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Klalei Halacha: Difference between revisions
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==Safek Safeka== | ==Safek Safeka== | ||
# Some say that safek safeka is only permitted after the fact.<Ref> The Reem on Smag Megillah writes that safek safeka is only permitted after the fact. See Rosh Bechorot 9a</ref> Many others disagree.<ref> Rav Ovadia in Chazon Ovadia 1:202 citing Perach Shoshan EH 3:2, Kol Eliyahu YD 2:2, Rosh A"Z 2:35</ref> | # Some say that safek safeka is only permitted after the fact.<Ref> The Reem on Smag Megillah writes that safek safeka is only permitted after the fact. See Rosh Bechorot 9a</ref> Many others disagree.<ref> Rav Ovadia in Chazon Ovadia 1:202 citing Perach Shoshan EH 3:2, Kol Eliyahu YD 2:2, Rosh A"Z 2:35</ref> | ||
==Safek Echad Bguf Safek Echad Btarovet== | |||
# If there is a safek safeka that is built of one safek about the status of the item in question and one safek since it was lost in a mixture, many rishonim consider this an invalid safek safeka. Others consider an acceptable safek safeka. One example is a safek teref piece of meat that was mixed up with other pieces of kosher meat (when [[bitul]] wasn't relevant).<ref>Tosfot Beitzah 3b s.v. vacherot writes that Rabbenu Tam considers a safek safeka even if one safek is about the status of an item and one safek is about a tarovet. This is also the opinion of Tosfot Zevachim 71a and Riva in Shitah Mikubeset Zevachim 74a. However, the Ri cited by Tosfot disagrees that such a safek safeka is an invalid safek safeka. Rashba Beitzah 3a s.v. nitarva explains the opinion of the Ri; since the first safek is about the status of an item we determine that we are strict since it is a safek deoritta lchumra. Then we consider the second safek however at that time there's only one other safek. Rashba responsa 401 agrees with Rabbenu Tam.</ref> The halacha holds that it is an invalid safek safeka.<ref>Shulchan Aruch YD 110:9 holds it is an invalid safek safeka. Gra 110:10 writes that most poskim assume that it is an invalid safek safeka.</ref> | |||
#If it is a safek safeka with one safek that is about the status of the item potentially a dvar sheyesh lo matirin and one safek of the tarovet it is an invalid safek safeka.<ref>Shulchan Aruch 102:1. Shach 102:2 writes that everyone agrees for dvar sheyesh lo matirin one safek in the guf and one in the tarovet is forbidden.</ref> | |||
==Safek Safeka MShem Echad== | ==Safek Safeka MShem Echad== | ||
# A safek safeka that both sefakot rely on the same leniency isn't a safek safeka and is termed safek safeka mshem echad.<ref>Tosfot Ketubot 9a</ref> If one of the sefakot permit more than the other it is a valid safek safeka.<ref>Shach Klalei Safek Safeka n. 12. His proof is Tosfot Avoda Zara 38b with regards to Stam Kli Eino Ben Yomo.</ref> | # A safek safeka that both sefakot rely on the same leniency isn't a safek safeka and is termed safek safeka mshem echad.<ref>Tosfot Ketubot 9a</ref> If one of the sefakot permit more than the other it is a valid safek safeka.<ref>Shach Klalei Safek Safeka n. 12. His proof is Tosfot Avoda Zara 38b with regards to Stam Kli Eino Ben Yomo.</ref> | ||
