Klalei Halacha: Difference between revisions
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# If there are three safekot to permit something and only two to forbid it it is still considered a safek safeka and it is permitted.<ref>Rama 96:4 since it might not be cut with a non-kosher knife and the food might not be charif and the knife was eino ben yomo. The knife being eino ben yomo itself is a safek safeka. </ref> | # If there are three safekot to permit something and only two to forbid it it is still considered a safek safeka and it is permitted.<ref>Rama 96:4 since it might not be cut with a non-kosher knife and the food might not be charif and the knife was eino ben yomo. The knife being eino ben yomo itself is a safek safeka. </ref> | ||
==Kavuah== | ==Kavuah== | ||
# Many achronim are lenient on kavuah of a rabbinic prohibition.<ref>Pri Megadim S"D 110:38, Rav Poalim YD 1:28. Pri Megadim Mishmeret Shalom fnt. 152 cites that the Pri Chadash 339:1, Aruch Hashulchan 110:10, and Kahal Yehuda 110:3 are lenient and Yad Yehuda 110:47 is strict. It also references Maharsham CM 46, Bet Yitzchak (Shaar Kavuah 7), Taz 673:6, Aruch Hashulchan 453:9, Rabbi Akiva Eiger 112:1, and Chikrei Lev YD 1:105. | # Many achronim are lenient on kavuah of a rabbinic prohibition.<ref>Pri Megadim S"D 110:38, Rav Poalim YD 1:28, Minchat Cohen Tarovet 3:5 cited by Pri Megadim. Pri Megadim Mishmeret Shalom fnt. 152 cites that the Pri Chadash 339:1, Aruch Hashulchan 110:10, and Kahal Yehuda 110:3 are lenient and Yad Yehuda 110:47 is strict. It also references Maharsham CM 46, Bet Yitzchak (Shaar Kavuah 7), Taz 673:6, Aruch Hashulchan 453:9, Rabbi Akiva Eiger 112:1, and Chikrei Lev YD 1:105. | ||
* The Pri Megadim explains that if the prohibition was not identifiable before the question arose it is forbidden because of the principle that when there's two pieces and we can't choose which to permit using safek derabbanan lkula we're strict on both | * The Pri Megadim explains that if the prohibition was not identifiable before the question arose it is forbidden because of the principle that when there's two pieces and we can't choose which to permit using safek derabbanan lkula we're strict on both. That isn't relevant here since the pieces were identifiable that they are forbidden or permitted before the doubt arose and as such there's no principle that we're strict on both pieces (Shach Klalim n. 21, Shach 111:4). | ||
* The Tosfot Pesachim 9b is a proof that for a rabbinic question we are lenient even though it is kavuah. The case is where there's a mouse who took a piece of either chametz or matza and the piece in question was taken from a place that was kavuah. Once he brought it into the house there's a question whether it is obligated in Bedikat Chametz which is rabbinic. Tosfsot thinks it is clear that we are lenient since it is only rabbinic. Tosfot Rosh and Tosfot Rabbenu Shimshon make this even more explicit. Baal Hameor has the same conclusion. The Raavad only disagrees for a local reason because of chametz. Rambam Chametz Umatza 2:10 and Rashi Pesachim 9b who seem to hold unlike Tosfot could similarly hold like the approach of the Raavad as the Maggid Mishna notes. Tur 439:1 and Pri Chadash 439:1 rule like Tosfot.</ref> | * The Tosfot Pesachim 9b s.v. haynu tesha is a proof that for a rabbinic question we are lenient even though it is kavuah. The case is where there's a mouse who took a piece of either chametz or matza and the piece in question was taken from a place that was kavuah. Once he brought it into the house there's a question whether it is obligated in Bedikat Chametz which is rabbinic. Tosfsot thinks it is clear that we are lenient since it is only rabbinic. Tosfot Rosh and Tosfot Rabbenu Shimshon make this even more explicit. Baal Hameor has the same conclusion. The Raavad only disagrees for a local reason because of chametz. Rambam Chametz Umatza 2:10 and Rashi Pesachim 9b who seem to hold unlike Tosfot could similarly hold like the approach of the Raavad as the Maggid Mishna notes. Tur 439:1 and Pri Chadash 439:1 rule like Tosfot.</ref> | ||
==Rov of Poskim== | ==Rov of Poskim== | ||
