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). | ||
# 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 | ## Rabbi Akiva Eiger (Drush V'chiddush Eruvin Maarechet 4) asks why safek eruv is kosher (Eruvin 35, S"A 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, S"A 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. | |||
# 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. | ||
# Raavad in Baalei Hanefesh (cited by rosh niddah 9:2 and s”a 184:4) writes that originally he was machmir for a veset safek by day and safek by night on both. Then he concluded to be lenient and only asur the daytime one. The Baal Hameor in the end is lenient as well. S”A follows the raavad. Chatom sofer on s”a says that s”a is wrong because of other opinion in raavad said tartei dsatrei kulot here so why be lenient you have to be machmir on both. He compares it to a case of being toleh a ketem with two woman (niddah 60a) which we’re machmir on because of chucha vtelula. Rest of poskim follow s”a. Haflah on yd 184:4 says in theory chatom sofer’s right from Tosfot Beitzah 14a but the raavad came up with a hachraah why the second was more chamur. | # Raavad in Baalei Hanefesh (cited by rosh niddah 9:2 and s”a YD 184:4) writes that originally he was machmir for a veset safek by day and safek by night on both. Then he concluded to be lenient and only asur the daytime one. The Baal Hameor in the end is lenient as well. S”A follows the raavad. Chatom sofer on s”a says that s”a is wrong because of other opinion in raavad said tartei dsatrei kulot here so why be lenient you have to be machmir on both. He compares it to a case of being toleh a ketem with two woman (niddah 60a) which we’re machmir on because of chucha vtelula. Rest of poskim follow s”a. Haflah on yd 184:4 says in theory chatom sofer’s right from Tosfot Beitzah 14a but the raavad came up with a hachraah why the second was more chamur. | ||
# Pri Megadim E”A 538:2 cites from mishna lmelech megillah based on Ran Pesachim 108a that if it isn’t oker takana completely it is muter to be lenient in both directions. Gra on s”a 538 says s”a is stirah to s”a 504 by yom tov. Tzarich iyun. | # Pri Megadim E”A 538:2 cites from mishna lmelech megillah based on Ran Pesachim 108a that if it isn’t oker takana completely it is muter to be lenient in both directions. Gra on s”a 538 says s”a is stirah to s”a 504 by yom tov. Tzarich iyun. | ||
# Rabbi Akiva Eiger megillah 5b s.v. nitkashti seems to be assuming unlike tosfot bk 11 as he’s trying to explain why the gemara ask on rebbe who did melacha maybe it was because of safek derabbanan. There he backs down because of pri chadash that safek dvar shyesh lo matirin doesn’t apply to a machloket haposkim. See R’ Yitzchak Yosef’s article on tartei dsatrei bderabbanan in Ayin Yitzchak Shulchan Marechet p.55 who quotes his father’s answer (Chazon Ovadia 1:13:198) to this R’ Akiva Eiger based on tosfot bk 11 and nidah 27 and the yerushalmi megilah. | # Rabbi Akiva Eiger megillah 5b s.v. nitkashti seems to be assuming unlike tosfot bk 11 as he’s trying to explain why the gemara ask on rebbe who did melacha maybe it was because of safek derabbanan. There he backs down because of pri chadash that safek dvar shyesh lo matirin doesn’t apply to a machloket haposkim. See R’ Yitzchak Yosef’s article on tartei dsatrei bderabbanan in Ayin Yitzchak Shulchan Marechet p.55 who quotes his father’s answer (Chazon Ovadia 1:13:198) to this R’ Akiva Eiger based on tosfot bk 11 and nidah 27 and the yerushalmi megilah. | ||
# With respect to tefillah see tosfot brachot 2a and kehilat yakov that avid kmar is unique because of elu velu. | # 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== | ==Safek Safeka - Safek Eched Deoritta Safek Eched Derabbanan== | ||
# Rashba Brachot 31a cites a dispute regarding something which is a biblically forbidden but there’s a doubt if it is forbidden and additionally another reason why it might not be a biblical prohibition but would be a rabbinic one. Do we say safek safeka in such a case? | # Rashba Brachot 31a cites a dispute regarding something which is a biblically forbidden but there’s a doubt if it is forbidden and additionally another reason why it might not be a biblical prohibition but would be a rabbinic one. Do we say safek safeka in such a case? | ||
