{"id":11098,"date":"2007-10-11T20:44:01","date_gmt":"2007-10-11T20:44:01","guid":{"rendered":"http:\/\/production.ou.org\/life\/other\/masechet_ketubot_3440\/"},"modified":"2015-10-27T11:06:20","modified_gmt":"2015-10-27T16:06:20","slug":"masechet_ketubot_3440","status":"publish","type":"post","link":"https:\/\/www.ou.org\/life\/torah\/masechet_ketubot_3440\/","title":{"rendered":"Masechet Ketubot 34a-40b"},"content":{"rendered":"

The Coming Week’s Daf Yomi by Rabbi Adin Steinsaltz<\/em><\/p>\n

This essay is based upon the insights and chidushim (original ideas) of Talmudic scholar Rabbi Adin Steinsaltz, as published in the Hebrew version of the Steinsaltz Edition of the Talmud.<\/em><\/p>\n

This month\u2019s Steinsaltz Daf Yomi is sponsored by Dr. and Mrs. Alan Harris, The Lewy Family Foundation, and Marilyn and Edward Kaplan<\/strong><\/em><\/p>\n

Ketubot 34a-b<\/strong><\/span><\/p>\n

In the context of discussing how halacha<\/a><\/em> deals with actions that will lead to a person being responsible on two different levels \u2013 e.g. he will deserve both a death penalty and to pay as a consequence of what he did, our Gemara<\/a> quotes a Mishnah<\/a> from Masechet<\/a><\/em>\u00a0Chullin<\/u><\/i><\/span>\u00a0(14a) which teaches that a person who performs\u00a0shechita<\/u><\/i><\/span>\u00a0(ritual slaughter) of an animal on Shabbat<\/a><\/em> or on Yom Kippur<\/a><\/em> will receive the death penalty; nonetheless his shechita<\/em> will be considered good \u2013 the animal will be deemed kosher<\/a> and can be eaten.<\/p>\n

Although this ruling is presented as a straightforward halacha<\/em>, the rishonim<\/a><\/em> are disturbed by the fact that we ordinarily deem a Shabbat<\/em> transgressor as a meshumad<\/em> \u2013 an apostate \u2013 whose shechita<\/em> should be considered invalid!<\/p>\n

Tosafot<\/a> in Hullin<\/em> argue that not every violation of Shabbat<\/em> will give a person the status of a meshumad<\/em>. In fact, only someone who willfully violates the Sabbath in a public manner would be put into that category. Apparently in our case the shechita<\/em> was done privately. Another suggestion raised by Tosafot is that chillul Shabbat<\/em> would cause us to consider the transgressor a meshumad<\/em> only after the act was done. Thus, the forbidden shechita<\/em> on Shabbat<\/em> would be considered valid, even as it would create a situation where any subsequent shehitah<\/em> done by this individual would not be accepted.<\/p>\n

In his commentary to the Mishnah in Hullin<\/em>, the Rambam<\/a> takes a different approach, arguing that the person in this case performing the shechita<\/em> on Shabbat<\/em> must have done so be-shogeg<\/em> \u2013 by accident, i.e. he was unaware that it was Shabbat<\/em>, or was not knowledgeable in the rules of Shabbat<\/em> to know that shechita<\/em> was forbidden. It is clear that someone who accidentally transgresses the rules of Shabbat is not considered an apostate. Were he to have purposefully done shechita<\/em> on Shabbat<\/em>, however, the meat would not be considered kosher.<\/p>\n

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Ketubot 35a-b<\/strong><\/span><\/p>\n

Our Gemara<\/a> quotes a baraita<\/a><\/em> that was taught in the study hall of Chizkiya<\/em>:<\/p>\n

In the case of an animal that was damaged, the one who caused the damage is always held responsible to make restitution. That is to say, we do not distinguish between:<\/p>\n