[Avodah] Safeik as Metzi'us

Micha Berger via Avodah avodah at lists.aishdas.org
Mon Apr 20 15:25:02 PDT 2015


The story so far:

Briskers don't wear tzitzis outdoors on Shabbos in case the gemara does conclude
that hatekheiles me'eaqes es halavan. (Dspite the tam mishnah, there is
reason to wonder.) And if so, the tassels on your tallis or tallis qatan are
not tzitzis, and wouldn't be tafeil to the beged. On Shabbos -- hotza'ah.
I asked why, since I personally am wearing those tassels because of
the safeiq, wouldn't that mean that in terms of my intent, they are
hotza'ah?

In general, when do we pasqen one din and then use that pesaq as the
metzi'us for the next case? And when do we look at the internals of
that din (in this case, the safeiq) and carry them through to the next din?

Other examples collected so far:

AhS OC 409:6 -- An eiruv techumin made with a safeiq tereifah is not
an eiruv, because you can't eat a safeiq tereifah. We look to the pesaq,
the meat is assur mishum safeiq, not the safeiq itself. (Where a parallel
case in the se'if is ruled safeiq derabbanan lequlah.)

AhS OC 416:8 -- A person wants to make 2 different eiruvei techumin,
one for each day of YT in chu"l. You can't create an eiruv on day 2 that
you cannot reach on day 1. We don't say mima nafshach -- if day 1 is YT,
you don't need the eiruv, and if day 2 is, you were allowed to reach
the food on day 1. Again, we look at the masqanah.

Recently I noticed two more in the AhS:

AhC OC 509:12 -- The Rama (se'if 5) allows libun on YT of a skewer that
that they broiled non-salted meat on to allow using the skewer again that
day. The AhS explains this is not a real tiqun keli, because mei'iqar
hadin it doesn't need libun (cf YD 76), an therefore even if you could
have done the libun on erev YT, you can still do it now.

We DO NOT say that lemaaseh we are not nohagim to use the skewer without
libun, so therefore the skewer went from usable to non-usable. This time
we do look into the cause of the non-use.

I am wondering if it's because beshe'as hadechaq, they would go to a rav
and get a pesaq that they could use the skewer as is, so it's not fully
unusable.

AhS 581:18 -- If fruit are stored in a room that is built from uncemented
bricks and the room breaks, the fruit are usable. We do not say they
a muqtza, because the issur of disassembling the room was only derabbanan,
so he didn't have full hesach hadaas.

Notice that here he is saying that a person is aware of issur derabbanan
being on a lesser level. The ruling is on the metzi'us, but with the
understanding the the metzi'us reflects the wishy-washiness of the issur.

RAM: Does any of this change your proposed sevaros?


Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 16th day, which is
micha at aishdas.org        2 weeks and 2 days in/toward the omer.
http://www.aishdas.org   Gevurah sheb'Tifferes: What type of discipline
Fax: (270) 514-1507                             does harmony promote?



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