Klalei Halacha: Difference between revisions

==Safek Derabbanan Lkula==

# Some say that everyone agrees that safek isur derabbanan lkula is permitted even initially, but only a safek mitzvah derabbanan lkula is to be avoided initially.<Ref>Rav Ovadia citing the Mutzal M'esh 13 based on Menachot 68b, Michtam LDovid 17 s.v. amnam</ref>

==Safek Derabbanan Lkula Bchezkat Isur==

# The Shach<ref>Klalei Safek 110:21, Shach 111:4</ref> holds that when there is a chazaka of an isur we're strict about a safek derabbanan, while the Pri Chadash disagrees. Gilyon Hashas Brachot 12a explains that the Ri holds like the Shach. Rashba Niddah 61b s.v. ha clearly seems to side with the Pri Chadash who is lenient. See further in Yabia Omer YD 8:5 and Taharat Habayit v. 3 p. 11. Sidrei Tahara end of 199 cites Taz in Hilchot Chatzitza who is lenient. Rash Mikavot 2:2 implies that he's lenient. Shaar Hamelech Mikvaot 10:7 writes that the dispute in the Tosfot Pesachim 9a centers around whether you can have a safek derabbanan lkula if there was a chazaka of it being asur. How do we pasken on those answers? (See Gra YD 331:84 who says we’re lenient but Derech Emunah Maaser 3:63 disagrees.) Shach YD 110:21 is strict. Pri Chadash 110:34 and Taz 198:21 are lenient. Sidrei Tahara 199:40 and Taharat Habayit (v. 3, pp. 85-6) discuss this at length. Taz YD 69:24 is lenient and the Shaar Hamelech Mikvaot 10:7 disagrees. Meor Yisrael Pesachim 9a answers locally for the Taz but also that we’re lenient on every safek derabbanan where there’s a chezkat isur. Chida in Machzik Bracha 69:14 agrees with Pri Chadash. Meor Yisrael Pesachim 4a s.v. hamaskir (1) brings a proof for the Pri Chadash from Rosh Pesachim 1:2.

# With respect to tefillah see tosfot brachot 2a and kehilat yakov that avid kmar is unique because of elu velu.

==Safek Safeka - Safek Eched Deoritta Safek Eched Derabbanan==

# The Gemara Pesachim 9a implies that a case where there’s a doubt if it was checked for chametz and additionally there’s a doubt if bitul chametz occurred it must be checked again. That seems to prove that it isn’t a safek safeka and is forbidden. The Rashba answers that chametz might be more serious than other prohibitions. The Tosfot HaRash Pesachim 9a answers that the case was where there was no bitul. They’re both assuming that we would apply safek safeka in such a case.  

# Do we follow that answer of the Rashba or Rash? Locally in Brachot 31a this question which the Rashba was discussing affects a case of food brought into the house unprocessed whether it is exempt from trumah altogether. The Gra YD 331:84 writes that we follow the strict opinion in that discussion and accordingly we’d be lenient to consider it a safek safeka. Rav Chaim Kanievsky in Derech Emunah Maaser 3:63 holds that the Rambam is lenient and if so we’d be strict about the safek safeka.  

# Shach Klalei Safek Safeka YD 110:16 writes that is a safek safeka. A proof for this can be found in Rama YD 122:9 and Shach 122:8.

# Application: Rabbi Akiva Eiger OC 184 says it about if a woman isn't sure if she said birkat hamazon that she doesn't have to repeat it.  

==Chazaka - Tzarich Levarer==

==Rov Efsher Levarer==

# Anytime that we rely upon majority and the actual facts can be investigated one must do so. For example, even though majority of animals are kosher we nonetheless check the lungs of an animal to verify that indeed it is kosher.<ref>Ran (on Rif Pesachim 1b; on Gemara Pesachim 4a) writes that it is evident in the gemara that even if there is a majority of people who do bedikat chametz if someone rents a house and doesn't know whether the owner checked, he should verify with the owner if that is possible. He compares it to the ruling of the Rif Chullin 3b that if someone did a [[shechita]] and we don't know if he's an expert in the laws of shechita, even though a majority are experts we should verify that he knows the laws if that is possible. Maharam Chalavah Pesachim 4b s.v. may and Rabbenu Dovid Bonfid Pesachim 4a s.v. may agree. The Rashba Chullin 3a s.v. amar and 10b s.v. umiyhu accepts the Rif and proves it from the Gemara Chullin, though he does not connect it to the Gemara Pesachim. He gives 3 examples where we rely upon a rov and yet require verification when possible: we check that the shochet is an expert, we check the knife for shechita, and we check the lungs of an animal to make sure it is kosher even though a majority are kosher. He attributes this approach to his teacher, the Ramban, as well. The Ritva Chullin 3b s.v. mishum cites this approach of the Rif, yet the Raah disagreed. Whenever there is a majority there is no need to check or verify further. In Pesachim, Ritva 4b s.v. delayteh addresses the proof of the Ran and answers that in fact it depends on the percentage of the majority. When there is a certain higher threshold no verification is necessary, but below that it is. See Bet Yosef 437 and Magen Avraham 437:4 who accept this Ran and apply it further.</ref>

==Sources==

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[[Category:Rules for Determining Halacha]]