[Avodah] KaVuAh Kol DeParish - Zevachim 73a

[Rabbi Meir G. Rabi via Avodah]

R Micha, You have offered an entire treatise on Kol DeParish
but I think it is more productive to focus on smaller aspects

So lets look at your first 2 comments
1]   you posit that a RDK Ruba DeLeisa KaMan is not a ta'aroves
I have no idea why you say that or how you support that
when we select an animal at random to milk it
we assert it is from the majority that are not Tereifos
Why are we not entitled to view this, and why is it not correct to analyse
this as a TaAruvos?
There is a TaAruvos of K and non-K dairy cows
we select a few at random and assert they are from the Rov

After all, these guidelines emerge from the same Mekor in the Torah


Your second point
Zevachim 73a, invokes kol deparish [to permit all the animals in a group in
which there is one which is Assur] because it cannot argue that the Assur
is Battel to the Rov since the animal as a Berya isn't Battel.
Nevertheless, it WILL be Muttar when it is Parish.

So we see that the restriction of the Berya status is severely limited
It can prevent Bittul when the beast is a part of the pack
But it has no meaning when the beast is removed from the pack
and we employ the argument of Kol DeParish

Your Q is - How do we explain that although it is not Battel in the
TaAruvos - it WILL be Battel when it is Parish?

In response I say
Firstly, this is a Q on everyone not just on my analysis of KaVuAh and
KDeParish.

Now to answer the Q
We must first determine how a group of lets say 10 animals of which nine
are Muttar and one is Assur, is comparable to the classic case of KaVuA, 10
butcher shops where 9 sell Kosher and one sells non-Kosher.

Let's make them mobile butcher shops, just like the animals are mobile.
They remain identifiable however, either to the shoppers because they are
marked or if they are not marked, they are identifiable to those selling
and serving from that shop.

It is obvious that the Gemara is contemplating a situation where just as it
is possible to identify the Kosher and non-K shops it is also possible to
identify the Kosher and the non-K animals.

Now we cause the animals to be agitated and run around [NichBeSHinHu
DeNeNayDi] and they are no longer deemed to be KaVuA
Similarly, we can have a case where the butcher shops are hijacked, all
identifying markings are removed and the shops driven around so that we can
no longer identify which is the non-K and which the K shop.

In both these cases we Pasken that any animal we select is Parush
And any shop we enter is also Parush

I think it is easy to see how the status of being defined as a TaAruvos
readily explains these anomalies
it all depends on whether we see the situation as a TaAruvos



Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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