Limud Torah

with Rav Chaim

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ISSUR HANAH BY GID HANASHE

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The Rambam holds that it is permitted to have benefit from Gid Hanashe. The Tosfos and Rabeinu Yona have the opinion that it is forbidden. The Gemara in Pesachim seems to follow the latter's opinion. The Gemara brings down those that say that unless the Torah specifically permits it, we assume an Issur exists not to have benefit from anything where the Torah states "You may not eat". Nevaila is an example of something which is permitted to derive benefit from since the Torah permits it to be sold to a Goy.

The Gemara learns from this that any part of the Nevaila is permitted, even if it has a different Issur connected with it. So since the Torah permits Nevaila, it permits Chelev too, which is part of the Nevaila.

Is Gid of the Nevaila permitted? It depends if it's considered food or not. To those Shitos that consider it palatable, then it's part of the Nevaila and it is permitted to derive benefit from it. If it's not edible, then it's not part of the Issur of Nevaila and thus not part of the Heter to sell it to a Goy. We Paskin that since it is tasteless, it is not permitted to have Hanah from it.

The Rambam holds that food that is prohibited to derive pleasure from is not punishable with Malkos. He believes that the punishment of Malkos can only be applied from a normal way of deriving pleasure from the object; which in the case of food can be accomplished only by actual eating it. (Tosfos argues with this and says there is Malkos.)

The Minchas Chinuch reasons by Gid Hanashe that even those who agree with the Rambam (that Gid is Ussur B'Hanah) would agree that Malkos can be applied to any other derived benefit from the Gid. If we agree with the shita that it is essentially tasteless, we must say that it's main Hanah is not from eating. However, if there is another derived pleasure from Gid, which can be ascribed as a normal use of it, the Issur is Chal and thus Chayiv Malkos.

 

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