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RCL:<br>
<br>
<<So how about the really classic safek - the timtum, or the
koi? As I
understand the debate, some hold that the tumtum is a beriah in and
of
itself, and some hold it is a safek, but those who hold such a
person is a
safek hold that "really" such a person is a man or a woman, we just
don't
know which, it is not as though essentially and to the Torah such a
half man
half woman exists. Ditto a koi - we practice the halacha giving it
the
chumras of behama and chaya, but the options appear to be that it is
an
independent creation of its own, or it is <b class="moz-txt-star"><span
class="moz-txt-tag">*</span>really<span class="moz-txt-tag">*</span></b>
in the eyes of the Torah
one or the other, but we don't know which.>><br>
<br>
See Rabbi Bensimon's commentary on Rabbi Rosen's commentary on the
Rambam's H. Shabbos (details below) pp. 23-29, where he argues that
there are two distinct types of sfeikos, with different rules. One
type is a "safek b'etzem", which includes both of these examples. A
safek b'etzem is something about which we know all of the relevant
facts but still can't decide how to categorize it halachically. The
other type is a "safek b'geder siba", for which if we knew all of
the relevant facts (what is the source of each piece of meat?) we
would be able to categorize it halachically. So while I agree with
your basic point that RMB is confusing two distinct categories, I
think these examples are red herrings.<br>
<br>
Me:
<blockquote cite="mid:4F00A966.7080104@optimum.net" type="cite">I
just got back from a trip. I took Rabbi Bensimon's commentary on
Rabbi Rosen's commentary on the Rambam's H. Shabbos with me
(Tzafnas Paneah al H. Shabbos published by Mossad HaRav Kook).
It's a wonderful book for travel because it has a lot of short
self contained snippets, and I rarely felt the need to consult any
sefarim (I wasn't near a Beis Midrash). <br>
</blockquote>
RMB:<br>
<br>
<<You could sneak this onto Avodah by mentioning one thought
and then tagging on a plug for the sefer in which you found
it.>><br>
<br>
David Riceman<br>
<br>
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