Review Answers Shiur 25

Review Answers Shiur 25

1. The din of kavua comes from Devarim where we learn that if a man hates his neighbor and ambushes him to rise up against him and kills him he is chayav for murder. From the extra word "lo" (him) in the pasuk we learn that if a Jew throws a rock into a group of 10 people, nine of whom are Jews, we don't say that he intended to kill a Jew and is chayav mita rather we look at it as 50/50 and therefore he is patur.
2. We follow the rov based on the pasuk achrei rabim l'hatot do not follow the mistake of the majority but in other cases you should follow the rov.
3. The din of rov does not apply if the items are kavua -- either in designated and known places or knowable (like people) and we see that the item was taken from the kavuah.
4. It is a gizairas hakasuv.
5. The difference in halacha between parush l'fanainu and parush lo l'fanainu is that parush l'fanainu falls under the din of kavua since the safek starts in the place of the kavuah, but lo l'fanainu falls under the din of rov. If there are 9 shops of kosher meat and 1 piece of treif meat and we see one being taken from the kavuah, it is ossur by the din of kavua; if 1 piece was taken out of the shops but we did not see it taken it is mutar because we say it came from the rov.
6. We make a gezaira of basar shenitalem min ha-ayin because maybe a non-Jew or bird switched the kosher meat for a treif piece. For example, I send my non-Jewish housekeeper to buy meat. She comes home with a piece of meat but the label has fallen off and it is not sealed with a kashrut seal. The meat is basar shenitalem min ha-ayin and is ossur. If there were no such gezaira, then if the majority of the stores sold kosher I could assume this is basar she-nimtza and it came from the rov and is kosher.
7. - 8. The 3 types of kavua are:
1. Kavua d'oraita. The classic case: Nine stores sell kosher meat; one sells treif. I buy meat and bring it home but I don't know which store I bought it from. This meat is ossur d'oraisa.
2. Taaruvot Chanuyot: One shop has treif, you don't know which one. You know which store you bought from. Machloket if assur d'oraisa.
3. Kavua d'rabbanan. Dealing with chatichot. The issur is not Nikar and is batel m'doraisa, but because if is davar chashuv/sheb'minyan/Chr'l/ it is not batel m'drabbanan.
9. The Ra'ah holds that in all cases the parush is ossur -- we always hold by kavua l'mafreah. The Ra'ah says that kavua establishes a gilui milta l'mafrea -- a retroactive fact.
The Ran and Tosefot hold that in all cases of lo noda, the parush is mutar -- there is no kavua l'mafreah. The reason is that kavua is a chiddush and as a chiddush it only applies from when it is known.
According to the Shach, the Rashba holds that in case two we hold kavua l'mafreah but in case 3 we do not; according to the Pri Chadash, the Rashba holds like the Ran.
The Rosh says that rov applies in a case of lo noda. The Bach says that the Rosh is referring to case 2 and that therefore the Rosh holds like the Ran; the Shach says the Rosh is referring to case 3 and that he ossers even in lo noda in case 1.
10. The Mechaber permits this case because it is a safek s'faika, the Rama holds that this case is assur because the first safek is assur mid'oraisa therefore we can not build a safek s'faika. The Shach explains that the Mechaber permits this case because it is a chidush.
11. The Taz argues with the Mechaber's sofek sfeika. He says that since the kavua was an issur d'oraita, the second taarovet is ossur; only a third taarovet would be mutar by a sofek sfeika. The Shach says that because kavua is a chidush, ain bo ela chidusho -- thus we only apply kavua when the chaticha is nikar. Once the first taarovet happens, the issur is no longer nikar; thus the second taarovet is mutar.
12. The Shach argues with the Rama who ossers a sofek sfeika if the issur is d'oraita. The Shach will rely on the Ran in a hefsed meruba to allow the taarovet by pirush lfanainu -- provided the chatichot are not all eaten at the same time.
13. The Taz adds the case of 3 taaruvot. In the case of a third taaruvet, he will matir the third by sofek sfeika.