Klalei Halacha: Difference between revisions
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→Safek Safeka Lheter against a Safek Safeka Lisur
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==Safek Safeka Lheter against a Safek Safeka Lisur== | ==Safek Safeka Lheter against a Safek Safeka Lisur== | ||
# If there are three safekot to permit something and only two to forbid it it is still considered a safek safeka and it is permitted.<ref>Rama 96:4 since it might not be cut with a non-kosher knife and the food might not be charif and the knife was eino ben yomo. The knife being eino ben yomo itself is a safek safeka. </ref> | # If there are three safekot to permit something and only two to forbid it it is still considered a safek safeka and it is permitted.<ref>Rama 96:4 since it might not be cut with a non-kosher knife and the food might not be charif and the knife was eino ben yomo. The knife being eino ben yomo itself is a safek safeka. </ref> | ||
==Kavuah== | |||
# Many achronim are lenient on kavuah of a rabbinic prohibition.<ref>Pri Megadim S"D 110:38, Rav Poalim YD 1:28. Pri Megadim Mishmeret Shalom fnt. 152 cites that the Pri Chadash 339:1, Aruch Hashulchan 110:10, and Kahal Yehuda 110:3 are lenient and Yad Yehuda 110:47 is strict. It also references Maharsham CM 46, Bet Yitzchak (Shaar Kavuah 7), Taz 673:6, Aruch Hashulchan 453:9, Rabbi Akiva Eiger 112:1, and Chikrei Lev YD 1:105.</ref> | |||
==Rov of Poskim== | ==Rov of Poskim== | ||
# If poskim didn't argue face to face we don't consider them to be a majority that is effective in conclusively deciding a halacha.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19319&pgnum=190 Get Pashut by Maharam Ben Chaviv at the end Klal 1], Minchat Chinuch 78:2. See Yabia Omer 2:12:3 and other places where rov poskim is certainly used as a factor in pesak though not as a definitive rov.</ref> | # If poskim didn't argue face to face we don't consider them to be a majority that is effective in conclusively deciding a halacha.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19319&pgnum=190 Get Pashut by Maharam Ben Chaviv at the end Klal 1], Minchat Chinuch 78:2. See Yabia Omer 2:12:3 and other places where rov poskim is certainly used as a factor in pesak though not as a definitive rov.</ref> | ||
