Beitza 3b
1- We leaned the Beraisa with the 3 points:
- a) An egg hatched on Yom Tov or Shabbos is Muktzah.
- b) If we are in doubt if it was hatched on Yom Tov or Shabbos is still Muktzah.
- c) If this egg got mixed up with other eggs the entire mixture becomes Muktzah.
Point b above can only be understood if the prohibition of eating an egg hatched on Yom Tov or Shabbos is Min Hatorah. [This is indeed the opinion of (hachana of) Raba 2b] Thus, all ‘doubts’ [safek] are ‘lechumra – ספק דאורייתא לחומרא.
On the other hand if eating the egg is only a ‘d’Rabannan’ [Rav Nachman, Rav Yosef & Rav Yitzchak] then why would an egg that is only a ‘safek’ if it was hatched on Yom Tov or Shabbos be prohibited? All ‘sefeikos’ of ‘deRabonon’ are ruled leniently ספק דרבנן לקולא.
2- The Gemara suggest that the ‘safek’ in point b is [not whether it was hatched on Yom Tov or Shabbos, but] whether the egg came from a kosher or non-kosher fowl
.
3- So then point c becomes problematic. Why would such an egg not be ‘batel’ when mixed in with other eggs.
4- Introduction of the concept of “DAVAR SHE’YESH LO MATIRIN” דבר שיש לו מתירין.
The Gemara states that an egg laid on Yom Tov is a “Davar she’Yesh Lo Matirin,” an item that eventually will become permitted, and therefore if it was mixed with any number of normal, permitted eggs, the entire mixture is prohibited. The Gemara concludes that a “Davar she’Yesh Lo Matirin” does not become nullified in a mixture even if it is only an Isur d’Rabanan which became mixed with permitted items (such as in our case of an egg laid on Yom Tov).
Furthermore, even if the item is a Safek Isur d’Rabanan (such as when it is not known whether the egg was laid today, on Yom Tov, or whether it was laid on a weekday, before Yom Tov), it is not permitted if it is a “Davar she’Yesh Lo Matirin.” The normal principle of “Safek d’Rabanan l’Kula” does not apply to permit the item.
What is the logic behind the Rabanan’s enactment to prohibit a “Davar she’Yesh Lo Matirin”?
RASHI explains that since one will be able to eat the item when it becomes permitted (after Yom Tov), he should not rely on Bitul or on the principle of “Safek d’Rabanan l’Kula” in order to eat it on Yom Tov.
We mentioned the brilliant explanation of the Ran on this.
The Ran in Nedarim (52a) explains that the reason why, normally, an item of Isur becomes annulled in a mixture with items of Heter is because when opposites combine they contrast against each other and annul (whichever one is the majority is Mevatel the one which is the minority). This is the mechanism behind the concept of Bitul. When like items combine they cannot be Mevatel each other because there is no contrast.
Normally, when an item of Isur becomes mixed with Heter, one annuls the other. Even though the two items are the same type of food, they contrast because one is Asur and one is Mutar, and thus they are considered opposites. However, if an item is Asur now and will become Mutar later, it cannot become annulled when it falls into Heter because there is not enough opposition; it is as if the item of Isur (which will become Mutar later) is Mutar right now.
“דהיינו טעמא משום דמין במינו לא בטיל לפי שכל דבר שהוא דומה לחבירו אינו מחלישו ומבטלו אלא מעמידו ומחזקו ”
5- We spoke about the story that occurred at a Shabbos sheva brochos that some of the chairs were Muktzah as a result of the lighting candles on them. The next morning these few chairs reappeared in the dinning mixed in with the other chairs.
The question was raised if any of the chairs at all were permitted to be used. Arguments pro and con were presented.
Pro: the Muktzeh chairs were a minority. Thus they were ‘batel’ to the large amount of the unproblematic chairs.
Con: The prohibition of the chairs – Muktzah – are only temporary. The ‘issur dissipates after the close of Shabbos! Therefore the principal of “Davar she’Yesh Lo Matirin,” kicks in and there is no ‘bitul’.
Pro: The Noda Biyehuda’s logic: “Davar she’Yesh Lo Matirin,” is only on items that can be used only once. Like food. So the logic is that why eat it with ‘bitul’ when you can eat it tomorrow without ‘bitul’.
On the other hand if it is an item that can be used over and over again (like chairs) then the fact that it can be used tomorrow without ‘bitul’ should not hold us back from using it today. Since it is a multi-use item then each use is individual.
Some in our shiur didn’t like this logic.
6- Mentioned the issue of the kashrus of milk cows. Mendel Nemenov referred us to this link: https://oukosher.org/blog/consumer-kosher/milk-from-a-possibly-treif-cow/
7- Mentioned last week the ‘proof’ from Megilas Esther that an institution (a mosad) is never closed……