Monday, October 15, 2007

Parshas Noach: The Heter To Eat Meat

So how long did Mesushelach have to wait before eating dairy?

I asked my kids this question at the Shabbos table. The answer depends on the shiur I gave this past Shabbos.

In Parshas Noach, Noach was given the heter to eat meat. What exactly was teh nature of teh issur before the mabul is a machlokes Rishonim.

Tosafos and Rashi
The gemara in Sanhedrin 59B says that Adam wasnot allowed to eat meat. Tosafos (56b) as well as Rashi ask that if Adam was not allowed to eat meat, why was he given the issur of eiver min hachai? Tosafos answers that it was only assur to kill an animal but if the animal died on its own then you could eat it. However, if the limb of an animal fell off while it was alive then it would be assur because of eiver min hachai.

Shittas HaRambam/Yad Rema

The Rambam paskens that only Noach had the issur of eiver min hachai. Adam was only given the other six mitzvos B'nei Noach. The Kesef Mishna explains that the Rambam based himself on Tosafos' kasha. However, the Rambam did not like Tosafos' teretz since the Rambam held all meat was assur to eat even if it died by itself.

Shittas Yidei Moshe al HaMedrash

The Medrash Rabba in Beraishis 16:6 brings a drasha on the possuk "ochal tocheil" that from here we see the requirement of shechita and the issur of eiver min hachai. The Yidei Moshe explains that we learn two things from this medrash 1) only basar ta'avah was assur to Adam but meat from a korbon was muttar and 2) every korbon required shechita otherwise you couldn't eat it.

Nafka Mina

There are several interesting nafka mina between the shittos.

a) Ta'am HaIssur: There are different reasons given why Adam couldn't eat meat. The Ramban writes that before the mabul the animals had a ma'alah to them. However after the mabul since they were only saved through Noach they lost this ma'aleh and Noach could eat them. The Klei Chemda points out that this reason works well with Tosafos. I think what the Klei Chemda means is that since these animals had a ma'alah it wasn't right for Adam to kill them. However, if they are already dead then there is no reason not to eat them.

b) Mashkeh Yisroel: There is a concept found in Pesachim 56 called "Mashkeh Yisroel". This means that food that can not be eaten can not be brought as a korbon. The achronim ask, (ayin Rav Menachem Zeimba in Zera Avraham siman 13) how could Adam, Hevel or Noach before the hetter bring a korbon, they couldn't eat the meat.

If you hold like Tosafos or the Yidei Moshe then it is not a kasha, the meat was not totally assur, there were times it was muttar. However, according to the Rambam and Yad Rema you have a problem.

i) You could say that Adam only brought an Oleh and not a Shelamim. This is a machlokes in the gemara. You would also have to say that the only issur was to eat the animal, but to kill it for any other reason is muttar. The Aruch LaNer in Sanhedrin says this. He holds Adam was allowed to kill animals for their skin.
ii) The Klei Chemda answers that the reason Adam could not eat meat was because he first needed permission from HKBH. To take meat without reshus is stealing, similar to the gemara in Berachos about why we make a beracha. However, when you bring a korbon, you are not taking the meat from Hashem but rather you are giving it back to Him. Therefore it is muttar.

(I am not sure if this totally answers the question since how could Adam eat the meat? You could say that Adam only brought an Oleh but then that itself answers the question)

iii) In the sefer Chavtzeles Hasharon, he has a whole diyun on this topic. One approach he takes is that the issur of "mashkeh Yisroel" is an issur cheftzah. Meaning if the meat itself is assur (like treifa) then you can't bring it as a korbon. But if there is nothing wrong with the animal but the issur is on the person then you can bring it as a korbon. By Adam, there was nothing b'etzem wrong with the meat, it was just an issur gavrah on Adam. Therefore, the issur of "mashkeh Yisroel" doesn't apply
iv) Finally, a fourth teretz is the the issur of "mashkeh Yisroel" is based on what is muttar or assur to a Yisroel. Since meat is muttar to a Yisroel it doesn't apply to Adam. The Chavtzeles Hasharon eventually brings ra'ayos to reject this teretz.

One final very interesting nafka mina is found in the Kreisi U'Pleisi Siman 27:2. Stay tuned.

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