Chullin Daf 75 צולין דַף 75

A Baraisa taught that a בן פקועה which walked through a stream is thereby הוכשר – prepared to contract tumah, and becomes tamei from walking through a cemetery. Rebbe Yochanan says this Baraisa follows Rebbe Yose HaGlili, who says: מטמא טומאת אוכלים – [a בן פקועה] contracts tumah of foods (i.e., from touching something tamei, like any food), וצריך הכשר – and requires preparation for tumah (i.e., to be moistened with liquid). The Chochomim disagree, and say it cannot contract tumah, מפני שהוא חי – because it is alive, וכל שהוא חי אינו מטמא טומאת אוכלין – and anything which is alive cannot contract tumah. Rebbe Yochanan says that Beis Shammai agrees with Rebbe Yose HaGlili, as a Mishnah states: דגים מאימתי מקבלין טומאה – from when can fish contract tumah? Beis Shammai says: משיצודו – from when they are caught. Although they are still alive, since they can be eaten without shechitah, they are considered “food” once they are caught, as if they are dead. Beis Hillel says: משימותו – from when they actually die. Rebbe Akiva says from when they can no longer survive, i.e., a fish thrashing out of water which will inevitably die.

Rebbe Ami says that if one shechts a tereifah, and finds a nine-month live fetus inside, לדברי האוסר מתיר – according to [Rebbe Meir], who prohibits a בן פקועה found inside a healthy shechted animal, and holds its requires its own shechitah, he permits this fetus which was found in a shechted tereifah when the offspring itself is shechted. לדברי המתיר אוסר – According to [the Rabbonon], who permit a בן פקועה on the basis of its healthy mother’s shechitah, they prohibit this fetus found inside a shechted tereifah, even after it is itself shechted. Since it is considered already “shechted” through its mother’s shechitah (which did not permit it in consumption, since she was a tereifah), it can no longer be shechted itself. Rava says even this opinion would permit this fetus, because ד' סימנין אכשר ביה רחמנא – Hashem validated four סימנים for this [fetus], i.e., either its mother’s shechitah or its own. Rav Chisda also said that it requires shechitah (and its shechitah would permit its consumption), and added that if it died on its own, it is not metamei through משא – being carried, i.e., it is a טריפה (through the mother’s shechitah), not a נבילה.

Rebbe Shimon Shezuri said in the Mishnah that even a בן פקועה which is several years old may be eaten without shechitah. This seems identical to the Tanna Kamma, who permits the fetus through the mother’s shechitah, and Rav Kahana explains that they argue where הפריס על גבי קרקע – [the animal] placed its hooves on the ground. The Tanna Kamma holds that it is prohibited Rabbinically to eat it without shechitah, lest someone come to eat an ordinary animal without shechitah. Abaye says that all would permit a בן פקועה which was born קלוט – with joined hooves, because כל מלתא דתמיהא מידכר דכירי לה אינשי – anything astounding is remembered by people. [In another version, he only permitted where the mother’s hooves were also joined, because this double phenomenon will be remembered.] Rebbe Chanina said the halachah follows Rebbe Shimon Shezuri, and that he would also permit בבנו ובן בנו עד סוף כל הדורות – [the בן פקועה’s] offspring, and its offspring’s offspring, until the end of generations. Rebbe Yochanan says he would only permit the בן פקועה itself, not its offspring. Rav Ashi says the halachah does not follow Rebbe Shimon Shezuri.