Review Questions shiur 26 edition 4.1

1) What is the machlokes Rashba and Tur?

2) How does the Bais Yosef defend the Rashba?

3) What are the two ways to explain the Tur?

4) Why do we permit a piece cut in Simon 101 and not in our case?

5) What is the machlokes between the Shach and Taz concerning the text of the Mechaber?

6) Why are the aino r'uya l'hischabed pieces assur in a case of ta'aruvos chatichos?

7) What is the nafka mina between the reasons?

8) 7 cows were shechted in the slaughterhouse and then 2 ½ were transferred to a shop in town. What is the din of:

a) The four cows in the slaughterhouse?

b) The other two in the shop?

c) The two half cows?

9) In the case of parush m’maila:

a) What is the machlokes Rabbainu Tam and R’ Yitzchak?

b) What is the halcha?

10) What are the possibilities for pshat in Rabbainu Tam?

11) May one intentionally disperse the ta'aruvos if none remain in the kavuah?

Review Answers Shiur 26
1. According to the Rashba the pieces that are not r'yua l'hischabed are mutar m'ikar hadin, according to the Tur they are assur m'ikar hadin.

2. He says that the Rashba is referring to case 2.

3. 1) The Tur understood that the Rashba is referring to case 2 which is assur mid'oraisa.
2) Since part of the chaticha is assur the other part is also assur.

4. In Simon 101 there is only one piece of issur therefore if the piece cut is the issur it does not affect the other pieces. In our case since there is more than one piece of issur the others are also assur.

5. The Taz and Shach did not have the word "likach" in the Mechaber. The Taz infers that pirush lo l'fanainu would be assur. The Shach infers that if it was taken b'dieved it is assur.

6. According to the Taz since they are from one piece they have one din. According to the Shach because people will take from the pieces that are r'yua l'hischabed.

7. According to the Shach in a private home the aino r'yua l'hichabed are mutar, according to the Taz even in a private home they are assur.

8. a) Assur, they are ossur by kavua d'rabbana.
b) Mutar, they are parush lo noda and are thus parush from the rov.
c) According to the Chelkas Mechokek they are both mutar. According to the Bais Hillel they are both assur. According to the Shach the half in the store is assur but the half removed is mutar.

9. a) Rabbainu Tam holds that there is no need to make a gezaira shema yikach because no one is taking anything from the ta'aruvos. R' Yitzchak holds that parush m'maila is ossur because someone will take something from the remainder (shema yikach) if we permit the parush m'maila.
b) The Mechaber holds that shema yikash does not apply. The Shach and Taz hold like the Rosh that parush m'maila is ossur.

10. 1. Only if was sperated by the action of a Jew is it assur.
2. Only animals are permitted.
3. Only if it wandered off on its own is it permitted.
4. Only by chullin is it permitted.

11. According to the Rashba no, according to the Rama yes. The Rama holds it is mutar if it was dispersed but acc. to the Shach this is only if the person did not know that it was assur to disperse them.