BSD
Shkolim 19a (2)
Adar 4, 5785 – 3/04/2025
1- Continued from last week if money was found on the floor in the area of the 13 שופרות.
Since there are many levels in הקדש, a coin found between these 13 שופרות (that are destined for different types of the עבודות in the בית המקדש), there are specific rules on where to allocate them to.
2- We ‘scratched the scratch of the surface’ on the large issue of ספקות.
Namely, for all the תרי”ג מצוות where there is no doubt or question life is simple.
- Putting on fire on Shabbos is prohibited.
- Crabs are not kosher.
- Tefillin need to be worn everyday.
However, in case of doubts, like ‘is electricity considered fire?’ ‘is swordfish kosher?’ or ‘is 10 minutes before night considered day?’ all of these fall into the category of ספיקות.
The same applies if we are unsure if for example: did I say שמע? Or when we are unsure what the final הלכה is. Is machine מצה is OK for the first night of פסח. Or one is unsure if he gave מחצית השקל.
Torah life is full of such ספיקות.
3 – We mentioned that interestingly nowhere does the תורה say explicitly, that when in doubt, if we should go לחומרא or לקולא.
However there is the global rule that if the ספק is in regards to a מצוה דאורייתא, we usually go לחומרא. On מצוות דרבנן we usually go לקולא.
ספק דאורייתא לחומרא וספק דרבנן לקולא
Parenthetically, we mentioned the famous מחלוקת between the רמב”ם and the רמב”ן if this rule itself is מן התורה or מדרבנן.
The classic work on this topic is the שב שמעתתא.
4 – The above rule that ספק דאורייתא לחומרא וספק דרבנן לקולא, obviously is only when we cannot resolve the ספק. If we have a piece of meat of unknown and unverifiable origin, [it is – ספק – [כשר או לא, we go לחומרא, since it’s a דאורייתא question. If something is questionable if it’s טבל (nowadays), then perhaps we go לקולא.
Kosher?
But ספקות can be resolved by verification. Such as witnesses (a Hechsher) stating that an item is Kosher. If a גט is in question if it actually reached the woman’s hand, witnesses can testify and the ספק is resolved.
5 – There are other ways to establish a fact when in doubt.
We briefly discussed 3 of these methods; all three are מן התורה.
A – חזקה. Roughly translated as ‘status quo’.
For example, if a מקוה drops below 40 סאה and we are unsure when this drop occurred. חזקה will tell us that we can assume that it had a full 40 סאה up to the moment we realized that it was below 40.
B- רוב. That means we rely on statistics and nature. Since in the majority of cases the results are x, we can assume that this ספק is also x.
For example in הלכות טריפות: an animal is טריף if the membrane covering its brain is punctured. Now, do we need to check every animal if that is indeed so? The answer is that we rely on רוב. Being that by far, most cows and bulls do not have punctured skulls, there is no need to check them.
[Lungs are checked because lesions סרכות are common]
בדיקת הריאה
C – קרוב. Location. If an object found on the street and we question to whom it belongs, קרוב rules the person that lives closest to the location where it was found, has a strong case that it belongs to him.
6 – We discussed the מקור for all 3 above and what if two of the above point in opposite directions. Which one outweighs the other?
7 – In general, these 3 types of verifications, the הלכה is not telling us ‘what actually the item is’ or ‘what actually happened’.
For example, finding a piece of meat in a city that has mostly kosher butchers, the הלכה, says that it can be eaten. But it does rule that it is a kosher piece of meat or that we are allowed to eat it? The consensus is that it just advises us that we can rely on the רוב and eat it. We discussed this point at length.
Which store did the meat come from?
Ditto for חזרה and קרוב.
F – However, we mentioned ר’ אלחנן וסרמן who says (קובץ שיעורים ב”ב סי’ ע”ח) that there is a difference between a חזקה and רוב. A חזקה, as above, only tells you that ‘follow the status quo’.
For example: If a man throws a גט to his wife and we are unsure if it reached her, we go after the חזקה that she is still an אשת איש since are unsure of what happened. But it’s not that the חזקה tells us that it did not reach her because she is an אשת איש. For what has her current status to do with resolving the question if it reached her or not.
It’s just that since we are in doubt, we leave her status as it is.
רוב however verifies (to an extent) what the status is. Like in the example above of finding meat in a Jewish city.
The רוב verifies and tells us that it is indeed a Kosher piece of meat.
These topics are deep and complicated. We mentioned them as a broad introduction to explain our משנה that says that we follow the rule of קרוב, as where to direct the coins found in the area of the שופרות.
Why not רוב? Why don’t we check which שופר has the most coins?
To be continued.