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Pesachim 22

1) HALACHAH: IS "GID HA'NASHEH" FORBIDDEN "B'HANA'AH?"

OPINIONS: The Gemara cites a argument between Tana'im whether it is prohibited to derive benefit from the Gid ha'Nasheh, which is prohibited to be eaten. Rebbi Shimon maintains that it is prohibited, because the Gid ha'Nasheh does not have the taste of meat and is therefore not included in the verse which permits deriving benefit from the edible parts of a Neveilah which are forbidden to be eaten. Rebbi Yehudah asserts that the Gid ha'Nasheh does have the taste of meat, and therefore it is included in the verse which permits having Hana'ah from the parts of a Neveilah. What is the Halachah regarding these two matters (i.e., deriving benefit from the Gid ha'Nasheh, and whether the Gid ha'Nasheh has the taste of meat or not)?

(a) TOSFOS (Chulin 99b, DH v'Hilchasa) explains that we rule that the Gid ha'Nasheh does not have any taste, and therefore it follows that it is forbidden to derive benefit from it.

(b) The RAMBAM rules that the Gid ha'Nasheh has no taste. Yet at the same time, he rules that Gid ha'Nasheh is Asur b'Hana'ah! Similarly, the TUR (YD 65:9) rules that the Gid ha'Nasheh does not have any taste, yet he concludes, following the opinion of the RAMBAM and ROSH, that it is permitted b'Hana'ah.

The BEIS YOSEF refers to the argument between Rebbi Shimon and Rebbi Yehudah in our Gemara, which makes the Isur Hana'ah of Gid ha'Nasheh dependent upon whether the Gid ha'Nasheh has taste or not; ruling that the Gid ha'Nasheh is Mutar b'Hana'ah is contradictory to ruling that it has no taste. The BEIS YOSEF offers various suggestions to explain the apparent contradiction in the rulings of the Rambam.

(c) The BEIS YOSEF quotes the opinion of the ZOHAR that the Gid ha'Nasheh is Asur b'Hana'ah, and concludes that one should be stringent and follow the opinion of the Zohar.

The DARCHEI MOSHE argues. The author of the ZOHAR is none other than Rebbi Shimon [bar Yochai], whom the Gemara quotes as the opinion which prohibits deriving benefit from the Gid ha'Nasheh. Since the Gemara establishes the Halachah in accordance with Rebbi Yehudah, who argues with Rebbi Shimon in this matter, the words of the Zohar should have no bearing at all on the Halachah in this case.

22b