web analytics
December 25, 2014 / 3 Tevet, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Home » Judaism » Parsha »

Must We Check For Treifos?

Taste-of-Lomdus-logo

This week’s parshah contains the source for the halacha of following the rov (majority). The pasuk states: “acharei rabbim lehatos.” The Gemara in Chullin 11a says that this pasuk is referring to the Sanhedrin where the halacha follows the majority opinion of the judges. Similarly this applies to a case in which someone found a piece of meat that could have only come from one of ten stores – nine of which are kosher and one which is not. Such a piece of meat is permitted mi’de’oraisa since we can assume that it came from one of the majority of kosher stores.

The Gemara in Chullin (ibid.) says that there are two types of rov. One is the one described in the two aforementioned cases of judges and kosher stores. This type of rov is known as ruba d’eissa kaman – all the possibilities are in front of us.

The other type of rov is a ruba d’lessa kaman, whereby the options are not in front of us but rather based on a natural tendency, e.g. the majority of animals are not treifos. We do not have all the animals in front of us knowing that a certain number of them are kosher and thus many are non-kosher. We simply know that animals are generally kosher and not treifos.

It is this rov that we rely on every time we eat a piece of meat or poultry. There are eighteen different treifos in an animal that can render it treifa. However, checking for all of them would be extremely tedious and timely. Therefore the halacha mi’de’oraisa is that we do not check them but instead rely on the rov, and posit that this animal is from the majority of animals that are not treifos. There is one exception: the lungs. Since it is more common for the lungs to become treifa, albeit a majority is still kosher, we check the animal’s lungs to see whether it is treif.

The Gemara in Chullin (ibid.) asks: Where is the source for the halacha that we follow this rov? The Gemara makes many attempts to cite sources, some disproved and others holding up. The Gemara concludes that it must be that the Torah allowed us to follow this type of rov, for, if not, how can we eat the korban Pesach and other korbanos that must be eaten? The Gemara thus remarks that in cases where it is necessary, we can follow the rov – and where it is not, we do not have a source.

Rashi there says that even though the Gemara does not have a source, the halacha is that we may follow such a rov even in cases where it is not necessary. He cites two sources for this: One is that it is a halacha l’Moshe mi’Sinai. The other is that we derive it from ruba d’eissa kaman.

A question is asked on Rashi’s second cited source. It was clear to the Gemara that we could not simply derive ruba d’lessa kaman from ruba d’eissa kaman. It was for this reason that the Gemara expended a lengthy effort in citing numerous other sources. How can Rashi say that we derive ruba d’lessa kaman from ruba d’eissa kaman?

Rav Akiva Eiger, in his Gilyon HaShas on Chullin 12a, cites Rashi’s commentary to a later Gemara in Chullin. Rashi states there that the source for following a ruba d’lessa kaman is from one of two sources that the Gemara cited earlier that were not disproved. Seemingly Rav Akiva Eiger is asking about a contradiction in the source for the halacha instructing us to follow a ruba d’lessa kaman.

To answer both of these questions we can suggest that Rashi did not say that the source for following a ruba d’lessa kaman is drawn from the fact that we follow a ruba d’eissa kaman. The source for following a ruba d’lessa kaman is from either one of the earlier sources cited in the Gemara or from the fact that in certain cases there is no other option. Once we know that we can follow such a rov, at least in cases where it is absolutely necessary, we know that the Torah acknowledges such a type of rov. Once we know that this type of rov is an acceptable rov, we can derive from ruba d’eissa kaman that we can follow a ruba d’lessa kaman – even in situations in which it is not necessary. This is merely a detail in how and when to apply the rov, not a source that we may follow in general.

Thus, there is no contradiction between Rashi’s commentaries. Additionally, we have explained the reason why, although the Gemara could not derive that we follow a ruba d’lessa kaman from the fact that we follow a ruba d’eissa kaman Rashi nevertheless says that we derive this aspect from there.

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.

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 “Must We Check For Treifos?”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Naftali Bennett, chairman of the Jewish Home party.
Bayit Yehudi Finally Has the Education Ministry (Until Elections)
Latest Judaism Stories
Hanukiyah created world famous Venetian Glass Blower
Maestro Gianni Toso

A revolution is taking place between good and evil; light and darkness. Make the light activism!

Joseph Maketh Himself Known to his Brethren

What did Yehudah say that was so effective that it convinced Yosef to make himself known?


What does the way we count the days of Chanukah come to teach us about living in the present?

Knesset and Menorah

Israel projects global material illumination not always the light of “morality” meant by the Navi

To many of our brethren Chanukah has lost its meaning.

This ability to remain calm under pressure and continue to see the situation clearly is a hallmark of Yehuda’s leadership.

It would have been understandable for these great warriors to become dispirited.

The travail of Yosef was undoubtedly the greatest trauma of Yaakov’s life, which certainly knew its share of hardships.

Yosef, in interpreting the first set of dreams, performed in a manner that was clearly miraculous to all.

Chazal teach us that we need to be “sur may’rah v’asei tov,”avoid bad and do good.

When we celebrate the completion of learning a section of Torah, we recite the Hadran.

Fetal Immersion?
‘The Fetus Is A Limb Of Its Mother’
(Yevamos 78a)

Yosef proves he is a true leader; He is continually and fully engaged in the task of running Egypt

When the inability cannot be clearly attributed to either spouse, the halacha is the subject of debate among the Rishonim.

Those who reject our beliefs know in their souls Jewish power stems from our faith and our prayers.

He stepped outside, and, to his dismay, the menorah was missing. It had been stolen.

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

It is clear that Tosafos maintains that only someone who lives in a house must light Chanukah candles.

Taste-of-Lomdus-logo

But how could there have been any validity to Yosef’s allegations?

If one converts for the sole purpose of marrying a Jew the conversion is invalid.

Rashi in Shabbos 9b writes that the reason why the tefillah of Ma’ariv is a reshus is because it was instituted corresponding to the burning of the eimurim from the korbanos – which was performed at night.

We find that in certain circumstances before the Torah was actually given, people were permitted to make calculations as to what would better serve Hashem, even if it were against a mitzvah or aveirah.

It is difficult to write about such a holy person, for I fear I will not accurately portray his greatness…

The implication of the Shulchan Aruch (Orach Chaim 233:2) is that one may not daven Minchah before six and one half hours into the day.

Some Rishonim are bothered by the opinion of the Rambam that bnei Noach are commanded not to eat basar min hachai.

Printed from: http://www.jewishpress.com/judaism/parsha/must-we-check-for-treifos/2014/01/23/

Scan this QR code to visit this page online: