Translation:Talmud/Seder Kodashim/Tractate Chullin/2a

Mishnah

ALL MAY SLAUGHTER,1 AND THEIR SLAUGHTERING IS VALID, EXCEPT A DEAF — MUTE, AN IMBECILE OR A MINOR, LEST THEY INVALIDATE THEIR SLAUGHTERING; AND IF ANY OF THESE SLAUGHTERED WHILE OTHERS WERE STANDING OVER THEM, THEIR SLAUGHTERING IS VALID. STANDING OVER THEM, THEIR SLAUGHTERING IS VALID.

Gemarah

The expression ALL MAY SLAUGHTER [implies a right] in the first instance, yet the expression AND THEIR SLAUGHTERING IS VALID [implies merely a sanction] after the act!2 — R. Aha the son of Raba said to R. Ashi: Is it correct that the expression ‘ALL MAY . . .’ [implies a right] in the first instance? If so, [consider the Mishnah]: ‘All may change.3 whether man or woman’; is that also a right in the first instance? Is it not written: He shall not alter it, nor change it, a good for a bad, or a bad for a good?4 — No,5 for there the Mishnah goes on to explain: ‘Not that a person is allowed to change, but only that, if he has changed, the change is effective and he receives forty stripes’. Then, [consider this Mishnah]: ‘All may vow another's valuation and their valuation may be vowed by others, and they may vow another's worth and their worth may be vowed by others’;6 is that also a right in the first instance? Is it not written: And if thou shalt forbear to vow, it shall be no sin in thee?7 And it is further written: Better it is that thou shouldest not vow, than that thou shouldest vow and not pay.8 And it has been taught: Better than both9 is he who does not vow at all; this is the opinion of R. Meir. R. Judah says. Better than both10 is he who vows and pays. Now, even R. Judah refers only to the case of one who says. ‘Behold, let this be a sacrifice’,