Limud Torah

with Rav Chaim

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GID OF A BEN PEKUAH

 

Consider the case where a mother is Shected and a viable child (Ben Pekuah) is found inside. The Rambam holds that the flesh of the Ben Pekuah is permitted (from the Torah) without Shchita. However, the Chelev and Gid Hanashe, prohibited in other animals, will also be prohibited in the Ben Pekuah. The Ramban disagrees and states that both the Clelev and Gid Hanashe are permissible in a Ben Pekuah.

Tosfos and Rashba permit only the Chelev but not the Gid. The Kreisi Uplaisi explains the reason why the Gid Hanashe is different from Chelev. Chelev is permitted because the Torah says whatever is in the animal may be eaten, from which he learns the Ben Pekuah itself is permitted along with it's Chelev. However, in this case he holds the blood is forbidden. One of the reasons for this comes from the Rishonim, who permit the flesh to be eaten, but do not include drinking, which they hold is prohibited. Therefore blood which is drunk would be forbidden.

We can apply the same reasoning to Gid Hanashe. Since we Paskin that the Gid is tasteless and therefore not edible (and even though it's essentially non-edible, however the Torah stills prohibits doing the action of eating it), we cannot include the Gid Hanashe in the Heter of eating what's in the mother.

 

Human Gid Hanasha

The Halacha states that the mitzvah of Gid Hanashe is prohibited only with regards to Kosher animals. We Paskin according to R' Shimon who interprets the Torah regarding Gid Hanashe to include only permissible (kosher) animals in this Issur, but would exclude all forbidden animals.

The Mishna L'Melech quotes the Rashba who holds that humans are included in the prohibition of Gid Hanashe. He holds there is no inherent Torah prohibition for human flesh (though it is rabbinically prohibited), therefore the Gid would have the same prohibition as Kosher animals. It should be noted that the Rashba here is being consistent with the halacha stated above and that the determining factor in his conclusion is based on the status of the meat (kosher or non-kosher).

However, the Rambam holds that there is a Torah prohibition against eating human flesh. The reasoning for this is that the Torah enumerates all the Simonim for those meats that are edible (an Asei) and that all other meats, such as human flesh, are prohibited and cannot be eaten. Therefore, the RamBam concludes that since human meat is prohibited from the Torah, the human Gid does not acquire the prohibition associated with the Gid of Kosher animals.

 

CHIYUV KAREIS


 
There is a famous Machlokes about the nature of  Karies by Mila. the Rambam holds that every day that a Gadol doesn't do Mila he transgresses an Asei. There is no Karies all his life. If at the end of his life he hadn't gotten a Mila, then he gets the Kareis then. The Raavad says that there is a Chiyuv Kareis for each moment that he didn't have Mila, but if he preforms the Mila, then he's done T'shuva for it and doesn't have the Kareis. 
 
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