Kollel Iyun Hadaf
Mon, 18 Jan 2010 03:32:04 -0800
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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
[REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
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Pesachim 002: Insights, Regarding Machlokes Rashi vs. Tosfos about Bitul
Yisrael asked:
May I ask the name of one of the Acharonim you refer to in Insights to the Daf,
Pesachim 2a.
In your words: "The Acharonim point out that Rashi and Tosfos seem to disagree
about the fundamental mechanism of how Bitul works. Tosfos does not suggest the
answers that the Ran and others give for Rashi, because he understands that
Bitul is a form of Kinyan. That is, through Bitul, one makes the Chametz
ownerless (Hefker). Therefore, Tosfos maintains that there is no concern that
after one does Bitul, he might find Chametz on Pesach, wait some time before he
destroys it, and thereby transgress Bal Yera'eh and Bal Yimatzei (as in (b)
above). Even if he does wait and does not burn it immediately, it is still
Hefker, because his Bitul effected an actual Kinyan that rendered the Chametz
ownerless. The former owner does not acquire the Chametz again merely by
looking at it and wanting it. Similarly, if one verbally proclaims his Bitul,
but he does not whole-heartedly want to make it ownerless, the Chametz
nevertheless becomes irrevocably Hefker (as opposed to the logic mentioned in
(c) above). It is the verbal proclamation that is effective when one makes a
Kinyan, and not the thoughts in one's heart (Gitin 38a)."
Yisrael, passaic, usa
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The Kollel replies:
Kehilos Yakov Pesachim 1:1, Devar Shmuel Pesachim 2a. (The words and
presentation are our own, but the basic idea appears in those Sefarim.)
Best wishes,
Mordecai Kornfeld
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