Klerr about Kavua

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  • #604663
    yitayningwut
    Participant

    So I had a klerr with my chavrusa today.

    Is it shayach to say such a thing? If not, does anyone have a better pshat as to how Tosafos fits with the classic case of kavua?

    #926809
    Sam2
    Participant

    Human beings are inherently differentiable from one another. Each person is Kavua because each is recognizable. This applies to both men and women. (And once you recognize the person you could know if he’s Jewish or not).

    (Maybe you could claim that if there would be a set of triplets and the embryos were all put in different surrogates that you could actually have a case of people that aren’t Kavua.)

    #926810
    yitayningwut
    Participant

    Human beings are inherently differentiable from one another.

    It’s ee efsher to say this in Tosafos, because in Nazir we’re gufa talking about human beings. The svara why you are mistaken, I believe, is because while the human being is distinguishable, the factor that makes one ‘issur’ and another ‘heter’ is not.

    #926811
    Sam2
    Participant

    I’ll look at Nazir again.

    #926812
    lebidik yankel
    Participant

    I think it means that if you were there youi can easily ascertain it, and yidden and goyim is an excellent example, as are meat stores. However kvarim (underground and out of sight) or if this was used as a nachal eisan etc. cannot be ascertained by a site visit. So thats why they are not kavua. So no, no need for it to be speaking of women

    #926813
    yitayningwut
    Participant

    lebidik yankel –

    I hear, but how does one easily discern between Jews and non-Jews? Are you going to tell me there is going to be a nafka mina between what community of Jews we are talking about?

    #926814
    Toi
    Participant

    I believe R Chaim al hashas (stencilach) deals with this. Don’t remember exactly but he talks about the case of shabbos of mifakchin. im suyou can find it in the mafteach there.

    #926815
    hello99
    Participant

    The Pri Chadash says that Goyim are Nikar and the Rash miKinon is also Mashma that way, don’t ask me how.

    Minchas Yaakov and Kreisi u’Pleisi prove from here that Nikar is not necessary for Kavua. Kreis u’Pleisi also suggests that one indiviual anywhere in the world who knows makes it Nikar.

    Also, Ma’adanei Yom Tov 7:20:70 quoted in Igros Moshe OC 1:178 writes that a Bar Da’as is automatically Nikar.

    The Bach and Yad Yehuda understand that Nikar isn’t directly a Tnai in Kavua, it just prevents Bitul which would preclude Kavua.

    #926816
    yitayningwut
    Participant

    hello99 – Lots of very interesting shitos! I am just getting into the sugya, so thanks.

    Toi – Thanks for the mareh makom.

    #926817
    yitayningwut
    Participant

    hello99 –

    I’m thinking about what you wrote, and this is what’s coming out.

    1) The Pri Chadash and the Ri MiKinon: I already figured this from the end of Tosafos in Zevachim 73b ?”? ???. This was my whole question, how are they nikkar, and the only good answer I could think of was bris, which would exclude women. Hence my klerr.

    2) The Minchas Yaakov and the Pleisi are arguing on Tosafos. I am wondering how to deal with Tosafos. Besides, how do they address how every chad betrei is not a problem of kavua?

    3) Suggesting like the Pleisi, the Maadanei Yom Tov, and R’ Moshe, that human knowledge somehow automatically makes it nikkar, is lehedya not like Tosafos, because Tosafos in Nazir is coming to say that mid’oraisa all the women in the world are not considered kavua because the issur one is not nikkar. Refer to #2.

    4) The Bach and Yad Yehuda: Nice lomdus, but not really addressing the question at hand.

    In simple terms: Tosafos is clear that a ‘mixture’ of human beings is shayach to kavua when the issur is nikkar, and not shayach when it is not nikkar. Accepting these premises as Tosafos does, I want to know if a mixture of Jews and non-Jews will have a nafka mina in din if the Jews are men or women, and if not, explain how Jews are nikkar from non-Jews even while in other mitures of humans we can say the issur is not nikkar.

    #926818
    hello99
    Participant

    yitay: 1) I don’t think that is what he means. I understood his intent that there is something intrinsically and spiritually different about Jews that makes them stand out to those perceptive enough to these things.

    2&3) sorry, I didn’t read your question carefully enough to realize you only wanted to answer Tosafos l’Shitaso.

    4) it IS Nogea but I was too brief. They continue that people and Karka which are intrinsically not Batel, are Kavua even when not Nikar.

    #926819
    hello99
    Participant

    yitay:

    Some interesting points l’Maaseh to keep in mind as you learn the sugya:

    1) ??? ??????, does it really depend upon the number of stores or the volume of sales? Why?

    4) Similarly, can I call my credit card company in the US from EY when it is Motzei Shabbos for me and still Shabbos in the States, on the assumption the person answering is not Jewish?

    #926820
    yitayningwut
    Participant

    hello99 –

    Thanks!! I hope to have good answers within a few weeks.

    As for your points:

    1) My chavrusa was trying to convince me of the same thing. I guess I’m just not mystically inclined that way.

    4) I hear, but im kein it’s the same as #2 and #3; it doesn’t fit within Tosafos.

    #926821
    Chortkov
    Participant

    Why is bris a difference between a Yid and a Goy? If the goy is from ?????? or ??? ?????, he will also have a ????!

    I’m not sure the answer to your question, but if i am right then your original question is back and women will not be a nafka minah, you will anyways need a new terutz!

    (I once heard that the ???? of ?????? is different to the ???? we have, and a ???? was brought from ???? who showed his ???? ???? to the Brothers to prove that he was who he said he was – and if the ???? is the same, then it would be pointless. It might have to do with the fact that the ???? is done at 8 days, and ?????? at 13, but I don’t remember. [if this is the difference, you are again back to square 1, because what if a ?? has ???? after 13 or if a goy is curcumsised?])

    #926822
    yitayningwut
    Participant

    yekke2 – Ein hochi nami, if the difference is bris than the halacha will not apply to B’nei Ketura/Yishmael, but only to goyim in general.

    #926823
    Chortkov
    Participant

    So if they are circumsised for medical purposes or were for some reason born without the Orlah, then it will not be ????? Not ?????.

    #926824
    yitayningwut
    Participant

    Why is it not mistaver?

    #926825
    popa_bar_abba
    Participant

    I have a different kler about kavua.

    So last night I bought 2 cans of diced tomatoes, and 1 can of whole tomatoes. Then, I came home and pulled out one of the cans and opened it. And it was the whole tomatoes.

    Now, if it was kavua, then I understand it was a 50-50 chance, so I happened to get the whole ones.

    But if it wasn’t, then rov says I got the diced ones, so I how come they looked whole?

    #926826
    yitayningwut
    Participant

    Ela mai you have bad eyesight.

    #926827
    Chortkov
    Participant

    Why is it not mistaver?

    Because the ???? is not ???? between different types of Jews or non-Jews; the ???? talks about yidden and ovdei kochavim. The ???? (or at least the ???????) would have to tell us that if for one reason or another (either ?????? or even ????? e.g. brothers died from ???? – there is no ???? ????, or if the ???”? is for some reason circumised, this ??? doesn’t apply! It is ???? enough for the ???? to say something.

    #926828
    gavra_at_work
    Participant

    Because the ???? is not ???? between different types of Jews or non-Jews; the ???? talks about yidden and ovdei kochavim. The ???? (or at least the ???????) would have to tell us that if for one reason or another (either ?????? or even ????? e.g. brothers died from ???? – there is no ???? ????, or if the ???”? is for some reason circumised, this ??? doesn’t apply! It is ???? enough for the ???? to say something.

    ???? ???? ???? ?????? ???? ????? ????? ????? ????? <????? ??????> {??????} ???? ???? ?????? ???? ????? ????? ????? ????? <????? ??????> {??????} ???? ????? ????? ??? ??? <????? ??????> {?????} ???’ (?????? ?) ?? ?? ????? ????? ??? ??? ????? ???? ?? ????? (????? ? ??) ???? ?????? ???? ??? ????? (????? ? ?) ?? ?????? ???? ?????? ?? ??????? ???? ??????

    Nedarim 31B

    #926829
    HaLeiVi
    Participant

    I think that from the first post on you went further and further from Tosfos’ intent. Do you think a Kosher meat store has to look different than a Treifa meat store? If it would there would never be a case of Kavua. If you can’t tell then it’s Parush, if you can tell then you have no Shaila!

    Tosafos is not saying that you have to be able to tell what makes it Assur and what makes it Muttar (i.e. To be able to tell that he is a Yid, or that the meat is Kosher). He is saying that the objects in question should still be Nikkar and not be seen as one big hodgepodge. In Gittin 64 Tosafos uses terms of Taaroves, which makes my point more clear.

    In a group of ten people, each person is an individual. In the case of Mekadesh Isha Min Hashuk, the specific woman is Battul in the world at large. If you think about, this is actually how you would naturally look at it, whether you have the right words to describe it or not.

    Chad Betrei is a soup, salad, pile, or a mixture, and is therefore Battul rather than being a Kavua. When it comes to people, a group is not soup.

    #926830
    Chortkov
    Participant

    gavra_at_work – I’m not sure what you are trying to bring with this. If you are finding me a ???? that the ???? is ???? between ???? of a ??? and a ?????, I think you may have misunderstood me.

    The OP decided that there needs to be a physically recognizeable difference between the things we are discussing [no comment; I haven’t learnt the ?????]. He says also that ???? is the only physical difference between a yid and a goy.

    All I was saying is that physically, that is no difference, because there are plenty of cases where you will have the ???? where all both the yidden and the goyim may or may not have had ????. We could even be talking before 8 days. There is no end to exceptions. Therefore if the OPs diyukim in ??? are correct, he will not be able to answer his question from ????.

    #926831
    yitayningwut
    Participant

    HaLeiVi –

    Do you think a Kosher meat store has to look different than a Treifa meat store?

    Yes. And every meat store does look different, and is therefore “known and recognizable in its place,” as Tosafos puts it.

    Tosafos is not saying that you have to be able to tell what makes it Assur and what makes it Muttar (i.e. To be able to tell that he is a Yid, or that the meat is Kosher). He is saying that the objects in question should still be Nikkar and not be seen as one big hodgepodge. In Gittin 64 Tosafos uses terms of Taaroves, which makes my point more clear.

    Fine. Let’s see where you take this.

    In a group of ten people, each person is an individual. In the case of Mekadesh Isha Min Hashuk, the specific woman is Battul in the world at large. If you think about, this is actually how you would naturally look at it, whether you have the right words to describe it or not.

    I do not think this is a viable explanation, and this is where I showed confusion in the OP. If you say a person is an “individual,” then what is the difference between a group of three people and a group of seven billion?

    #926832
    yitayningwut
    Participant

    yekke2 –

    Naniach that it isn’t so mistaver. I know it’s not an ideal answer, but it’s better than anything else I’ve got. True, no one mentions it, but that is not the end of the world because ???? ????? ????? so to speak. If you have a better solution then by all means, share it!

    #926833
    HaLeiVi
    Participant

    The Kosher store is not recognizeable as a Kosher store. According to your reading in Tosafos, that Tosafos means that the Issur and the Hetter has to be visible, it would have to be visibly clear that this store is Kosher and that one is Treif.

    As Tosafos in Gittin put it, it depends if there is an Iruv. When you are looking at a group of people you aren’t seeing an Iruv. You see the people as people. When you aren’t dealing with individuals then the theoretical person is Battul.

    I mentioned how you naturally look at it because that can be used to draw the line.

    #926834
    gavra_at_work
    Participant

    yekke2: There are examples where the Gemorah talks about non-jews that have a Bris Milah, this is one of them.

    If I were cheeky, I would say Pashut (Al Pi Rav Chaim (which probably isn’t true anyway)) that one could tell by the extra tooth that Yidden have and non-Jews don’t. Even if the teeth fall out, the root holes are still there. 🙂

    #926835
    yitayningwut
    Participant

    The Kosher store is not recognizeable as a Kosher store.

    But it is. Every store that you go in to, you know if it is a kosher store or not. There is a sign, the owner appears reliable, etc. etc. The point is it’s something which is discernible.

    When you aren’t dealing with individuals then the theoretical person is Battul.

    Why aren’t seven billion people “individuals”? Remember we are coming at this from the angle of ruba d’isa kaman.

    #926836
    HaLeiVi
    Participant

    How can you say that you can tell which meat store it is? We apply Kal Kavua by Teisha Chanuyos. If you can tell which one it is then there is no Shayla about which one you are in, if you can’t tell then according to your reading in Tosafos you go after Rov stores anyhow.

    I’m not saying what sam2 said, that people are never Battul just because they are people. The main point is that when it turns into an Iruv then we say Chad Bitrei. It’s pretty self evident that we don’t think of people in a crowd to be just a particle of a mix (even though we often do use such terms), while in terms of the human race it is a unit in which its members are individually indiscernible.

    Truthfully, is there no difference in your eyes between a man in a crowd and man in the world, or are you just searching for a good Lomdishe term that can define it?

    #926837
    Chortkov
    Participant

    Naniach that it isn’t so mistaver. I know it’s not an ideal answer, but it’s better than anything else I’ve got. True, no one mentions it, but that is not the end of the world because ???? ????? ????? so to speak. If you have a better solution then by all means, share it!

    I have not learnt this ??? ever and I’m afraid I have nothing to offer – but what Halevi writes makes a whole heap of sense! I don’t understand why you are not happy with that?

    #926838
    yitayningwut
    Participant

    How can you say that you can tell which meat store it is? We apply Kal Kavua by Teisha Chanuyos. If you can tell which one it is then there is no Shayla about which one you are in,

    This is a mistake. The classic case of kol kavua is where you have a piece of meat in your hand and are not sure which store you bought it from; not that you do not know which store is kosher.

    In fact, my personal understanding of the Rashba (although this gets extremely complicated in the acharonim) is that if you truly could not tell which store is which then mid’oraisa bittul would apply; you would only have to contend with the d’rabbanan of davar chashuv.

    Ayin heitev b’Toras Habayis.

    #926839
    yitayningwut
    Participant

    yekke2 –

    Lots of things make sense. The problem is when they don’t fit the pashtus of the cheshbon in the sugya and the rishonim.

    #926840
    HaLeiVi
    Participant

    This is a mistake. The classic case of kol kavua is where you have a piece of meat in your hand and are not sure which store you bought it from; not that you do not know which store is kosher.

    You are right; it was a mistake. Now, having looked over that Tosafos and looking up Tosafos in Zvachim I see that he definitely says that the Issur and the Heter should be discernible. That is what makes the Issur Kavua.

    As to your original question, I think the point is simply that if you had been close up you would know who is the Jew, in whatever way — perhaps by asking him or by his clothing, or by knowing him.

    A good way to understand what Kavua is, is to compare it to Asham, were we are Mechalek between two pieces of meat, on of which is Cheilev, and one piece of meat that is a Safek if it is Cheilev. We use the term Ischazek Issura. The point is that were there are two pieces, the Issur is a reality, but when there is one piece the Issur is a Tzad in your Safek.

    The same can be applied to Teisha Chanuyos. If you find a piece of meat it has nine Tzidadim of Kashrus and one Tzad of Tarfus. If your Shayla is on the stores, they are ISchazek — the Issur store is a reality sitting right there.

    So, Tosafos is saying that when there is one big mix, of animals, people, or rings, the Issur — being merely a Tzad — is Battul. On the other hand, when the Issur is “right there” it is Is’chazek, or in our terms, Kavua.

    #926841
    yitayningwut
    Participant

    I am not sure I grasp what you are saying, but let me try to formulate something in my own words which is coming to me from your remarks.

    We have a case where a guy was mekadesh a random woman and doesn’t know who. There we do not say kavua. Then we have a case where a guy threw a rock at ten people and we aren’t sure who it hit – the yid or the goy; there we do say kavua.

    At first glance it seems that we can differentiate between an inherent difference and an accidental difference. By the rock, the question is if it is a Jew or a non-Jew. There is an inherent difference there, or in other words, the issur and heter are b’etzem two different types. By the woman there is nothing inherently different about a woman who is mekudeshes to you and one who isn’t.

    To put it in more yeshivishe terms, when Tosafos says it is nikkar, he means there is a difference b’etzem – la’afukei the kiddushin case where there is only a difference klapei outside factors. The latter case is not called yadua v’nikkar bimkomo, and is therefore subject to bitul.

    But what do you do when you come to pieces of meat? You seem to imply that we are only matir meat when it is one piece that we have various tzdadim on. Yet when we have three pieces of meat, two kosher and one not kosher, sitting separately on a table, and we don’t know which is which, the halacha is that it is batel and we do not say kavua. One could be pig’s meat and the other two cow’s meat; it doesn’t matter. This is the Gemara in Chullin 95a and the halacha in Shulchan Aruch YD 109:1. Why is this not comparable to the yid and goy case? Why would this not be called an inherent difference? Or in your words, why is the non-kosher piece a reality?

    To put it more simply: what is the difference between three pieces of meat sitting on a table and ten stores in a town? Here I think we are forced to understand Tosafos’s chiluk the old fashioned, simple way I thought originally, and that is that the stores are known in their places and the pieces are not. But if this is pshat then we are back to square one.

    It could be I am missing your point. If so please try to explain it again.

    #926842
    HaLeiVi
    Participant

    I didn’t mean your Chiluk of Be’etzem or external. I drew a parallel to the concept of Ischazek Issura. You are pointing out that they are not altogether the same, since by two pieces of meat you have Ischazek Issura and they are still Battul.

    The main difference is that if you would be up close you would instantly know which is Muttar and which is Assur.

    It seems like you were assuming in Tosafos that you have to be able to see the factor that makes it Assur or Muttar, which led you to wonder if that means Bris. What I’m saying is that in whatever way it might be, you would recognize the Jew from the others if you would be up close. That gives the Issur a steady existence and it is not swallowed up in the mix.

    If I recall correctly, Reb Shimon Shkopp explains Parish and Kavua in a similar vein.

    #926843
    yitayningwut
    Participant

    But then why by horse meat and cow meat do we not say kavua? How are the two less discernible than a yid or a goy?

    #926844
    HaLeiVi
    Participant

    If you were in the crowd you would know which is the Yid.

    #926845
    yitayningwut
    Participant

    I don’t buy it. I don’t think there is any indication that the halachos are limited to Jews with payos flying and tzitzis hanging out.

    #926846
    HaLeiVi
    Participant

    It’s pretty clear from Tosafos and the Sugya in general that the only reason you don’t know is because you didn’t see.

    It can be beard, Peyos, clothing, shoe straps, simple recognition, or perhaps even a five minute conversation. This is the issue, that had you been there close up you would know who is whom.

    In the case of Keddushin the Krovim aren’t aware, and more importantly, there is no place to go to see the Issur and the Hetter.

    #926847
    yitayningwut
    Participant

    I still don’t buy it. I don’t think there is any indication we are dealing with Jews who necessarily appear differently than their gentile counterparts. The fact that you can ask is a far stretch to me especially because you can ask the woman who was mekudeshes. It just seems like you are splitting hairs where there is no real chiluk. My ela mai – as balebatish as it sounds – that the difference is the physical difference of bris – seems much more like the pashtus to me when weighed against this pshat.

    #926848
    HaLeiVi
    Participant

    And I don’t think we are talking here about a Safek Yehudi. That is a whole different Shaala. The issue is that you know who is who, it’s just that you don’t know which one you hit.

    In the case of the Mekudeshes the problem is actually the Krovim, since the Mekudeshes will tell you that she is MEkudeshes. As Tosafos says, otherwise nobody would be able to marry anyone since she might be an Eishes Ish. The Kerovim aren’t aware, so asking wouldn’t help.

    Besides, it is easily discernible who is the Yid, even if it would take asking him who his uncle is. The Mekudeshes is out there and can’t be found; she is mixed into the world.

    (What would you say about a group of non-Jewish Nimolim dressed as Yidden, and all it would take is saying, “Good Yom Tov. Du Hast Vu Tzu Esen”, to find out who is and who isn’t, wouldn’t you say that’s Kavua?)

    #926849
    yitayningwut
    Participant

    You are making a very good point, in that the mekudeshes case the person who is assur does not necessarily know she is, because the person who is assur is a karov and not the actual woman who received the kiddushin. I can hear now that by the case of the yid and the goy it is considered nikkar v’yadua since the individuals involved are all aware of their status, mah she’ein kein by the case of mekudeshes.

    This would effectively include women in all relevant halachos of course, and would not contradict anything when it comes to other cases of teisha chanuyos. In those cases where we are not dealing with a human being we obviously need to resort to more basic ways of measuring nikkar v’yadua bimkomo, which we do.

    Very nice. I hear.

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