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Who Can Be a Shochet: Difference between revisions
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==Those Invalid to Shecht== | ==Those Invalid to Shecht== | ||
Technically, the knowledge of the laws and skill in the act of Shechitah are requisite qualification to shecht under expert supervision/become certified. Nevertheless, for one reason or another, many parties are disqualified from shechting altogether or under ideal circumstances. | Technically, the knowledge of the laws and skill in the act of Shechitah are requisite qualification to shecht under expert supervision/become certified. Nevertheless, for one reason or another, many parties are disqualified from shechting altogether or under ideal circumstances. | ||
=== | ===Physical Disqualifications=== | ||
====Old Age==== | |||
# An elderly person may not shecht if his hands are too heavy for him.<ref>Simla Chadasha 1:36</ref> | # An elderly person may not shecht if his hands are too heavy for him.<ref>Simla Chadasha 1:36</ref> | ||
=== | ====Blindness==== | ||
# A man who is blind in both eyes may not shecht lechatechilah even if he's an expert, because he may do a poor job.<ref>Simla Chadasha 1:35</ref> | # A man who is blind in both eyes may not shecht lechatechilah even if he's an expert, because he may do a poor job.<ref>Simla Chadasha 1:35</ref> | ||
# Bediavad, we can be lenient if the we checked and the simanim were severed properly; at the risk of major financial loss, the blind man may do the checking himself and determines that he severed the majority. This leniency is only available if he is full cognitive and God-fearing.<ref>Simla Chadasha 1:37</ref> | # Bediavad, we can be lenient if the we checked and the simanim were severed properly; at the risk of major financial loss, the blind man may do the checking himself and determines that he severed the majority. This leniency is only available if he is full cognitive and God-fearing.<ref>Simla Chadasha 1:37</ref> | ||
# In pressing circumstances, he can shecht lechatechilah with supervision.<ref>Simla Chadasha 1:35</ref> | # In pressing circumstances, he can shecht lechatechilah with supervision.<ref>Simla Chadasha 1:35</ref> | ||
====Deaf and/or Mute ==== | |||
===Deaf and/or Mute === | |||
# A Cheresh (deaf-mute) or Shoteh may not shecht; Bediavad, if they shechted properly and with expert supervision, the meat would be permitted.<ref>Simla Chadasha 1:28. See 1:28-29 regarding how to define these terms.</ref> | # A Cheresh (deaf-mute) or Shoteh may not shecht; Bediavad, if they shechted properly and with expert supervision, the meat would be permitted.<ref>Simla Chadasha 1:28. See 1:28-29 regarding how to define these terms.</ref> | ||
# Due to his inability to hear his own beracha, a deaf person should not shecht. Bediavad, it's kosher even privately, assuming he is cognitively competent and preferably with our knowledge that he is an expert shochet.<ref>Simla Chadasha 1:32-33</ref> | # Due to his inability to hear his own beracha, a deaf person should not shecht. Bediavad, it's kosher even privately, assuming he is cognitively competent and preferably with our knowledge that he is an expert shochet.<ref>Simla Chadasha 1:32-33</ref> | ||
# Due to his inability to recite the beracha, a mute person may shecht only if someone else recites a Beracha on the shechitah of a different animal and has him in mind, assuming he is cognitively competent and preferably with our knowledge that he is an expert shochet.<ref>Simla Chadasha 1:32-34</ref> | # Due to his inability to recite the beracha, a mute person may shecht only if someone else recites a Beracha on the shechitah of a different animal and has him in mind, assuming he is cognitively competent and preferably with our knowledge that he is an expert shochet.<ref>Simla Chadasha 1:32-34</ref> | ||
===For the Dogs=== | ====For the Dogs==== | ||
# A deaf-mute, shoteh, or child should not shecht on his own even with the skill, knowledge, expert supervision, and with intention of throwing to the dogs. Certainly without supervision, the meat would be prohibited; with supervision, one can be lenient for a skilled and learned child.<ref>Simla Chadasha 1:31</ref> | # A deaf-mute, shoteh, or child should not shecht on his own even with the skill, knowledge, expert supervision, and with intention of throwing to the dogs. Certainly without supervision, the meat would be prohibited; with supervision, one can be lenient for a skilled and learned child.<ref>Simla Chadasha 1:31</ref> | ||
===Intoxication=== | ====Intoxication==== | ||
# One who completely loses all control of his faculties due to inebriation (Shichruto Shel Lot) has the status of a Shoteh.<ref>Simla Chadasha 1:36</ref> | # One who completely loses all control of his faculties due to inebriation (Shichruto Shel Lot) has the status of a Shoteh.<ref>Simla Chadasha 1:36</ref> | ||
# A drunk may not shecht lechatechilah, as his hands are too heavy for him, which could lead to a derasa proble,. In pressing circumstances and under supervision, there's room to be lenient. Even bediavad if he shechted privately it would be ok, as long as it was clear to us that he hadn't reached Shichruto Shel Lot.<ref>Simla Chadasha 1:36</ref> | # A drunk may not shecht lechatechilah, as his hands are too heavy for him, which could lead to a derasa proble,. In pressing circumstances and under supervision, there's room to be lenient. Even bediavad if he shechted privately it would be ok, as long as it was clear to us that he hadn't reached Shichruto Shel Lot.<ref>Simla Chadasha 1:36</ref> | ||
# If this is a regular occurrence, he should be fired until he improves and accepts upon himself bans and self inflictions should he become intoxicated again.<ref>Simla Chadasha 1:36</ref> | # If this is a regular occurrence, he should be fired until he improves and accepts upon himself bans and self inflictions should he become intoxicated again.<ref>Simla Chadasha 1:36</ref> | ||
===Unclothed=== | ====Unclothed==== | ||
# A Beracha my not be recited by one whose genitals are uncovered, nor may it be recited for him by someone else, either. The same is true if there is no separation between his heart and his genitals. Bediavad, the shechita would be kosher, as the Beracha does not inhibit the Mitzvah's performance.<ref>Simla Chadasha 1:38</ref> | # A Beracha my not be recited by one whose genitals are uncovered, nor may it be recited for him by someone else, either. The same is true if there is no separation between his heart and his genitals. Bediavad, the shechita would be kosher, as the Beracha does not inhibit the Mitzvah's performance.<ref>Simla Chadasha 1:38</ref> | ||
# It is also improper to recite a Beracha shirtless.<ref>Simla Chadasha 1:38</ref> | # It is also improper to recite a Beracha shirtless.<ref>Simla Chadasha 1:38</ref> | ||
===Slaves=== | ===Religious Disqualifications=== | ||
====Women==== | |||
# Although women are technically permitted to shecht, the custom is that they do not at all despite their skill, as they are more likely to recoil from the bloody and gory experience and risk making a mistake. Therefore, one may not authorize a woman to be a shochet, but if she shechts under close supervision or on her own and confidently claims she did everything correctly, it would be kosher. If she did it on her own and is not present to vouch for herself, we must assume it is not kosher, as she deviated from common practice (and we therefore will not rely on the Rov). If the local custom is to allow them to shecht, then this does not apply, but she still should not be appointed to be the communal shochet, due to the greater chance of making a mistake at high volumes of kill.<ref>Simla Chadasha 1:13</ref> | |||
====Children==== | |||
# Ideally, children should not shecht at all unless there is a shortage of qualified shochtim. Even so, a child may not shecht without the skill and knowledge of shechitah and expert supervision. If he has the skill and supervision but lacks the knowledge, bediavad the meat is kosher. If he has the skill and knowledge but not the supervision, then the mean is not kosher, as he has is still immature and no credibility. With respect to girls specifically, we follow the same rules as defined by women's permission to shecht.<ref>Simla Chadasha 1:30</ref> | |||
# We are lenient to allow a child who is of some cognitive maturity to take birds to the shochet and bring them back, even though he has no halachic credibility.<ref>Simla Chadasha 1:35</ref> | |||
====Slaves==== | |||
# A well known and upstanding Eved Kenaani who had milah and tevilah for Avdut may serve as a Shochet, but a random one may not.<ref>Simla Chadasha 1:14</ref> | # A well known and upstanding Eved Kenaani who had milah and tevilah for Avdut may serve as a Shochet, but a random one may not.<ref>Simla Chadasha 1:14</ref> | ||
===Mumar (Unobservant Jew)=== | ====Mumar (Unobservant Jew)==== | ||
A ''Mumar'', of which there are two categories, is a Jew who does not observe one or many Mitzvot. A ''Mumar LeTe'avon'' is one who violates Mitzvot for his own personal benefit/pleasure or to save money; a ''Mumar LeHachis" is one who violates halacha spitefully. | A ''Mumar'', of which there are two categories, is a Jew who does not observe one or many Mitzvot. A ''Mumar LeTe'avon'' is one who violates Mitzvot for his own personal benefit/pleasure or to save money; a ''Mumar LeHachis" is one who violates halacha spitefully. | ||
# Technically speaking, under very limited circumstances, a ''Mumar LeTe'avon'' could shecht under very strict supervision, but many argue that even this dispensation is not applicable nowadays. Certainly, laxity in | # Technically speaking, under very limited circumstances, a ''Mumar LeTe'avon'' could shecht under very strict supervision, but many argue that even this dispensation is not applicable nowadays. Certainly, laxity in obsrervance of the laws of kashrut automatically ruins his credibility with respect to providing kosher food.<ref>See Simla Chadasha 2:2-12</ref> | ||
# A ''Mumar LeHachis'' may not shecht under even the tightest supervision; his shechitah is automatically deemed ''nevelah''.<ref>Simla Chadasha 2:13</ref> The same is true for a Mumar who violates the entire Torah ''LeTe'avon''<ref>Simla Chadasha 2:14-15</ref> or even just Avodah Zarah or Shabbat.<ref>Simla Chadasha 2:16</ref> | # A ''Mumar LeHachis'' may not shecht under even the tightest supervision; his shechitah is automatically deemed ''nevelah''.<ref>Simla Chadasha 2:13</ref> The same is true for a Mumar who violates the entire Torah ''LeTe'avon''<ref>Simla Chadasha 2:14-15</ref> or even just Avodah Zarah or Shabbat.<ref>Simla Chadasha 2:16</ref> | ||
# If he is lax in the observance of a mitzvah unrelated to Shechita, then being a Mumar for that mitzvah does not damage his ability to observe Shechitah laws, but tighter supervision would be necessary to permit meat he shechted if he violated the mitzvah lete'avon.<ref>Simla Chadasha 2:13</ref> | # If he is lax in the observance of a mitzvah unrelated to Shechita, then being a Mumar for that mitzvah does not damage his ability to observe Shechitah laws, but tighter supervision would be necessary to permit meat he shechted if he violated the mitzvah lete'avon.<ref>Simla Chadasha 2:13</ref> | ||
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# Deniers of the Oral Torah (such as the Talmudic Tzidukim and Baytusim) are invalid unless a Jew checks his knife and watches over him, as he is a lost Jewish soul, not a Mumar.<ref>Simla Chadasha 2:25</ref> | # Deniers of the Oral Torah (such as the Talmudic Tzidukim and Baytusim) are invalid unless a Jew checks his knife and watches over him, as he is a lost Jewish soul, not a Mumar.<ref>Simla Chadasha 2:25</ref> | ||
# A Jewish informer should not shecht, as he may be a mumar; bediavad, his shechitah may be eaten once in a while.<ref>Simla Chadasha 2:26</ref> | # A Jewish informer should not shecht, as he may be a mumar; bediavad, his shechitah may be eaten once in a while.<ref>Simla Chadasha 2:26</ref> | ||
=== | ====Cheating==== | ||
# A shochet who is caught passing off nevelah as properly shechted on purpose even one time loses his credibility forever going forwards and, according to some, even retroactively backwards, as well. He has to do full teshuvah to regain his credibility.<ref>Simla Chadasha 2:18</ref> | # A shochet who is caught passing off nevelah as properly shechted on purpose even one time loses his credibility forever going forwards and, according to some, even retroactively backwards, as well. He has to do full teshuvah to regain his credibility.<ref>Simla Chadasha 2:18</ref> | ||
# If it was completely unintentional, he still needs to accept upon himself great safeguards to prevent it from recurring, as determined by the rabbinic authorities. This matter is so severe that even if his knife is found to be pagum outside of shechitah hours, some say he should be dismissed temporarily and reprimanded.<ref>Simla Chadasha 2:19</ref> | # If it was completely unintentional, he still needs to accept upon himself great safeguards to prevent it from recurring, as determined by the rabbinic authorities. This matter is so severe that even if his knife is found to be pagum outside of shechitah hours, some say he should be dismissed temporarily and reprimanded.<ref>Simla Chadasha 2:19</ref> | ||
# If his intentions are unclear, a clear profit motive could decide which way to judge him. If he stands to gain financially, then we assume he was doing it intentionally; if not, then we don't. If he repeats his offense, then we assume he is doing so intentionally.<ref>Simla Chadasha 2:20</ref> | # If his intentions are unclear, a clear profit motive could decide which way to judge him. If he stands to gain financially, then we assume he was doing it intentionally; if not, then we don't. If he repeats his offense, then we assume he is doing so intentionally.<ref>Simla Chadasha 2:20</ref> | ||
# He can not be disqualified by the testimony of a single witness, unless the rabbinic authority considers the testimony in line with other contextual details, such as rumors circulating about the shochet's cheating and the witness's overall credibility.<ref>Simla Chadasha 2:21. Once that witness testifies, there is some discussion as to whether or not he is prohibited from eating the meat of that shochet.</ref> | # He can not be disqualified by the testimony of a single witness, unless the rabbinic authority considers the testimony in line with other contextual details, such as rumors circulating about the shochet's cheating and the witness's overall credibility.<ref>Simla Chadasha 2:21. Once that witness testifies, there is some discussion as to whether or not he is prohibited from eating the meat of that shochet.</ref> | ||
====Non-Jews==== | |||
===Non-Jews=== | |||
# The meat of an animal slaughtered by a Non-Jew is Nevelah Min HaTorah and categorically prohibited from consumption under all circumstances.<ref>Simla Chadasha 2:1</ref> | # The meat of an animal slaughtered by a Non-Jew is Nevelah Min HaTorah and categorically prohibited from consumption under all circumstances.<ref>Simla Chadasha 2:1</ref> | ||
# Nevertheless, unless the Non-Jew is a pagan clergyman (a "Min"), one may benefit from the meat or even the hide of his slaughter, unless there would be a major financial loss. If he killed it via different means than shechitah, one can benefit. If they never do regular shechita for food, then that would be an indication of idolatrous intent, though.<ref>Simla Chadasha 2:21</ref> | # Nevertheless, unless the Non-Jew is a pagan clergyman (a "Min"), one may benefit from the meat or even the hide of his slaughter, unless there would be a major financial loss. If he killed it via different means than shechitah, one can benefit. If they never do regular shechita for food, then that would be an indication of idolatrous intent, though.<ref>Simla Chadasha 2:21</ref> | ||
# A Cuthean (''Kuti'') has the same status as a non-Jew.<ref>Simla Chadasha 2:24</ref> | # A Cuthean (''Kuti'') has the same status as a non-Jew.<ref>Simla Chadasha 2:24</ref> | ||
==Exclusive Communal Shechitah== | ==Exclusive Communal Shechitah== | ||
# A community may opt to exclusively use a certain shochet and declare all other shechitah to be prohibited or banned. Depending on the exact formulation of the decree, it's possible that with some legal rereading the act of another shochet slaughtering could be prohibited but the meat would still be permissible, despite the fact that the shochet violated the decree, especially if there would be a great financial loss or he was unaware of the decree.<ref>Simla Chadasha 2:22. See also Nehar Mitzrayim.</ref> | # A community may opt to exclusively use a certain shochet and declare all other shechitah to be prohibited or banned. Depending on the exact formulation of the decree, it's possible that with some legal rereading the act of another shochet slaughtering could be prohibited but the meat would still be permissible, despite the fact that the shochet violated the decree, especially if there would be a great financial loss or he was unaware of the decree.<ref>Simla Chadasha 2:22. See also Nehar Mitzrayim.</ref> | ||
