web analytics
October 21, 2014 / 27 Tishri, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Daf Yomi

Daf-Yomi-logo

Altered States
‘Examining A Bechor Is Not The Same’
(Beizah 27a)

The commentators ask why examining a firstborn animal to see whether it has a blemish – which will determine its future status – is different from examining the organs of a slaughtered bird or animal to determine whether it is a tereifah.

Rashi (s.v. “alma…”) explains that a ruling regarding kashrus is not comparable to mesaken (a “repair”). A kashrus decision only clarifies and confirms the halacha; the ruling does not establish a new status nor does it revise a food’s previous status. However, mesaken actually gives an object a new status. In the case of a bechor, the expert’s pronouncement actually renders the bechor permitted (to be given to a kohen).

 

What Is Forbidden?

The Taz (Orach Chayim 498:9) draws a different distinction. In the case of a questionable tereifa, the rabbi’s ruling is not so significant because he does not change the animal’s chazakah since an animal is presumed to have been born without a defect. Therefore, his ruling is not nir’eh ke’mesaken. In contrast, regarding a bechor (which is also considered to have been born without a defect), the established presumption is that it is forbidden for slaughter (outside the Beis Hamikdash) until we can prove that that it has developed a blemish. Ruling that a bechor developed a blemish alters the status of the animal and therefore is nir’eh ke’mesaken.

 

An Established Status

According to the Taz, there are certain halachic rulings that cannot be made on Yom Tov. Suppose that before Yom Tov one had a mixture of kosher and non-kosher meat that was forbidden because most of that mixture consisted of non-kosher meat. On Yom Tov additional pieces of kosher meat fell into the mixture, and a rabbi is asked to determine whether the mixture is now permitted because it might consist mostly of kosher meat. Since the mixture was initially forbidden, the Taz would not allow the rabbi to issue a ruling on Shabbos or Yom Tov to permit it since such a ruling would alter the established status of the mixture.

 

What We Have Seen

The Korban Nesanel (os 40) disagrees, arguing that he has seen numerous rabbis who issued such rulings on Yom Tov. Moreover, he cites the Terumas HaDeshen (siman 54, as cited by the Magen Avraham, Orach Chayim 323:14) who explicitly permits rabbis to rule in this manner.

 

A Bechor Is Different

Nonetheless, the Korban Nesanel agrees that one cannot permit a bechor on Shabbos or Yom Tov. He explain that an expert’s ruling on a bechor’s blemish is akin to a judgment in a monetary lawsuit (which the Mishanh forbids on Shabbos and Yom Tov) because it results in a transfer of ownership. The firstborn animal is initially in the possession of hekdesh, and through the expert’s ruling it is transferred to the possession of a kohen. This type of ruling is similar to a monetary judgment whereby, as a result of the judge’s ruling, the defendant pays money to the plaintiff.

 

A Word Of Caution

Even though the Terumas HaDeshen permits a rabbi to rule on whether bittul has occurred in a mixture, he says that directly causing bittul by intentionally adding kosher meat to a mixture is forbidden because that is certainly considered an act of mesaken.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The Jerusalem light rail train, crossing the Chords Bridge near the Central Bus Station.
Jerusalem Light Rail’s New ‘Zero Tolerance’ for Arab Violence
Latest Judaism Stories
God-and the world

The creation of the world is described twice. Each description serves a unique purpose.

Questions-Answers-logo

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

Lessons-in-Emunah-new

To the surprise of our protectzia-invested acquaintances, my family has thrived in our daled amos without that amenity, b’ezras Hashem.

Business-Halacha-logo

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

I, the one who is housed inside this body, am completely and utterly spiritual.

Should we sit in the sukkah on a day that may be the eighth day when we are not commanded to sit in the sukkah at all?

For Appearance’s Sake
‘Shammai Did Not Follow Their Own Ruling’
(Yevamos 13b 14a)

If one hurts another human being, God is hurt; if one brings joy to another, God is more joyous.

I’m grateful to Hashem for everything; Just the same, I’d love a joyous Yom Tov without aggravation.

Bereshit: Life includes hard choices that challenge our decisions, leaving lingering complications.

Rabbi Fohrman:” Great evils are often wrought by those who are blithely unaware of the power they wield.”

The emphasis on choice, freedom and responsibility is a most distinctive features of Jewish thought.

The Torah emphasizes the joy of Sukkot, for after a season of labor, we celebrate our prosperity.

The encounter with the timeless stability of the divine occurs within the Sukkot.

Hashem created all human beings and it should sadden us when Hashem, their Father, does not see nachas from them.

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

For Appearance’s Sake
‘Shammai Did Not Follow Their Own Ruling’
(Yevamos 13b 14a)

Daf-Yomi-logo

Being Overly Burdensome
My Sabbaths Shall You Observe’
(Yevamos 6a)

Chatzitzah And Its Applications
‘Greater Stringency Applies To Hallowed Things…’
(Chagiga 20b-21a)

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

An Astonishing Miracle
‘Why Bring the Infants to Hakhel?’
(Chagigah 3a)

A Blast At A Funeral?
“R. Hamnuna Came To Daramutha…”
(Moed Kattan 27b)

Untimely News
‘A Mourner Is Forbidden To Wear Shoes…’
(Mo’ed Katan 20b)

Discretion
‘Vendors Of Fruits And Clothing…May Sell In Private’
(Mo’ed Katan 13b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-126/2014/04/25/

Scan this QR code to visit this page online: