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Rosh Kollel: Rabbi Mordecai Kornfeld
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Menachos 058: Lav Shebiklolos
S. Lonner <[EMAIL PROTECTED]> asked:
What does Rashi mean - when explaining the 2nd Loshon of Abbaya - the
contrast between Almona, Gerusha... where we do "distribute" the lav to each
while over here - by Seor and Devash - we don't.
Rashi explains that by the former it is Mefurash. What does he mean by that?
thanks
S. Lonner, Brooklyn,NY
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The Kollel replies:
There seems to be some inconsistency in the Rashi, as it is printed in our
Gemaras.
The Rishonim provide two approaches to the Machlokes Abaye and Rava.
According to Rashi (that you quoted, at the end of the page, and DH Lav
she'Bichlalos) and Tosfos (DH Ein Lokin) and others, the Machlokes is
whether one is Chayav for a *third* and *fourth* Lav, when he is Makriv not
just Se'or and Devach (which are certainly two Lavim, since they are
Mefurash), but also Ta'aruvos of Se'or and Devash. According to one Lashon
Abaye is Mechayev three Malkus (since we do not administer separate Malkus
for Ta'aruvos Se'or and Ta'aruvos Devash, since they are not Mefurash), and
according to the second Lashon Abaye is Mechayev only two (and no Malkus at
all is administered for what is not Mefurash).
The Rambam takes a different approach. He maintains that according to Abaye
(his Girsa is Rava, see Tosfos), the two Leshonos argue whether even Se'or
u'Devash have a single Malkus or *no Malkus at all*. This is also the
opinion of the RAMBAN (in his comments on the Rambam's Sefer ha'Mitzvos,
Shoresh #9). This appears to be the approach of Rashi DH Ika d'Amrei and Dh
v'Ika d'Amrei (until the dot). Apparently this was Rashi's Mahadura Kama;
later he changed to the approach of the other Acharonim that what is
Mefurash certainly has Malkus. (See our Insights to Pesachim 41b for more
on Lav she'bi'Chelalos)
M. Kornfeld
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