בענין חזקת איסור במיעוט בתרא

Over the last several days, we've been discussing the base salevi in chelek base simon yud alef, which discusses shitas rashi in the sugia of chelek b'meitzei monim, which is on daf lamed amud base, and shav b'meitzei monim, which is on daf lamed base amud alef simon alef. The gemara in two places here in perek shoychet had any boya. What happens if somebody messes up shoychet b'meitzei monim? He tripped up on one of the halachas of moshe misina. And daf lamed amud base the gemara's question is, if he did chalada b'meitzei monim. On daf lamed base amud alef the gemara's shaila is, he did sh'hiya b'meitzei monim. Both cases, chelek b'meitzei monim mao, shav b'meitzei monim mao, and the gemara gives the same answer in both sugias. It's a one word answer, teiku. Tishbi yitaritz kushyos v'ibayos. We mentioned that this machlokes is rashi and rabbeinu tam had a long push and shove in the gemara. Rashi learns that the shaila was in the event that the shoychet already did roiv of the simon b'kashrus, but he messed up in the miut basar. Do we say that being that roiv is really all you need, and he already got roiv right, so this is a kosher sh'chita, and it's for that reason what you do in the miut basar is neither here nor there. Or do you say, being that you went vaiter, so the halacha is now you have no choice, but you have to get it right. And if you got it wrong, you're a moser kares. Rabbeinu tam is choylek with rashi, and the primary reason is cuz how could it be that if you already got the sh'chita right, even though you decided to go vaiter, but if you messed up only in the miut basar, be'inish. And because of that rabbeinu tam learns that the shaila was chelek b'shav b'meitzei monim, but not the miut basar. It was only the miut kam. Now you end up getting roiv right, hence the shaila. But the point is, it was not the miut basar where the mistake occurred, but rather it was the miut kam where the mistake occurred. We mentioned that as it relates to shitas rashi, there's a big machlokes rishonim what rashi meant. The rashba, the terumas habayis, the marshal in yam shel and really roiv rishonim understood that even Rashi who learned that there's a Sugya in two places and there's a side that even though you got to write maybe now you were mostly solely with the rabbonim with guys that but mid day rice it's partial once you get it right you got it right there's no way to mess it up stated that it for sure brings from that said that a little bit of Rashi the boy is in the boy they rice and it's even ask for that way from Rashi cuz Rashi says that being that the Torah says take the is we go to and if it's a child of the rabbonim will be a second rabbonim and from the fact that we go to it's master take a day rice or and if that's the case really the child of them becomes what's the one that what's the side that even though I did write it and I got it right but if I was to be an issue so the base of Levy says that Rashi is that when we say that only has the shaft driver the same one of the Rubik's Cube is the touch of Rubik's Cube that the sheer of how much of the same and you have to shaft is the right and once you do the right the rest of the same and might as well just be the foot it's not a mocking it's not a relic anymore of where the needs to be hot >> [snorts] >> or sheet is not hot in right of the same and sheet is hot in the gun to send no of us because of Rubik's Cube I don't need to shaft the whole same and to have a sheet in the whole same and >> [laughter] >> if I shaft right of the same and that itself can get me a sheet in the gun to send so to be so Levy Rashi understood that sheet has to be in the whole same and NO OF US RUBIK'S Cube tells me that when I shaft the right I get a sheet in the mid bastard as well if I would not shaft the mid bastard it's true I would have a sheet in the mid bastard how you did the sheet of the right but that's positive I decide to go and shaft the mid bastard so the sheet is not because of the make-believe sheet of that I got I did Rubik's Cube >> [laughter] >> glove. The schita is there because OF WHAT I DID. SO, IF IT'S HOW SCHITA IN THE MEAT PASTURE, well then we understand why if you hack it in the meat pasture, you shove it in the meat pasture, it's going to be a problem. If the way Rubashkin glove works, and specifically Rubashkin glove in the world of schita schulin is that the schita is only how in the right. So, it's not how schita in the meat pasture. So, IT DOESN'T MATTER HOW I SHACKED IT, IF I SHACKED IT, WHEN I SHACKED IT, WHY I shacked it. It's like shacking the ear or the foot. It's not part and parcel of the schita. So, there's no way that a hack in the meat pasture or shove in the meat pasture would be a problem. Now, Rashi learned that the schita was always how in THE MEAT PASTURE. NOW, IT WAS [laughter] IT'S HOW IN THE MEAT PASTURE HOW YOU DO THE RIGHT. BUT, if you decide to go ahead and do the schita in the meat pasture yourself, then it's me how I did the schita. That is what Rashi understood. And hence, this Gemara is the boya with a take off. Oh, and huggle the humra. But, this is the longest that the Beis HaLevi extrapolated from schita Rashi. Sayan daf lamed aleph beis. Sayan daf lamed beis amud aleph. Now, we will m'faful a little bit b'ezras Hashem in uh this schita of Rashi b'chlall and the havana of schita Rashi of the Beis HaLevi b'frat. We spoke about it a little bit from the katchin perspective. Cuz in katchin, there's a term called miruk. Comes from a Mishnah in Yuma daf lamed aleph amud beis. And miruk is the hashlama, it's the Gemara of schita. And we brought two rayas from the achronim that the miruk of a schita in the world of katchin is not treated like the schita. The Kohen Gadol on Yom Kippur, where it was a k'peid of him to do all the avoda, he would do the schita of the tamid shel shachar. But, because he had to do the kabala, he had no choice but to have someone else do the miruk. And there was no k'peid on that. >> [snorts] >> The Tosefta in the beginning of Massekhes Zevachim says that if ro'eh v'schita would be done with adam machshavah l'shem v'lo l'shma, but the miruk would be done with machshavah l'shem v'lo l'shma, it's neither here nor there. And the shayla is what's the reason that in have to be is a take with a second you're supposed to be yet in the world of mirror I don't care for does it on you want TO DO MIRROR MY GOD RIGHT ALREADY IF YOU HAVE THE ONE THE BASE IN THE MIRROR NOW WHAT'S USUALLY HOW YOU DO THE right but now that I went ahead and did it it's happening through my so why SHOULD IT BE OKAY IF A NON DOES it on and why should it be that if it shouldn't be A PROBLEM SO THAT was something that we were about. More recently we mentioned the for Brisket that brings in that he heard from belt and my sister got it. In the city of Brisk where there was so that was so Brisket but it was because the animal wasn't based on our studio of a which that if it's it's after they says so if that's true it should be true as well and said that being that it wasn't must be that it already died that if it died what you did in the mirror was nothing. SO EVEN THOUGH IT'S TRUE all the you could play IN THE MIRROR BUT ONCE IT'S THAT READY THEN OBVIOUSLY YOU can't do nothing and it's for that reason went ahead with his that day and we spoke out to others and some more contemporary show as it relates to this from but just to mention one more and it's really this is one of these mind teasers and it's a fascinating fascinating show. That the discuss and it begins with a chef the in it's so here's the background we know speak of Sfeik Sfeik stating that the only time you go when there's a Sfeik Sfeik is if it's not going up but if there's a then the is even you're still going to go Sfeik Sfeik but only that doesn't contrast to what you go even but if you have a Sfeik Sfeik you're going to go the is you're going to go it's for that reason the is that if a checked and he has a Sfeik Sfeik whether the was okay or not okay we don't eat the meat and the reason is based on the where the says and therefore it's always considered to be until you know for sure that something happened every before it gets a is considered to be now what's the that's says the is the once you animals for sure not so you can't say actually [laughter] holds so sir this is a whole another but says what's the it's the cuz it says in the which might means either a lot of but it but the bottom line is that IF YOU DON'T YET YOU'RE violating the you haven't fulfilled yet the and if you would go ahead and eat it that would be considered is there and that's what the is is but the bottom line is every animal until the is and for that reason it's brought down in that if there's a Sfeik Sfeik in a you don't eat it I it's a Sfeik Sfeik BUT IT'S WHICH IT'S THE GOING TO SAY THAT ACCORDING TO TWICE WITH its the end of the book close the chef smizer. What would be if there's a specs faker in the mirror master? What would be if the chef in the mirror master? And he had a specs faker maybe done the way like she does rashi. That a sheet in the mirror master is considered sheet and therefore you better get it right. I feel the right. So What would be right now if you had a specs faker? Says the chef smizer I'm very very natural. On the one hand my feeling is it should be no different than if I had a specs faker in the trailer or the answer to sheet. If there's a specs faker in the sheet even those facts faker even with the right you always go to not connect the over here there's a specs sir. So specs sir is other from a specs faker. I was up to smizer I'm not sure. You know I am [snorts] not sure because when this sheet went ahead and he shocked at the right at that point it became kosher. SO AT THAT SECOND THE issue went away. The the specs at that point the issue went away. IF AT THAT POINT THE ISSUE WENT away now that I go right through with THE MIRROR MASTER I'M NOT SO SURE THAT MIRROR MASTER IS GOING HEAD TO HEAD ANYMORE with the issue. Up until the right you had THE ISSUE BUT THE MINUTE I did the right at that point the issue went away cuz the issue went away. Right? If you would check the right drop your knife and take a bite out of this uh animal it's kosher. YOU DIDN'T DO ANYTHING WRONG. THAT MEANS THERE'S A MOMENT IN TIME WHERE THERE'S no issue. So if there's a moment in time where there's no issue so if I go right there and I have a specs faker I can't treat it anymore as a specs faker. Can I get this? What's the other side? The other side is that being that there's a long distance we know what the long is, the base of a levy. But being that [laughter] there's a lungdis that when I go right it's considered part of the shrita. And when I go right there, these are the words of the shmitza igloi muslam afreya, that the shrita is a shnitch of guitar. Are you day the right? But now the shrita is happening I do everything. I I only have to do right. No, really have to do everything. I just get the everything through the right. But the extent that I go right there this IS SHRITA, WHICH MEANS THE SHRITA IS NOT FINISHED YET. So if the shrita is not finished yet, it's still GOING UP. IT'S LIKE A is going to be a problem. Here's the point. Do you look at it in the real time or do you look at it based on what's going on in the world of the mafreya? When I get up to the mid basra and I'm about to do something that's going to involve a sfex faka. [laughter] At that second there's no there's really no hazaka. It's when I go and I feel right. And now it's a gloi muslam afreya that I continue to walk and that I was muslam the shrita are you day the physical shrita that the mafreya in the world of retroactive that that hazaka went away. So when I was living it in real time the hazaka wasn't there because the is so went away. But then again I went right there and the minute I decided to go right there now we're ready. The gloi muslam afreya that the hazaka really never went away. And if that's the case it's sfex faka the close the shmitza. It's funny you shmitza is a a hard safer, right? You sit down. You're not holding in chulan lamid lamid base daf tes and the sugis that we're learning right now. This is an almost impossible shmitza. But the truth is we're holding in it and this is already the fourth rebbie bisiacha de shmaya on this topic. So we know the Indian a little bit. It's like a shmaka shilo. In the event they had a sfex where usually sfex faka mid basra when you're learning bava kama this is hard. But sfex faka in the mid basra we're ordinarily a sfex faka in the shrita of being that is connected to would be dead on arrival. But, now that it's in the meat bathroom and in real time the went away. So, maybe it's a switch sticker you know when I decided to go fighter that the sheet was not in the slot. So, now it's that it's that's the case based on this I should be a problem. So, what do you think the is going to say? What's the of the is? Veneer. The whole I got them. Keep on the through the whole day. I forgot the whole new stuff in the meat bathroom. Then shove the meat bathroom killer the clock. You come my killer the show higher mission of the meat bathroom. The have a head there. The shove the clock I just rub the whole truck. SO, MY HAIR IS MOTHER. My hair is that being that when I shove the the sister went away. EVEN THOUGH I WENT FIGHTER AND EVEN THOUGH MEAT BATHROOM SHOVE THE MEAT BATHROOM WITH THAT TAKE with the super duper numbers. BUT, AT THE END OF THE DAY AT THAT POINT the >> [snorts] >> went away and if it went away my hair is that's why it's going to be. Then the says I have a right. And the is right is from the issue of the sister beyond the scope of this but the issue is the issue of the sister and then are all that was another I don't that said what the said will be at the of the house. And he brings the murder from the that's not beyond the scope scope of this fight. From the that we learned together. The is the of the of His is in of the everyday in Zion. The of the in that is discussing the of the issue. The fact with the shita of Rabbeinu Yerucham as quoted by the Tvu'as Shor that he would be an ambassador of an ambassador of a shaila on a deraisa level. Says the Chamdei oil van osuk b'divrei Rashi halach I want to share with you a safek that I had. Hoyisi mistapek when does the issur eiver min hachai in the world of Rashi's hechl b'mi basar v'shov b'mi basar go away? So we know when uh shochet shechts an animal, the issur eiver min hachai goes away. Right for a guy, eiver min hachai is misa talya for a yid it's b'shchita talya. So the question is at what point does the issur eiver min hachai go away? So ordinarily you shecht the rov of the simanim when you shecht the rov of the simanim, the issur eiver min hachai goes away. But what would be, says the Chamdei if the shochet decided to go vayter and he decided to shecht even though mi basar do we say that being that he went vayter, igloi mussar um afreya that the issur eiver min hachai did not go away when you shechted THE ROV? OR DO YOU SAY THAT BEING THAT IF YOU SHECHT the rov and you drop your guns at that point the issur eiver min hachai is gone, it's not going to come back cuz you decided TO GO VAYTER? AND EVEN THOUGH there's a sugya of hechl b'mi basar v'shov b'mi basar b'seider that just MEANS THAT IT'S CHUL SHCHITA EVEN in the mi basar, aber vos in the geder of the issur eiver min hachai, IT WENT AWAY. SO IF IT WENT AWAY, WHY ALL OF A FREY IT'S GOING TO COME BACK? THIS IS THE safek that the Chamdei had. Mistapakti, when would the issur eiver min hachai go away? So it's interesting. HE SAYS THAT L'FUM ri'usa my hegesh was that the issur eiver min hachai should go away when you finish the shchita. So that even though it's true, if you pause the screen when you do rov of the simanim there's no issur eiver min hachai. And if somebody would take a bite out of this animal right now he's not over the issur chamur of eiver min hachai. But if you decided to go vayter and you see that's considered a shchita, so igloi mussar um afreya or not? So he said as the l'fum ri'usa is that there should not be an issur eiver min hachai. Stating that that the the issur eiver min hachai should be there. Cuz if you decided to go vayter so the issur eiver min hachai kilul um afreya of jump right back. Stating that he says I'm a foolish Raya. I'm a foolish Raya not the way. And the Raya is from a very good Makura Gemara. The Gemara that we went together and we went back to in one of the earlier Rebites in the Masaka. And that is in Gemara in Daf Samech Bet. The Gemara over there brings that there was a Machlokes of Achla and Ravina regarding a the sakin of a treif. If you have a shochet, he shocheted an animal and it turned out that the animal was a treif. The question is does the shochet need to kasher the sakin now or does he not have to kasher the sakin now? What would be the side that he should have to kasher the sakin? It's because we know that the base of shochet is chaim. It's considered to be hot and as a result it's blias and plateus. To the extent that he shocheted a sakin this blias of he shocheted a treif so there's blias of treif inside the sakin right now. So he should have to go ahead and do a hagala. And that's what's going on over there. And the Gemara is different style than what the shilo might exact. Says the Gemara, "Lachura, I have a raya that if somebody shochets a treif, you don't have to kasher the sakin. You know what the raya is? Because if a shochet that shocheted a treif, the sakin needs a hagala, then every single time you shochet an animal the sakin should need a hagala. And the reason is [laughter] because when the shochet goes ahead and shochets the animal before the shochet is roiv simonim the animal is even alive. Which means that the sakin has blias of even alive. So if it has blias of even alive because of the chaim base of shochet, SEE HE SHOULD ALWAYS HAVE to do a hagala. So we spoke about this you have a raya from here that there's something called blias of even alive. The whole The bottom LINE IS SO LACHURA says the Gemara, it's possible that a sakin of a treif you don't have to be magel. Because if you have to be magel the sakin OF A TREIF, THEN EVERY TIME THE SHOCHET SHOCHETS YOU HAVE TO BE MAGEL. No one ever heard of such a thing. But the Gemara says that's not a raya. You know why it's not a raya? Because it's true that the base of shochet is chaim. And it's true when you shochet an animal that's not kosher with a sakin, it's going to be blia from the animal. There would be a problem. BUT WHEN DOES THE BASE OF shochet become chaim? When does it become hot enough for it to do what it does in the world of Yuria? It's at the Gamara the Shita. At the Gamara the Shita it's not even a anymore because it's only even a before the Gamara the Shita. And being that at the Gamara the Shita it's not even a so mathematically it just doesn't line up and so that reason there's not going to be a problem. NO GAMARA SAYS YOU'RE RIGHT. EVERY SINGLE TIME YOU CHECK an animal the man second tray for by a go low you should eat that go on THE SECOND. BUT TECHNICALLY IT'S NOT AN ISSUE BECAUSE when it's even a high it's not hot. BUT WHEN IT'S HOT IT'S NOT EVEN a high. So you never have it that it's hot and even A HIGH. SO WHY THIS IS GOING to have AN ISSUE? SO THE Schliemann of the floor he says that's all good when you check only right. He says but what's going to be if the Schliemann goes in and he checks THE ENTIRE SEMEN WHICH THE SAYS YOU'RE SUPPOSED TO DO. THAT'S THE RIGHT. WE SAW right in the beginning OF THE SCHLIEMANN >> [laughter] >> SUPPOSED TO GO AHEAD AND CHECK. RIGHT? YOU'RE SUPPOSED TO GO AHEAD AND DO IT. IN THAT SITUATION EVERY TIME the Schliemann does you can end up with this problem. You know why? BECAUSE WHEN YOU CHECK THE right it's bad the Schliemann. You're going to have the of the Schliemann. How do I know that? BECAUSE ALL THE OF THE SCHLIEMANN ARE TOTALLY IN THE SCHLIEMANN AND SCHLIEMANN is considered a Schliemann. SO IT'S POSSIBLE you're going to have the of the base of Schliemann when all you do is you check the right. And if you're going to tell me that right SCHLIEMANN IN SCHLIEMANN WHEN I GO RIGHT there it's Schliemann [snorts] and the even a high. SO WHEN I CHECK THE MEAT FASTER THE SECOND BEING AWAY FROM THE even a high. IT'S TRUE UP UNTIL the right you'll tell me there's NO SCHLIEMANN. BUT WHEN I GO AHEAD AND I CHECK RIGHT NOW it's high. IT'S SUPER DUPER HIGH NOW. SO FOR SURE WHAT HAPPENS IN THE MEAT FASTER DOES HAVE THE ability to be by layer. And if it's going TO BE BY THE EVEN A HIGH IT SHOULD BE A PROBLEM. SO THE SCHLIEMANN that's the case it's clear that even though my hair was that if I go right there in the world of Russia you have to say there is even a high is going to be there. I'll be a few minutes there is a even a high. There is a even in a guy. It's really not going to be there. I saw you that when someone you have no choice but to say that this is the way it's going to be. If you think about it, the chef might say in Schmeitzer Olive Bay is and the Schloime in your day in Zion, they both arrived in the same exact place. They're both saying the same thing. What they're both saying is is that even though there's a Rashi of and there's a Rashi of Scholem Bastro, but this whole sheet is Rashi is only in the guy that if you mess up in the the sheet is going to be a sheet of Sula. But at the same time that's Clark that as it relates to the >> [laughter] >> Israel be it even in a guy. Be it in the world. The is this going to go away in the Schmeitzer's world? What would be if you had a fake in the mirror by the way, it could be you don't even need a in the mirror because if you remember the whole of the mirror is a with a so it could be even one stuff would be in the stuff. But anyway, a fake in the mirror would be not considered a fake in the world. It would be considered regular fake you would go to cool which the Schmeitzer is a cuz in the world when there's a fake in the world. But in the mirror as much as in the mirror, but being that it's like in the world over there not discussing is there IN THE WORLD? THAT WAS HIS DISCUSSION is there in the world? And the said the same thing that even if you go wider where we look at what you did wider as being part and parcel of the but at the same time but at the same time that is only as it relates to if what I did is and not above us is in the guy that in the guy that's in the guy is going to go away. They're saying the same thing. They're both saying that even though the goes wider in the mirror, but what's in the guy how I view the animal right when I finish the right. They're both saying I view it now as a kosher animal. I view it as a kosher animal. Now if I mess up then you're going to friend a problem. But the master I view this as a I view this as a kosher animal and therefore in the world of the Shabbos might say you don't have any of the issues and in the world of in the world of the in the world of the you're not going to have any what's interesting though is that the chef might say in his in his it was the of the government after the other number of people become working of the show you have a lot of stuff there. The of the choice of the chef might say the of the of the chef might say there's no one who's a bigger authority in the world of in the chef might say right. So, the chef might say maybe the chef might say it's probably the best but the chef might say in his of the chef might say it was that this is the way it should be. [laughter] THE CHEF MIGHT SAY IT'S GOING TO GO ON THE CHEF MIGHT say it's about of the chef might say the chef might say was a good man and the chef might say >> [laughter] >> the chef might say it was the the chef might say his it was just the opposite. His it was the other way around. The end of the day they both they in the same exact place. They both arrived they met up because at the end of the day they had right. Ironically the chef might say it did not have a right in the the chef might say had a right in the floor from the of the but again it's a fascinating discussion little bit of a mind teaser we'll save the second rate by next time for tomorrow. I will stop here.