Chullin Daf 37 צולין דַף 37

The next Mishnah states that if one shechts המסוכנת – an animal near death, Rabban Shimon ben Gamliel says it is not permitted עד שתפרכס ביד וברגל – unless it jerks a foreleg and hindleg, demonstrating its vitality. Rebbe Eliezer says דיה אם זינקה – it is sufficient if it spouted blood with force when it was shechted. Rebbe Shimon says that if one shechted a מסוכנת at night, and the next morning found the “walls” of the cut neck full of blood, the shechitah is valid (following Rebbe Eliezer’s opinion). The Chochomim say the animal is not permitted unless it jerked a foreleg or hind leg, or עד שתכשכש בזנבה – unless it wags its tail. This law only applies to a known מסוכנת, but if it was בחזקת בריאה – presumed to be healthy, it is kosher even without any of these movements. The Gemara will eventually define מסוכנת as כל שמעמידין אותה ואינה עומדת – any [animal] that when prompted to stand does not stand. This is true even if it can eat wood, or even beams.

The Gemara seeks sources that מסוכנת is permitted. It suggests that the fact the Torah specifically prohibited טריפה implies that מסוכנת is permitted (for if מסוכנת, דלא מחסרא – which is not missing any vital organ, is prohibited, obviously a טריפה is also prohibited). However, the Gemara argues that perhaps טריפה is the same as מסוכנת (i.e., an animal approaching death, not specifically because of a missing organ). The Gemara counters by quoting another passuk which teaches that the נבילה prohibition and טריפה prohibition each take effect on חלב – forbidden fat, despite its already being prohibited. Now, if a טריפה is identical to a מסוכנת, the Torah would not have to teach that נבילה takes effect on חלב, and we would say that if the טריפה prohibition takes effect on חלב even while the animal is alive (because of its impending death), certainly נבילה takes effect when it actually dies!? Since the Torah needed to specifically teach that נבילה takes effect on חלב, it proves that טריפה is not identical to מסוכנת, but particular to missing an organ (and different from נבילה). Therefore, we revert to our original proof, that the Torah specifically prohibiting טריפה implies that מסוכנת is permitted.

The Gemara brings an additional source permitting מסוכנת, from a passuk in which יחזקאל expresses his lifelong righteousness. Each phrase is analyzed: "הנה נפשי לא מטומאה" – behold, my soul has not become unclean means שלא הרהרתי ביום לבא לידי טומאה בלילה – that I did not have impure thoughts by day which would bring about tumah (of קרי) by night. "ונבלה וטרפה לא אכלתי מנעורי" – I have not eaten neveilah or tereifah from my youth means שלא אכלתי בשר כוס כוס מעולם – that I have never eaten meat of an animal about which people exclaimed, “Shecht, shecht quickly before it dies,” (i.e., a מסוכנת). "ולא בא בפי בשר פגול" – Nor did piggul meat enter my mouth means שלא אכלתי מבהמה שהורה בה חכם – that I did not eat from an animal about which a sage ruled to permit it, since even a doubt was raised about it. Rebbe Nassan explained this means he never ate from an animal before its מתנות – gifts for Kohanim (the זרוע, לחיים, and קיבה) were removed, although it was permitted for him (since he was a Kohen). This proves that a מסוכנת is permitted in consumption, for otherwise Yechezkel’s refraining from it would not demonstrate his greatness.