[Avodah] Safeik Plus Mi'ut
Micha Berger
micha at aishdas.org
Thu Sep 12 09:52:55 PDT 2024
I was under the impression that we so ignore a mi'ut that there is no
sefeiq sefeiqa unless each safeiq is roughly balanced.
This is easy to explain if we take the Ra'a's sevara for sefeiq
sefeiqa. Leshitaso, safeiq deOraisa lechumera is itself a din
derabbanan. So, the second safeiq would be a case of safeiq derabbanan
lequla.
And in our case, the rov lehachmir means there is no safeiq derabbanan.
But if you say that sefeiq sefeiqa is a kind of a statistical rov,
you would think that a roughly 50:50 safeiq plus that mi'ut would still
mean that there is a rov giving ground lehatir.
But as I opened, I thought that in general this doesn't work.
Which you would have to explain the rov not statistically, but as the
majority of plausible outcomes. And the mi'ut isn't a pluasible outcome.
All of which is why I was surprised by something in the AhS YD 315:9:
The case is of a cow where the first birth was premature, we can find a
placent and a large blood mass, but cannot identify the fetus.
The whole thing is not qadosh. E.g. it can be turned into animal feed.
The AhS cites gemara at the end of Chullin pereq 4 combining the mi'ut of
births where the resulting animal doesn't have the form of the mother's
species to the safeiq of whether the calf was male or female. Therefore,
only a mi'ut of births produce a qadosh animal. And so in this case, we
need not worry about there being a bekhor somewhere (perhaps dissolved)
in what the cow expelled.
But as my intro said, I thought we ignore a mi'ut when there is a
different safeiq!
Can someone explain how I am misunderstanding the AhS or the case?
Tir'u baTov!
-Micha
--
Micha Berger Mussar is like oil put in water,
http://www.aishdas.org/asp eventually it will rise to the top.
Author: Widen Your Tent - Rav Yisrael Salanter
- https://amzn.to/2JRxnDF
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