Limud Torah

with Rav Chaim

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GID GROWING IN A BEN PEKUAH - PART II

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The Minchas Chinuch claims that the reasoning for the Mordechai is not based on the weakness of an entity coming to Mivatel an Issur. Rather the Mordechai follows the explanation given by the Nodah Biyahuda.

We learn the Halachos of Rove from the Sanhedrin. Whichever side has most of the opinions, the minority view is Batul to it. Whenever the Sanhedrin would gather to judge, each Dayan provided his own individual view. Therefore, the dicussion among the Dayanim always started off with one view or another, and this individual viewpoint can be considered as a single entity without any other views mixed into it. Afterwards, when all the views have been stated and a majority judgement made, it no longer matters if the original view ends up being from the majority or the minority. So in order for something to be Mivatel, it must always start off with one individual view.

The same logic applies to Bitul. It doesn't matter which entity, the Issur or the Heter, is first and which is added on later. As long as one of the entities has started out as a single entity, Bitul can take place. Even if the Issur started off by itself and the Heter grew on later (such as our case of the Ben Pekuah), when the Heter becomes the majority of the entity, it can be Mivatel the Issur. But if neither entity was independent to begin with, rather both came into being together and mixed from the beginning (such as the case of the blood mixed with saliva), it is simply not the situation of the Sanhedrin, and therefore Bitul cannot happen.

 

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