Limud Torah

with Rav Chaim

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GID GROWING IN A BEN PEKUAH

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If the Gid Hanashe grows in the live Ben Pekuah until it has grown more than the Gid that it was born with, do we say the original Gid (which is prohibited) is Batul to the new growth (that is permitted)? The Minchas Chinuch wants to prove it from a similar case mentioned in the Gemora in Nedarim 57b. The Gemora explains that if you plant an onion during Shmita and it begins to grow, then after Shmita it continued to grow until the new growth becomes larger than the onion was at the end of Shmita, the whole onion is permitted since the Issur is Batul in the Heter. The same logic would apply in our case, that the new Gid is Mivatel the old Gid.

However, the question arises that presumingly this case does not fit into the Mordichai's Shita. The Mordichai says that anything that is created together cannot be Mivatel each other. This is learnt from the Gemara in Yevamos. If a Yavuma spits blood at the Yavum she's Yoitze, since there must be some spit in the blood. The Mordichai asks why isn't the spit Batul in the blood? We must say that since the spit and the blood come into this world at the same time the blood cannot be Mivatel the spit.

 

What is the reason that the blood does not become Butal? Assumingly, because something that's coming into the world is not an entity in-and-of itself to be Mivatel something else. So, if it cannot Mivatel something that comes together with it into the world, of course it cannot Mivatel something that was already itself an entity before this Heter came into this world.

It appears that the Mordechai would have difficulty understanding the Gemara in Nedarim which allows the growth of the onion to Mivatel the Issur of Shmita, since the growth of the onion never had it's own entity when it came to Mivatel the original entity planted and grown during SHmita?

 

The Minchas Chinuch answers that this is not the P'Shat in the Mordichai.

To be continued

 

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