[Avodah] Ben PeKuAh - Reviah and Kilayim permitted EVEN MiDerabbanan

[Rabbi Meir G. Rabi]

Regarding Ben PeKuAh, Reb Micha asks ‘What's left that Chazal weren't
gozerim on?’
In other words as per the Gezeirah, the Ben PeKuAh is pretty much the same
as any ordinary animal.

Reb Micha, you will likely be surprised to discover that Chazal left very
large gaps in their decree - and it would appear this was quite intentional
- to permit many instances of Ben PeKuAh.

1]  a non fully gestated Ben PeKuAh has no decrees at all, it does not even
require Shechita and it goes without saying that its Cheilev and Gid is
Muttar - and it has no Issur Reviah or Kilayim.

Reb Ch Kanievsky advised that he ruled that the Shechita of the Ben PeKuAh
requires a Beracha [a great Machlokes that surfaces with regard to Ner
Chanukah - when one lights at a second doorway due to Marit HaAyin] and
when queried if this is also true for the non-fully gestated BP he conceded
it requires no Beracha bcs it requires no Shechita.

2]  But even the fully gestated requires no Shechita when it has a fused
hoof or perhaps fused hooves - that is the example given in the Gemara and
quoted by the Mechaber. The Rema however, qualifies that, saying “or if it
has even the slightest unusual feature” And he likely took his bearings
from the Gaonim who relied upon that to raise herds of Benei PeKuAh and
bring them alive to various public gatherings such as weddings - where they
would decapitate them, cook them and feed the flesh to the assembled
crowds. [the Gaonim were at war with the Karaites who rubbished the entire
notion of Ben PeKuAh, even ruling that Shechting a pregnant animal is
prohibited as Osso VeEss BeNo, thus prompting the RaMBaM and others to
include what is NOT IN THE Gemara, a defense to Shechting pregnant animals]
See the Gaon there who says we are lenient with Dearabanans and ESPECIALLY
WHEN IT’S ONLY MARIT HA’AYIN.

3]  Even a fully gestated without unusual features has no Marit HaAyin
until after it has walked about.

4]  The progeny of non-fully gestateds, even though born fully gestated,
have all the qualities of non-fully Gestateds i.e. they require no Beracha
on their Shechitah; their Cheilev and Gid is Muttar and they have no
Issur Reviah or Kilayim.

Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20221228/3bc9ac76/attachment.htm>