The rishonim say that an Avel get up from Shiva after נץ and the reason is from the Gemara in Megilla that לכתחילה one has to wait for נץ. Rav Elyashiv wonders that its not a proof for the laws of mourning which are of rabinic nature whereas there it was things that apply to torah law.
Perhaps this is a proof to the very big חידוש of Rav Moshe in יו"ד א' עמוד שנ"ו that argues on rashi and the minchas chinuch and says that נץ is the beginning of day מדאורריתא and עלות is day בדיעבד מדאורייתא, but still Rav moshe is saying a VERY big chidush - see there.
1 comment:
shkoyach for the reference to r' moshe's teshuva. it really is a very big chiddush since we almost never make a lechatchila on dinei d'oraysa. even by bein hashmashos where we wait lechatchila for tzeis hakochavim, the lechatchila is a result of a safeik. but alos hashachar is day b'dieved and neitz is day lichatchila even though there is no safeik at all.
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