The best way to perform your job is to be sober – unless you are Ulysses S. Grant. Grant, who left the U.S. military in 1854 due to a drinking problem, returned to the military during the Civil War and led the North to victory. Historians debate the exact level of his drunkenness but apparently, he was able to limit his drinking at pivotal points during the war.
What about a shochet? What if a shochet has a drinking problem – can he perform his job while intoxicated? Would it help if someone supervised him?
To answer this, we’ll need to first look at another set of people who lack da’as – a deaf-mute, imbecile and minor.
Who Can be a Shochet?
The Torah commands us to slaughter animals prior to eating their meat.
The Mishnah in Chullin (2a) says that anyone can slaughter an animal except a deaf-mute, imbecile and minor, who can’t slaughter because they “may ruin the shechita.” However, if they slaughter when someone is supervising them, the shechita is valid.
Rashi’s Caveat – You Need to Know How
Rashi in Sukkah (42b) notes that Mishnah can’t be taken immediately at face value, as there are two elements to shechita: The first is the physical skill and dexterity to be able to slaughter. The second is the halachic knowledge of how to slaughter (eg. not to pause during the shechita or press down quickly).
The Mishnah specifically discusses a deaf-mute, imbecile and minor who has the physical skill and dexterity to slaughter but lacks the da’as to know the halachos ofshechita. In that case, they should not slaughter lechatchila. However, if they did slaughter and the shechita was supervised, it would be acceptable after-the-fact.
If the shochet did not have the dexterity to slaughter at all, supervision wouldn’t help and the shechita would be invalid.
The Ran’s Opinon – Supervision Always Helps
The Ran disagrees.
The Ran holds that if a deaf-mute, imbecile and minor has the dexterity to slaughter, they may slaughter even lechatchila. If they do not have the dexterity to slaughter, they should not slaughter lechatchila but if they did slaughter and were supervised, the shechita is acceptable after-the-fact.
Most Rishonim side with Rashi and invalidate a shechita when performed by a deaf-mute, imbecile and minor without the dexterity to slaughter, even when supervised.
What About the Drunk?
The Rambam (Shechita 4:5) codifies this Mishnah and adds that a drunk also can’t slaughter for the same reason – he may ruin the shechita.
The Kesef Mishna notes that the Rambam holds like Rashi. Therefore, the Rambam discussed a case where the shochet still had control over his limbs and had the dexterity to slaughter. If the shochet is so drunk that he doesn’t have the dexterity to slaughter, the shechita would be invalidated even with supervision – he would be no better than the minor who didn’t have the dexterity to slaughter.
Shulchan Aruch and Halacha L’Maaseh
The Shulchan Aruch (Yoreh Deah 1:8) rules that a drunk who reaches the inebriation level of Lot is treated like a shotah – an imbecile. He shouldn’t slaughter, even with supervision. However, if he doesn’t reach Lot’s level, he can shecht – even lechatchila.
The Rambam (Mechira 29:18) defines the “inebriation level of Lot” as someone who doesn’t know what he is doing.
The Rema disagrees, as even without reaching Lot’s inebriation level, the shochet may press down and slaughter the animal too quickly (derisah), which invalidates the shechita.
The Taz notes that even though a drunk who does not reach Lot’s inebriation level is generally treated like an ordinary person, shechita requires a level of dexterity which a drunk may not have.
Why is it Bad? Definitely or Out of Doubt?
Sometimes we don’t eat something because it’s definitely prohibited.
However, at times, we don’t eat something simply because it might be prohibited. As an example, we must take ma’aser from the produce of an am ha’aretz out of doubt – perhaps the am ha’aretz didn’t take ma’aser from his produce properly.
What’s the status of an animal slaughtered by an unsupervised deaf-mute, imbecile, minor or drunk? Is the shechita definitely invalid or is it treated as invalid out of doubt?
Based on the simple language of the Mishna that they “may ruin the shechita”, it seems like it’s only invalidated out of doubt.
However, the Mishna later in Chullin seems to indicate otherwise. The Mishnah (86a) quotes R’ Meir’s opinion that if a deaf-mute, imbecile and minor slaughtered with supervision, there’s both an obligation of kissui hadam (to cover the blood of a slaughtered animal) and a prohibition against slaughtering that animal’s child on the same day due to oso v’es beno (the prohibition against slaughtering a mother and child on the same day).
However, if the deaf-mute, imbecile and minor were unsupervised, the commandments of kissui hadam and oso v’es beno don’t apply, as most actions of a deaf-mute, imbecile and minor are assumed to be invalid.
The Rabanan disagree and prohibit slaughtering the animal’s child, as maybe the shechita was done properly.
The Rambam (as explained by the Kessef Mishnah 12:5) rules like R’ Meir that there’s no obligation of kissui hadam and no prohibition of oso v’es beno. This indicates that the shechita is definitely bad – not just invalidated out of doubt.
FROM THE DAF 