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Rabbi Yehudah Deri's Shiurim on Yorah Deah

 

Shiur 3 - "Liver"

Translated and transcribed by:
Rabbi Yacov Yitzchak Abrahams

Gemora: Chulin 110

  • Abaya asked Rav Safra to find out the law (din) of liver when he went up to Eretz Yisroel.
  • Rav Safra asked Rav Zrika who said that he boiled it and gave it to Rav Ami who ate it.
  • When he returned to Abaya, Abaya said that his question was not whether the liver itself was forbidden. Rather it was  whether it caused the meat that was cooked with it to be forbidden.
    • As for the liver itself, it is clearly permitted. For as long as it is expelling blood it does not absorb the blood which it expelled and due to the large amount of blood in the liver, it does not stop expelling its blood.
  • Rav Safra said to Abaya: "What is your source for knowing that the liver itself is permitted? It is the Mishnah in Trumot that says liver is not forbidden. Then you should not have a question about the meat cooked with it since the same Mishnah says that the liver forbids (ossers) and is not forbidden (osser) itself (i.e. it makes other things forbidden and it is not forbidden itself) because it expels and does not absorb."
  • Abaya answered, "Perhaps the Mishnah in Trumot is talking about a treife liver and ossers because of its fat. I, however, asked about the blood.

·        
[Explanation: The Mishnah in Trumot, according to the simple meaning, teaches that liver cooked with other meat expels blood which ossers the other meat but does not re-absorb its own blood and osser itself. This is based on the principle, col sh’tored liflot aino bolea (that which is occupied in expelling does not absorb). Therefore, since the liver is busy expelling blood, it is not able to re-absorb at the same time. This din is particularly relevant to liver which is referred to as "colo dom" (all blood) and "mole dom" (full of blood) and therefore the expulsion process takes longer than regular meat. Rav Safra therefore assumed that Abaya, who knew this rule and consequently knew that the liver itself was permitted (muttar), would also know the second part of the Mishna i.e. that liver would osser anything else with which it was cooked, because of the blood that it expels.

Abaya answered that it is possible to explain the second case of the Mishah differently. In that case the liver ossers the other meat because it is treife liver and therefore expels the fat of the treife which is absorbed by the other meat. However, regular kosher liver will not osser other meat.]

  • Rav Safra went back to Eretz Yisroel. He saw Rav Zrike who said that the question of whether the liver ossers the other meat, is also not a problem. For there was a case where they served us liver cooked while it was still connected to its wind-pipe and its other organs, and we ate it. In other words, the liver did not osser the other meat.
  • Rav Ashi objects: Perhaps the windpipe was outside the pot. In other words, the blood from the liver flowed straight out through the windpipe and did not come into contact with the other organs. Alternatively, the dish was cooked after "chalita" (inserting the organ into boiling water or vinegar). [Chalita acts by locking the blood inside the meat so that it will not move from its place during cooking. Since blood is forbidden only if it has moved within the meat (porush), Chalita prevents this from happening and therefore the meat is mutter even with the blood inside. Chalita i s so effective that it would even work on liver. This is one of the three possible ways of removing blood. The others being salting or roasting.  Although from the time of the Gaonim we are not able to rely on chalita on its own, since we do not know how to do it properly.]

Shitot of the Rishonim:

There are two ways of understanding this sugia and the din of liver.

1. Tosfos holds that the din of liver is more "chumre" (strict) than other meat. With other meat we are sure that salting with the proper amount of salt and for the proper time period will remove all the blood. With liver, however, we are in doubt if salting will be effective since liver is "all blood", or has "so much blood". Thus, in the sugia, Abaya's question about meat cooked with liver dealt with liver which was already salted .His problem being, since liver is "all blood" or "full of blood" perhaps salting will not remove all the blood.

According to Tosfos, it is clear that the meat is certainly osser when cooked with unsalted liver. However, the liver when cooked alone, does not create a problem. For even though the blood expelled during cooking is osser, even when the  liver was salted, this blood is not re-absorbed into the liver because of the principle - aidi d’tored liflot, aino bolea (since it is busy expelling blood, it does not re-absorb). The problem concerns the other meat. If salting does not remove all the blood then the other meat will absorb the blood that is left in the liver during the cooking process.

2. Rabbeinu Tam holds that the din of liver is lenient (kula). In his view the blood of liver, even when expelled, is not like other blood and is permitted by the Torah. Abaya's question was whether the liver will osser the other meat, even without the liver having been salted. Liver cooked on its own is clearly permitted because there is no issur. The question is when it is cooked with other meat, and is whether in that case the Rabbanim make a "gezara" (Rabbinical decree) because of "mares ayin" (false assumptions). Do they say one must not cook unsalted liver with other meat in case someone would come to cook unsalted regular meat with other meat.

Kashot (Difficulties)

1. The Ktav Sofer's difficulty with Rabbeinu Tam: If we make a gezara of mares ayin, what then is the difference between other meat and the liver itself. In other words, if we osser cooking unsalted liver with other meat because someone may come to cook unsalted regular meat with other meat, we should also osser cooking unsalted liver on its own. This, however, we do not do because someone may come to cook unsalted regular meat on its own. The Ktav Sofer answers by making a distinction between "shinui teva" (a physical difference) and "shinui din" (a legal difference). The explanation of this distinction is based on the assertion that people know that liver, which is "all blood" or "full of blood", is physically different than meat. Therefore they would believe that the reason why it is permitted to cook unsalted liver is because the liver expels and does not re-absorb, even if they did not know that the blood of liver was mutar. But if we allowed other meat to be cooked with the unsalted liver, not everyone would know that it was because of the din that the blood of liver is mutar and therefore might come to think that it was permitted to cook regular unsalted meat with other meat.

The Ktav Sofer brings a proof to his svora from the Mishna in Trumas. According to Rabbeinu Tam, Abaya holds that the blood of liver is muttar. In that case, how would Abaya know to make a distinction between liver itself and other meat cooked with it. Why should the liver be mutar and the meat cooked with it be osser from the Rabbonon, according to the simple understanding of the Mishah. In other words why do we make a gazerah in one case and not the other, it must be because one is a change in nature and the other a change in the din.

2. Kashe on Tosefos. If we hold that salting does not remove all the blood from liver, why is cooked liver permitted at all? Further, we learn from the Gemora that Rav Nachman told his wife Yalta that the Torah which forbade blood, permitted liver. Tosefos explain that the Gemora is only talking about blood that is koresh (hardened) i.e. the substance of the liver itself, but blood that is poresh (which comes out of the liver) is forbidden. Cooked liver is permitted because of the the rule "aidi d'tored .." the liver will not absorb its own blood.

Chakira :

  • According to the Oruch HaShulchan there are two reasons why the blood of liver is permitted. These reasons are the basis of the mahlocus (argument) between Rabbeinu Tam and the Tosefos.

1. The first is the Torah's definition (gezaras hacosuv) of forbidden blood. The Torah forbids blood that "is spilled like water" and "falls on the ground". "Blood that spills like water" means blood that is poresh and is forbidden. However, solidified blood, the liver itself, is not forbidden. This is the reason brought by the Lavush.

2. The second reason is based on the korbonot (sacrifices). The Torah forbids us to eat certain parts of the korban, including the forbidden fat and the fat on the extension to the liver. The liver itself is permitted. Since the Torah expressly permits us to eat the liver of sacrifices, although it is "all blood", it follows that the liver is in general permitted. It is clear that this explanation (svara) must hold that the blood of the liver is permitted even though the liver was not salted.

  • The difference between these two explanations are: according to the first view the blood that is perush from the liver is osser, because it is within the din of the Torah that forbids blood when it "spills and falls on the ground". According to the second view, blood of the liver is blood that is permitted by the Torah, whether it is solidified in the liver, or whether it comes out.
  • We can say that Rabbeinu Tam holds like the second view, that the blood of liver is in all circumstances permitted from the Torah and Tosefos holds like the first view, that which the Torah permits is the blood which is korush, but when it comes out of the liver it is forbidden like other blood. According to this view, there is no difficulty in explaining the Gemora of Yalta according to Tosefos. For liver is "all blood" and as long as it is korush, then it is permitted. This fits very well with Rashi’s explanation of the Gemora of Yalta where he says that liver is all solidified and has the taste of blood.

Differences between Rabbeinu Tam and Tosfos:

  • According to Tosefos the Torah forbids blood that comes from the liver. According to Rabbeinu Tam, it is osser from the Rabbis because of mores eyin.
  • According to Rabbeinu Tam, where the liver is salted, both the liver and the other meat are even permitted Rabbinically, for there is no place for a gezera. According to Tosefos, since the liver may still expel blood after salting the other meat will be osser, perhaps from the Torah and certainly from the Rabbonon.
  • If there is a sofek (doubt) whether the liver was salted, then according to Rabbeinu Tam we would be lenient (go l’kula) and permit the other meat. According to Tosefos we would be stringent (go l’chumre) and forbid the other meat.
  • In the case of liver and other meat where there is less than sixty of the other meat against the liver, so that the other meat would not cancel out the liver and would not be permitted by the rule of "bitul" (cancellation), the following question arises: Are we allowed to add a sufficient amount of the other meat so that there would be at least sixty against the liver and cancel out the issur? If we hold like Rabbeinu Tam, that the blood that comes from the liver is only Rabbinically forbidden, then there are shitas (opinions) such as the Rambam and the Shulchan Oruch which would allow us to mvutel (nullify) an Rabbinical prohibition in such circumstances, even deliberately (l’chatchila). If we hold like Tosefos, however, that the blood that comes out of the liver is prohibited by the Torah, then even those shitas would not allow us to mvutel the issur l’chatchila.

Shitas Rashi:

There seems a contradiction in Rashi:

At first Rashi states that expelled blood is forbidden. Therefore, only when it is perush is it forbidden, but if it remains in the liver it is permitted. This is shitas Tosefos.

But later in the suggiah (in the statement that begins shmumanit) he explains that the blood of liver is permitted in all cases. This being like Rabbeinu Tam.

The Rosh holds that Rashi learns that the Gemora is talking after salting, and his shita is that of Tosefos.


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