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Davar Sheyesh Lo Matirin: Rashi and the Ran on Bitul, Safek, and Future Heter

Original title: voice_28-01-2020_13-09-52 סימן קב-א.m4a

This shiur is a very nice topic. ... Seif Aleph. So, go ahead, Azaria, read. Lechaber. Kol davar. Sheyesh lo matirin. Oh, put an emphasis on that word, kol davar sheyesh lo matirin. ... on...

Speaker or source
Archive
Category
Halacha
Subcategory
Yoreh Deah
Sub-subcategory
Kashrus
Duration
0:35:04
Recording year
2020

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This shiur is a very nice topic. ... Seif Aleph. So, go ahead, Azaria, read. Lechaber. Kol davar. Sheyesh lo matirin. Oh, put an emphasis on that word, kol davar sheyesh lo matirin. ... on beitzah shenoldah b'Yom Tov. So, yeah, go ahead. Yeah, kirei beitzah shenoldah b'Yom Tov, it's muktzah, yeah. And then it got mixed in, what? With others. Yeah. So, l'machar, it's mutar. L'machar nitar b'acheres, bein shleimah bein treifah. Tomorrow you can eat it without—it's not a problem, right? So now it got mixed in, so don't be batel. Eino batel, afilu b'elef. Why? Because it's a davar sheyesh lo matirin. So this is the halachah of davar sheyesh lo matirin. And as always, we do reading here, and we're going to read every word. Davar sheyesh lo matirin. All right? Now, let us start with the words of the mechaber: Kol davar... You're supposed to learn this like Mishnayos? Hakol asuy mai? I mean, you didn't have to write—you just write, davar sheyesh lo matirin. Maybe he's learning lashon of the... I don't know. I just want to know, are there examples where we don't say davar sheyesh lo matirin? That's really what I want to know. Obviously. Oh, obviously. What's it? I take it back. It can't be that obvious, right? Dude, you're trying to use sefer halacha. If it's not included in here, you should mention it. I don't know, so you should mention it, right? He expects us to. So what's the ...? There's only one example of it? There's only one example of davar sheyesh lo matirin? No, that's anything that's similar to this, like. Yeah, so that's your example. You decided that that's the best example. That's the example in the Mishnah. Yeah, but that's like the best example? Maybe not. That's all. I just want to know. So if I came over here and I asked you, are there other stories of davar sheyesh lo matirin? Definitely. And how do you know that? Because it says kol, right? And what example is given? Beitzah. And is that the, like, classic? Is that it? No. Is there a reason why that's it? I don't know. It's really busa b'chalav here. I don't know, maybe you could have thought of something about basar b'chalav. I don't know. You tell me. I'm asking, is there any other story of davar sheyesh lo matirin? Chadash, chametz. What else? Treifah. How can treifah become matir? So you like the case. Huh? Okay. So that's your answer? Is that your final answer? That's the best example that you can come up with? Okay. As long as you're happy, I'm happy. Continue. No matter why you're happy with that, but whatever makes you happy. Continue, next one. Davar sheyesh lo matirin. Davar sheyesh lo matirin. So is it the davar or the issur? Are we talking about the thing will become mutar or the issur will become mutar? So I know what they're thinking. ... with his lomdus, with his yeshivish, with his ... Okay, you don't like it, throw out the Taz. I have no problem. No problem. Please, just throw it right out the window. Huh? So now you're gonna ask, where did I see the Taz? I can't understand how you didn't see the Taz. The first in the Taz. But let's see again. Is it the davar will be mutar tomorrow, or the issur of the davar will fall away tomorrow? What is the issur? So the ... of davar is not—what's the difference? What's the difference? Look, it's not me nudging, I'm kvetching, right? Okay, so let's see. You said you wanted to read. This is how I do it. All right, go ahead, continue. Davar sheyesh lo matirin. Ha'im amrinan davar sheyesh lo matirin v'lo batelah, gam b'issur d'rabbanan? Another guy is gonna come and say, Yeah, that's the story, right? The whole davar sheyesh lo matirin is issur d'rabbanan. But that I know. That isn't my question. My question is, do we say it on an issur d'rabbanan, or is it only by an issur d'oraisa, or the other way around? Maybe we don't say it on issur d'oraisa, or only by an issur d'oraisa. Talk to me. What is—

This is davash yeish lo matir. Chadash ain'to asur min haTorah, right? Is this a story that's asur min haTorah? What's the story? So seemingly it's asur min haTorah or mid'rabbanan? It's asur mid'rabbanan, right? That's what it seems, right? Now you know why he picks this case, right? Where else you can find this issur d'rabbanan? You know any other issurim which are d'rabbanan? Ooh, interesting, huh? Maybe that's why it's good. You could have thought of that, huh? No, wait. How did you learn the story? Is this a de'oraisa or is this d'rabbanan? Egg is this d'rabbanan. De'oraisa it's allowed, right? What's the problem eating that? Clearly that's what it's saying, kegon even an issur d'rabbanan. D'rabbanan. So the question is what if the— So the truth is you guys don't know halacha. Well, I don't mean—I shouldn't have said that. I was too sharp. The truth is I have to open up your eyes to tell you that not every beitzah shenoldah b'Yom Tov is d'rabbanan. If it's a beitzah shenoldah b'Yom Rishon, it's de'oraisa. Why is it mutar? No, because since it was born in the mother's stomach on Shabbos, the day before, so halacha is clear, clear. It's an often halacha that the issur is de'oraisa. It's nolad. On Shabbos or Yom Rishon? Oh yeah, Yom Rishon. Yom Rishon, Yom Tov. It's Yom Rishon of Yom Tov when Shabbat was the day before. That's right. You want to look up the Mishnah Berurah like this, that you won't say I make it up. They say I make up Mishnah Berurahs. Look it up. Hey, hey, have kavod given. You understand what I'm trying to ask you? Yeah. What the story of the egg, you give me the real story. Is it really a drabbanan story? Is it a de'oraisa story? It's a good question, you see. Taf kuf yud gimmel? Yeah, Taf kuf yud gimmel. Yeah. Beitzah shenoldah b'Yom Tov asurah ligabo, which is a muktzah. Yeah. V'achar kach shelad achar, v'ein mit'arves afilu b'elef, kulan asuros. That's our halacha, huh? Interesting, huh? Taf gimmel. Because even a safek is asur, yeah. Beitzah shenoldah b'Yom Tov shenitbashlah b'shogeg im basar b'tavshil, im yesh shishim keneged ha'kul mutar, chutz min ha'beitzah. Where's already say? And if it was on Shabbos, Yom Rishon? Yom Rishon and Shabbos together? No, it was nolad b'Yom Rishon. So where's already want to say, where is it? ... Yom Tov shechal lihyos b'echad b'Shabbos asurah mid'Oraisa. Where is this? It's on a Sunday. That's right. That's like a unique case. Could—I'm not—do you want to read with me? I don't know. It said about a beitzah shenoldah. I want to know when the story is. Because it was born— that's such a far-fetched—does everybody agree to this? But this Mishnah Berurah—no, rip it out. Take it and tear it up. Tear it up because far-fetched, it's not negeiah. Oylos Shabbos that דין can have a גם כן מקום... So what I'm asking is, listen, I'm asking a simple thing. When it says, you told me a de'oraisa d'Rabbanan, what case are we talking about? I guess the chiddush is even a d'Rabbanan case, right? That even though it's only asur mid'Rabbanan, davar she... right? Davar sheyesh lo matirin, bimutar. Good? Just reading with you. So when is the beis Shenolda b'Yomtov? Beis Shenolda b'Yomtov means Monday, Tuesday, Wednesday, Thursday. If it was born on Shabbos, it'd be no good. If it was born on Sunday, it's no good. Why? What's wrong with Shabbos? Shabbos then you have the muktzah of Shabbos. Muktzah, d'Rabbanan. Yeah, okay. No, I'm just saying, it depends when. Once a week you have a situation. Okay, move on. U'mehaShulchan Aruch mashma... Go ahead. Lo shna. So if כן, the story really is about issur d'Rabbanan. That's l'choira the setup of the halacha, good? That on a d'Rabbanan, what's the story of beitzah shenolda? Is that the only—go ahead, read again, Zarya. Im beitzah shenolda hatzira, yachid she'efsher boi din, davar sheyesh lo matirin. V'im kein, lama lashon kegon? What is kegon? Mashma sheyesh yeshurim acherim. Must be other cases.

Can she esh acharim, and if there are taka other cases, so then why are you talking about— I mean, why is Beis Shmuel— We can ask that on all examples. I know. All right, if you feel that there's no— usually you try to take the best example. Imagine you had to argue a court case. You're going to give the best example possible. You give the best example, the classical example. You compare everything to that. Why is this the classical example? That's really the question. And the truth is, you will get an answer if you knew who authored the Taz's shach. That's the real answer. See, when you read, you get— this one says mutar and this one says asur, right? That's what you're going to read. But when you really read it, you start to understand what is unique about Beis Shmuel. There's something very unique about it, all right, that this becomes, in Yiddish, the klimt a sanchel, which is an English word. Quintessential? Yeah, that's how the English speak. Klimt a sanchel. If they give a little twist to it, it becomes a Yiddish word. This is the case of davar sheyesh lo matirin. Why? Okay. Most Yiddish words are like that. Good, so let's go. Yes, so far so good? No? Azai? No good? No, good, good. Okay, so read the next one. So what? I don't understand. What does רבי want to say? I don't want to say— I'm just asking a simple thing. Read for me. Kol davar. Now, kol davar means many cases, right? Obviously it's not davar. And kegon means this is the example that everyone has to fit into this example. That's how you read this thing. What's davar— why is beitza the example? Why can't we say parshas? That's the Mishnah's example. And why would the Mishnah— The Mishnah used it in Or Chaim here. Right, so why would the Mishnah? It makes the question even stronger. If it's only in Shulchan Aruch, it's just a keikel guy. But this is what the story is. The story is davar sheyesh matirin is this. This is it. Why? All right, move on. So, any answers? Soon, very soon. We didn't even start. We just start reading. You wanted to read, so learn how to read. Go ahead now. Shleima ben trufa, whether it's full or whether it's already what? The egg is already beaten, yeah? Yeah, so what's the chiddush of shleimah and treifah? So let's read the— Treifah doesn't mean that it's treifah; it means it's beaten. Beaten, I said treifah. Yeah, go ahead, nu. Says the Taz, se'if katan beis: פירוש, דלאו הכי אינה בטילה, דהוי דבר שבמנין ולא בטל. Shleimah, I understand, that's another issue. It's a davar shebeminyan. So that's the pshat, בין שלימה בין טריפה. דלא תטעה לומר שבהביצה שלימה אין בה אלא חומרה דרבנן, דדבר שבמנין. כלומר, יש שם גם חומרה דאורייתא. אך כמנין, אין ספק כמו שהזכיר בסמוך, סעיף ג'. ובפרישה האריך בשביל זה בחינם. אפילו ספק. Ah, so so far so good, right? So what is he trying to say? בין שלימה בין טריפה, because shleimah anyway has the issue. So you still think it's a good example? You still think it's the best example? I think it's the best. Whatever, I'm just still trying to see what's going on here, because anyway the shleimah has a davar shebeminyan, and a davar shebeminyan— That's an extra question, maybe. So let's talk about the shleimah. Is it really taka? Davar shebeminyan, is that true? Yeah? Is that true? You, the mechaber holds that an egg is a davar shebeminyan is lo batel. You believe that? I didn't do siman pei-vav. So let me tell you, the halachah l'maaseh, it's not true. The mechaber doesn't hold like that. So let's read it inside. Go ahead. Or you can read it in my sheets and believe me, whatever you want. Go ahead, no? V'ein mechaber siman pei-vav. Okay, which is the way the Taz is learning the Shulchan Aruch here, correct? Bein shleima means because a shleima would be, would be, right, would anyway, and that's why he says bein shleima, bein trufah. Miu, ein mechaber siman kuf yud aleph, litra kitzais. That's the case in the Gemara of davar sheb'minyan. They used to sell dates, dates, dates, kitzais, and the way they sell, liter, they sell it by a davar sheb'minyan. And over there there's a machlokes, the Chachamim and the Tana Kama, if it's a davar sheb'minyan lo batel.

Literally, ketzais, the mechaber paskens, havei davar shebeminyan, and still it's batel, which means he doesn't believe in davar shebeminyan lo batel. So shivah dvarim, only seven things, right? Literally, ketzais is not a davar shebeminyan; it's batel. Mechaber paskens it's batel. The Gra already says that there's a stirah here. The Gra says, if you look in our seif, it's mashma בין טריפה בין שלימה, that a shelamim is a davar shebeh. While over there in kuf yud, he learns, right, that it's a kuf yud, that it's not batel. So the Be'er Hagolah in kuf yud, se'if katan gimmel, says, yesh stirah, ha'ikar that according to the mechaber, davar shebeminyan is batel. Boom, you got a problem with this בין טריפה בין שלימה. All right, so please learn these mareh mekomos, because this is very important. כמה... המכריע שלא ילבש חנור... פסק דביצה אכילה בלא... ונראה דלפני דהא אחרונה היא עיקר לדעת המחבר, שרבי שמעון פייבא... ולא נחית לפרש דעת החולקים בזה. רק כתב בסימן קי״ד... דשמא יש ביאור, שיש חולקים עליו. עד כאן לשונו. וכן עשה בסימן זה, ירד דמיניה דעת החולקים. ולא ידעתי ליישב דבריו, דמה שאמר אלה ביצה אינו בטל, לא משום שדעתו לימנות, אלא משום דהרמז... כן בביצת ריקום אפרוח, משום בריה, ואפילו באלף לא בטל. הרמ״א כתב כן בכל ביצה משום בריה, לכן לא חילק. It's not berius, not davar shebiminyan. Treifa means it's not a beri anymore because it's crushed up. So you're saying Maran is saying in kuf yud is the ikur because that's the sugya, bedukta. Okay, so he needs to know this because this is big stuff. This is big class. Okay, Azaria, go ahead, go ahead. Learn it together with Nissan, and I'm sitting here and listen. Go ahead, read it over again from the way you hold. Go ahead. Can I say it outside? No, but I want Azaria to read it from the page. I want him to see it inside. And Beragola, read siman kuf yud so you can give him. Not the Beragola that's on the Bel Palm, it's a different Beragola. Go ahead, yeah. The yesh stira v'ikar l'mechaber d'davar shebiminyan can't batel, and the reason it's not—over there he was talking because it's a beri. Mechaber, afilu safek—okay, so basically he's saying that it is batel. Yeah. So basically it's a stira in the Taz. The Taz says Maran holds it's not batel. How did he learn Mechaber? Taz says ikur sugya is in pei-vav, which says this egg is not batel, whereas the Beragola says no, in kuf yud he's saying that it is batel, and that's what the— That's right, because it's— and the reasoning we're saying behind it is because you'll hear later on, that's sugya bedukta. And he said clearly, he wrote in the Beit Yosef, I will explain this later on, which he did, and that's what he paskened. Okay. Next. Mechaber, afilu safek—afilu safek issur, afilu issur d'rabbanan, it's d'rabbanan. So yeah, that's a big issue. Should we have a safek-safeka here? That's a great question. Safek d'rabbanan l'kula, and here it's saying— So my main question really is the next one. U'mechaber afilu safek, afilu issur Rabbanan, right? Im nolda b'Yom Tov, v'nit'arva b'acheres, asur. Kasha, lama lo amrinan safek d'Rabbanan l'kula k'vechol d'Rabbanan? First of all, on the actual safek, yesh lahem matirin, why don't we say safek d'Rabbanan l'kula? And the answer is they're machmir, okay? And then, v'yesh l'hosif, sheb'etzem yesh kan shtei d'Rabbanan. You actually have two d'Rabbanans. Why? The first d'Rabbanan is because min haTorah, chad b'trei batel anyway. So right now you have a d'Rabbanan, and it's a d'Rabbanan, and it's a safek in that d'Rabbanan. How much do you want to make crazy? How much do you want to make— It seems like in basar b'chalav and taroves they have special rules. Okay, so that's the question. What are the rules? So some say, well, the rules are the rules, and that's all. Don't ask questions. I like to ask questions. I'm a heretic. I like to ask, why would there be such halacha?

Okay. The what? Yeah. I had this whole thing with the chickens. It seems like, is there a bunon on a derabanan? The bunon on a... with a person and another koilo? Yeah. This is when they did the shechitah, they found fourteen... what's the word? ... gezeirah. Yeah, yeah, this is... by the chicken, whatever. The chicken, the poor chicken, gezeirah al gezeirah. Got cut up seven... were gazers, got cut up fourteen times. The six hours, whatever. Recycled fourteen times. Okay, yeah? You hear the question? You like it? We're gonna answer this question. We got business to do here, all right? Let's go. We have at least two derabanans, and why are we still... Yeah, two derabanans and a safek. Why are we so machmir? V'yesh lachkor, go ahead, yeah. You like so far, good? V'yesh lachkor, go ahead, Azari, v'yesh lachkor. Oh, so let's say more. Let's say you have two stories. It's already not chad b'trei, it's more, yeah? Right? And you have rov of heter. Can we add the rov of heter and still say davar sheyesh matirin... means whatever we'll pile on on the other side, outweighs everything. Outweighs everything. That's what the pasuk in the beginning. I know, so that's the question why. So let's see. V'yesh lachkor, ha'im i afilu sheyesh ruba d'heteira negdo, ha'im gam b'zeh omrim davar sheyesh matirin v'lo batel l'issur. Great question here. Great question. The Magen Avraham brings from the Yam Shel Shlomo, siman taf kuf yud gimmel, se'if katan gimmel, that in such a case we say, davar sheyesh lo matirin, asur. See, here what's going on here: we have a derabbanan on top of a derabbanan on top of a safek. When there's rov keneged, and you have a reason to be matir, and you don't want to be matir, but dafka don't want to be matir. There's a certain stubbornness that's going on here. How stubborn do you want to be? Maybe we just don't know. So that's what we have to talk about, you see? That's why you're sitting here, because Rabbi Wolk knows how to do this. He knows how to peel away everything to get down to the... Yeah? It's got to be something, davar sheyesh lo matirin, that that's it. We don't touch davar sheyesh lo matirin. Why not? Pavos nisht. Magen Avraham, go ahead, Nu. We just did that. Netzlach, which... chokim, kuntrus acharon, se'if katan... Hey, they are, yeah, the Gra says... Look at that teivah. What are you talking about? How could you argue with Rubeh de'teira? It's not bittul. The whole thing is mutar. It's one piece of davar sheyesh lo matirin. The whole thing is done. Feel bad? What are you talking about? Kashe, lamah machmirin kol kach, v'afilu im yesh rubeh de'teira keneged. V'lo mashma ta'ama issur. Ein Rashi, beitzah, sheme'achar sheyesh heter, lamah yachol be'issur? Lamah? Why? Why should you do something if you can do it right? It's like a... yeah, that's what Rashi says. Now, if you don't like Rashi because you don't like... No, no, maybe because the ta'as on the side of the Shulchan Aruch says it's better. Not yet, we just started. So read the ta'as, go ahead. Says the Taz. Rashi ... doesn't say what the reason is. Yeah? He just sends you there. He says it. I remember him saying, yeah. Read it again. No, read it again. Read me the whole Taz. Read me the whole Taz. That's it. So you didn't see that, huh? Rashi. Maybe it's Rashi. Yeah. It's gonna be mutar tomorrow. Why do you have to— you have to? You have to eat it today. Eat it tomorrow, and that's all. I want to eat it today. I have my guests coming today. You know what they tell me? Can eat it tomorrow. Why do I have to eat it today? Yeah, because I have to eat it today, because I can't eat it tomorrow. I'm gonna die tomorrow. What do you want from me? You know what the Chachamim tell me? You can eat it tomorrow. Yeah, but I don't want to eat it tomorrow. I want to eat it today. You hear what it says here? You can eat it tomorrow, but you don't want to eat it tomorrow. You want to eat another one tomorrow, another two more. Yeah. Yeah. The Ran says a chiddush nifla. Why is everybody writing long dishes? Because it is. It's very long. That's what it is, long. It's very— one of the most interesting Rans I ever saw. You know the Ran, pshat— I know, but you hear what the ... matirim?

Every issur, if it's min b'mino is batel, why not? How can you? Because since it's min b'mino, he says a chiddush. The min and the min, it's not batel; each one gives it strength. Come on, let's go, let's do this. That's what he says. Koach min echad is mechazek hamin ha'sheni, makes it strong and not weak. Oh, sochad mechazek l'sheni. You never did this, Ran? No. How can you not do it? It's like the heart of the sugya is right here. Yeah, but it's the heart of the sugya. How much does the Ran exist in the dorim? That's pri Megadim on the spot. No, not for you, Pri Megadim. Okay. Where is this? Who does every... Oh, okay, I'm sorry. Who does every mechaber? Who does? Mechaber we do. Do the easy ones. Okay. Yeah. So Rebbe wants to answer with this. I don't want to— we're holding very far from the answer. First we're getting the facts. I got the Ran. So what do we want to answer with this? Okay, but he didn't get the Ran. Only somebody— explain to him the Ran, explain. It's not a good arsugya, just generally speaking, why two minim cannot be batel, because each one is strengthened and says— each one tells his friend, Let's not be batel. Let's not. Yeah, let's not be batel. Tag team, they tag team each one. Tag team. That's why I said it's a lomdushe Ran. Sounds very— but if it's a davar sheyesh lo matirin, so it goes together with the heter one, because since— that's from Torah, it's a moredik chiddush. The davar sheyesh lo matirin means that therefore he's min b'mino with the davar hamutar. So he should want to say that he's mutar, and therefore then I bought them. Ah, so tomorrow, since you're going to eat mutar tomorrow, I'm going to attack you with you now. Me and you are buddies, regardless. So we're not going to bother because we're going to attack it. Even though now you're aser, tomorrow you're going to be mutar. So you're very close to me. Me and you are buddies. So it's a ramach. You look at it, go, imagine if I said that, they'd get kicked out of whatever yeshiva. Any yeshiva. Yeshiva got up and said, Hey, yeah, it's great. Me and you are buddies. We're strong together, mechazek, whatever. And then tomorrow, me and you, because issur and heter — and it's not even the same min; we're talking about two different things, right? Eggs and meat, right? No, we're both min b'mino, because we're both mutar tomorrow. Tomorrow we'll both be mutar. Okay, continue. Kanfa yoina. Okay, so there's an interesting kanfa yoina that says a meirdige vort, that what? ... because people are going to come and say, Nah, the whole thing's mutar anyway. Gezeira. Yeah. As opposed to a din? Yeah, no, he meant to say was it's a sevara that the chachamim said, We don't want you to buy davar sheyesh lo matirin, because you know what they're going to say? It's mutar tomorrow anyways. You know it's mutar today even without that. Afilu b'lo bitul. Yeah, big deal. What's the svara? People think that way, by the way. What's his — I don't... It's a svara. That's how he explains the din of davar sheyesh lo matirin. I'm saying, does he back it up? I don't know. Kanfa yoina. It's famous kanfa yoina. Yeah. So what it says is because we're going to take it lightly. Yeah, people might take it lightly. It's a gezeira, so you can't play with it. Can't play. Always outwins everything. What did you just say? Always outwins everything. That's the answer. You see where I'm getting my — you see how I'm starting to formulate my answer? Davar sheyesh lo matirin is a gezeira. Always outweighs any safek. You can put twenty sfekos, derabbanans — gezeira is gezeira. Can't play with it. That's it. Like in Shabbos. You like? You like? Shema yechate. We don't have shema yechate. Gezeira, so you can't do it. You like? So someone's going to say, Who told you you can say such teirutz? I didn't say it. Pri Megadim says it. Let's see Pri Megadim. Let's see the Pri Megadim. Tichleh chilukos ha'arugos, chiluk bein tam Rashi, the bein tam haRan, b'beitzah shenolda b'Yom Tov. Mi treifah. This is the real treifah, right? The object remains aser tomorrow because it's anyway treifah. Object will remain. The object is a davar asur because it's treifah. The issur muktzah is going to go away tomorrow. So, yeah. The object is going to remain asur tomorrow? Yeah, because it's treifah still. Even if the muktzah falls off, but the issur muktzah is going to go away tomorrow. So he's saying it's batel today or tomorrow? Batel today.

It's a genius. Tell me, do you remember when I asked you in the beginning, davar sheyesh bo matir or issur sheyesh bo matir? Yeah. Where did I get it from? I got it right here. This is where it is. That's it. So he says, according to the Ran, yeah. So let's read inside. L'Rashi, adayin noymesh lo levatel. Why? Because whatever you could do b'heter, why should you do b'issur? According to the Ran, right, the issur is going off tomorrow, right, but it still won't be mutar tomorrow, so you don't have the cheshbon anymore. Why should you do the issur? You need two issurim. So therefore it's not mimeno; the heter is more. Do we switch the cases, really? This is a treifa? Are we talking about treifa? No, he's saying the nafkamina between the two reasons of davar sheyesh bo matir would be in a story where the issur will fall off, but the davar won't become mutar. Like treifa. That would be the nafkamina between Rashi and... Sound familiar? Davar sheyesh bo matir, issur sheyesh bo matir, davar sheyesh bo matir, issur sheyesh bo matir, davar issur, issur, davar, davar issur, issur, davar. Rashi is going to learn that it's talui in... Issur sheyesh lo matirin. And since it's issur sheyesh lo matirin, right? The wait. The Ran, it's about davar sheyesh lo matirin, because you need the cheifetz has to be mimeno. According to the Ran, if the davar is never going to be mutar, so then we'll say it's batel. We'll say it's batel. We're still accepting, like, let's say we're learning, like, ... So let's see. Yatzli, אמר רבי עקיבא איגר בתשובה. Ah, why are we asking a safek? says Rabbi Akiva Eiger. Answer: because what's the difference? According to the Ran, you can't say mimeno; you don't know. It's a safek issur, so what's mimeno? What's something that's asur? And Rabbi Akiva Eiger says, teraveh — you'll enjoy this, it's beautiful. Beautiful, you got it? Okay, good. Say it over again. Say it over again. Rabbi Akiva Eiger is saying what? Rabbi Akiva Eiger is saying that according to Rashi, and the pshat is, why do something asur if you could do it mutar tomorrow? So even on a safek, what's the difference? Just do it tomorrow. If I can do it today, what am I waiting? I'm waiting for — why be matir, even if it's a safek? Who cares? Just do it right tomorrow. It sounds like it's more of a suggestion in Rashi. I'm saying, why are we taking this as halacha? If the guy needs it now, so that's a kasha. We're trying to say that what do you do with Rashi? I get it. That was my kasha. But at the end of the day, the nafka mina between Rashi and the Ran, says Rabbi Akiva Eiger, is this nafka mina. According to Rashi, right? On a safek. Even if it's a safek, so what? Why be matir a safek if you could do it b'heter tomorrow? Just wait. Control yourself. According to the Ran, it's about min and mino. You can't say a safek issur is a min b'vadai issur. According to the Ran, a safek issur can turn into min b'mino, and therefore it's batel. So I want to bring in, and according to the Kaf HaChaim, how does all this work out? If it's a gezeirah that we say all across the board, why do we come and say, since it's only a gezeirah, it's only a gezeirah, oh, it's only—isn't a gezeirah, and therefore don't ask any questions? That's what I thought at the beginning. It's right to say. I don't mind. Obviously not, right? According to him, maybe, or maybe the other way around, that everything should become mutar except for sfeikos. Now you're going to see if there's rov against it. No one's going to say it's mutar if you're matir with a bitul on a derabbanan and a rov. That's why no one's going to make—what, the gezeirah is so—it became batel. What do you want from me? We will see you.

Mitz Hashem tomorrow. I like it. I like it. I heard it. You like it, yeah.