Friday, December 28, 2007

The Ra”n Elucidated - Daf 7

Rulings – The Gemora left several issues unresolved. The Ran rules that regarding kiddushin, since it is an uncertainty relevant to a Biblical law, we must rule stringently and there would be yados. The Ramban and the Rashba rule similarly regarding charity and in respect to pe’ah. This is based upon the principle that we rule stringently regarding all matters of doubt which are relevant to a Biblical prohibition. The Ran disagrees with their ruling regarding charity and pe’ah because these are monetary matters; the question of the Gemora was if the money or produce designated belongs to the poor people, and therefore, we should rule leniently. The money must remain by the original owner unless there is a proof that he relinquished his rights to it. He also rules that there are no yados by hefker because it is a money matter, and hence we rule leniently. His final ruling is that there is no yados by a designation for a bathroom. He explains that the designation would only be effective on a Rabbinical level, and on all doubts that are relevant to a Rabbinical prohibition, the principle is that we rule leniently.