[Avodah] MA - by Name or by appearances

[Micha Berger via Avodah]

On Mon, Aug 28, 2017 at 10:54:19PM -0400, Zev Sero via Avodah wrote:
: But whether you follow this medrash or not, lechol hade'os we hold
: that our ancestors before matan torah were Bnei Noach, and the
: status of Yisrael began only around that time (on the 4th of Sivan
: according to the Rambam).  The avos were Bnei Noach, and their
: keeping of mitzvos was merely a chumra.  Otherwise we'd have the
: absurd situation that Moshe Rabbenu was a mamzer -- and so are all
: kohanim to this day, and so was Dovid Hamelech and all his
: descendants!

Not to mention all benei Racheil.

Chullin 101b says this explicitly, in a discussion of whether gid
hanasheh is an issur kollel, since it included Benei Yaaqov before
we were true Benei Yisrael.


Also, while posting on this topic, the Rambam on Kerisus 3:4 says
that neveilah mixed with chalav is mutar behana'ah. He calls this a
"nequdah nifla'ah". His reasoning is that "lo sevasheil" is used to
describe basar vechalav for both hana'ah and akhilah. And so, if there
is no issur akhilah, there is no issur hana'ah. Here there is no issur
akhilah -- ein issur chal al issur -- so there is no issur hana'ah.

Contrary to what I posted, BBCh is not an issur mosif according to the
Rambam. It's two issurim, each a precondition for the other.

Tosafos (Chullin 101a "issur") say BBCh is not an issur mosif as much as
an issur chamur.

Tir'u baTov!
-Micha

-- 
Micha Berger             The fittingness of your matzos [for the seder]
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