Sunday, November 19, 2006

Daf Yomi - Beitza 24 - A Doubt on the Preparation

The Gemara explains the Mishna as follows: If there is an object that there is a doubt whether it was sufficiently prepared from before Yom Tov, the object will be prohibited. Rabban Gamliel, however, disagrees and permits them.

The reason that an item that is not prepared prior to Yom Tov is prohibited is because of muktzeh. This is difficult, however, because muktzeh is only rabbinically prohibited, so a case of doubt should also be permitted, as there is a principle that safek derabannan lekula, an uncertainty regarding a rabbinical prohibition is judged leniently?

One answer that is suggested is that the prohibition of muktzeh can be derived from a verse in the Torah that states veheichinu, and they shall prepare. Thus, muktzeh can be viewed as a biblical prohibition and regarding an uncertainty we will rule stringently.

Tosfos Yeshanim on Daf 3b writes that even if muktzeh is not biblically prohibited, the Chachamim treated muktzeh as if it would be biblically prohibited and therefore we rule strictly even in a case of uncertainty.

The Meiri answers that muktzeh is a dovor sheyeish lo matirin', a matter that will be permitted after Yom Tov, so we will rule stringently even in a case of uncertainty.

The Shaar Hatziyon (497:10) writes, based on the Meiri, that if the fish were most likely to spoil if we would wait until after Yom Tov, we can rule leniently and allow one to eat the fish, although this is a case of safek muktzeh, a possibility of the fish being muktzeh.. Shaar HaTziyun does not conclude that this is the halacha, because there are other factors that necessitate a stringent ruling, such as the fact that muktzeh is akin to a biblical prohibition, and for this reason, even if the fish were to spoil, one cannot eat them, unless the fish spoiling will be a complete loss.

Please look here for further discussion regarding muktza.