[Avodah] O'Brien's Quality Meat - Kol DePorish MeRubbah Porish also KaVuA, OBriens Meat

[Micha Berger]

On Sun, Aug 25, 2024 at 03:00:40PM +1000, Rabbi Meir G. Rabi via Avodah wrote:
> >> He makes a BBQ and invites his neighbour
> >> as they are enjoying this repast
> >> he regales his friends with the story and his find and his Rabbi's Pesak.
> 
> >> One of the friends says
> >> Hey I saw A box falling off Obriens Neveilah truck in that precise location
> 
> This observation changes nothing bcs
> it does not make it KaVuA for anyone not even for the chap who saw if fall
> off the truck
> there is already a Pesak that it is Muttar.

Your claim seems to me to be inconsistent with Tosafos's definiition (Chullin
95a "sefeiqo assur") of qavua or R Aqiva Eiger's teshuvah #136.

Tosafos: qavua is when the item that is assur isn't niqar.

So, the observation would remove the qavua nature the pasaq was based upon.

RAE literally defines qavua as being when the cheftza issur was once
observed. Rov works when we don't know the metzi'us. Qavua is when
we knew the metzi'us, but now are mesupaqim about an item that had an
existing din. (Safeiq in metzi'us vs safeiq in din.)

> This parallels what you have probably heard before
> a grandmother was married, lost her husband in the Churban of Europe,
> {May HKBH Avenge Their Blood and may we see it with our own eyes}
> was granted a Hetter to marry which she did
> and now when meeting the families of her engaged grandchild
> discovers someone who remembers her and her husband
> and is aware that her first husband was not dead at the time she got
> remarried.

And when it was found out, the kid would be relabled a mamzer. Assuming
the rabbanim couldn't through heroic effort avoid that outcome.

Your proof itself would need a proof.

Chodesh Tov!
Tir'u baTov!
-Micha

-- 
Micha Berger                 I thank God for my handicaps, for, through them,
http://www.aishdas.org/asp   I have found myself, my work, and my God.
Author: Widen Your Tent                   - Helen Keller
- https://amzn.to/2JRxnDF