Monday, November 20, 2006

Beitza 24a - Safek Muchan

The gemara explains the Tana Kamma in the mishna holds that safek muchan is assur. The rationale is that it is a davar sheyesh lo matirin. However, on Yom tov Sheini which was originally introduces only as a safek, the ran says you can be lenient with safek muchan bec. it is a sfek sfaika by a davar sheyesh lo matirin. Shulchan Aruch in O.C. (497:4) paskens like the Ran (even opinions brought in m.b. 11 who argue, that is only bec. yom tov sheini is stronger than a safek). The Rema doesn't seem to take issue with this and agrees to be lenient in a sfek sfeika b'davar sheyesh lo matirin. However, in Y.D. 110:8, the rema seems to contradict himself bec. he recommends being machmir by a sfek sfeika of a davar sheyesh lo matirin since it will become mutar later?
The Taz (y.d. 110:11) asks the opposite question on the Rema. The Ran is only matir sfek sfeika b'davar sheysh lo matirin by an issur derabonon, but the Rema implies we can be meikil m'ikar hadin to be matir sfek sfeika by a davar sheyesh lo matirin even by an issur d'oraysa. Nekudas Hakesef explains that the Ran in the first perek equates deoraysa and derabonon by a sfek sfeika of davar sheyesh lo matirin, therefore, in the third perek where he leans to be lenient, it would even apply to an issur d'oraysa. Based on this, perhaps the Rema takes a stricter approach in Yoreh Deiya than in Orach Chaim, bec. he is speaking about an issur d'oraysa, but by an issur d'rabonon there is no recommendation to be machmir.
Any better ideas to explain why the Rema is more lenient in O.C.?

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