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                 THE DAFYOMI DISCUSSION LIST

      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
                      d...@dafyomi.co.il

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GENERAL: Binyan Av

Moshe Tarko asks:

In the Sifra, Parashah d'Nedavah, Parashah 1, it wants to say that since
situation #1 had "cause" x and in situation 2 it had "cause" y then we can
infer: sit 1 did not have y and sit. 2 did not have x so you don't need
either. That is not a correct inference... you need either 1 but not both
to get Keriah, no?

Moshe Tarko, Yerushalayim
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The Kollel replies:

There is a Midah with which the Chachamim are Doreish the Torah, called Mah
ha’Tsad. This is an extension of another Midah called Mah Matsinu. In order
to understand Mah ha’Tsad we must first understand Mah Matsinu.

In a Mah Matsinu we say that if we have found a certain individual
characteristic in one place and this causes a certain result, then we may
assume that in another similar place where we find the same individual
characteristic the same result must be produced. This is because we may
reasonably assume that the result found is caused by the individual
characteristic present, which is common in both places.

A Mah ha’Tsad is used where we cannot learn from a Mah Matsinu. For example
if we have a Pirchah, i.e. we cannot learn from the Mah Matsinu because
there is a Chumrah (if we are trying to learn out a Kulah) or a Kulah (if
we are trying to learn out a Chumrah) in the Melameid (the place we are
learning from) relative to the place we are learning to. As in the case you
refer to, we cannot learn from the Dibur of S’neh because it was the first
time Hashem spoke to Moshe. We cannot learn from here because it is
possible that only in this case a Kriyah must follow a Dibur because it was
the first time, whereas generally a Dibur may not mean that a Kriyah must
follow. In this case we may bring a different place where we have found the
same result (a Kriyah following a Dibur but where the Chumrah (or Kulah))
is not present. This will prove that the Chumrah is not the cause of the
result, rather the individual characteristic which is present, and we can
learn a Mah Matsinu. However, if there is a different Chumrah in the second
place we bring, we cannot learn from the second place because perhaps the
second Chumrah is the cause of the result we have found, and not the
individual characteristic.
In this case, if the Chumrah is not common to both places we may learn a
Mah ha’Tsad. This means that since both places have a common individual
characteristic, but do not have a common Chumrah, it is reasonable to
assume that the cause of the common factor that is found in both places is
the individual characteristic common in both places, and not the Chumrah
that is specific to each place and not common to both. To say that the
Chumrah cause the result found in both cases would mean that there are two
different causes for the result we find, something that is less reasonable
than assuming that there is just one cause.

So, in your example, to say that the Chumrah of being the first time Hashem
spoke to Moshe and the Chumrah of being a Dibur to all of Yisrael, both
cause the fact that a Dibur precedes a Kriyah is less reasonable than to
say that every Dibur is preceded by a Kriyah, because then we are assuming
that only one common factor causes the observed result in both places.

Dov Freedman
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