[Avodah] Pesak and Safeik

Micha Berger via Avodah avodah at lists.aishdas.org
Wed Aug 5 15:22:42 PDT 2015

Anyone know a source (or at least a theory) that discusses when we treat
a machloqes as a safeiq, rather than applying the rules of peaq?

The issue comes up in AhS YD 24:42. (Mazal tovs on completing OC will
be graciously accepted.) Siman 24 discusses 4 of the 5 halakhos leMoshe
miSinai of shechitah. (Shehiyah got its own siman.)

There is a machloqes between the Behag and Rashi about the line between
aqirah and tereifos. Rashi says that aqira is the displacement of the
qaneh or veshet caused by using a nicked knife. Most rishonim hold
like the Behag, and then there is a submachloqes about what kind of
dislocated simanim are aqirah, ad what are tereifos. Leshitas Rashi,
they would all be tereifos.

Anyway, here the AhS says that Rama holds that midinei shechitah,
we are machmir for every definition of aqirah. But midinei tereifah,
which differ in that it would also prohibit the milk or eggs from such
an animal, we recognize that the iqar hedin if the Behag, and are meiqil.

So okay, one tiny bit of my question is answered -- we have a special
rule by shechitah that machloqesin are resolved by safeiq deOraisa

But WRT tereifos.... The AhS says that despite the Rama, we are nohagim
lehachmir. So, while the Rama thinks this is a case where the rules of
pesaq apply, the AhS says "we" disagree and treat it like a safeiq.


I also realize the line isn't all-or-nothing. I presume that not
every shitah rises to the level of creating a safeiq, so there is
some kind of pesaq-like reasoning necessary to assess which do
and which don't. So it's more an issue of how balanced do shitos
have to be for us to be unwilling to pasqen and just assume it's
a safeiq.

But still, these two acharonim are setting te line at a different
place. So, does anyoe discuss the kelalim of when to bail out from
the (other) kelalei pesaq?

Tir'u baTov!

Micha Berger             "Man wants to achieve greatness overnight,
micha at aishdas.org        and he wants to sleep well that night too."
http://www.aishdas.org         - Rav Yosef Yozel Horwitz, Alter of Novarodok
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