Sunday, October 28, 2007

A Mazal Tov and Catching Up

First of all I wqould like to wish a mazal tov to my sister in law (my wife's sister) on her recent wedding. May she and her chasan be zocheh to build a bayis ne'eman b'yisroel.

I have been very busy with work and I have not had a chance to post recently. I mentioned previously that I would discuss a Kresi U'Pleisi that is a nafka mina between the Rambam and Tosafos regarding whether Adam was able to eat meat. There is a machlokes rishonim whether a mifarcheses (shechted animal that is still moving) is assur to a ben Noach. It is mutar for a Jew to eat a mifarcheses, but it is a machlokes by a ben Noach. The RAmbam paskens it is assur for a ben Noach to eat a mifarcheses since it is eiver min hachai. The Kreisi U'Pleisi explains that there are two drashos how we know eiver min hachai is assur for a ben Noach. One drasha is from "ochal tocheil", a posuk by Adam and the other posuk is "ach b'damo lo yishafeich" which is by Noach. If you learn it from the 1st posuk, then it is only a remez and in order to figure out what the posuk is referring to, you have to look at what a Yisroel is allowed to eat. Since a Yisroel can eat a mifarchese, you can't say it is assur for a ben Noach. However, the Rambam holds Adam never had the issur of eiver min hachai and m'meilah he wouldn't use the posuk of "ochal tocheil" (which is by Adam). He must use the posuk by Noach. The posuk by Noach is self contained and we learn directly from that posuk without having to learn anything out from dinei Yisroel. M'meila, you can make a split between a Ben Noach and Yisreol and say mifarchese is mutar for a Yisroel and assur for a Ben Noach

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