Monday, November 20, 2006

Beitza 25 - Misukenes - Boalei Nidda

Misukenes
1. The gemara in pesachim 46b says that if you hold of ho'il then you don't have to actually eat a kezayis of the misukenes, but if you don't hold of ho'il then you have to be gomer da'as to actually eat a kezayis before night. Is it enough to decide you will eat a kezayis and then change your mind or do you have to actually eat otherwise it is ha'arama (shita mikubetzes says you don't have to eat it).

Boalei Niddos
2. Rashi explains that they jump the gun and have bi'ah before she goes to the mikvah and will definitely violate an issur. This is not so consistent with the butcher where it may or may not result in an issur treifa. I was thinking based on gemara Nida 67b, that it is speaking of a zava who is tovel on the 7th day and has bi'ah before night. If she will become a nidah after the bi'ah before nightfall, she will ruin the niki'im and retroactively be a zava. In this case the jumping the gun is more similar to treifa since it is a safek whether it will come to issur.

3 comments:

Aryeh Lebowitz said...

regarding your second point, it seems that the case of treifos is actually the one that doesn't fit with the other two. Eating orlah fruits is a vadai issur, not a safeik, just like being boel a nidah. Only the butcher eating from the animal before checking is a safeik. Perhaps if you say like the Mishkenos Yakov I quoted above, you can suggest that a butcher ultimately will definitely violate the issur of eating treifa.

Avi Lebowitz said...

i don't think that orlah has to fit, bec. that is the mashal that is used as the source. see the maharsha in the name of the aruch how he explains why we learn from orlah.

Yossie Schonkopf said...

see pnei yhushua that the butcher is not fulfilling the din that you must check the lungs, acc to him all three are vadai asur. he also says that not all types of animals need lung checking and that is why before it was only derech eretz