web analytics
March 26, 2015 / 6 Nisan, 5775
At a Glance
Judaism
Sponsored Post


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.

Current Top Story
Jon Karl of ABC asks White House Press Secretary, "Yemen is a model of US strategy?"
White House Insists Chaotic Yemen a ‘Model’ for Obama’s War on Terror
Latest Judaism Stories
Q-A-Klass-logo

Question: Must one spend great sums of money and invest much effort in making one’s home kosher for Passover? Not all of us have such unlimited funds.

Name Withheld
(Via E-Mail)

Rapps-Rabbi-Joshua-logo-NEW

Yachatz is not mentioned in the Gemara. What is the foundation for yachatz?

Grunfeld-032715

First, the punishment for eating chametz on Pesach is karet, premature death at the Hand of God.

Taste-of-Lomdus-logo

Why is it necessary to invite people to eat from the korban Pesach?

How was I going to get to Manhattan? No cabs were going, we didn’t have a car, and many people who did have cars had no gas.

Did you ever notice that immediately upon being granted our freedom from Egypt, the Jewish people accepted upon themselves the yoke of a new master – Hashem?

Why does Torah make the priests go through a long and seemingly bizarre induction ceremony?

Often people in important positions separate from everyday people & tasks-NOT the Kohen Gadol

You smuggled tefillin into the camp? How can they help? Every day men risked their lives to use them

Rambam: Eating blood’s forbidden because connected to idolatry;Ramban: We’re affected by what we eat

Rambam warns that a festival meal without taking care of the needy isn’t fulfilling simchat yom tov

Nothing beats some preparation to make it a memorable Seder!

These four parshiyos are viewed as steps in a progression toward Pesach, the Yom Tov of teshuvah m’ahavah, of returning to Hashem out of love.

The obvious conclusion from this passage is that when the third Beis HaMikdash is built, since we, unlike the Jews who left Egypt, would not have the need for sacrifices, they would apparently not be part of the service.

The Wedding Day Fast
‘He Accepts A Ring On Her Behalf’
(Kesubos 47a)

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

The Wedding Day Fast
‘He Accepts A Ring On Her Behalf’
(Kesubos 47a)

Daf-Yomi-logo

A Confession
‘Payment For Humiliation And Depreciation’
(Ketubbot 41a)

An Auto Accident
‘All Agree That They Are Exempt’
(Kesubbos 35a)

The Threat Of Death
‘Sign or Else…’
(Kesubos 19a)

Tethered To The Mother
‘If She Is Fit, Her Daughter Is Also Fit’
(Kesubbos 13b)

A Joy And A Blessing
‘Rejoicing All Seven Days’
(Kesubbos 4b)

An Explosion In The Trench
‘With A Glowing Hot Knife’
(Yevamos 120b)

Life Before The Printed Word
‘A Revi’is Of Blood’
(Yevamos 114a-b)

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

Scan this QR code to visit this page online: