Review Answers Shiur 9 as of 10/12/05

Review Answers Shiur 9


1) The Toras Chatas understands the Issur V'heter that it is a ch'r'l. He argues that the cheese is not a ch'r'l because it is an issur balua. The Bach holds like the Issur V'heter and the Taz holds like the Toras Chatas.
The Nekudat HaKesef disagrees with the Torat Chatat's understanding of the Issur v'heter. He argues that the Issur v'heter and the Bach would agree that where chalav treifa is used as a ma'amid, the cheese would not have the din of a ch'r'l, and he therefore holds that the cheese in this case does not have the din of a ch'r'l.

2)Bach, Issur v'heter and Nekudat HaKessef - Yes. This accords with the way in which the Bach and the Nekudat haKessef understand the Torat Chatat.
Taz If the only chashash is that tameh milk was mixed in then no. It is an issur migufo with regard to sfek sfeika because the Chachamim gave it a din of a definite issur and if it is not batel b'rov, we cannot make a sfek sfeika. But in relation to the din of ch'r'l, it is considered an issur balua. This is how the Taz understands the Torat Chatas. However, if there is a possibility that it was made with ohr hakaiva then the Taz would agree that it is a ch'r'l.

3) Cheese made with enough traifa milk that when made into cheese it alone is enough to be a ch'r'l.

4) According to the Taz yes. According to R' Akiva Eiger no.

5) There are 4 opinions as to what state a chaticha needs to be in in order to be R"L:
1. Rosh -- Even if the chaticha needs a lot of processing before serving it is still R"L.
2. Smak -- It is still R"L even if it still needs cutting or is raw.
3. Rashba -- It is R"L if it is still raw but not if it has not been cut to appropriate size for eating.
4. Y"O in the Rosh -- Only if it is ready to serve.

6) The Rama holds by the Smak.

7) The Mechaber holds by the Rashba or the Y"O in the Rosh. In our seif, he seems to hold by the Y"O in the Rosh that only a piece ready to be served is R"L. But in Simon 69 he holds that raw 3-day-old meat can be R"L, thus he seems to hold by the Rashba there.

8) L'ma'aseh, Ashkenazim follow the Rama and Smak. Sepharadim follow the Kaf HaChaim who says that in places where the minhag is to follow the Y"O that is fine; all others should follow the Rashba.

9) Whether or not one piece of gibbin is R"L is a machloket Taz and Mshbetzot Zahav.

10) Ch'r'l depends on time and place because what people consider fitting for guests varies with time and place. For example, we consider a good cut of veal to be R"L, but there are communities where eating veal was considered something to avoid (because of tzar ba'alei chaim). In such a community, veal would not be R"L.