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Klalei Halacha: Difference between revisions
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## Shach YD 201:148 contradicts himself and holds that safek derabbanan lkula is permitted even where there's a chezkat isur. Chazon Ish (Mikvaot 10:2) notes this contradiction. | ## Shach YD 201:148 contradicts himself and holds that safek derabbanan lkula is permitted even where there's a chezkat isur. Chazon Ish (Mikvaot 10:2) notes this contradiction. | ||
# If there was a piece of something rabbinically forbidden that was recognizable in its own place before it fell into a mixture then it isn't considered itchazek isura and we're lenient to apply ''safek derabbanan lkula''. If the pieces weren't recognizable when they fell into a mixture then it is considered itchazek isur and according to the Shach we don't apply ''safek derabbanan lkula''.<ref>Shach 111:4, Pri Megadim S"D 110:38</ref> | # If there was a piece of something rabbinically forbidden that was recognizable in its own place before it fell into a mixture then it isn't considered itchazek isura and we're lenient to apply ''safek derabbanan lkula''. If the pieces weren't recognizable when they fell into a mixture then it is considered itchazek isur and according to the Shach we don't apply ''safek derabbanan lkula''.<ref>Shach 111:4, Pri Megadim S"D 110:38</ref> | ||
== Safek Derabbanan Lkula where you can be lenient either way == | |||
# If there's a safek derabbanan for two items and it is possible to be lenient either way but it is impossible logically to be lenient on both, then the halacha is that both are forbidden. | |||
## For example, if 3 lugin of sheuvim water fell into one of two mikvaot that are incomplete both are invalid since there's no reason to assume it fell into one of them more than the other one.<ref>Mishna Mikvaot 2:3, Rambam Mikvaot 10:2, Shulchan Aruch Y.D. 201:68, Shach 201:142</ref> | |||
## For example, if something asur midrabbanan fell into one of two pots and it is unknown which it fell into, both are forbidden.<ref>Shulchan Aruch Y.D. 111:6</ref> | |||
==Safek Safeka== | ==Safek Safeka== | ||
