Iyun 2: Shechitas Cheresh

(4) This mode of slaughtering, which is spoken of in the Torah indefinitely, must be explained, so as to know on what organ of the animal sheḥitah is performed; what is the extent of sheḥitah; with what instrument, when, where and how sheḥitah is executed; what things invalidate sheḥitah; and who may serve as a shoḥet. All these details are implied in the biblical command, which states: "You shall slaughter any of your cattle or sheep … as I have instructed you, and you may eat to your heart's content in your settlements." All these details were commanded orally, like the rest of the Oral Torah which is referred to as Mitzvah (commandment), as we have explained in the introduction to this work.

(1) it was taught in a brita "and you shall sacrifice from you sheep and cattle as i have commanded you" this teaches us that moses was commanded by heart the laws of slaughtering. and i am organizing their law's, for example: who is fit to slaughter, and the intention one must have while doing so, and a thought witch will invalidate the slaughtering, with what does one slaughter, and when does one slaughter, and which animals can be slaughtered, and a fetus which is found in the mothers stomach, and the rule that you cant slaughter and animal and its son on the same day, and checking the knife, and the blessing recited over slaughtering. everyone may slaughter: woman and freed slaves and any person, even if we don't know that he is a authentic butcher, meaning: that he wont faint while doing it. and that we don't know that he knows the laws of shcheta. this is because most people who regularly shecht are assumed to be experts and trustworthy. When is this true,when the person isn't in front of us, then we can eat from his shechting and we rely on the assumption, but if he is in front of us we must check if he is a expert and to ask him if he fainted.and the smag writes in the name of r tam that he dosent need to know all the laws,rather if he says "on this thing i was unsure and i asked" we do call this knowing(the laws of shechita). only when he says the forbidden is permitted then he is not valid to shecht and we cant eat from his shcheta. however we can initially rely on a person with the knowledge that we will check him later,and we don't worry that we may come to eat without checking and asking him first. but if there is a person of who we know that he dosent know the laws of shechita even if he shechted in front of us two or three times,and then shechted by himself, his shechting is invalid even if we ask him did you do the following things and it seems from his answer that he did shecht properly,we canot rely on him. and even if he says "i am confident that i shechted properly it is invalid(and cant be eaten from).but anything which he does infront of us is valid, and even initially we can give him to slaughter as long as there is somone standing over him and this is provided that he sees him shechting from the begning until the end. and the bal itur wrote: if we know that he has learnt the laws of shechita even if he has not gotten a trustworthy status then he can initially shecht, and if we don't know wehter he has learnt the laws or not, then he should not initially shecht but if he did then his shechting is kosher and we don't have to check even if he is in front of us. and the rambam made a difference between a person who know the laws and a person who we have knowledge that that knows how to shecht regarding wether we must ask him or not. as he writes: one who knows the rules of shechita should shecht by himself in the beginning until he has shechted in front of a wise man many tines and is quick and accustomed (to shechita), butif he did his shechita is kosher. and he did not write that we ask him,however concerning a person who dosent know the laws of shechita he writes that if he shechts by himself we ask him, if he knows the laws of shechita then his shechita is kosher. and my master and father the rush may his memory be blessed did not make this differentiation(the one that the rambam made)rather he said that if he in front of us then we check him and ask him if he fainted, and if hes not, than we rely on the assumption concerning both of them (one who knows the laws and one who dosent).and this also the opinion of r elfas. and since most pepole are valid to shecht, if one finds a animal that is shechted properly,in a place with mostly Jews it is kosher. and even if it was stolen from him and he finds it shechted(it is kosher)because even if he is suspected to steal he isnt suspected for improper shechting.and the rambam writes that this is only if it is found ina house, but if he found it in the garbage of a house or in the street it is forbidden.and my father the rosh permited it even if it was found in the garbage of a house and he only forbade it in a garbage which was on the street, and so to the rashba permitted it unless it was found in the garbage of a street. a deaf person wich is somone who does not hear or talk and a retarded peson wich is one who goes out alone at night, or tares his clothing, or he sleeps ina cemetery, or he loses what is given to him, even in one of these instances if he does this in a fashion of retardation he is called a retarded person,and a minor that cant use his hands to shecht properly, all of these pepole cannot initially shecht even if others are watching them, but if they did anyway then it is kosher. and in any case we don't initaly give them a animal to shecht if there is no one watching them even if he wants to give it to the dogs to eat.and a deaf person who speaks but dosent hear even though he talks he shold not initaly shecht because he doesn't hear the blessing but if he did shecht even by him himself hes shechita is kosher. butd if one hearsand does not speak if he is a expert than even initially he can slaughter if another makes the blessing and a minor who isa expert should not shecht inittaly but if hr did than it is losher. and if a older person is standing and watching he can shecht even inittaly. and a person who reached the drukinis of loot the rule regarding himis like a retarded person

(2) A “heresh”, who speaks but cannot hear, may not give terumah, but if he does so, his terumah is terumah. The “heresh” of whom the sages generally speak is one who neither hears nor speaks.

(1) it was taught in a brita "and you shall sacrifice from you sheep and cattle as i have commanded you" this teaches us that moses was commanded by heart the laws of slaughtering. and i am organizing their law's, for example: who is fit to slaughter, and the intention one must have while doing so, and a thought witch will invalidate the slaughtering, with what does one slaughter, and when does one slaughter, and which animals can be slaughtered, and a fetus which is found in the mothers stomach, and the rule that you cant slaughter and animal and its son on the same day, and checking the knife, and the blessing recited over slaughtering. everyone may slaughter: woman and freed slaves and any person, even if we don't know that he is a authentic butcher, meaning: that he wont faint while doing it. and that we don't know that he knows the laws of shcheta. this is because most people who regularly shecht are assumed to be experts and trustworthy. When is this true,when the person isn't in front of us, then we can eat from his shechting and we rely on the assumption, but if he is in front of us we must check if he is a expert and to ask him if he fainted.and the smag writes in the name of r tam that he dosent need to know all the laws,rather if he says "on this thing i was unsure and i asked" we do call this knowing(the laws of shechita). only when he says the forbidden is permitted then he is not valid to shecht and we cant eat from his shcheta. however we can initially rely on a person with the knowledge that we will check him later,and we don't worry that we may come to eat without checking and asking him first. but if there is a person of who we know that he dosent know the laws of shechita even if he shechted in front of us two or three times,and then shechted by himself, his shechting is invalid even if we ask him did you do the following things and it seems from his answer that he did shecht properly,we canot rely on him. and even if he says "i am confident that i shechted properly it is invalid(and cant be eaten from).but anything which he does infront of us is valid, and even initially we can give him to slaughter as long as there is somone standing over him and this is provided that he sees him shechting from the begning until the end. and the bal itur wrote: if we know that he has learnt the laws of shechita even if he has not gotten a trustworthy status then he can initially shecht, and if we don't know wehter he has learnt the laws or not, then he should not initially shecht but if he did then his shechting is kosher and we don't have to check even if he is in front of us. and the rambam made a difference between a person who know the laws and a person who we have knowledge that that knows how to shecht regarding wether we must ask him or not. as he writes: one who knows the rules of shechita should shecht by himself in the beginning until he has shechted in front of a wise man many tines and is quick and accustomed (to shechita), butif he did his shechita is kosher. and he did not write that we ask him,however concerning a person who dosent know the laws of shechita he writes that if he shechts by himself we ask him, if he knows the laws of shechita then his shechita is kosher. and my master and father the rush may his memory be blessed did not make this differentiation(the one that the rambam made)rather he said that if he in front of us then we check him and ask him if he fainted, and if hes not, than we rely on the assumption concerning both of them (one who knows the laws and one who dosent).and this also the opinion of r elfas. and since most pepole are valid to shecht, if one finds a animal that is shechted properly,in a place with mostly Jews it is kosher. and even if it was stolen from him and he finds it shechted(it is kosher)because even if he is suspected to steal he isnt suspected for improper shechting.and the rambam writes that this is only if it is found ina house, but if he found it in the garbage of a house or in the street it is forbidden.and my father the rosh permited it even if it was found in the garbage of a house and he only forbade it in a garbage which was on the street, and so to the rashba permitted it unless it was found in the garbage of a street. a deaf person wich is somone who does not hear or talk and a retarded peson wich is one who goes out alone at night, or tares his clothing, or he sleeps ina cemetery, or he loses what is given to him, even in one of these instances if he does this in a fashion of retardation he is called a retarded person,and a minor that cant use his hands to shecht properly, all of these pepole cannot initially shecht even if others are watching them, but if they did anyway then it is kosher. and in any case we don't initaly give them a animal to shecht if there is no one watching them even if he wants to give it to the dogs to eat.and a deaf person who speaks but dosent hear even though he talks he shold not initaly shecht because he doesn't hear the blessing but if he did shecht even by him himself hes shechita is kosher. butd if one hearsand does not speak if he is a expert than even initially he can slaughter if another makes the blessing and a minor who isa expert should not shecht inittaly but if hr did than it is losher. and if a older person is standing and watching he can shecht even inittaly. and a person who reached the drukinis of loot the rule regarding himis like a retarded person