[Avodah] unsolicited testimonial [was: Forms of Bittul]

[David Riceman]

RCL:

<<So how about the really classic safek - the timtum, or the koi? As I 
understand the debate, some hold that the tumtum is a beriah in and of 
itself, and some hold it is a safek, but those who hold such a person is 
a safek hold that "really" such a person is a man or a woman, we just 
don't know which, it is not as though essentially and to the Torah such 
a half man half woman exists. Ditto a koi - we practice the halacha 
giving it the chumras of behama and chaya, but the options appear to be 
that it is an independent creation of its own, or it is *really* in the 
eyes of the Torah one or the other, but we don't know which.>>

See Rabbi Bensimon's commentary on Rabbi Rosen's commentary on the 
Rambam's H. Shabbos (details below) pp. 23-29, where he argues that 
there are two distinct types of sfeikos, with different rules.  One type 
is a "safek b'etzem", which includes both of these examples.  A safek 
b'etzem is something about which we know all of the relevant facts but 
still can't decide how to categorize it halachically.  The other type is 
a "safek b'geder siba", for which if we knew all of the relevant facts 
(what is the source of each piece of meat?) we would be able to 
categorize it halachically.  So while I agree with your basic point that 
RMB is confusing two distinct categories, I think these examples are red 
herrings.

Me:
> I just got back from a trip.  I took Rabbi Bensimon's commentary on 
> Rabbi Rosen's commentary on the Rambam's H. Shabbos with me (Tzafnas 
> Paneah al  H. Shabbos published by Mossad HaRav Kook).  It's a 
> wonderful book for travel because it has a lot of short self contained 
> snippets, and I rarely felt the need to consult any sefarim (I wasn't 
> near a Beis Midrash).
RMB:

<<You could sneak this onto Avodah by mentioning one thought and then 
tagging on a plug for the sefer in which you found it.>>

David Riceman

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