Showing posts with label bittul. Show all posts
Showing posts with label bittul. Show all posts

Thursday, June 18, 2009

Pigs in the Future

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Our Gemora states that ma’aser sheini produce is regarded as something that will otherwise become permitted (since it may be eaten in Yerushalayim, or it can be redeemed), and there is a principle that any item that will eventually become permitted is not nullified even when intermingled with a thousand items of its like.

The Rishonim disagree regarding a food item that the Gemora is uncertain if it is forbidden or not and it remains unresolved. The inquiry will remain in that state until Eliyahu Hanavi clarifies it for us. The Ohr Zarua maintains that this is regarded as “something which can become permitted,” since there is a possibility that Eliyahu will say that it is permitted. The Rashba disagrees and he explains: If Eliyahu will decide that the food is forbidden, it will emerge that this item will never be permitted. If he will rule that it is permitted, it actually was never forbidden. Either way, he argues, it cannot be labeled as “something which can become permitted.” The Bach cites a Mordechai that it is not considered “something which can become permitted,” for by the time Eliyahu will permit it, the food will be already ruined.

The Chasam Sofer cites the following question from the Rav in Frankfurt: Chazal write that a pig is called a “chazir,” for in the future, Hashem will reverse the prohibition of the pig and it will be permitted. If so, according to those Rishonim, pig should be regarded as “something which can become permitted”?

The Chasam Sofer answers based upon that which was written in the Toldos Yitzchak: The Torah forbids animals that do not have split hooves, or those that do not chew their cud because those animals are naturally conceited; they trample with their feet and they have a poison inside of them, which is extremely dangerous for a Jew to eat. The animals that do not digest their food easily and they are compelled to chew their cud; those animals are permitted to eat.

If so, explains the Chasam Sofer, there will be no change in halacha regarding the pig. It was forbidden and will remain forbidden. Rather, Hashem will change the nature of the pig and it will begin to chew its cud. That is why it will be permitted then. Accordingly, the only pigs that will be permitted then, are those that will be born after this change occurs; however, the pigs that were in existence prior to that will remain forbidden. This is why a pig is not classified as “something which can become permitted.”

Something that can become Permitted
(Davar she’yeish lo Matirin)
The Mishna states: If one makes a neder prohibiting himself from wine, he is permitted in cooked food which has in it the taste of wine. However, if he said, “Konam this wine that I will not taste,” and it fell into a cooked dish, if it contains enough to impart flavor to the entire mixture, it is forbidden.

This would imply that if there is not enough to give flavor, it would be permitted. The Ra”n quotes his teachers who ask the following: Something which is forbidden on account of a neder is “something that can become permitted” (davar she’yeish lo matirin), and we have established that anything that can become permitted is not nullified even in a thousand!?

They answer that when we say that it is not nullified even in a thousand, that refers to something that has been mixed with its own kind. But here, when it says, “and it became mixed,” it is referring to something else that is not the same kind, like the case of eggs that were cooked with it. Anything that is mixed with something else that is not its kind is permitted, provided that it does not give flavor, even if it is “something that can become permitted.” The Ra”n cites proof to this from a Mishna in Chalah and a Yerushalmi.

They, therefore, objected to the statement of the Ri”f in Meseches Chulin concerning bread that was baked in an oven with roasted meat. The Gemora states that it is forbidden to eat it with a dairy sauce even though it has been established that we are not halachically concerned with vapors. The reason it is forbidden is because the bread is “something that can be permitted,” since one may eat it together with meat. For that reason, it is not nullified, even in a thousand. It is evident from the Ri”f that he maintains that “something that can be permitted” is not nullified even in something that is not its kind.

The Ra”n, however, agrees to the Ri”f. When the Mishna here says that “something can become permitted” becomes nullified in something that is not its own kind, that is referring to something that is forbidden now, but will become permitted in the future, like nedarim. For the Ra”n has the following question: Since according to the Chachamim, all forbidden things become nullified in their own kind just as in a different kind, why did the Chachamim make a distinction in the case of “something that can become permitted,” between its own kind and a different kind? The reason is as follows: The Chachamim and Rabbi Yehudah disagree whether or not something can be nullified in its own kind. Rabbi Yehudah maintains that a forbidden item is not nullified in its own kind, because anything that is similar to another thing does not weaken and nullify it; rather, it preserves it and strengthens it.

The Chachamim disagree and hold that a forbidden item and something which is permitted are not similar to each other, even if they are the same kind. This is because one is forbidden and one is permitted. For it is not fitting to follow the similarity of their substance, but rather the difference in their being forbidden and permitted. It is for this reason that the Chachamim learned concerning “something that can be permitted” for the sake of being strict towards the opinion of Rabbi Yehudah. For since the forbidden item is not completely different from the permitted one, because the forbidden one will eventually become permitted, we say that it is not nullified in its own kind. It will only become nullified when mixed with a different kind, for the difference that exists between one kind and another will make up for the equality that is added here because it is “something that can be permitted.” It is the difference between kinds that is the cause of nullification, and equality interferes with nullification.
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Sunday, December 21, 2008

Born into a Mixture - Kiddushin 64

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The Mishna states: If a man has two sets of daughters by two wives, and he declares, “I have given my elder daughter in betrothal, but I do not know whether it was the eldest of the elder group (the first marriage) or the eldest of the younger group (the second marriage), or the youngest of the elder group, who is older than the eldest of the younger group,” they are all forbidden, except for the youngest of the younger group. This is Rabbi Meir’s opinion.

The Makneh asks: Why are they all forbidden? Let us apply the principle of “following the majority”! We should say that each one of these women came from the majority of women that are permitted!?

He answers based upon the following opinion of the Mordechai: We say that something becomes nullified in a majority only when it was once recognized, and afterwards it became intermingled with others. However, something which was created in a state of mixture, it is not possible for it to be nullified by the majority. In our case, we never knew which daughter he was referring to and therefore they will all be forbidden.

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Wednesday, December 17, 2008

Nullified Metzora Bird

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The Gemora (Kiddushin 57) had stated: One verse comes to include the metzora bird that is set free in the category of permitted birds. Another verse comes to include the slaughtered metzora bird in the category of forbidden birds.

The Gemora asks: Perhaps it is exactly the opposite!?

Rava answers: It is not logical to assume that the Torah said that the bird should be sent away in a matter where it will create a stumbling block (for if this would be the bird that is forbidden, someone might mistakenly find this bird and eat it, for there is no way to recognize that this was a metzora bird).

The Acharonim ask: What stumbling block would there be? The metzora bird will become nullified because of the majority of birds in the world that are permitted!?

The Shaar Hamelech answers: We are concerned that someone will find the metzora bird before it intermingles with other birds.

The Peleisi answers: The halachah is that if there is one person in the world that recognizes the forbidden item, it is not nullified, even for the people who do not recognize it. Accordingly, we are concerned that a person will be standing on the top of a mountain and will see where the metzora bird went.

Reb Shimon Shkop answers that the principle of nullification does not apply here, for all the birds in the world are not intermingled with each other in one location; rather, they are all scattered about. And even though it will be permitted, for we follow the majority and say that this one came from the permitted birds, the metzora bird does not lose its prohibited status and will therefore still be considered a stumbling block.

The Chasam Sofer answers that we are not concerned with the finder, for he will not violate any prohibition. We are concerned that the sender will violate the prohibition of outrightly nullifying a prohibition.
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Friday, August 10, 2007

INTERMINGLED CHILD: WHICH FATHER SHOULD HE HONOR?

Shmuel states that if one Kohen from a group of ten Kohanim had relations with a woman who gave birth to a child, the child is considered a Shtuki. What does Shmuel mean that this child is a “Shtuki?” If he means that he is quieted from claiming inheritance from any of these ten Kohanim when they die, that is obvious! He has no claim, as no one knows who his father really is! It must be that Shmuel means that he is quieted from proclaiming himself to have the laws of a Kohen.

The Gemora asks: What is the reason for this? The verse states regarding Pinchas’ gift of Kehunah, “and it will be for him and his children after him.” This implies that for someone to be a Kohen, his father must be clearly identifiable, something not present in this case.

In the sefer, Korban Chagigah it is written that the child would be required to honor each one of the fathers because honoring one’s father is a Biblical mitzvah, and in cases of uncertainty, we act stringently.

Reb Yosef Engel in Gilyonei Hashas asks: Why don’t the laws of nullification (bittul) apply? We should say that the majority of these men are definitely not his father, and he should therefore be exempt from honoring any of them.

He writes that perhaps the laws of bittul are not applicable by positive commandments. Additionally, he suggests that a person is regarded as being prominent, and therefore they cannot become nullified.
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Friday, July 20, 2007

A MAMZER WILL NOT SURVIVE - Yevamos 78 - Daf Yomi

Rish Lakish said: A mamzeres is permitted to marry into the congregation after ten generations. The Gemora cites the Scriptural source for this.

They asked Rabbi Eliezer: What is the halacha regarding a mamzeres after ten generations?

He said to them: If you would give me a third-generation mamzer, I will render him pure. (This scenario is not possible, because Heaven does not allow third-generation mamzeirim to be in existence, in order that the ordinary Jews will not unknowingly marry them.)

Rav Huna said: Mamzeirim do not survive.

The Gemora asks: But we learned in our Mishna that the prohibition regarding mamzeirim is eternal? It would seem that they do survive, and they have future generations.

Rabbi Zeira answers: Rav Yehudah explained to me the following: A known mamzer survives (since there is no danger of intermarriage with them or their descendants). An unknown mamzer does not survive. A mamzer that is known, but unknown (it is not common knowledge) will survive until three generations, but not longer (by that time, everyone will have forgotten).

Reb Yonasan Eibshitz explains: Up until ten generations, the strength of the father still exists in his descendants.

The Vilna Gaon states: A father and mother are equal partners in a child. A grandson would have twenty-five percent from the father. The third generation will have an eighth. The fourth will have a sixteenth. The fifth will have one thirty-second from the original mamzer. The sixth will have one sixty-fourth. The seventh generation will only have one out of one hundred and twenty-eight. The eighth will have one out of two hundred and fifty-six. The ninth will have one out of five hundred and twelve. The tenth generation will only have one out of one thousand and twenty-four from the original mamzer.

The portion of the mamzer that exists in the tenth-generation descendant has now become nullified. The Yerushalmi states that a berya, a complete creature can become nullified if it is intermingled among a mixture of more that nine hundred and sixty.

The Yerushalmi states that an unknown mamzer will not survive even for thirty days. The Aruch lener explains: This is only true when he is halachically classified as a mamzer (there were witnesses), but it is not public knowledge. Since he is forbidden to enter into the congregation, and people do not know this, there is a decree from heaven that he will die. However, in a case where there is a doubt if he is a mamzer, he will survive, because the halacha is that an uncertain mamzer is permitted to enter into the congregation. (Reb Elchonon disagrees with this.)

The Beis Shmuel (E”H, 2:18) cites a Sefer Chasidim who states that a mamzer will not survive twelve months, similar to a tereifah.
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