THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
1) THE RULES OF HOW TO RULE
QUESTIONS: The Gemara searches for the source for Rav Mesharshya's opinion
that there is no such rule of "[wherever] Rebbi Yehudah and Rebbi Shimon
[argue], the Halachah follows Rebbi Yehudah." The Gemara cites several
places where the Halachah was decided in favor of the opinion of Rebbi
Shimon. Each time, the Gemara answers that that particular place is an
exception to the rule.
2) BUYING ITEMS FROM A GENTILE DURING THEIR FAIR
(a) Once the Gemara has given that answer to the first attempted proof, why
does the Gemara continue asking from other places, to which the Gemara gives
the same answer? (RITVA)
(b) Second, the first three cases that the Gemara cites are all cases of
Halachos of Eruvin in which Rebbi Shimon's opinion is the more lenient one.
Perhaps the reason the Halachah follows Rebbi Shimon in those cases is
because of the rule that in the laws of Eruvin, the Halachah follows the
lenient opinion! (MAHARSHA)
(a) The RITVA explains that the when the Gemara keeps asking from other
cases, it knows that those cases might also be exceptions. However, the
Gemara thought that if we find *three* places where an exception is made and
the Halachah follows Rebbi Shimon, then perhaps that creates a "Chazakah"
that the rule that the Halachah is not like Rebbi Shimon is not true at all.
(b) The RITVA (see also RAMBAN) answers the second question by saying that
if the reason the Halachah follows Rebbi Shimon is because his opinion is
the lenient one, then Rav should have simply ruled, "The Halachah follows
the lenient opinion," and we would know that the Halachah is like Rebbi
Shimon in those cases. The fact that he specifically said that the Halachah
is like "Rebbi Shimon" shows that he was not ruling like him just because
his opinion is the lenient one. Rather, Rav apparently does not accept the
rule that the Halachah follows the lenient opinion in the laws of Eruvin --
yet he still rules like Rebbi Shimon.
(Alternatively, the Ritva answers that the Gemara indeed could have given
that as an answer and said that the reason why the Halachah is like Rebbi
Shimon in those cases is because his is the lenient opinion.)
OPINIONS: The Gemara says that one may buy animals, servants, houses,
fields, and vineyards from gentiles during their fair, even though doing so
might cause them to go give praise to their idols for the sale. Why did the
Rabanan permit such purchases?
(a) RASHI (DH le'Yerid) explains that when one buys landed property from the
gentiles, one is diminishing the power of the gentiles. Also, if the
property is in Israel then one is fulfilling the Mitzvah of settling the
land of Israel.
When one buys movable items such as animals and servants, one is bringing
them into Kedushas Yisrael (RASHI, DH Behemah).
(b) The RITVA says that it is permitted because it is a "Davar ha'Aved,"
since if one waits until after the fair is over he will not have the
opportunity to buy those items.