web analytics
April 20, 2014 / 20 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



Home » Judaism » Parsha »

Chadash

Taste-of-Lomdus-logo

Share Button

This column is dedicated to the refuah sheleimah of Shlomo Eliezer ben Chaya Sarah Elka.

This week I will be addressing a question from a previous column – with a new answer.

The pasuk in this week’s parshah (Vayikra 23:14) says, “V’lechem v’kali v’karmel lo sochlu ad etzem hayom hazeh ad haviachem es korban elokeichem – And you shall not eat bread [etc.] on this very day until you bring the offering of your God.” This pasuk teaches us that all of the five grains (wheat, spelt, rye, oats, and barley) are forbidden from the time they are harvested until after the korban omer is brought.

However, if the grain had already taken root prior to the bringing of the korban, that grain is permitted. As we do not have a Beis HaMikdash today and thus cannot bring the korban omer, the new grain is permitted after the day the korban would have been brought. In Eretz Yisrael, that would be after the 16th day of Nissan; chutz la’aretz, it is permitted after the 17th day of Nissan.

The Rama, in Yoreh De’ah 293:3, cites the Tur in the name of the Rush that says that if one has grain and does not know when it grew, it is permitted to be eaten because of a sifek sefeika (double safek). One safek: did it grow entirely before or after Pesach? The second safek: even if it grew after Pesach, perhaps it took root before Pesach and thus permitted to be eaten.

Many Acharonim (Rabbi Akiva Eiger, the Nesivos, the Kraisi Uplaisi) were bothered by this psak. They asked that since this is not two separate sefeikos but rather one safek, was the korban omer brought – thereby permitting this grain? Why does it matter if it grew entirely before Pesach or only took root by then, since in both scenarios the korban permits the grain? Therefore it should not be regarded as a sifek sefeika, and should be forbidden.

The Aruch Hashulchan, in Yoreh De’ah 293:16, suggests the following explanation for the Rama’s psak: He says that if there is a nafka mina (halachic difference) between the two sefeikos, we can still apply the rule of sifek sefeika even if they are essentially one safek. He writes that there is a nafka mina between whether the grain grew last year or if it only took root before the korban omer. If it grew last year we would not be able to use it in the korban omer, whereas if it grew this year and took root before the korban we would be able to use it for the korban. He adds that although this difference is not applicable nowadays, nonetheless it is sufficient to separate the two sefeikos and apply a sifek sefeika.

My rebbe, HaRav Shmuel Berenbaum, suggested that there are indeed two types of sifek sefeikos. One type is when there are two completely separate sefeikos; each permits the issur from different angles. This type of sifek sefeika works with the idea of rov in mind. Since there are two separate sefeikos whereby the scenario can be permitted, a majority of the possible outcomes permits the issur. For example, the Gemara in Kesubos 9a offers the following classic scenario of a safek sefeika: A man was mekadesh a woman but only marries her a year later, and finds that she was mizaneh. It is unclear if the zenus occurred after the kiddushin – prohibiting her from her husband – or prior to the kiddushin – permitting her to be with her husband (provided he is not a kohen).

The second safek is this: was she forced into the zenus – permitting her to be with her husband – or was it performed willingly – prohibiting her to be with her husband? Both of these sefeikos are independent of each other. Therefore we can say that one safek is this: if it happened prior to the kiddushin, and even if it happened after the kiddushin, perhaps it was forced on her. Thus, this sifek sefeika works within the principle of rov. Since the majority of the possible outcomes is that she is permitted to be with her husband, this is the ruling.

Share Button

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


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.

No Responses to “Chadash”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
FBI Wanted poster for Osama bin Laden
Pakistan Library Renamed to Honor bin Laden
Latest Judaism Stories
Reiss-041814-King

Amazingly, each and every blade was green and moist as if it was just freshly cut.

PTI-041814

All the commentaries ask why Hashem focuses on the Exodus as opposed to saying, “I am Hashem who created the entire world.”

Leff-041814

Someone who focuses only on the bones of the Torah makes his bones dry and passionless.

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

Taste-of-Lomdus-logo

One difference between Bnei Yisrael and Bnei Noach is that shiurim only apply to Bnei Yisrael.

The Gemara, in Kiddushin 57b, searches for a source to confirm that the bird that is to be set free is permitted to be eaten after the process is concluded.

The Gemara (Niddah 31b) states that Rabbi Shimon bar Yochai was asked why a woman who gives birth must bring a korban.

The Ritvah understands that the kosher signs are not just “signs” indicating that a fish is kosher; rather, they are what actually render the fish kosher. This may also be applied to the kosher signs of an animal, but the Ritvah does not indicate this.

If a korban chatas cannot be brought as a nedavah, how can one read the parshah of the korban chatas if he is not certain that he is obligated to bring one?

Following the Minchah (afternoon) service, led by the Vyelipoler Rebbe, Rabbi Yosef Frankel, rally participants recited several passages of Tehillim.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/chadash/2013/04/24/

Scan this QR code to visit this page online: