Thursday, November 09, 2006

Beitza 14a - Safek Derabonon L'kula

Tosafos says a rule that we only apply safek derabonon l'kula to situations where one side is a clear leniency and the other clearly stringent. But if each side has a kula and chumra, it is impossible to be lenient by both since that is definitely an issur, and you can't choose one over the other, so you are forced to be machmir by both. We find a similar sevara in the Ran in Pesachim 108a (and in megilla by safek walled cities) where acc. to one side the first 2 cups need leaning and according to the other the last 2 need leaning, therefore the Ran says we have to lean by all 4 because we have no way of choosing one over the other, and to be lenient by both would be uprooting the mitzvah of leaning completely. Would our Tosafos definitely agree with the Ran and would the Ran definitely agree with our Tosafos?
It seems that Tosafos would not be forced to agree with the Ran, because in our case if you were lenient to grind spices when you knew before yom tov what you planned on cooking and also the spice doesn't loose flavor, you are doing an issur of grinding according to everyone. But in the case of the Ran you are only passively loosing a mitzvah, not doing an issur (furthermore, you are only loosing reclining of the 4 cups, but are still fulfilling reclining with matzah).
But, would the Ran be forced to say like Tosafos?

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