Zichru Daf Simanim
Chullin - Daf 115
  1. לא אמרה תורה שלח לתקלה

On the previous Daf, Rav Ashi had darshened that כל שתעבתי לך הרי הוא בבל תאכל – anything I have made abominable for you by forbidding it is included in the prohibition, “you shall not eat.” The Gemara raises numerous challenges to this principle, including: שילוח הקן ליתסרa mother bird which was sent away to fulfill the mitzvah of sending away [a mother from its] nest should be prohibited, since it was initially forbidden to be taken from the nest first, and so should be a "תועבה" and remain forbidden in consumption!? The Gemara answers: לא אמרה תורה שלח לתקלה – the Torah did not say to send away the mother bird to be a stumbling block for those who may inadvertently eat it without realizing it is prohibited.

  1. Rebbe Yishmael’s source: לא תבשל גדי בחלב אמו three times

The Gemara continues to present various sources for the prohibitions of eating or deriving benefit from בשר בחלב. Rebbe Eliezer’s yeshivah quoted a passuk which first prohibits eating נבלה, then permits selling it to a gentile, and concludes with the prohibition to cook a kid in its mother’s milk. This juxtaposition teaches: כשתמכרנה לא תבשלנה ותמכרנה – when you sell [neveilah] to the gentile, do not cook it in milk and sell it, because בשר בחלב is forbidden in benefit. Rebbe Yishmael’s yeshivah darshened: לא תבשל גדי בחלב אמו ג' פעמים – the Torah states the passuk “you shall not cook a kid in the milk of its mother” three times. These three prohibitions teach: אחד לאיסור אכילה – one for the prohibition to eat meat cooked in milk, ואחד לאיסור הנאה – one for the prohibition to benefit from it, ואחד לאיסור בשול – and one for the prohibition to cook meat with milk.

  1. כל מה הצד פרכינן כל דהו, etc.

Rav Mordechai quoted several principles about how a מה הצד (i.e., צד השוה) may be refuted:

כל מה הצד מגופו פרכינן – any common characteristic derivation can be refuted from within,מעלמא לא פרכינן – but cannot be refuted from elsewhere. Meaning, if the two מלמדים share a characteristic that the למד – derived [case] lacks, the צד השוה is refuted. However, an outside case which shares their common characteristic but not their common halachah being derived does not refute the צד השוה. The next principle Rav Mordechai quotes is challenged, and emended as follows: חדא מחדא – when the halachah of one place is being derived from onesource, קולא וחומרא פרכינן – then we can refute the derivation based on a unique leniency or stringency found in the מלמד (depending on whether a leniency or stringency is being derived), but כל דהו לא פרכינן – we cannot refute it based on a mere difference between the מלמד and למד (which would not logically cause the halachah). חדא מתרתי – When the halachah of one place is being derived from two sources (through a צד השוה), אפילו כל דהו פרכינן – we can refute it based on a mere difference between the מלמדים and the למד. If a halachah is derived from three sources, then if the derivation reverts to a צד השוה, it can be refuted with a פירכא כל דהוא, but if not, it can only be refuted with a קולא or חומרא.

Siman – Ketores Maker. The ketores maker who sent away a mother bird on his way to find an herb for his ketores, with the knowledge that the bird would be mutar for anyone who finds it, was busy grinding ketores and sayingלא תבשל גדי בחלב אמו three times because the sound produces better ketores, when his friend rudely burst in with a whole list of ways to refute theמה הצד he had used to procure his recipe for ketores.

Rabbi Avraham Goldhar

Rabbi Avraham Goldhar has been designing and teaching Jewish literacy courses for over thirty years. His knowledge frameworks for Biblical mastery, Jewish History, Talmudic Law & Jewish Holidays enable students of all backgrounds to better integrate Jewish concepts and learn systematically. After serving as the Educational Director of Aish HaTorah New York, Avraham launched GoldharSchool.com, Home of Big Picture Jewish Education, featuring Jewish literacy content for schools and individuals. He is the developer of the Goldhar Method, a revolutionary learning system that integrates memory into the learning process and has trained over 80,000 students, teachers and professionals. He lectures internationally on the topic of academic mastery and the solutions required to raise the bar in education. Avraham learned in Aish HaTorah, Mir, and Chaim Berlin and received his ordination under the tutelage of Rabbi Yitzchok Berkovits in Jerusalem.