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Revision as of 21:04, 1 April 2019 by YitzchakSultan (Created page with "==Safek Derabbanan Lkula== # There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted a...")
Safek Derabbanan Lkula
- There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted after the fact. However, others hold that safek derabbanan is permitted even initially.
- Some say that everyone agrees that safek isur derabbanan lkula is permitted even initially, but only a safek mitzvah derabbanan lkula is to be avoided initially.
Safek Derabbanan Lkula Bchezkat Isur
- The Shach holds that when there is a chazaka of an isur we're strict about a safek derabbanan, while the Pri Chadash disagrees. Gilyon Hashas Brachot 12a Rav Ovadia cites the Rashba Niddah 59a who is lenient. Sidrei Tahara end of 199 cites Taz who is lenient. Rash Mikavot 2:2 implies that he's lenient.
Safek Safeka With Kulot that are Soter One Another
- LChumra: Tosfot Niddah 27a and Bava Kama 11 are machmir. Pri Megadim Klalei Safek Safeka Hamechudashim n. 1 codifies this.
- Derabbanan’s: Ginat Veradim of pri megadim klal 2 says that the whole din of two sefakot that are soter one another might only apply to a deoritta safek safeka but not safek derabbanan lkula. It is like a taz and against a darkei moshe. Rabbi Akiva Eiger 49 is machmir.
- Maharshal on niddah 27a asks on tosfot so what there’s two kulot that are soter each other why can’t you be meikel on either you choose, why machmir on both. It is like kesil bchoshesh holech. Rav Ovadia in Taharat habayit v1 p276 quotes this and adds that the binyan tzion 1:60 and torat shlamim 187:29 agree. Rav Ovadia is machmir in end. (Maharsha there answers for tosfot. Aruch Lner niddah 27a says that from the proofs of tosfot it is mutually exclusive to prove kulot which are tartei dsatrei lchumra and also hold safek safeka doesn't work bchezkat isur (shach klalim 29). Therefore, acc to pri chadash we could accept tosfot but not acc to shach.)
- Rabbi Akiva Eiger in Beitzah 14a writes that the peshat in Tosfot is not that something for which you have a safek which would lead to a kula in opposite cases is asur. He says that’s wrong and against Shabbat 34b that for ben hashemashot we say we’re lenient for derabbanan’s like establishing an eruv even if for one person it is valid because he only set it up in middle of ben hashemashot and the other person’s had a dog eat his in middle. Same is true of one person over multiple shabbaton. Rather that peshat is wrong. Peshat in tosfot is dvar sheyesh lo matirin. He said he had an argument with the baal bet meir about this and this is how the bet meir concluded. (He’s assuming it is a dvar sheyesh lo matirin because you could grind it with a shinuy, that’s like the rif and not trumat hadeshen; also it is against pri chadash that dvar sheyesh lo matirin doesn’t apply to machloket haposkim; also it is against nodeh beyehuda’s idea of dvar sheyesh lo matirin by moving muktzeh; R’ Sarfaty in chabura on beitzah pointed this out).
- Raavad in the Katuv Sham in Beitzah 14a says that anyone who listens to the pesak of tosfot to be machmir on both cases of spices is a kesil bchoshech holech. The Baal Hameor agreed with Tosfot. This is my addition.
- Korban Netanel moed katan 2:80 points out that the rosh and rif m”k are meikel on a mochleket amoraim for chol hamoed in both directions even though rosh beitzah agreed with tosfot. He said that tosfot beitzah 14a was only machmir because it was a safek cheshron yediya of which amora was the rav and which talmid so it was barur the din but we don’t know what it was.
- Raavad in Baalei Hanefesh (cited by rosh niddah 9:2 and s”a 184:4) writes that originally he was machmir for a veset safek by day and safek by night on both. Then he concluded to be lenient and only asur the daytime one. The Baal Hameor in the end is lenient as well. S”A follows the raavad. Chatom sofer on s”a says that s”a is wrong because of other opinion in raavad said tartei dsatrei kulot here so why be lenient you have to be machmir on both. He compares it to a case of being toleh a ketem with two woman (niddah 60a) which we’re machmir on because of chucha vtelula. Rest of poskim follow s”a. Haflah on yd 184:4 says in theory chatom sofer’s right from tosfot beitzah 14a but the raavad came up with a hachraah why the second was more chamur.
- Pri Megadim E”A 538:2 cites from mishna lmelech megillah based on ran pesachim 108a that if it isn’t oker takana completely it is muter to be lenient in both directions. Gra on s”a 538 says s”a is stirah to s”a 504 by yom tov. Tzarich iyun.
- Rabbi Akiva Eiger megillah 5b s.v. nitkashti seems to be assuming unlike tosfot bk 11 as he’s trying to explain why the gemara ask on rebbe who did melacha maybe it was because of safek derabbanan. There he backs down because of pri chadash that safek dvar shyesh lo matirin doesn’t apply to a machloket haposkim. See R’ Yitzchak Yosef’s article on tartei dsatrei bderabbanan in Ayin Yitzchak Shulchan Marechet p.55 who quotes his father’s answer (Chazon Ovadia 1:13:198) to this R’ Akiva Eiger based on tosfot bk 11 and nidah 27 and the yerushalmi megilah.
- With respect to tefillah see tosfot brachot 2a and kehilat yakov that avid kmar is unique because of elu velu.
- Reem on Samag Megillah writes that the principle of Safek Derabbanan is only permitted after the fact. Ran Menachot 65a agrees. Rav Ovadia in Chazon Ovadia v. 1 p. 201 supports this from the position of the Ran, Maharam Chalavah, and Raavad that when it is easy we should be strict for a safek derabbanan.
- Ramban Yevamot 24a, Rashba (responsa 4:48). Pri Chadash (Klalei Safek Safeka 110:4) holds that safek derabbanan is permitted even initially. Rav Ovadia cites many who agree including the Get Mekushar 147c, Divrei Emet 9:4
- Rav Ovadia citing the Mutzal M'esh 13 based on Menachot 68b, Michtam LDovid 17 s.v. amnam
- The Reem on Smag Megillah writes that safek safeka is only permitted after the fact. See Rosh Bechorot 9a
- Rav Ovadia in Chazon Ovadia 1:202 citing Perach Shoshan EH 3:2, Kol Eliyahu YD 2:2, Rosh A"Z 2:35