Vayishlach 5760 - Rabbi Gedalia Hochberg

The Mishna (Chullin 13) rules that in order to render an animal as kosher to eat, it must be slaughtered - shechita - by a Jew. A shechita of a gentile is not valid. A shechita performed by a Kuti - a group of gentiles who converted to Judaism in order to save themselves from being attacked by lions (See Melachim II Perek 17) is dependent on the validity of the Kuti conversion. Some opinions in the Gemara recognize their conversion valid, while others consider them to be gentiles. Only if they are considered true converts -gerei emet - can they perform a shechita.

Nonetheless, the Gemara relates (Chullin 6a) that even those who maintain Kutim to be gerei emet agree that later in history, their shechita was invalidated: "They found a form of a dove amongst the Kutim on the top of Mount Gerizim that they were serving as an idol". Since they began to serve avoda zara their shechita became invalid, just as the shechita of any Jew who practices avoda zara. Tosfot (ibid.) quotes from a midrash that the idol of the Kutim was from the avoda zara of Shechem which Yaakov had hidden.

Why is the shechita of a Jew who serves idols invalid? After all, even one who serves avoda zara remains a Jew bound by all the mitzvot of the Torah? In order to understand this issue, we must first explain why the shechita of a gentile is not acceptable. Where does the Torah demand that shechita be executed specifically by a Jew?

Tosfot (Chullin 3b) and the Rosh explain that the term v'zavachta (D'varim 27) implies that we need a bar zevicha for shechita. A bar zavicha is one who has a part in the mitzva of shechita. A gentile, who is not commanded to do shechita (he may eat any dead animal) is surely not a bar zevicha. As such, his act of slaughteringh has no halachic validity.

Rambam (Hilchot Shechita, Chapter 4) supplies a different source, in this context. The Torah (Shmot 34:15) warns: "Perhaps you will draw a treaty with the inhabitants of the land and they will stray after their gods and they will sacrifice to their gods and he will call to you and you will eat from his slaughtering." This verse is quite clear that we may not eat the meat of an animal slaughtered by a gentile.

There is a basic difference between the source of Tosfot and that of the Rambam. The source of Tosfot applies equally to all gentiles; Rambam's source, though, refers only to a gentile who is an idolator. The shechita of a gentile per se who is not an idolator is acceptable by Torah standards. In fact, Rambam (ibid.) seems to acknowledge this issue and invalidates the shechita of such a gentile only under Rabbinic decree. (This approach in the Rambam's view is the majority understanding. The Shach (Yoreh Deah 2), however, claims otherwise even according to the Rambam.)

Returning to our issue of a Jew who is an idolator. According to Tosfot we can well understand why his shechita is invalid. After all, the Gemara (Chullin 5a) rules that one who is an idolator is considered to be a person who violates willfully the entire Torah (mumar l'chol haTorah kula). As such, even the mitzvot he does actually adhere to are worthless, in light of his pagan activities. One who violates willfully the entire Torah cannot be labeled as a bar zevicha. Although he is commanded and obligated by themitzvah of shechita, nonetheless, one who is considered to be a violator of all mitzvot cannot be described as an individual who believes in the mitzva of shechita. Just as a gentile is excluded from the category of bar zevicha since he is not obligated by the mitzva of shechita, so too one who violates willfully the entire Torah is not abar zevicha due to his lack of belief in the mitzva of shechita.

Yet, according to the Rambam even being one who violates the entire Torah does not invalidate one's shechita by Torah standards. After all, the verse Rambam quotes speaks only of gentiles. Even one who violates the entire Torah is surely not a gentile? Once again, we must assume that the invalidity of the shechita of a Jew who is an idolator is only due to Rabbinic decree according to the Rambam. The same applies to the shechita of a Kuti (assuming they are gerei emet).

In certain instances, the shechita of one under bar mitzva is valid (See Mishnah Chullin 2a). The Rambam surely has no difficulty with this leniency. His source speaks only of a gentile, not a Jewish child. Yet, Tosfot's source bar zevicha would seem to be a bit problematic in this context.