Daf Chof Daled Amud Beis: Tos/ D"H אתא
① Tosfos brings from our Gemara, which said, that when a vulture took meat and threw it amongst the palm trees of Barmerion.
② and Barmerion came to inquire regarding the halachic status of the meat.
③ The ruling was given that the meat is permitted.
④ On this the Gemara asked:
How can the ruling be that the meat is permitted?
⑤ but Rav ruled that meat hidden from Jewish supervision is prohibited.
⑥ and the Gemara concludes that the case was talking about where the finder saw the meat from when the vulture took it
⑦ until it threw it.
⑧ Tosfos begins by saying that the text of the Gemara should read:
he (Bar Merion) came before Rav.
⑨ as opposed to our text, which reads:
he (Bar Merion) came before Abaye.
⑩ Tosfos brings support to his version that the incident took place with Rav and not Abaye.
⑪ From the fact that a similar incident is related in the Yerushalmi
⑫ And there the text reads that it was Rav
⑬ and not Abaye.
⑭ If the text would read Rav
⑮ Then it would come out that the Gemara when it asked on the ruling that was given,
⑯ that the meat dropped by the vulture was permitted,
⑰ that the meat should be forbidden because Rav ruled:
meat hidden from Jewish supervision is forbidden,
⑱ it turns out that the Gemara was asking a contradiction between: two rulings of Rav himself:
Ⓐ that the meat dropped by the vulture is permitted,
Ⓑ and that meat hidden from the eye is forbidden.
19 Tosfos goes on to explain that even if our text reads that Barmerion came before Abaye,
20 and it was he that permitted Barmerion to eat the meat.
21 that even if the text reads Abaye,
22 and that Rav,
23 it is still good.
24 Tosfos points out that to say that the text reads Abaye
25 would seem to be difficult.
26 because if the text reads Abaye,
㉗ it comes out that the Gemara was asking a question on the ruling of Abaye
28 That it is permitted to keep the meat
29 From a ruling of Rav
30 That meat hidden from the eye is forbidden.
31 And this seems to be difficult.
32 Since the ruling is not like Rav.
33 So why would the Gemara ask on Abaye from a ruling of Rav?
34 When we do not hold like Rav.
35 The proof that the ruling regarding meat that was hidden from the eye does not go like Rav, who forbids it,
36 is based on the language of a Gemara, that says:
37 regarding meat that was hidden from the eye,
38 if it is forbidden like Rav, how is it ever possible for Rav to eat meat?
39 the language seems to indicate that this is a problem only according to Rav.
40 Since he holds that meat hidden from the eye is forbidden.
㊶ But according to us that we do not hold like Rav,
㊷ And we hold that meat hidden from the eye is permitted.
㊸ There is not a problem.
㊹ So we see that we do not hold like Rav.
㊺ Tosfos goes on to say:
Nevertheless, we can still go with the text that the story with the vulture happened with Abaye.
㊻ The reason is:
Rav rules that we are always concerned for meat that is hidden from the eye.
㊼ Even in a situation in which we have no real grounds to say that a piece of unsupervised kosher meat was exchanged for a piece of non-kosher meat.
48 Still, Rav is concerned
49 That maybe a vulture was carrying a piece of non-kosher meat
50 and draft it.
51 and took away the unsupervised kosher meat instead.
52 Even if we are not concerned to the degree of Rav.
53 However, if we actually saw the vulture drop the meat.
54 Even if the place where the meat was dropped was a place of Jewish slaughterers.
55 We should be concerned that the vulture brought the meat from a place that is non-Jews who do the slaughtering in that place.
(56) On that, the Gemara answers:
Barmerion watched the vulture from the taking of the meat until it dropped it.
57 Therefore, there is no problem of meat hidden from the eye.
58 Therefore, the text of our Gemara could read that the story took place with either:
Ⓐ Rav.
Ⓑ Abaye.
(59) Tosfos concludes by saying that the final answer of the Gemara
(60) That the meat was seen from the time it was taken until it was dropped.
(61) That answer must be refined
(62) Depending on whether the text was:
Ⓐ Abaye.
Ⓑ or Rav.
63 No matter what the text, the answer seems to satisfy both:
Ⓐ Rav.
Ⓑ or Abaye.
Ⓑ Rav.
(64) however:
Ⅰ According to Abaye:
Ⓐ We can say that Barmerion saw the meat taken from anywhere in the city.
Ⓑ Since the city is mostly Jewish slaughterers.
Ⓒ We can assume the meat taken is kosher meat.
Ⓓ And that is the meat that was thrown down by the vulture in the property of Barmerion.
Ⅱ According to Rav:
Ⓐ He is more particular about meat hidden from the eye.
Ⓑ Therefore:
In order for the answer of:
He stood and he saw.
In order for that to work according to Rav:
Ⓒ We cannot say that Barmerion saw the vulture take the meat from anywhere in the city.
Ⓓ Even if the city is mostly Jewish slaughterers.
Ⓔ Because Rav is concerned that maybe the vulture switched the meat.
Ⓕ We must explain that the answer of:
He is standing and he sees it.
Ⓖ He's speaking about where Barmerion saw the meat being taken because it was slaughtered and cut.
Ⓗ therefore. Then according to Rav, there would be no problem of meat that is hidden from the eye.