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Klalei Halacha: Difference between revisions
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# Maharshal on niddah 27a asks on tosfot so what there’s two kulot that are soter each other why can’t you be meikel on either you choose, why machmir on both. It is like kesil bchoshesh holech. Rav Ovadia in Taharat habayit v1 p276 quotes this and adds that the binyan tzion 1:60 and torat shlamim 187:29 agree. Rav Ovadia is machmir in end. (Maharsha there answers for tosfot. Aruch Lner niddah 27a says that from the proofs of tosfot it is mutually exclusive to prove kulot which are tartei dsatrei lchumra and also hold safek safeka doesn't work bchezkat isur (shach klalim 29). Therefore, acc to pri chadash we could accept tosfot but not acc to shach.) | # Maharshal on niddah 27a asks on tosfot so what there’s two kulot that are soter each other why can’t you be meikel on either you choose, why machmir on both. It is like kesil bchoshesh holech. Rav Ovadia in Taharat habayit v1 p276 quotes this and adds that the binyan tzion 1:60 and torat shlamim 187:29 agree. Rav Ovadia is machmir in end. (Maharsha there answers for tosfot. Aruch Lner niddah 27a says that from the proofs of tosfot it is mutually exclusive to prove kulot which are tartei dsatrei lchumra and also hold safek safeka doesn't work bchezkat isur (shach klalim 29). Therefore, acc to pri chadash we could accept tosfot but not acc to shach.) | ||
# Rabbi Akiva Eiger in Beitzah 14a writes that the peshat in Tosfot is not that something for which you have a safek which would lead to a kula in opposite cases is asur. He says that’s wrong and against Shabbat 34b that for ben hashemashot we say we’re lenient for derabbanan’s like establishing an eruv even if for one person it is valid because he only set it up in middle of ben hashemashot and the other person’s had a dog eat his in middle. Same is true of one person over multiple shabbaton. Rather that peshat is wrong. Peshat in tosfot is dvar sheyesh lo matirin. He said he had an argument with the baal bet meir about this and this is how the bet meir concluded. (He’s assuming it is a dvar sheyesh lo matirin because you could grind it with a shinuy, that’s like the rif and not trumat hadeshen; also it is against pri chadash that dvar sheyesh lo matirin doesn’t apply to machloket haposkim; also it is against nodeh beyehuda’s idea of dvar sheyesh lo matirin by moving muktzeh). | # Rabbi Akiva Eiger in Beitzah 14a writes that the peshat in Tosfot is not that something for which you have a safek which would lead to a kula in opposite cases is asur. He says that’s wrong and against Shabbat 34b that for ben hashemashot we say we’re lenient for derabbanan’s like establishing an eruv even if for one person it is valid because he only set it up in middle of ben hashemashot and the other person’s had a dog eat his in middle. Same is true of one person over multiple shabbaton. Rather that peshat is wrong. Peshat in tosfot is dvar sheyesh lo matirin. He said he had an argument with the baal bet meir about this and this is how the bet meir concluded. (He’s assuming it is a dvar sheyesh lo matirin because you could grind it with a shinuy, that’s like the rif and not trumat hadeshen; also it is against pri chadash that dvar sheyesh lo matirin doesn’t apply to machloket haposkim; also it is against nodeh beyehuda’s idea of dvar sheyesh lo matirin by moving muktzeh). | ||
## Rabbi Akiva Eiger (Drush V'chiddush Eruvin Maarechet 4) asks why safek eruv is kosher (Eruvin 35, | ## Rabbi Akiva Eiger (Drush V'chiddush Eruvin Maarechet 4) asks why safek eruv is kosher (Eruvin 35, Shulchan Aruch O.C. 409:6 and 415:2), but yet if he made two eruvin in two opposite directions which halacha doesn't allow for, he is stuck since he can't pick one to be valid (Eruvin 50, Shulchan Aruch O.C. 412:1). He (s.v. v'nireh li d'lechora) answers based on Tosfot Beitzah 14a that since either option would cause a different leniency he can't be lenient about either one. That's why when he made an eruv in both directions it doesn't work since he can't have both contradictory leniencies. However, if he wants just one eruv and it is a safek if it is valid, it is valid since that is only one leniency. Even though in that case he would have alternative techum which has other leniencies, since he wants his eruv to be valid it is considered as having only one leniency. | ||
# Raavad in the Katuv Sham in Beitzah 14a says that anyone who listens to the pesak of tosfot to be machmir on both cases of spices is a kesil bchoshech holech. The Baal Hameor agreed with Tosfot. | # Raavad in the Katuv Sham in Beitzah 14a says that anyone who listens to the pesak of tosfot to be machmir on both cases of spices is a kesil bchoshech holech. The Baal Hameor agreed with Tosfot. | ||
# Korban Netanel moed katan 2:80 points out that the rosh and rif m”k are meikel on a mochleket amoraim for chol hamoed in both directions even though rosh beitzah agreed with tosfot. He said that tosfot beitzah 14a was only machmir because it was a safek cheshron yediya of which amora was the rav and which talmid so it was barur the din but we don’t know what it was. | # Korban Netanel moed katan 2:80 points out that the rosh and rif m”k are meikel on a mochleket amoraim for chol hamoed in both directions even though rosh beitzah agreed with tosfot. He said that tosfot beitzah 14a was only machmir because it was a safek cheshron yediya of which amora was the rav and which talmid so it was barur the din but we don’t know what it was. | ||
