּנֵינָא: בְּהֵמָה דַּקָּה שֶׁפָּשְׁטָה יָדָהּ וְלֹא הֶחְזִירָה – פְּסוּלָה, שֶׁאֵינָהּ אֶלָּא הוֹצָאַת נֶפֶשׁ; הָא הֶחְזִירָה – כְּשֵׁרָה.

The Gemara asks: What is Shmuel teaching us with that statement? We already learn in the mishna: The slaughter of a small animal that during its slaughter extended its foreleg that was bent and did not restore it to the bent position is not valid, as extending the foreleg is nothing other than part of the natural course of removal of the animal’s soul from its body and not a convulsion indicating life. But one may infer that if the animal does restore its foreleg to the bent position, that indicates life and the slaughter is valid.

אִי מִמַּתְנִיתִין, הֲוָה אָמֵינָא: דַּוְקָא דְּכַיְיפָה וּפָשְׁטָה וַהֲדַר כָּיְיפָה לַהּ, אֲבָל פְּשׁוּטָה וּכְפָפַתָּה – לָא, קָא מַשְׁמַע לַן.

The Gemara answers: If the halakha is learned from the mishna alone, I would say that it is specifically in a case where the animal’s foreleg had been bent, and the animal now straightens it and then bends it, that the slaughter is valid. But if the foreleg had been straight and the animal bent it, the slaughter is not valid. Therefore, Shmuel teaches us that if its foreleg was straight and the animal bent it; that is a convulsion sufficient to render the slaughter valid.

מֵיתִיבִי: רַבִּי יוֹסֵי אוֹמֵר, הָיָה רַבִּי מֵאִיר אוֹמֵר: גּוֹעָה בִּשְׁעַת שְׁחִיטָה – אֵין זֶה פִּירְכּוּס. רַבִּי אֶלְעָזָר בְּרַבִּי יוֹסֵי אוֹמֵר מִשְּׁמוֹ: אֲפִילּוּ הֵטִילָה רֶיעִי וְכִשְׁכְּשָׁה בִּזְנָבָהּ – אֵין זֶה פִּירְכּוּס. קַשְׁיָא גּוֹעָה אַגּוֹעָה, קַשְׁיָא רֶיעִי אַרֶיעִי!

The Gemara raises an objection from a baraita to Rav’s statement cited earlier. Rabbi Yosei says that Rabbi Meir would say: If an animal lows during its slaughter, that is not a convulsion sufficient to render the slaughter valid. Rabbi Elazar, son of Rabbi Yosei, says in the name of Rabbi Yosei: Even if the animal excreted excrement or wagged its tail, that is not a convulsion sufficient to render the slaughter valid. The Gemara now clarifies: Rabbi Yosei’s statement in the baraita that if an animal lows it is not a convulsion sufficient to render the slaughter valid is difficult, as it contradicts the statement of Rav that if an animal lows it is a convulsion. And Rabbi Elazar’s statement in the baraita that if an animal excreted excrement it is not a convulsion sufficient to render the slaughter valid is difficult, as it contradicts the statement of Rav that if an animal excreted excrement it is a convulsion.

גּוֹעָה אַגּוֹעָה לָא קַשְׁיָא: הָא דְּעָבֵי קָלַהּ, הָא דְּעָמֵי קָלַהּ. רֶיעִי אַרֶיעִי נָמֵי לָא קַשְׁיָא: כָּאן בְּשׁוֹתֶתֶת, כָּאן בְּמַתְרֶזֶת.

The Gemara answers: The apparent contradiction between the opinion that when an animal lows it is a convulsion and the opinion that when an animal lows it is not a convulsion is not difficult. This opinion, that it is a convulsion, is referring to a case where the animal’s voice is rich and powerful, a clear indication of life; that opinion, that it is not a convulsion, is referring to a case where the animal’s voice is muted, which is not an indication of life. The apparent contradiction between the opinion that when an animal excreted excrement it is a convulsion and the opinion that when an animal excreted excrement it is not a convulsion is also not difficult. Here, the opinion that it is not a convulsion is referring to a case where the animal expels the excrement in a trickle. That is not an indication of life. There, the opinion that it is a convulsion is referring to a case where the animal expels the excrement with force. That is an indication of life.

אָמַר רַב חִסְדָּא: פִּירְכּוּס שֶׁאָמְרוּ – בְּסוֹף שְׁחִיטָה. מַאי בְּסוֹף שְׁחִיטָה? בְּאֶמְצַע שְׁחִיטָה, לְאַפּוֹקֵי תְּחִלַּת שְׁחִיטָה דְּלָא.

§ The Gemara continues its definition of convulsion that indicates life. Rav Ḥisda said: I was taught that the convulsion that the Sages said is an indication of life is a convulsion at the conclusion of the act of slaughter. Rav Ḥisda elaborates: What is the meaning of: At the conclusion of the act of slaughter? It means even in the midst of the slaughter. The Sages said that it must be at the conclusion of the slaughter only to exclude convulsions at the beginning of the act of slaughter, which are not an indication of life.

אָמַר רַב חִסְדָּא: מְנָא אָמֵינָא לַהּ? דִּתְנַן: בְּהֵמָה דַּקָּה שֶׁפָּשְׁטָה יָדָהּ וְלֹא הֶחְזִירָה – פְּסוּלָה. אֵימַת? אִילֵּימָא בְּסוֹף שְׁחִיטָה, כֹּל הָכִי תֵּיחֵי וְתֵיזִיל? אֶלָּא לָאו בְּאֶמְצַע שְׁחִיטָה?

Rav Ḥisda said: From where do I say that a convulsion in the midst of the act of slaughter is an indication of life? It is from the mishna, as we learned: The slaughter of a small animal that when being slaughtered extended its foreleg that was bent and did not restore it to the bent position is not valid, as extending the foreleg is only part of the natural course of removal of the animal’s soul from its body and not a convulsion indicating life. Rav Ḥisda elaborates: When did the animal extend its foreleg but not restore it? If we say that it occurred at the conclusion of the slaughter, must the animal continue living for so extended a period that it restores its leg to its bent position after the slaughter is complete? Is the slaughter truly not valid otherwise? Rather, is it not that the mishna is referring to a case where the animal extends its foreleg in the middle of the slaughter? If so, then when it restores its leg as well, it is considered a convulsion that indicates life.

אֲמַר לֵיהּ רָבָא: לְעוֹלָם בְּסוֹף שְׁחִיטָה, שֶׁאֲנִי אוֹמֵר: כֹּל שֶׁאֵינָהּ עוֹשֶׂה כֵּן בְּסוֹף שְׁחִיטָה – בְּיָדוּעַ שֶׁנִּשְׁמָתָהּ נְטוּלָה הֵימֶנָּה קוֹדֶם לָכֵן.

Rava said to Rav Ḥisda: That is no proof. Actually, one could explain that the mishna is referring to a case where the animal extends its foreleg but did not restore it to the bent position at the conclusion of the slaughter, as I say with regard to any animal that does not do so at the conclusion of the slaughter, it is known that its soul was taken from it before that moment, and it was not alive.

רַב נַחְמָן בַּר יִצְחָק אָמַר: פִּירְכּוּס שֶׁאָמְרוּ – בִּתְחִלַּת שְׁחִיטָה.

Rav Naḥman bar Yitzḥak said: The convulsion that the Sages said is an indication of life is a convulsion even at the beginning of the act of slaughter.

אָמַר רַב נַחְמָן בַּר יִצְחָק: מְנָא אָמֵינָא לַהּ? דִּתְנַן, אָמַר רַבִּי שִׁמְעוֹן: הַשּׁוֹחֵט בַּלַּיְלָה, וּלְמָחָר מָצָא כְּתָלִים מְלֵאִים דָּם – כְּשֵׁרָה, שֶׁזִּינְּקָה, וּכְמִדַּת רַבִּי אֱלִיעֶזֶר. וְאָמַר שְׁמוּאֵל: כּוֹתְלֵי בֵּית שְׁחִיטָה שָׁנִינוּ. אִי אָמְרַתְּ בִּשְׁלָמָא בִּתְחִלַּת שְׁחִיטָה – שַׁפִּיר, אֶלָּא אִי אָמְרַתְּ בְּסוֹף שְׁחִיטָה, לֵיחוּשׁ דִּלְמָא בִּתְחִלַּת שְׁחִיטָה זִינְּקָה.

Rav Naḥman bar Yitzḥak explained further and said: From where do I say that this is so? It is from the mishna, as we learned that Rabbi Shimon says: In the case of one who slaughters at night and the next day he awoke and found walls full of blood, the slaughter is valid, as it is clear that the blood spurted, and this is in accordance with the ruling of Rabbi Eliezer. And Shmuel said with regard to the walls mentioned in the statement of Rabbi Shimon: It is the walls of the place of the slaughter, i.e., the walls of the neck, not the walls of the house, that we learned. Granted, if you say that a convulsion even at the beginning of the act of slaughter is an indication of life, this works out well. But if you say that a convulsion is an indication of life only at the conclusion of the act of slaughter, let us be concerned that perhaps the blood spurted onto the walls of the neck at the beginning of the act of slaughter, and there was no indication of life.

וְדִלְמָא שָׁאנֵי זִינּוּק, דַּעֲדִיף.

The Gemara rejects that proof. But perhaps spurting is different, as it is superior as an indication of life to extending or bending a foreleg, and therefore, although extending or bending a foreleg is a sufficient indicator of life only at the conclusion of the act of slaughter, spurting is a sufficient indicator even at the beginning of the act of slaughter.

וּמִי עֲדִיף? וְהָתְנַן, רַבִּי אֱלִיעֶזֶר אוֹמֵר: דַּיָּיהּ אִם זִינְּקָה, קַל מִדְּרַבָּן גַּמְלִיאֵל, וַעֲדִיף מִדְּרַבָּנַן.

The Gemara asks: And is spurting superior? But didn’t we learn in the mishna: Rabbi Eliezer says it is sufficient if blood spurted from the neck, indicating that spurting of blood is a less substantive indication of life than those indications mentioned in the statement of Rabban Gamliel, who requires that the animal convulse with its foreleg and with its hind leg? The Gemara answers: Rabbi Eliezer’s requirement of spurting is less substantive than the requirements of Rabban Gamliel as an indication of life, but superior to the requirement of the Rabbis as an indication of life, where the Rabbis require that the animal convulse either with its foreleg or with its hind leg.

אָמַר רָבִינָא: אָמַר לִי סַמָּא בַּר חִילְקַאי, אַקְשִׁי בַּהּ אֲבוּהּ דְּבַר אַבּוּבְרָם, וְאָמְרִי לַהּ אֲחוּהּ דְּבַר אַבּוּבְרָם: וּמִדְּרַבָּנַן מִי עֲדִיף? וְהָא תְּנַן: וַחֲכָמִים אוֹמְרִים: עַד שֶׁתְּפַרְכֵּס אוֹ בַיָּד אוֹ בָרֶגֶל.

Ravina said: Samma bar Ḥilkai said to me that the father of bar Abuveram, and some say that it was the brother of bar Abuveram, raises a difficulty: And is blood spurting superior to the requirement of the Rabbis as an indication of life? But didn’t we learn in the mishna: And the Rabbis say: It is permitted only in a case where it convulses with its foreleg or with its hind leg, or in a case where it wags its tail?

רַבָּנַן אַהֵי קָיְימִי? אִילֵּימָא אַדְּרַבָּן גַּמְלִיאֵל – ״כֵּיוָן שֶׁפִּירְכְּסָה״ מִיבְּעֵי לֵיהּ!

Ravina elaborates: To which statement of the tanna’im in the mishna do the Rabbis stand and respond? If we say that they are responding to the statement of Rabban Gamliel, who requires that the animal convulse with its foreleg and with its hind leg, the Rabbis should have said: Once the animal convulsed with its foreleg or with its hind leg or it wagged its tail, indicating that this is sufficient.

אֶלָּא פְּשִׁיטָא אַדְּרַבִּי אֱלִיעֶזֶר, וְאִי עֲדִיף, מַאי ״עַד״?

Rather, it is obvious that the Rabbis are responding to the statement of Rabbi Eliezer. And if Rabbi Eliezer’s opinion is superior to that of the Rabbis as an indication of life, what is the meaning of: It is permitted only in a case where it convulses with its foreleg or with its hind leg or it wags its tail? In that case too, the Rabbis should have said: Once the animal convulses with its foreleg or with its hind leg or it wags its tail. Apparently, blood spurting is a less substantive indication of life, and the proof of Rav Naḥman bar Yitzḥak remains valid: If spurting at the beginning of the act of slaughter is a sufficient indication of life to render the slaughter valid, then all the more so, extending and bending a limb are also sufficient indications of life.

רָבָא אָמַר: פִּירְכּוּס שֶׁאָמְרוּ – בְּסוֹף שְׁחִיטָה. אָמַר רָבָא: מְנָא אָמֵינָא לַהּ? דְּתַנְיָא: ״שׁוֹר

Rava said: The convulsion that the Rabbis said is an indication of life is a convulsion at the conclusion of the act of slaughter. Rava said: From where do I say that this is the case? It is as it is taught in a baraita with regard to the verse: “When a bull or a sheep or a goat is born, it shall be seven days under its mother; and from the eighth day and onward it may be accepted for an offering to the Lord” (Leviticus 22:27). The phrase “a bull