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==Safek Derabbanan Lkula== | ==Safek Derabbanan Lkula== | ||
# There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted after the fact.<ref>Reem on Samag Megillah writes that the principle of Safek Derabbanan is only permitted after the fact. Ran Menachot 65a agrees. Rav Ovadia in Chazon Ovadia v. 1 p. 201 supports this from the position of the Ran, Maharam Chalavah, and Raavad that when it is easy we should be strict for a safek derabbanan.</ref> However, others hold that safek derabbanan is permitted even initially.<ref>Ramban Yevamot 24a, Rashba (responsa 4:48), Rambam (Blau siman 308, 310). Pri Chadash (Klalei Safek Safeka 110:4) holds that safek derabbanan is permitted even initially. Rav Ovadia cites many who agree including the Get Mekushar 147c, Divrei Emet 9:4</ref> | # There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted after the fact.<ref>Reem on Samag Megillah writes that the principle of Safek Derabbanan is only permitted after the fact. Ran Menachot 65a agrees. Rav Ovadia in Chazon Ovadia v. 1 p. 201 supports this from the position of the Ran, Maharam Chalavah, and Raavad that when it is easy we should be strict for a safek derabbanan.</ref> However, others hold that safek derabbanan is permitted even initially.<ref>Ramban Yevamot 24a, Rashba (responsa 4:48), Rambam (Responsa Blau siman 308, 310). Pri Chadash (Klalei Safek Safeka 110:4) holds that safek derabbanan is permitted even initially. Rav Ovadia cites many who agree including the Get Mekushar 147c, Divrei Emet 9:4</ref> | ||
# 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> | # 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> | ||
#There is a dispute if safek derabbanan lkula applies to an area of halacha that is primarily deoritta even if this application is derabbanan.<ref>Rashba Eruvin 11a s.v. may is strict on a doubt regarding walls for an eruv even in a case that it is derabbanan since there's another 3 walls, because in general the halacha of having walls for an eruv is deoritta. He cites two sources for this and expands this to a general concept that we're strict anywhere that the primary discussion is deoritta.</reF> | #There is a dispute if safek derabbanan lkula applies to an area of halacha that is primarily deoritta even if this application is derabbanan.<ref>Rashba Eruvin 11a s.v. may is strict on a doubt regarding walls for an eruv even in a case that it is derabbanan since there's another 3 walls, because in general the halacha of having walls for an eruv is deoritta. He cites two sources for this and expands this to a general concept that we're strict anywhere that the primary discussion is deoritta.</reF> | ||
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==Rov Efsher 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> | # 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> | ||
==Safek Deoritta Lchumra== | |||
#Rambam holds that safek deoritta lchumra is only rabbinic and is learned from a derivation the rabbis made regarding mamzer.<Ref>Rambam (Responsa Blau, siman 310). Rav Shlomo Ginzler (Yeshrun p. 34) quotes the fuller text of that teshuva with the line that makes it clear that safek deoritta lchumra is only derabbanan is learned from mamzer vaday v'lo mamzer safek.</ref> | |||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Rules for Determining Halacha]] | [[Category:Rules for Determining Halacha]] | ||
