Chullin 139 - September 16, 5 Tishrei

Ravina derives from "shaleach teshalach" that a kosher bird that killed a human, before it is convicted, it is exempt from shiluach haken because one is commanded to bring it to court rather than send it away. The Mishna ruled that consecrated birds are exempt from the mitzva of shiluach haken. The Gemara attempts to find a case of sanctified birds that would require an exemption. After four failed attempts, Rav and Shmuel each bring a possible explanation. Rav explains that it refers to one who consecrated the offspring of his dovecote for a sacrifice, which subsequently escaped, retains its sanctity and it is exempt from the mitzva of shiluach haken. Shmuel explains that it refers to one who consecrated a domestic hen to Temple maintenance (bedek habayit) which then escaped, which retains its sanctity as wherever it is, it belongs to God, based on the principle "l'Hashem haaretz u'mlo'ah." Rabbi Yochanan agrees with Shmuel and Reish Lakish with Rav. However, Rabbi Yochanan and Reish Lakish disagree in a different case and their positions are reversed. The Gemara works to resolve the contradictions. Analyzing the verse in the Torah, Devarim 22:6, the braita shows the derivation of the different laws listed in the Mishna while adding others, and the Gemara analyzes and somewhat edits the braita. The braita derived from the word "tzipor," that the law applies only to kosher birds. The Gemara explains that this word always refers to kosher birds, while the word "עוף" includes not kosher birds as well. Several verses are brought to challenge this theory, but are resolved.