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Chulin 10
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Today's daf is Hulin daf yud and we are
seven lines from the bottom of daf tes
on the base in middle of a sukia. So the
gemara daf tes amud alef brought a very
important memra from Rav Huna. Rav Huna
said beheima bechayav bechezkat issur
omedes. Achrei yivada lach man shechato.
If you have a live animal, its meat is
assur bachila. It's eiver min hachai.
It's even assur bachila to a ben Noach.
It's one of the seven mitzvos bnei
Noach. As a result, if during the
shechita a safek would arise, meaning
right now we're not sure whether the
beheima had a kasher shechita or didn't
have a kasher shechita, the basar of the
animal would be bechezkat issur. We saw
machlokes tanam what exactly the chezkas
issur is. Is it assur bachila and even
tamei like an aveila or is it only assur
bachila? But regardless, Rav Huna said
what at first glance would seem to be
very intuitive, that being that a
beheima while it's alive is assur
bachila because of eiver min hachai.
That if any safek is noila during the
shechita, it would remain assur. The
same would be in the reverse. Nishchato,
once there was a kasher shechita, the
animal is bechezkat heter. A kasher
shechita ordinarily would make the
beheima
kasher. As a result, if later there's
going to be a rayasa and something's
going to bring into question whether or
not this animal is kasher or not kasher,
we're going to assume that if there was
a vadai kasher shechita, it's going to
be bechezkat shechita achrei yivada lach
until we find otherwise that it's going
to be assur. The gemara wanted to know
what was an example of a case where we
presume there was a good shechita. Now
there was a rayasa and as a result we're
not sure whether we can eat the animal
or not. So the gemara said the case is
where a wolf came, took the intestines
of the animal
for a little bit of time, it returned it
and when it came back to it teeth marks
inside the bnei me'ayim, inside the
intestines. Now clearly the za'ev stuck
its teeth into the intestines and as a
result made a hole. Now, that hole
wouldn't render the animal a treifa
because in order for a hole in the bene
mayim to make a beheima treifa, the hole
would have had to have been there before
the shchita. Here we know when the hole
came into existence. It happened when
the za'ev stuck its teeth into it. The
question is, do we have to be concerned
that maybe b'makom nekav in the place
where the za'ev made a hole there had
been a hole previously? Meaning, how
come nobody ever checked the bene mayim
to make sure that there was no hole in
it and now there is a hole. So, the
question is, do we have to be concerned
that there was a hole previously where
the za'ev made a hole or not? And the
Gemara said, ein chosheshin shema
b'makom nekav nokav. And that's what
Rashi meant when he said that if you
have a beheima which is b'chezkas
shleima, we know it was a kosher shchita
even though now there's a little bit of
a shailo. What's the shailo? That maybe
the place where the za'ev made a hole
there had previously been a hole. Thus,
the animal would have been a treifa.
It's something you don't have to be
worried about. The Gemara says the
kasha, a similar case with regards to
the halacha of mashkin megulin and
peiros megulin. So, once upon a time
nechasim, akrabim, different shratzim
lived amongst the chaim sh'kratzim and
as a result the chachamim said a halacha
that if somebody leaves liquids exposed
overnight or if you have a fruit that
has a hole in it, you have to be
concerned that maybe one of these
dangerous creatures went was matil aras,
deposited some poison into it and as a
result this thing is now going to be
assur b'achila. So, the Tosefta gives a
case where somebody saw a tzipor, a
bird, was making a little bit of a hole
in a fig or somebody saw a mouse that
was making a hole in a in a watermelon.
So, you see now a fruit with a hole.
You know how the hole or [snorts] why
the hole is there. Seemingly, it's
because of this animal. The question is,
do you have to be concerned that maybe
there was a hole there previously
and if it had been exposed overnight, it
will now be assur b'achila because of
the halacha of megulin. And the halacha
is you do have to be worried. Chosheshin
[snorts] shema b'makom nekav nokav. So,
the question is, how come when it comes
to the laws of treifas you don't have to
be worried that there's a made a hole
where there are previously been a hole.
And when it comes to the laws of treifas
you do have to be
concerned. Amalie said the Gemara said
you can't compare the two sugias. One is
a sugia of issur v'heter, the other one
is a sugia of sakana. When it comes to
issur v'heter, treifa, as chomer as it
is, but there's no element of sakana. So
being that there's no element of sakana,
you can rely on chazaka. Chazaka says it
was b'chezkas shuta. Now you have some
far-fetched chashash in choshesh
b'vodai. When it comes to sakana, there
you cannot rely on chazaka. And being
that you can't rely on chazaka, there
the halacha is we are worried shema
makom nakiv nakiv. So the Gemara is in
the process of discussing whether in
fact it's true that halacha treats
sakana more stringently than issur.
Amora v'achi Tosafos I'll bring you a
rayah
from a Mishnah in Maseches Parah,
s'leichah sh'niyah chamesh u'shloshim
u'shloshah. So somebody had prepared
water that he was going to use to mix
with the efer of the parah adumah. It
was going to be used to sprinkle on
somebody that was a a tamei meis. Now
that water has to be mayim chayim.
There's certain halachos, very strict
halachos, that govern the purity of that
water. So this person had a s'leichah,
he had a jug of this water, and he left
it exposed overnight. That's a mistake.
U'va and he comes the next morning
u'matza m'chusa and he saw that somebody
covered it. So the halacha is tamei.
The water is no longer treated b'chezkas
tahor. You have to be concerned that
maybe it's tamei. Why? What would have
made it tamei? Shiny yom acher on tamei
nichnas b'geisah.
Because I have to be concerned that
maybe a tamei person was the one that
covered it. And while this person was
covering it, being that he was in the
state of tumah, he may have touched the
water and he may have caused it to
become tamei. In nichnas m'chusa, what
happens if someone reverses? He left it
covered overnight u'va u'matza m'gulah.
And then he comes the next morning and
he finds it uncovered. So here,
counter-intuitively, it's actually more
kulah d'ik. Im yichol l'vo sh'leish
b'mayim, if it was uncovered in a way
where a chuldah, a weasel, could have
drank from it, ayin nachash d'var
Amaleik or k'neged Amaleik that holds
that if a nachash touches the mayim
chayim, so it looks make it to me. So if
one of these creatures that would make
the water to me could have drank from
the water, then the water is to me.
Do fell at night, which would also make
the water to me because the water has to
be
and all those cases going to be
possible. But otherwise it's going to be
taught. Meaning although if you left it
uncovered and then you find it covered
you have to be concerned that maybe a to
me person covered it. If you left it
covered and then you found it uncovered
you don't have to be worried that a
person may have uncovered it. Thus the
only thing is the water what's the
difference
between
the nation darkness and
the
in dark room show
the if you left it uncovered and you
found it covered then you have to be
concerned. The reason is because a
person had to have covered it. A
can't cover a barrel. So the only person
that could have covered it was a person.
Now the person could be either to me or
the person could be to her. Being that
it's a
person who covered it was to me or to
her we have to assume that maybe it was
to me. As a result it's going to be a
problem. But if you left it covered and
you found it
uncovered so there the
is
there you could be
and the reason you could be
is because it's not that a person
uncovered it because a has the ability
to uncover as well. And therefore
there's really two possibilities or
three possibilities what could have
happened. A person may have uncovered
it. If it was a person it may have been
to me or to her or a may have uncovered
it. A is also to her unless it's one of
the bad
there's a good chance it's to her.
There's more possibilities that the way
it was uncovered was by something or
someone that wouldn't have the ability
to be the water. As a result with
because there's there's to them to be
and the is it's going to be to her. So
what do you see from here? You see that
when it comes to a
something that's even very like the
water the
that was used for the paradigma, have a
right to be
if You left it covered and you found it
uncovered. So, you don't have to assume
that a Tommy person may have uncovered
it because it may have been a share it
who's not Tommy. You know, there's
possibilities where it happened in a way
where it didn't become a legal something
mind beguiling. When it comes to mind
beguiling, you don't make these by this
because every time you find mind
beguiling, you always suspect that maybe
a dangerous may have been marked a
little bit of errors. If you're going to
go based on probability and
statistically, the chances of that have
happened is it's not very likely. So,
you see what it comes to this so you can
be toiled up. You can do a statistical
analysis and and based on that be my
career a local, but that's only when it
comes to this of a hatter. When it comes
to second and you see you're more
calmer. And says the Gamora, what's the
punchline? Schmammy no, camera second to
me sura. Schmammy no, so you see from
here that is sir is not as calmer as a
corner. Camera second to me sura. Thus,
going back to the original context when
it comes to a side of is sir with a hole
in the banana may iron, there's no
concern sham of a mocking neck of knock
off. Then a contrary, we go based on a
local. Is there a soft thick that the
animal is a trey for? Maybe. But there's
a local that it was a shooter. Thus, we
don't have enough to take it away from
its local from its status quo. However,
when it comes to a question of second
and no, there if you saw the people and
was it was poking making a little hole
inside the the inner or you saw the
animal making a hole in the idea.
Question sham of mocking neck of knock
off. Isn't there a local over here?
Yeah, but you don't use a local when it
comes to second. We're going to get back
to this later with rain and sunshine.
Tonight I also want to give them a skin
to give away.
There's three types of liquids that are
awesome.
What are they? May iron, the iron, the
hollow. Water, wine, and milk. So, if
they were left exposed overnight back in
the day, there was a major issue and for
the Bali Nethus even nowadays, it's a
problem. You're not supposed to drink
it. So, which liquids? Water, wine, and
milk. Come and usually ask them, how
long do they have to be exposed for it
to be awesome? Does it have to be the
whole night? Like from until a lawyer is
taste until us. Like the shares The law
says the time of long shears that she
ate to her husband walking
if it was exposed long enough that the
rash that's the creature can come from a
close place and drink doesn't have to be
a long period of time. It can't be long
car. What's the definition of long car?
I'm going to be with you
that so close that if it was underneath
the cave how long would it take it was
underneath the cave it would take
nothing minutes seconds maybe for it to
come drink. That's the amount of share
for you to come out and
I got you like if the share the amount
of time that it takes him to go drink
then you'll see him. Meaning if if it
was there for the amount of time that it
would take for him to come out and drink
but not enough time for him to run away
then you would have seen it. So the law
says
has to be that you walked away for a
long enough period of time where it
could have come out of its little hole
drank gone back into its hole thus you
missed it but if you were away for that
period of time even though it wasn't the
whole night it doesn't matter that's
enough for it to be considered masculine
meaning
I got it right beside
somebody was
cool and
all this the beginning of school and he
found that after he the animal the knife
had a nick. Now a knife that a uses to
even cool and has to be perfect cuz it's
not perfect we we concerned that maybe
the imperfection of the knife caused the
simon the trachea the trachea and the
esophagus respectively to have some sort
of damage that would render the animal a
treif or right before you gave it a
kosher sheet. So the the knife has to be
perfect.
What happened? A
when he
and right after the
he found that it was cool and all of
them
so he said it's even if he used it but
even if he used this knife to bones or
he was cutting bones maybe the bones of
the animal so
it's going to be possible meaning if he
was
breaking and cutting bones with this
sakin, presumable that that's what
caused the sakin to become pugel. As a
result, it probably wasn't there at the
time that he did the original shrita.
So, it makes sense then that the
original shrita should be a kosher
shrita. Ravuna said, "I don't care. I
shina and I'm worried shema ba'arnif
gama. I'm worried that maybe this
sakin got its gam when it made contact
with the skin before the shoychet did
the shrita." So, even though he did
things afterwards which would seem
reasonable to have been the cause of the
pegam in the sakin, it doesn't matter.
We have to be concerned that maybe the
sakin already had this pegam, this
imperfection, this nick before he did
the actual shrita and as a result, the
shrita is going to be pasul shrita. Rav
Chisda says, "No.
Why? Shema ba'atsin nifka. It seems more
reasonable that had it the sakin get its
pegam, it got its pegam when you were
cutting that sideways. You cut bones.
That can nick a knife. A little bit of
ar, it's not mistaber that it would
cause the sakin." In other words, you
have a very important machlokes between
Rav Huna and Rav Chisda. Before the
shoychet shacht, he has to inspect the
sakin. Everybody knows. What happened
was he shachted it and then after the
shrita, he was
cutting bones and then he realized that
the sakin had a pegam. And the question
is when did it get its pegam? He has no
idea. Did it get it after the shrita, in
which case it would have no impact
alacha, the animal that he shachted
would be kosher, or maybe it got it when
it made contact with the ar before he
did the shrita. As a result, the shrita
itself is a shrita pasul. Rav Huna said,
"Pasul." Rav Huna was machmer. Rav
Chisda said, "Kosher." Rav Chisda was
meikel. Rav Huna said, "At the end of
the day, I have a safek over here. This
is Rav Huna lishitaso in daf tes amud
alef. Rav Huna said, "Beheima bechayav
bechezkat issur d'oraysa. Actually, you
won't allow unless you know for sure
there was a kosher shrita. You don't
know there was a kosher shrita because
there's a reisa in the shrita. It's in
the animal. It's in the knife as we're
going to see in a moment. But still,
there is a reisa." Rav Chisda said, "No.
At the end of the day, you go based on
svara. It's more mistaber that the way
this knife got
nicked up was from cutting the bones,
not from making contact with the art. As
a result, says
I'm going to be I'm going to let you eat
I understand
what you mean.
It's what she does. At the end of the
day, the animal is
He doesn't hold up his a lot says the
And if you cut bones, it's by the not
100% but it's
by the that that would cause a a knife a
or or or it's only a by the So I think
by the I think
the
I think we should have of course this is
not
a
the classic
is is when you have
one by the one is
you know
something can't be physically
what over here is is that you have
one is a
possibility the other one is a not such
a likely possibility
common sense it makes more that the
got messed up from cut
not to contact of course
agrees with the idea
is
but he
one reasonable thus we go with
this
what is
which essentially
from unrelated
somebody was he went
he comes
realizes the half later that he has a
seat on his body what's the question the
question did he have when he
thus that feel a good feel or maybe
later
says
the
even he was busy with that so whatever
he found he found on his and he playing
in the mud half hour after pretty
that
from came from from playing
it doesn't matter what you
that what is not feel. I you I'm unless
he could say boringly I'm 100% sure
shall I hold your life and look at it.
He has to be concerned that maybe it was
there even though the sword is to assume
that it came later, it doesn't change
the Halacha. Right now you don't know
for sure that you had a good feel.
There's a rayasa, you have something on
you that is a hoy says the Halacha is
he's going to be ask us to
perfect analogy to of his daughter.
Where does the Halacha is here it's a
Halacha.
You have a
if the tumor went away, there was a feel
but then again there was also a
and it's probably that the came later
because it's probably the person was
in this thing that he found on him
after the feel. That's probably where it
came from like in of his daughter's
case. What probably nicked up the knife?
The fact that he was chopping at
afterwards. And still what's the Halacha
you have to be like
at the end of the day you don't say it's
something one side is a more reasonable
to know there's a sister actually
so the
master
I have a question of his daughter I have
a
to but the says not a shiny the case of
is different. The
because it is a tumor. Therefore
you have to assume that maybe didn't
fit the way
you yourself
the animals
that it's also to eat.
I wish you could have
how could you say that I very nice is a
sister. Is there but right now you did
the
Halacha
the person I know you
but there's a what's the
Halacha is the difference is and this is
the bottom line
the difference is and this is the bottom
line second is
the
>> [snorts]
>> difference between the two cases is is
in the case of the
cases is is in the case of the
our
the issue is
over there what's the issue? The issue
is there was a shrita. There was an act
of shrita. And now there's a rayesa.
Something came into question. Maybe the
shrita wasn't kosher. Is the issue the
quote unquote rayesa, is it with the
animal itself? No, the animal's fine.
The issue is with the sakan. You're
looking at the knife. The rayesa was no
light in the sakan. So if I look at the
behema, I see a shrita I see a behema
that had a beautiful shrita. Problem is
when I look at the sakan, they're having
issue because now I see a sakan paguma.
So I have Now the sakan paguma creates a
rayesa in the behema. But the rayesa is
not in the cheft of the behema. It's in
the sakan. As opposed to the case with a
person
So this person wanted to the mikvah. He
came out. Now there's a rayesa. Where is
the rayesa? It's in the subject. It's in
the person himself. It's not an
independent being. It's on the person
he's walking around with a chatzitza on
him. The question is did he have it
previously or did he not have it
previously? Being that the rayesa is in
the person in question, in the subject
in question, it's in the cheftza itself.
You can't say
Over there it's going to be different.
Bottom line is says the Gemara that if
Chizda agrees that there's something
called chazaka, this chashash is there,
this chashash tumah. And Rav Chizda even
says that chazaka is so strong that
sometimes safek could be much rather.
That if there's two possibilities and
one is a possibility, one is a safek
possibility, you have to be concerned
l'chumra with the maybe possibility.
Maybe this chatzitza was there time of
the tevilah. But that's only where the
safek, where the rayesa is in the thing
itself. So when the question is is this
person tahor or is this person tamei?
And there's a rayesa on the person
himself. Over there you have to go
l'chumra. However, in the case of
shrita, in this case Rav Chizda said his
halacha even though there's a rayesa,
but the rayesa is not in the behema
itself which would determine is it
kosher or is it not kosher. Rather it's
in the knife. Over there it's going to
be different. Basically I'll ask you a
kasha. Shok ha'safashot v'achar kach
nishmat ha'gargeres. So the context over
here is shritas shritas beheima you have
to check both simanim. When it comes to
an oif all you have to do is check one
siman. So what happens if the shoychet
shachted one of the simanim and then the
other siman he saw was dislocated? It
was dislocated to a point where it would
render the animal a trayfa. So the
question is what's the halacha? It's
very simple. If first the
shoychet shachted the veshet and then he
saw the gargaris the other siman was out
of place it's going to be kosher.
Because once he shachts the veshet all
you need is a siman acher ba'is. The oif
had a kosher shrita once it had a kosher
shrita I don't care what happens with
the other siman. Nishmas gargaris but if
first the gargaris was nishmas acher
kashrus of the veshet and only
afterwards he shachted the veshet so
then it's going to be possible. What if
shachted the veshet and then he saw the
gargaris was mutar? What if he shachted
the veshet and then afterwards he found
out the gargaris was mutar? Anyway he
doesn't know. If koynes shrita nishmas
malacha shrita nishmas
So here's a safek. Say how you may so
this was a real life story. The amru
amru pasken. Kol safek bishrita we know
what the psak is going to be pasul. Why?
Because it's bechezkas Israel made this
actually rather the day that kashrus
shrita. But the gemara is being medayek
the braisa. The braisa said THE
CHACHAMIM SAID KOL hakol is the rabbais.
Va'amru kol safek bishrita pasul. Kol
safek bishrita lasuya
it's clearly coming to include
something. What's it coming to be
marbeh? My loves says the gemara lasuya
kigavno even a case where
the rayasa is not in the beheima. Even
in a case where the rayasa isn't in the
sakin. As in Ravhuna Ravhisda's case.
Even over there you're going to go
l'chumra. In other words a rayasa
Ravhuna kashrus Ravhisda right? What's
the kol lasuya? A case where you have a
a safek and a chazaka? That's every
case. Oh must be there's a case where
it's a bigger chidush. You know where
it's a bigger chidush? So you would just
learn Ravhisda's swara that's the
chidush. What would be if you had an
animal that was bechezkas tuma and now
there was a shrita and the rayasa was
not not in the animal it was not in the
sakin. Ravhisda introduced the new swara
to us and say that said that thing that
you could say in London shchutal of an
echel and there's no rayasa in the
shchutal of an echel so be you say in
something must be they wanted to have
Christmas wonders but that was isn't
that what the greatest must be the word
says no that's not what it is like last
week is something sure something
I was just coming to give other examples
where there was some something that was
no luck at the time that the
was done meaning we're not sure you said
there's a whole bunch of
a whole
that the has to conform to when he does
something so what would be if he's not
sure maybe there was a sheet maybe you
waited too long or maybe there was a
dress so you didn't do the back and
forth motion you know maybe there was
errors in the way that the street was
actually done but the point is the razor
isn't the animal it's not in the sack
and it's in the animal maybe it's right
that if the razor is in the sack and
over there you're not going to go
no what's the difference if the
something is something sure something I
dress so or the something is in the sack
and something more says how is the other
the animal where the something is in the
animal itself something is
the animal [snorts]
okay so we have a important of his
what's the bottom line is what is the
bottom line
is [snorts]
if this
before the inspected the knife
everything was fine afterwards he sees
that there's a problem it's problem if
he didn't break any bones with this
knife after the
then the
you have to assume that it happened from
the
thus the it's going to be possible
but the of his the the event
[clears throat] that he was hacking
bones afterwards then we could assume
that it happened from the bones is
something might be the other and even
though there's a
but
either way the razor isn't in the knife
it's not in the animal therefore that is
like all of this bottom line is over
there it's going to be okay says the
from the way that the established what
does it sound like of his the I forgot
the way she
it sounds like the like
was even where nobody where this never
cut any bones with this
how do you see that because
he didn't cut a lot of
when you did cut bones so I say that
I argue both cases and
I don't know in one case that looks like
in the other case but the ask the
obvious question if
that is a lot even when he didn't cut
any bones then then what's the
what's the
that would be make of right
was only make of because of
we have a did the second become from
cutting the did it become cutting the
so said it's more
but if you tell me said it's even when
he was
then doesn't that's not a lot says the
no
if that is a lot even by regular we
didn't cut any bones afterwards because
the reality is is that when the
goes through the animal he's going to
touch the
bone the bone by the neck in that area
so that
that too it's more stable that the
became
from making contact with the
rather than from making contact with the
thus it happened on its way out after
the actual
and that's why
was make of
even when he wasn't at all as it relates
to the
we like
if the
is was it the
or was it the neck bone we have to be
concerned that maybe it was really the
or but at the same time we'll be make
like
if it was chopping
that's for sure the more reasonable
possibility of what took place over here
thus
that
is what
looks like that is
what looks like
that is what looks like
there was a
who
13 animals and he never inspected
the knife in between shitas and then
afterwards he looked and he realized
that the sack was pogum and the question
was what are you supposed to do? Rav
Yosef said that all 13 were a problem,
says the Gemara. Come on Rav Huna,
right? I feel like that's what it sounds
like. He said that all 13 were even the
first one. Why would it be even the
first one? Because even the first one
we're concerned that when did the sack
become pogum? When it touched the earth?
Right before the first shita? That was
the way it's not that was the story.
Maybe what happened was
Rav Huna and Rav Huna maybe really Rav
Huna and Rav Huna and he only said that
the latter 12 are the problem. The first
one not. Why not the first one? Because
you're never concerned that it came from
the earth. You're concerned that the
first time it made contact with the
bone, the bone of the neck on its way
out when it completed the shita of the
first animal, that's when it became a
problem. Thus, the first one's okay, but
it's the next 12 that are going to be a
Even by the same
Maybe Rav Yosef meant Rav Huna. [snorts]
Why? Because the Rav Huna
Because if he meant Rav Huna
then
Rav Huna
You see Rav Huna holds that you have a
right the cooler. Right? Rav Huna The
whole spirit of Rav Huna is that we're
going to be over here. It's not that it
happened from the earth. So we're going
to be What's the cooler? That it
happened from making contact with the
neck bone. Says the Gemara, if you're
going to be
You might have the essence of
the
How do you know that it got nicked up
from the first neck bone? Meaning from
the first animal. The
essence of the
The
So really Rav Yosef held like Rav Huna.
The Gemara is arguing and they say I
don't think any of them should have been
a problem because Rav Huna holds you
could be the cooler. You're the cooler
when it's one animal. You assume it came
from the neck bone not from the earth.
If it's 13 animals, we could be even
more say it came from the 13th animal.
So none of them should be a problem.
That's clearly Rav Yosef said some were
a problem. If Rav Yosef said some were a
problem, he must have held like Rav
Huna. And if he held like Rav Huna, he
must have held that all were a problem.
In other words, what the Gemara is
saying is there really were three
possibilities how Rav Yosef could have
paskened shita. We're not sure if Rebbe
Yosef really said but there were three
possibilities what he could have meant.
Either Rebbe Yosef said that all 13 what
happened? There was a shochet he
schechted 13 animals and at the end he
realized that the sakan was pagum. Then
Rebbe Yosef said, "We have problems."
Okay, what's that? Give me one of three
things. It could either mean all 13 are
pagum. He held like Rav Huna that
anytime you schecht and you find that
the sakan is pagum you can turn that it
happened before the schechita. So in
this case it happened before the first
schechita. All 13 are going to be pagum.
Or maybe he held like Rav Chisda that
you're not worried that the are would
ever be pagum the sakan but you're
worried that the bone could have been
pagum the sakan. Thus,
the first time the sakan made contact
with a bone that could have been pagum
the sakan was at the conclusion of the
first schechita. So from that point
moving forward you have to be concerned.
The first one's going to be kosher but
the next 12 will be a problem. Or the
Gemara is suggesting another possibility
and that is let's work with the spirit
of the law as it relates to Rav Chisda.
And Rav Chisda seems to be toila the
kula. And being that Rav Chisda is being
toila the kula, so maybe just like you
have a right to be toila that it came
from the bone not from the are. Maybe
you have a right to be toila it came
from the bone of the 13th animal. Sounds
like a stretch. But from the 13th animal
not from the first one and as a result
none of them would be a problem at all.
Says the Gemara
great
Rav Ashi. Rav Kahana
Rav Kahana
held that a shochet who's schechting
many animals he has to be bodek the
knife in between schechitas. Says the
Gemara "Kiman? Who does he hold like?"
Presumably Rav Huna. He held like Rav
Huna
and the reason he held you have to do
this is because if you're not going to
check and then you're going to find an
issue then all of them are going to be
tamei retroactively. So because of Rav
Huna's halacha he held like Rav Huna
that's that's why Rav Kahana felt that
the
shochet has to be bodek in between.
You're doing it for a concern that
retroactively you may have an issue. But
the Gemara who no it's not much that
that's where of kind of held you have to
do it, but rather maybe it was of his it
was
meaning you didn't say that you have to
check in between because we're worried
that if you would find a problem, it
would mean that the behavior you just
shocked it is an issue. He's not worried
about the behavior that you just shocked
it. It's just that you always have to
check a second before you do
so if you shocked in many animals, you
have to shock simply for the next not
for the previous get about the previous
I'm worried more about the next but the
one who says
keep on maybe so If he was saying that
you need to do a for the next one, then
it's not enough to just be by you have
to do
because that's the the is is that you
have to go to a before you shock and you
have to show the the second and make
sure it's a good second. So if it's more
a concern to make sure that nothing
developed at the time of the
that's where of kind of was addressing
so that anybody could do that. But if
you're worried if this is more about the
next the next is a whole you have to
conform with. If kind of didn't seem to
say that if kind of was
because doesn't sound like you needed
because
so the says
that the truth is that you don't never
need a to check the second. You know
why? Because what are we dealing with?
It's the
what's
very important actually here. When do
you need to in the first
so when I can go into this now but the
point is is that you know it's a
question of
it comes to
it
the says
so I don't understand so then why do you
ever have to show it to a
if if there's a concept of
then why do you ever show it to a I mean
you're right it's good
I know what the answer is it's based on
that
the only reason you ever show it to a
is to give cover to the really you
shouldn't have to show it to a
this should never have to go to a and
say rabbi is this okay? Why not? Because
anybody is
for
the reason you have to show it to a
is just to give cover to the so
ordinarily before
you go you give cover but if you're just
15 animals so what in between each
animal to go to give cover to the that
already don't have to do so
between not for retroactive maybe if you
held like
but it's not maybe
I'm not worried about what happened what
happened is water under the bridge now
that I have a
it's more about moving forward I'm
moving forward that don't have to go to
a that's before you do your first to to
give cover to the but if you're going to
have an assembly line where we're
knocking out
in that case you don't have to go in to
and give it to
excel so before we go to the next which
is another classic just a little bit of
read as it relates to the end of
yesterday's
and the beginning of this morning's so
the
mentioned a very important principle
it's a principle that governs many of us
in many areas in
and that is
so we know that anytime there's a so
we know that anytime there's a
something's then it's
it's self-explanatory if it's
it's sometimes there's an need to be but
what is what do you have a I'm not sure
is this is this
so there's a whole
some of the more difficult complicated
super
in
address how you deal with a situation
when you have a
is it a
or you go to the sheet is only
even so
the holds
you can go whatever you can go something
you can go
then there's something called a
and then you have
you have different types of you have you
have so how many do you have
all of
then you have you have
there's so many
needed base
but so stuff
and some of the so in Shas deal with how
you address a Safek. So, the short
answer is very, very complicated. That's
all when you're dealing with something
that is merely a question of Issur
Heter. Can I eat it or can I not eat it?
However, what came what emerged from the
Sugya that we learned is that when the
Issur at hand also involves an element
of Sakana, over there it takes on a
whole different Shulchan Aruch. And the
context in which the Gemara said it is
that even though ordinarily, for
example, if you had an animal, you did a
kosher schechita, and then later it was
not allowed a Safek that maybe the
animal is a treifa. Why? Because as the
animal stuck its teeth into the benei
mayim and shema be makom nekav nakav.
And the chazaka there the chazaka
halacha that we would assume that the
animal for sure the meat is kosher. Why?
Because being that there was a valid
kosher schechita, chemed beheima al
kasher kasher, that it was be chezkas
schechita unless you know for sure that
there was an issue. That's all true, you
can rely on chazaka when you have a
Safek Issur. But let's say you have a
Safek whether this drink that's in front
of you or this fruit may be a shayla of
pikuach nefesh. Maybe if somebody eats
this lay lay no who knows what could
happen to him. So when it's a question
of Safek Sakana, then you can't rely on
chazaka. And we're concerned like the
Gemara said shema be makom nekav nakav.
So that proverbial Safek which seems a
little far fetched, we even have to be
worried about. What do you mean? There's
a chazaka that there's there's no um
megulim, there's no arrest, there's no
poison. It doesn't matter. You can rely
on chazaka when it comes to a shayla of
Issur, but you cannot rely on chazaka
when it comes to a shayla of Sakana.
Why? Because chamira sakanta mei issura.
The Darkei Moshe in Yoreh De'ah Siman
Kuf Tes Zayin discusses what happens if
you have a question of Sakana and the
davar shel Sakana got mixed up in a
taruvah. So for example, if you have a
taruvah of basar be chalav. Like so that
should give you a chazaka gamur. The
Torah says it three times. Once to tell
me there's an Issur Achilah, twice to
tell me there's an Issur Achilah, and a
third time to tell me that it's even
assur b'hana. What is basar b'chalav
mean? If you cook basar b'chalav
together, it's a problem. Stated that if
proportionally the ratio between basar
to chalav or chalav to basar is such
that one is mevatal the other ones, then
there's no problem. If you have shishim
times basar k'neged the chalav or
shishim times chalav k'neged the basar,
sugiyos that we're going to learn
b'ezras Hashem at the end of the
masechta, so then the halachah is you
have nothing to worry about because we
say bitul b'rov, bitul b'shishim. So if
you have taruvos of shishim, nothing to
worry about. We know that Chazal said
you're not supposed to eat fish and meat
together. Why not? Not because it's
assur, but because of sakana. Chazal
believed that there was a sakana of
eating fish and meat together. Thus it's
an issue. Shteil zach a shaila, what
happens if somebody cooks fish together
with meat and he realizes afterwards,
and it would be so there's a taruvos.
But there's shishim of basar k'neged the
dagim or there's shishim of dagim
k'neged the basar. Do you say bitul
b'shishim? I mean, that's taruvos 101.
What about when it comes to this? Says
the Ramah Darkei Moshe
it's in Siman Kuf Tes Zayin in Hilchos
Ma'achalei Yom Tov
that even though there's something
called bitul b'shishim, when it comes to
issur, when it comes to a question of
sakana, you don't say bitul b'shishim.
Why? Because the Gemara says in Chulin
Daf Yud Beis Amud Beis, our sugiyah,
chamira sakanta me'issura. So that
although it's true you can go
based on a bitul as it relates to a
question of issur, but when it comes to
an issue of sakana, there not. And the
Taz brings the Darkei Moshe, he brings
from the Yam Shel [ __ ] not everybody
agrees with this Darkei Moshe, but it's
the Ramah. So the Ramah's psak was that
even though bitul b'shishim, that's only
when it's a question of issur, but
chamira sakanta me'issura. Thus when it
comes to a question of sakana, you do
not say the halachah of bitul b'shishim.
So let me ask you another shaila. What
about a sfek sfeka? What would be the
halachah if you have a sfek sfeka? Not a
safek sakana, but rather you have a sfek
sfeka of sakana. What would be the
halachah over there? The truth is it's
in the Pri Megadim. The Pri Megadim in
Orach Chaim Siman Kuf Ain Gimel from all
places. The Orach Chaim discusses the
Pri Megadim discusses it and says the
Prima Godden, I think it's totally in a
wondrous shiva that in Yeshiva we
learned in base where the Gamara
discusses how exactly faker works. Does
faker work more in the realm of it's
just a bigger suffix so to speak or
there's a famous shita in the post game
that the way faker works is me time
right. Says the Prima Godden without
getting too that in depth that it's more
in the Gamara
he quotes our Sugya that even though
when you have a narrow when you have a
suffix you can rely on but when you have
a suffix
you can't rely on
so
can't be
when there's a suffix
if there's a question is it kosher or
non-kosher rely on a
but if there's a question that this may
harm you there's a
whether you're not allowed to rely on
what about a faker so says the Prima
Godden if faker works me time right then
maybe I can hear it side to be
why because we know the Gamara says
so although you see in
that
can't be
a
suffix it doesn't mean that can't be
because
so says the Prima Godden if faker is me
time right then he quotes the issue in
base then maybe I can hear it if faker
is not me TIME RIGHT THEN HE DOESN'T
want to hear it so much but the bottom
line is that
discuss different applications of how
you treat a suffix what was our our
Gamara is that if you have a suffix
you can't use a
to go be on the cool what about
so that's the
Ramah
what about a faker that's something that
the Prima Godden discusses in
the and in
not in
it's in
either way there's a lot of different
directions we can go with this but I
thought it's it's
to speak out a fascinating true
as it relates to Hamira Sakant and all
many true that were written by Gidalia
Israel by the grace of Poiskin as it
relates to this just to see how they
apply the principle of Hamira Sakant and
how they treated it differently than you
would treat a regular question of Safek
is the heter and that is a true
from the Munkatcher Rebbe the Minchas
Elozer. The true is in Chelek base it's
in Siman Ayin Vav and the question that
was presented to the Minchas Elozer was
as follows. There was a woman who had
gotten married three times and all three
of her marriages ended unsuccessfully.
She was a young woman and the shaila
that's presented here in the true is as
follows. She gets married this woman
does she had children and her husband
died while he was a a young man. So she
got married a second time. The second
husband turned out to be a bad guy who
America who
she
finally he he left her for a short
period of time eventually he was willing
to get to give her again. Then she got
married a third time and this third
person that she got married she had
children with again and this person
again was
today she's a young woman the Minchas
Elozer says she's not even 50 years old
she's an Ishas Chayil Chashuva Tznua who
both been married
and she came to me
so
sad and she wants to get married and she
knows she's technically a Katlanis
because she buried two husbands and
being that two of her husbands died
Machlokes Rebbe and Rebbe Shimon ben
whether Katlanis is established by a
woman burying two husbands or three
husbands we go with Chumra of course
like Rebbe and as a result she knows
she's a Katlanis so she came to the
Minchas Elozer and she wanted to know is
there anything you can do for me is
there any way you can find me a heter
I'm a young woman I want to get married
and the
Elozer wrote a beautiful true but a very
long true but it's 10 pages long and
there's a a tremendous amount of
brilliance and and one this specifically
as it relates to what we're talking
[snorts] about right now. Now just from
going through the true for you see a few
things. There was some mitigating
factors but nothing that made the Min
lose a comfortable to go and
emphatically issue a
a heter. Number one, one of the husbands
had died during the outbreak of typhus.
The Ramah says in Hilchos Ishus Even
Ha'ezer Siman 10 that if a man dies
machmas dever or
makas medina where there's some sort of
outbreak where the whole city died so
then it doesn't fall into the realm of
katlanus. Katlanus would mean that this
woman there's something about her that's
causing her husbands to die. But if the
whole shtot died then obviously it's
nothing to do with her, right? If a
woman lost a husband by the Holocaust I
mean that would make her a katlanus. Of
course not. It wasn't her mazel. It was
it was the it was the situation. And
it's a pshat in the Ramah. The Ramah
brings it in Hilchos Ishus when he
discusses the laws of katlanus. So the
Min said that you know certainly a
mitigating factor the fact that this man
died during this typhus outbreak. But he
said that really if you go through the
Ramah and the poskim there's very
technical criteria that you have to meet
in order for it to be considered a dever
and a geifa. And he didn't believe that
it met those technical criteria. Another
mitigating factor that the Min threw out
there but at the end of the day he
wasn't comfortable with and that is the
Rosh. So do it. The Rosh says that the
law of katlanus only applies if a woman
loses two husbands. What if a man loses
two wives? So then you don't say the the
law of katlanus. Why not? Because the
Gemara says that why is it that a
katlanus is not allowed to get married?
The Gemara gives two reasons but the
reason that stands
the halacha is mazel godel. We're
concerned that maybe there's something
about her mazel. Says the Rosh it
doesn't mean her mazel. What what which
what part of her mazel are we worried
about is dictating that somehow causing
her husbands to die. Says the Rosh it's
the mazel chazal say bonay chayi
u'mezoni. It's the mezoni mazel. It's
the fact that women usually rely on
their husbands to support them and her
mazel is not to have mezones. Probably
she has a husband who's a successful
guy. So what's happening? He has to die.
That's the only way for her mazel of
mazel
to play itself out cuz it's not
for her to be a balance of mazel. It
says the Russian
he wrote this in the truth of the matter
brings this law law.
And that is that a woman who relies on
her husband for parnossa, so that is a
law of
but a man who doesn't rely on his wife
for parnossa usually, so they not going
to have the law of
so it says the
that this woman was an
in the sense that she was a balance
parnossa. So, really there would be a
mitigating factor where maybe you can
argue and you can say that being that
she has parnossa, so just like the Rush
said there's no
from a man when he loses his wife, so
maybe this woman who lost her husband
shouldn't have the law of either but the
said he wasn't comfortable. So, there
were two mitigating factors that at the
end of the
I have to give it away. He'll be
but he doesn't wasn't comfortable with
that. That wasn't enough for him to
issue a So, what do we do with this
woman? We want to help her out. Said the
that end of the day he found two
two coolers not
mitigating factors where he was a little
bit more comfortable. And that the first
one is the
The
is also here in
where the says
this is
one line. Says the says the what would
be if a woman got married, lost a
husband, then got married and everything
was fine. Maybe there was a death or
something else happened. And then got
married and again the husband died.
Would she be a
or maybe being that it was a relatively
successful marriage in between the two
so maybe that would be enough to knock
out the
maybe over there you wouldn't have this
He's not sure. Says the this is exactly
what happened over here. So, you're
looking for a to be make I found a
I found the a
and
at first glance this
would definitely seem like something you
could rely on. Now, the truth is that
there is a a sheet of Rashi Rashi in the
end of the first paragraph of Masochist
Yevamos for those who don't know this
Rashi. We we spoke about many times when
we learned Yevamos. Where Rashi says an
unbelievable chiddush that just like
there's a halacha of Katlanus with a
woman that loses her husband, there's
also a halacha of Katlanus for a woman
that gets divorced. A woman that gets
divorced divorced twice, Rashi's shita
is is not supposed to get married a
third time because there's a halacha of
Katlanus. Now, we don't pasken that way.
It's brought down in halacha as a issue
in Shulchan Aruch. Now, according to
that shita, there was no sayruga over
here. To the contrary, not only is it
not a sayruga, she's a Katlanus
according to Rav [ __ ] Gamzu because
one husband died, the other husband got
divorced, and then the third one died
again. So, question So, certainly
without a question that wouldn't be a a
sfek sfeka. But again, it's all based on
the fact that we don't pasken like
Rashi, and it's not something that we
work with halacha. And being that we
don't work with halacha with this Rashi,
so it's based on that. It's poshut say
the Minchas [ __ ] What you're left
with then is a sayruga. And being that
sayruga, maybe you can rely on this
be'er heitev. The second thing he said
was the Sefer Chassidim. And the Sefer
Chassidim is in tuf ain ches if you want
to look it up. And he's just talking
masechta Yevamos. It's a fascinating
discussion. Unfortunately, we're not
learning the shita of Katlanus now.
We're learning Hakol Shaveh, right? But
>> [laughter]
>> But the point is he mentions Derech Agav
the Sefer Chassidim says something about
Katlanus, but says the Minchas [ __ ]
let's be medayek with [ __ ] as of the
Sefer Chassidim the way he presented the
law of Katlanus. He says as follows,
"Isha, a woman with shlishi oylerin v'ee
lo yitinasu." Meaning, if two of her
husbands or three of her husbands died,
markidesley markidesley Rebbi and Rav
Shimon ben Gamliel should not get
married again. "Im meisu ba'aleha zeh
achar zeh,
if the husbands died one after the
other, l'achar shebo aleha ummeisu belo
banim." That's the punchline. And they
died without children. Says the Minchas
[ __ ] "I see a gevaldige chiddush. I
see that the Sefer Chassidim held that
the only time there's a problem of a
Katlanus is if the man died without
children. But if the man died and left
over children, so then there's no
halacha of Katlanus. He says a very big
chiddush. I didn't see anybody say it,
but I also never found anyone that
should say to the contrary. So, if Rebbe
Yehuda Chassid, one of the Rishonim said
it, and nobody said to the contrary, and
to me that means this is this is real.
So says the Ben Ish Chai Azulai, I have
two real s'varos to be matir this woman
to get married. Number one, I have the
Be'er Heitev. The Be'er Heitev said yesh
la histapek if it was a rugan, maybe you
don't have the halacha of Katlanus.
Be'er Heitev himself wasn't sure. And
then I have a Sefer Chassidim who seemed
pretty sure, and I don't even know
anyone that argues with the Sefer
Chassidim. So he says this is more than
just a safek, this is like a real
tzaddik, because nobody argues with it.
So l'chumra, you have two s'varos to
allow this woman to get married. So
based on that, this is the first two
three columns of of Tshuvas Minchas
Elazar, where he feels that maybe we can
figure something out to help this woman
who came b'mar nefesh, and she's she
wants to get married so badly. I think
this may be an eitzah. She's a Katlanus
without a question. But at the same
time, there are two s'varos in Gedolei
HaPoskim maybe to allow her to get
married. But here's the question. Says
the Minchas Elazar, could you rely on
two s'veikos to allow this woman to get
married? What we're going to call a
s'vek s'veika in din? Right? It's not a
s'vek s'veika in metzius. But it's a
s'vek s'veika in din. Maybe the Be'er
Heitev is right in one of his s'varos
that if it's a rugan that she's not a
Katlanus. Maybe the Sefer Chassidim's
right that if the man dies with
children, so you don't have the halacha
of Katlanus. So essentially you have is
two s'veikos, right? Two s'varos to be
meikel. It's I guess a s'vek s'veika.
S'vek s'veika in din. Could you rely on
a s'vek s'veika? So the Minchas Elazar
said to him, it's a primagada. And the
primagada wasn't sure. Primagada said
I'm not sure. What do you mean? I
thought you always rely on s'vek
s'veika. I mean s'vek s'veika, this is
halacha s'veika 101. Yeah, that's when
it's a question of is it b'heved. But
over here we're dealing with sakana. And
the Gemara says "Chumra d'Yud chamiros
d'chamtamei sura." I mean a chumra
d'chamtamei sura, maybe over here it's
going to be different. Maybe over here
you will not be able to rely on it. That
was the
says the
that the truth is I don't even
understand the
I think we have to be
so at this point it's not looking good
for this woman. I think we have to be
and and he's
he doesn't understand
he says I'll prove it to you. Everybody
knows the
it's in the end of
what happens if a
wall falls down on
and we're not sure we think there may be
somebody underneath that wall. So the is
that even though removing the bricks and
doing what we need to do to possibly
save this person would involve that
the
fact and all of us
a member gets a call on doesn't ask
questions he goes on the call. Why
because that's the something
that
is everything. There's nothing to talk
about. And the when it speaks out what
may or might may not be underneath the
wall the
many possibilities. There may be nobody
there. Even if there's somebody there
may be dead. And even if the person's
alive maybe he's not a Jew. So maybe
he's not even someone for whom the is
it doesn't matter. Because being that
we're discussing
that
you can bring
that if THERE'S A SMALL SAD
WE'RE GOING TO BE
SO
WHAT WAS THE
you have a question over here should I
drink this glass of water or not there
may be a
maybe a question of that this. So you'll
tell me okay but IT'S A MAYBE YEAH MAYBE
NOT. You have ANOTHER
YOUR THUMBS ARE flying all over the
place. You're coming up with a hundred
different reasons. At the end of the day
it's a because of that this. If you can
be
because maybe because of that this then
it's possible you have to be
when it's maybe because of that this.
You see from the
of the fact and all of us
clearly that if there's any because of
that this in the world that is that
because of that this is going to it's
going to trump. That's what's going to
take precedence. So if they come to the
side, "I don't understand parshas shavua
and the pri megadim." And he comes and
now he looks at the pri megadim. Says
it's not a question that you can't rely
on a sfek sfeka when it comes to a
question of sakana. So if that's the
case, said the Minchas [ __ ] "Even
though I came up with mitigating
factors, and I came up WITH TWO REAL
SVAROS TO BE mevareir hateav, that was
be seif Ruvain and the seif Shimon
Yitzchak who says that the two children
as a result is no longer a problem. It's
very nice have a sfek sfeka, but sfek
sfeka be mevareir katalanus. It's a
shaila of picuach nefesh. So with a sfek
sfeka be mevareir katalanus, how are we
going to get out of this?" And then the
Minchas [ __ ] says a davar nifla. He
says, "You know what the perush says?"
The Rambam.
Which Rambam? The Rambam has a very
mechudeshes
when it comes to katalanus. We know the
halacha is a woman that's married twice,
two husbands died, according to Rebbe
three times, according to Shimon
Gamliel, she's not allowed to get
married. It's a halacha l'maaseh. What
happens if she got married? Let's say
this woman got married chuppah kiddushin
Moshe v'Yisrael. They got married and
then they split up. And then after
there's something called katalanus. She
they weren't aware of this. They had no
idea there's something called the
katalanus. Or they knew and whatever.
They got married. SO THE QUESTION is how
do we force them to get divorced now or
do we not? Now if somebody marries a
chayvei lavin, a mamzer or something, of
course you would have to get married.
Koifin. That that's not even a question.
They're not allowed to stay married.
We're going to force them to get
divorced. But this is not a question of
issur. So the question is koifin or ein
koifin? Says the Rosh in the P'nei
Menachem
that a woman with the halacha is koifin.
Why? Because the Gemara says a chulin
daf yud amud aleph, "Chamira sakanta
mei'issura." So madrei'cha if it was a
question of issur, the halacha would be
koifin. We'd force the man to give a
get. So certainly if it's a shaila of
sakana, when it comes to katalanus, you
know what chazaka when it comes to
sakana? Right, SAKANA IS SO MUCH MORE
CHAMUR THAT THE GEMARA SAYS YOU DON'T
SAY BITUL B'SHISHIM when it comes TO
SAKANA. SO CERTAINLY if sakana is more
chamur, "Chamira sakanta mei'issura."
Therefore the halacha is going to be
you're going to force them to stay
married. The Rambam says that anyway.
The Rambam says the halacha of katalanus
is on the katila level. The katila
person is not supposed to marry a
katalonus. But b'dieved, let's say a
person married a katalonus, the halacha
is they could stay married. And the
question is why? What happened to
chamira de kande misura? So believe it
or not, this question was asked to the
Rambam himself. And the Rambam wrote a
teshuvah. The Rambam wrote a teshuvah,
he responded to the people that were
questioning his certainly very novel
psak, that katalonus is only under the
katila level, but b'dieved let us stay
married. The teshuvah is printed, it's
printed in the Kesef Mishneh in the end
of Hilchos Issurei Bi'ah. The problem is
a little suss. It's a little bit unclear
what exactly the Rambam meant. But we
have a teshuvah of the Chasam Sofer. The
Chasam Sofer in the teshuvah Even
Ha'ezer siman chaf gimmel.
Do we speak of the Chasam Sofer here
this week?
>> [laughter]
>> The Chasam Sofer in the teshuvah Even
Ha'ezer siman chaf gimmel chelek aleph.
So he brings this Rambam, and he says,
"I'm going to tell you what the Rambam
meant." U'v'tshuvah Bi'ur Ha'Rambam.
Listen to this. This halacha that a
katalonus is not supposed to get married
is einai eved l'mandei kafdei. Someone
that's a kafdei. Someone that's worried.
Someone that worries a lot. A person
like that, kafdeinan b'chavedei. He
needs to be worried. And as a result,
he's not supposed to get married. Listen
to this. The Rambam held that if
somebody goes to a rav and they ask a
shaila, "Rabbi, I was red a shidduch,
right? The the she wants TO KNOW, COULD
SHE GET MARRIED?" And he wants to know,
"Can he get married?" So obviously he's
a little bit concerned, cuz otherwise he
wouldn't be asking the shaila. So we
tell him, "Don't get married." You know
why? Because if you're a kafdei, mandei
kafdei kafdeinan b'chavedei. And
therefore you need to be worried. So we
tell you stay away FROM IT. BUT WHAT
HAPPENS, SAYS THE CHASAM SOFER, this is
the way he explains the Rambam. IF THIS
PERSON GOT MARRIED, THEY HAVE NO KAT
WHAT? KATALONUS mazel gadol. It's it
doesn't resonate BY THEM. THEY FELT,
"NO, I have no problems. I have no
problem getting married." And then, so
what do you see? They don't care. That
means they're a light kafdei. Are you a
light kafdei? Light kafdeinan
b'chavedei. You have nothing to worry
about. You could stay married. Notice
the Rambam held that the issur of
katalonus, when the Gemara says mazel
gadol, it's not a real thing. It's not a
real ein shomei'a l'kol ha'olam in
Sha'alos U'teshuvos Chasam Sofer. It's
you have to see it. It's dvar halacha.
IT'S NOT REAL. And even though the
Gemara says mazel garden, it means
because people very often get anxious,
they get worried when it comes to these
types of situations. So, if someone
that's a kometz kometz in a b'chadei,
but someone that's a light kometz, light
kometz in a b'chadei. Now, this term
mande kometz kometz in a b'chadei, mande
light kometz light kometz in a b'chadei,
it's a borrowed term. It comes from the
Gemara in Maseches Pesachim daf kuf tes.
And the Gemara over there is talking
about zugos, right? Once upon a time you
weren't supposed to do things in pairs.
You have to drink two cups of wine.
Right, that's why we drink dalid keisos.
Right, I mean we drink dalid keisos
connected to the dalid she'einos of
Geulah. But we drink that's what comes
in an arvis pesach. We drink dalid
keisos that to show that it's lo
sh'murim and amezikim, we don't have to
be worried about zugos, about dvar
hamatik. But but the point is is that
once upon a time there was something
called zugos. If you did If you had two
glasses of wine two shots of Right?
So, they make sure you have a third.
That's what you're supposed to do.
That's the Gemara tells the story,
right? There was a person who was
sitting in a kretchma somewhere, and he
had a few shots, his head started
spinning. He says, "Give me one more
shot." Then his head stopped spinning.
>> [laughter]
>> Hashtag kiddush club.
It was spinning counterclockwise after
the next shot. Yeah, but anyways,
[laughter] but but the point is Right,
there's something called zugos. So, the
Gemara says you have to be worried about
zugos? The Gemara says very simple. If
you're worried about zugos, you have to
be worried about zugos. Mande kometz
kometz in a b'chadei. Or mande light
kometz light kometz in a b'chadei. It
says it about iron heart, about other
things. But really Chazal said it about
zugos. That's what Chazal said it. The
Chasam Sofer is borrowing that
terminology. U'v'tshuva Be'er Hagolah, I
mean he didn't say this. U'v'tshuva
Be'er Hagolah, at least the K'sam Sofer
doesn't quote it that way. U'v'tshuva
Be'er Hagolah she'eino elo lemande
kometz kometz in a b'chadei. BORROWING
THAT TERM. SO, SOMEONE THAT'S worried
about katzvones the mazel garden has to
be worried about the the mazel. But
someone that's not worried about the
mazel garden need not worried about the
Ma- That's what the Rambam said. Like
you ask a shaila, yeah. Then of course
it's something you have to worry about.
If someone is asking a shaila, clearly
the person is conservative. If the
person is not asking the shaila, then
this person does not have to be
concerned. Says the Minchas Elozar. Says
the Minchas Elozar. If that's the case,
it comes out that there's really no
problem with the Katlanis getting
married unless the person is worried. So
he says, "I'm comfortable issuing a
psak." And here's the psak.
The Minchas Elozar went up to the woman
and said, "Listen, really there's
something called Katlanis. But at the
same time, and in in the Halachic world,
this would not be an issue. It'd be a
good point cuz it's a sfek sfeka. I have
two real stardam to be meikel. And sfek
sfeka permeates Halacha. It's always
something you can be meikel. It's not a
sfek sfeka in metzius, it's a sfek sfeka
in the What are the two dinim that
establish the sfek sfeka? Maybe the
Halacha is like the one side of the
Be'er Heitev that if it's a seruga, it's
not an issue. Maybe the Halacha is like
the Sefer Chassidim and being that you
have
children from both of your husbands, so
this is not a problem. Ner fos chamira
sakanta mesura. But it's only chamira
sakanta mesura if she's going to be
worried. Said the Minchas Elozar, "Once
I tell her that it's a sfek sfeka, I
don't think she's going to be worried
anymore." Isn't that a classic case of
What's a classic case of Katlanis? Where
a woman knows THAT THERE'S SOMETHING
CALLED KATLANIS, SHE CAN'T GET MARRIED.
BUT IF THE RABBI TELLS HER IT'S FINE,
it's okay. I don't think you HAVE TO BE
WORRIED ANYMORE. I DON'T HAVE TO BE
WORRIED ANYMORE that there's nothing to
worry about. Like the Ram Shita said,
"Well, kedai Ram lismach kol and that
was the psak that he said." He brings a
teshuva from his zeideh, the Chayei
Adam,
the Tzanzer Rav, that the Tzanzer Rav in
Even HaEzer chelek beis siman chof vov
who brings a similar shaila where there
was a question of a Katlanis and he said
that his grandfather, Rabbeinu Tam,
holds like Rabbeinu Tam Shita. The
zeideh of the Minchas Elozar and the
zeideh of the Divrei Chaim that the
Rabbeinu Tam Shita said that if the rav
of the city is going to pasken that it's
okay for her to get married, she can get
married. She doesn't have to worry about
Katlanis. Said the Minchas Elozar,
"What's the psak?" He says, "You know
what the psak is? It's this Rambam.
Because if she hears from the rabbi that
it's okay to get married, she won't be
worried. She's not worried, there's
nothing to WORRY ABOUT." THE WHOLE issue
of Katlanis, the mazel gorem is all to
the extent that this person is a kofer.
So it's mande kofer kapdei na ba'hadei.
But mande lo kofer, lo kapdei na
ba'hadei.
We ran out of time. We'll have to stop
here.