Hullin, Chapter Five, Mishnah One

 

Introduction

Leviticus 22:28 states, “When it comes to an ox or a sheep, it and its young you shall not slaughter on the same day.” Our chapter discusses this prohibition.

 

Mishnah One

1)      [The law of] “It and its young” applies both within the land of Israel and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated animals.

2)      How so?

3)      If a person slaughtered an animal and its young, both animals being unconsecrated, [and they slaughtered them] outside [the sanctuary], they are both valid, but [he who slaughtered] the second incurs forty lashes.  

4)      If both animals were consecrated [and they were slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet, both animals are invalid, and each incurs forty lashes.   

5)      If both animals were unconsecrated [and they were slaughtered] inside [the sanctuary], both animals are invalid, and [he who slaughtered] the second incurs forty lashes.   

6)      If both animals were consecrated [and they were slaughtered] inside [the sanctuary], the first is valid and [he who slaughtered it is] not culpable, but [he who slaughtered] the second incurs forty lashes, and it is invalid.

 

Explanation

Section one: The prohibition of slaughtering an animal and its young on the same day applies in all times and all places and to both consecrated (dedicated to the Temple) and non-consecrated (hullin) animals.

Section two: The mishnah now explains various scenarios in which a person slaughters an animal and its young, and the various liabilities that can be occurred, depending on whether the animals were consecrated and where they were slaughtered.

Section three: In this case, both animals are hullin (unconsecrated) and both are slaughtered outside of the Temple, where they should be slaughtered. Both animals are valid and can be eaten. The fact that the second one should not have been slaughtered does not render its slaughtering to be invalid. The second person, the one who slaughters the second animal (whether or not this is the parent or offspring), is liable for the forty lashes for having transgressed a biblical commandment. The first person is not liable because when he slaughtered the animal, he did nothing wrong.

Section four: In this case both animals are consecrated and should have been slaughtered only in the Temple. The person who slaughters the first animal is liable for karet for having slaughtered a consecrated animal outside the Temple. The person who slaughters the second animal is not liable for karet because that animal could not have been offered as a sacrifice on that day since its parent/child had already been slaughtered. Since it could not have been a sacrifice, the one who slaughters it outside the Temple is exempt from karet.

Both animals are invalid as sacrifices because they were slaughtered outside the Temple (see Zevahim 14:2). Both slaughterers are liable for lashes but for different reasons. The first is liable for having slaughtered a consecrated animal outside of the Temple and the second for slaughtering an animal on the same day that its parent/young was slaughtered.

Section five: In this case both animals were unconsecrated, and yet both were slaughtered inside the Temple. This makes them invalid and it is forbidden to derive benefit from either animal (see Kiddushin 2:9). There is no biblical punishment for slaughtering an unconsecrated animal inside the Temple, therefore the first slaughterer is not punished. The second slaughterer is liable for having slaughtered an animal on the same day that its parent/young was slaughtered.

Section six: In this case both were consecrated and both were slaughtered inside the Temple, as is required. The first animal is valid as a sacrifice and the one who slaughters it is exempt, for he has done nothing wrong. The second animal is invalid and the one who slaughters it is liable for having slaughtered an animal on the same day that its parent/young was slaughtered

 

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