Chullin 37
לא כרבנן ולא כרבי יוסי ברבי יהודה
It is neither the view of the Rabbis nor that of R'Jose son of R'Judah [of our Mishnah]!<span class="x" onmousemove="('comment',' For according to the Rabbis the slaughtering must be performed entirely within the large ring, and according to R. Jose b. R. Judah at least the greater part of the slaughtering must be in the large ring, whereas R. Nahman permits the slaughtering at the thyroid cartilage which is completely above the large ring.');"><sup>2</sup></span>
אנא לא חילק ידענא ולא בילק ידענא אנא שמעתא ידענא דא"ר חייא בר אבא א"ר יוחנן ואמרי לה א"ר אבא בר זבדא א"ר חנינא ואמרי לה א"ר יעקב בר אידי א"ר יהושע בן לוי
I know no Hillak and no Billak;<span class="x" onmousemove="('comment',' Fictitious names for any person (similar to our 'Tom, Dick and Harry') . V. Sanh. 98b. According to a view in Rashi the interpretation is: I know ekhj of no opinion which insists on severing (= Heb.) the top ring completely (i.e., the view of the Rabbis in the Mishnah) , nor of any opinion ekhc ekj which insists on rending (= Heb.) the greater portion of it (i.e., the view of R. Jose b. R. Judah) etc. . V. Aruch s.v. VI.');"><sup>3</sup></span>
מהו דתימא ר"ח בן אנטיגנוס אדרבנן קאי קא משמע לן
is permitted by R'Jose B'Judah, and that which is regarded as a deflection by R'Jose B'Judah<span class="x" onmousemove="('comment',' I.e., the cutting of half or more of the windpipe above the top ring.');"><sup>5</sup></span>
א"כ העיד עליה מיבעי ליה והלכתא כר' חנינא בן אנטיגנוס דקאי רב נחמן כוותיה
Is not this obvious? - You might have thought that the statement of R'Hanina B'Antigonos refers to that of the Rabbis;<span class="x" onmousemove="('comment',' With the result that even according to R. Hanina b. Antigonos the slaughtering would be invalid if the whole of the windpipe was cut above the top ring.');"><sup>7</sup></span>
מחלוקת בששחט שני שליש והגרים שליש דרבנן סברי
But perhaps it does? - If so, it should read: 'He testified concerning it [that it was permitted]'.<span class="x" onmousemove="('comment',' The fact that R. Hanina b. Antigonos testifies 'that a deflection . . indicates that he refers to deflection in general, for were he to refer to the deflection contemplated by the Rabbis he would have testified in these words: 'concerning it'.');"><sup>8</sup></span>
מידי דהוה אחצי קנה פגום ורבנן
But in the case where the slaughterer first cut a third above the top ring and then the other two thirds in it, all are of the opinion that the slaughtering is invalid; because at the moment when the life escapes<span class="x" onmousemove="('comment',' This occurs as soon as the larger Portion of the windpipe has been cut through; i.e., during the cutting of the middle third.');"><sup>12</sup></span>
א"ל רב יוסף
only where the slaughterer first cut a third above the top ring and then the other two thirds in it-according to R'Jose son of R'Judah it is analogous with the case where half the windpipe was mutilated<span class="x" onmousemove="('comment',' V. infra 28a. In the case of a bird, which, according to law only requires one of the organs to be cut, if half the windpipe was mutilated before the slaughtering by reason of an accident, and a person cut just a fraction more of the windpipe according to ritual, the slaughtering is valid, although when the life escaped the greater part had not been cut in the ritual manner. In our case, therefore, the cutting outside the prescribed area should be regarded as a mutilation of the windpipe, so that when the greater part of the windpipe is cut immediately afterwards the slaughtering should be valid.');"><sup>14</sup></span>
מאן נימא לן דההוא רובא דהתם לאו רבי יוסי ברבי יהודה קתני לה
[before the slaughtering], and according to the Rabbis [it is to be distinguished thus:] in the latter case [the mutilation was] in the prescribed area for slaughtering,<span class="x" onmousemove="('comment',' And as such mutilation is not considered a defect it is as though the animal were not affected, and when the life escapes the greater part of the windpipe is severed within the prescribed area.');"><sup>15</sup></span>
אמר ליה אביי
But where the slaughterer first cut two thirds [in the top ring] and then the last third above it, all are of the opinion that the slaughtering is valid, for we have learnt [in a Mishnah The greater part of an organ is equivalent to [the whole of] it!<span class="x" onmousemove="('comment',' Therefore whatever is done to the windpipe after the greater portion of it has been cut through is of no consequence and cannot affect the already valid slaughtering. V. infra 27a.');"><sup>16</sup></span>
לישנא אחרינא אמרי לה אמר רב הונא אמר רב אסי
Another version of the above reads as follows: R'Huna said in the name of R'Assi: They differ only where the slaughterer first cut a third above [the top ring] and then the other two thirds in it - according to R'Jos son of R'Judah it is analogous with the case where half the windpipe was mutilated [before the slaughtering] and according to the Rabbis [it is to be distinguished thus:] in the latter case [the mutilation was] within the prescribed area for slaughtering, whereas in our case [the cutting of the first third] was outside the prescribed area for slaughtering.
מחלוקת שהגרים שליש ושחט שני שליש דרבי יוסי בר ר' יהודה סבר
But in the case where the slaughterer first cut two thirds [in the top ring] and then the last third above it, all are of the opinion that the slaughtering is valid, for we have learnt: The greater part of an organ is equivalent to [the whole of] it.
התם מקום שחיטה הכא לאו מקום שחיטה
It might indeed be the [individual] opinion of R'Jose son of R'Judah! Said R'Joseph to him: Are you suggesting that wherever it is held that a majority is sufficient it is the individual opinion of R'Jose B'Judah? - He replied I mean that the view that a majority is sufficient in matters concerning shechitah [is the individual view of R'Jose B'R'Judah], for we know that the Rabbis hold a different view.
אבל שחט שני שליש והגרים שליש דברי הכל כשרה דהא תנן
If a slaughterer first cut a third [of the windpipe] outside the prescribed area, another third within it, a the last third outside it,<span class="x" onmousemove="('comment',' Lit., 'he deflected, he slaughtered and deflected'.');"><sup>17</sup></span>