MS Moot Beit Din 2021: Rabbinic Sources (Sheet 2)

All these [animals] were created only to serve me, and I, a human being, was created to serve the One Who formed me.

The Gemara raises an objection to Rav Pappi’s opinion. The blessing recited over ritual slaughter is: Blessed…Who has made us holy through His mitzvot and has commanded us concerning slaughtering. This blessing likewise indicates that this formula is appropriate prior to an action. The Gemara again rejects this claim: There too, what alternative formula can we recite? If we say: Who has commanded us to slaughter, is there no alternative to his slaughtering the animal? There is no mitzva to slaughter an animal. It is merely the necessary preparation before one may eat meat. Therefore, the more general formula of the blessing is recited: Concerning slaughtering. The Gemara raises a difficulty: If so, with regard to the slaughter of the Paschal lamb and other consecrated animals, what can be said? One is indeed commanded to slaughter these animals. The Gemara answers: Yes, it is indeed so. When slaughtering the Paschal lamb or any other offering, one recites: Who has commanded us to slaughter.

It was taught in a baraita that Rabbi Yehuda ben Beteira says: When the Temple is standing, rejoicing is only through the eating of sacrificial meat, as it is stated: “And you shall sacrifice peace-offerings and you shall eat there and you shall rejoice before the Lord your God” (Deuteronomy 27:7). And now that the Temple is not standing and one cannot eat sacrificial meat, he can fulfill the mitzva of rejoicing on a Festival only by drinking wine, as it is stated: “And wine that gladdens the heart of man” (Psalms 104:15).

Rav Yehuda says that Rav says: Meat was not permitted to Adam, the first man, for consumption, as it is written: “And God said: Behold, I have given you every herb that brings forth seed, which is upon the face of all the earth, and every tree, in which is the fruit of a tree that gives forth seed; for you it shall be for food, and for every animal of the earth, and for every fowl of the air, and for everything that creeps upon the earth, in which there is a living soul, every green herb for food. And it was so” (Genesis 1:29–30). It is derived God told Adam: Eating vegetation is permitted to people and animals, but eating the animals of the earth is not permitted to you. But when the children of Noah came, God permitted them to eat meat; as it is stated: “Every moving thing that lives shall be for food for you; as the green herb I have given you all” (Genesis 9:3).

The Gemara raises an objection from a baraita to the assertion that eating meat was prohibited to Adam: Rabbi Yehuda ben Teima would say: Adam, the first man, would dine in the Garden of Eden, and the ministering angels would roast meat for him and strain wine for him.

According to this, evidently Adam would eat meat. The Gemara answers: There the reference is to meat that descended from heaven, which was created by a miracle and was not the meat of animals at all.

MISHNA: [On Shabbat] One may overturn a basket in front of the chicks so that they can climb on and climb off of it. Likewise, with regard to a hen that fled that one seeks to retrieve, one may push it even with his hands until it reenters the house. One may help calves and foals to walk, and likewise a woman may help her son to walk. Rabbi Yehuda said: When is it permitted? When her son picks one foot up and puts one foot down by himself. However, if her son were dragging both his feet, it would be prohibited because it would be like carrying him in the public domain.

GEMARA: Rav Yehuda said that Rav said: With regard to an animal that fell into an aqueduct, one brings cushions and blankets, and throws them into the water ditch, and places them beneath the animal in the aqueduct. And if the animal thereby emerges, it emerges. The Gemara raises an objection from a Tosefta: With regard to an animal that fell into an aqueduct on Shabbat, one provides it with sustenance in its place so that it will not die. This implies that providing it with sustenance, yes, that is permitted, providing it with cushions and blankets, no, that it is prohibited. The Gemara answers: This is not difficult, as there is room to distinguish between the cases. This, the Tosefta in which it was taught that one provides the animal with sustenance, is referring to a case where it is possible to provide it with sustenance. That, the mishna in which Rav said that one brings cushions and blankets, is referring to a case where it is impossible to provide it with sustenance. Where it is possible to provide it with sustenance, yes, he does so. And if it is not possible to provide it with sustenance, he brings cushions and blankets and places them beneath the animal. The Gemara asks: Does he not, by placing the cushions and blankets, negate a vessel’s preparedness? The cushions and blankets are no longer fit for their designated use on Shabbat, and this negation of their designated use is similar to the prohibited labor of dismantling. The Gemara answers: Rav holds that negating a vessel’s preparedness is prohibited by rabbinic law. Causing a living creature to suffer is a Torah prohibition. And a matter prohibited by Torah law comes and overrides a matter prohibited by rabbinic law.

The Gemara stated that Rabbi Yehuda HaNasi’s suffering came upon him due to an incident. What was that incident that led to his suffering? The Gemara answers that there was a certain calf that was being led to slaughter. The calf went and hung its head on the corner of Rabbi Yehuda HaNasi’s garment and was weeping. Rabbi Yehuda HaNasi said to it: Go, as you were created for this purpose. It was said in Heaven: Since he was not compassionate toward the calf, let afflictions come upon him. The Gemara explains the statement: And left him due to another incident. One day, the maidservant of Rabbi Yehuda HaNasi was sweeping his house. There were young weasels [karkushta] lying about, and she was in the process of sweeping them out. Rabbi Yehuda HaNasi said to her: Let them be, as it is written: “The Lord is good to all; and His mercies are over all His works” (Psalms 145:9). They said in Heaven: Since he was compassionate, we shall be compassionate on him, and he was relieved of his suffering.

But isn’t it taught in a baraita that we detach the hooves of livestock upon the death of kings, and this is not subject to the prohibition of the ways of the Amorites?

Gemara asks: But isn’t there a requirement to prevent suffering to animals? Abaye said: Although there is an enjoinder against causing suffering to a living creature, it is permitted when necessary, as the Merciful One states to Joshua: “You shall destroy their horses” (Joshua 11:6).

It was taught in the mishna: The shofarot that were used on public fast days were made from the curved horns of rams, and their mouths were plated with silver. The Gemara asks: What is different there that the shofar of Rosh HaShana is plated with gold, and what is different here that the shofarot of fast days are plated with silver? The Gemara answers: If you wish, you can say: Any shofar made for the purpose of gathering people together is made of silver, as it is written: “Make for yourself two trumpets of silver...” (Numbers 10:2). And if you wish, you can say: The Torah spared the money of the Jewish people and therefore allows these shofarot to be made of silver, which is less costly than gold.