- Question: If a person sells an ox to his friend and it is
found to be a treifa why is it a faulty sale (mekach ta’us), maybe it will
live, who cares if most of them will die, there is a halachic rule that we
don’t go by the majority when it comes to monetary cases?
The answer is not like the Hafla’ah said in Kesubos 15b that once we rely on a majority to answer a prohibition question then we can use that majority to answer a monetary question, meaning because the majority will say whether it is kosher or not it can now poskin whether it is a mekach ta’us (faulty sale). The reason why this answer does not hold up is because many halachic authorities disagree with it.
The halacha of mekach ta’us (faulty sales) is dependent on the will or mindset of a person
Answer: We can assume that a person does not want or agree to buy an animal which is now a treifa since most of the time it will die and only the minority will stay alive.
Why does Rashi say that the oil is the main ingredient of anigron, a liquid
type of throat lozenge, only because there is more oil than beet juice but when
one eats an olive in order to subdue the harshness of a radish that is enough
of a reason to say the blessing is on the radish?
Gemara in Brachos 36a says a mixture of oil and beet juice use to be taken to
soothe sore throats and the blessing was on the oil (which has a special
B. Rashi says the reason the blessing is on the
oil is because there is a lot more oil than beet juice. Rabbeinu Yonah says the
reason why the blessing is on the oil is because that is the main ingredient
and the beet juice is only mixed in because it is dangerous to drink oil by
C. Rashi in Brachos 41a says if one eats an
olive just to cool down his mouth after he ate a radish he does not need to say
a blessing on the olive because the radish was the main food but the olive was
just to cool down the sharpness of the radish.
D. Why isn’t Rashi consistent with his rule that if one eats one thing just so that he can eat another then the blessing is only needed on the main food he wants not the food that helps him eat it?
Answer: This rule only applies when eating two food separately one after the other but if they are mixed together like the beet juice and oil one would think that the beet juice is the main drink if there is little oil and the blessing is on the beet juice, only because there is more oil than beet juice is why we say a blessing on the oil. [/expand]
Why does the judge only have to write up the claims and final decision but not
the proofs and logic behind the decision if a litigant wants to take the case
to an appeals court?
a. The Shulchan Aruch (Choshen Mishpat 14:4) says in the Rema: “When they have to write for him the reason why he was judged there is no set time to do it, rather whenever he has a chance he writes it and gives it to him. He does not need to write the reasons or proofs; he only has to write for them the claims and final decision.
Answer: The Sma (26) says that every good court, when they hear the claims, knows how to come out with the proper decision because all Jews have one Torah.
- Question: Why do you need to check on all the mezuzahs of your house and can’t rely on a chazaka after 3 of them are still found to be kosher?
A. The Shulchan Aruch (Yoreh Deah 291:1) says an individual household should check there mezuzahs twice every 7 years and mezuzahs of the public twice every fifty years.
B. A chazaka is an assumption or pattern that is established after 3 times so if 3 mezuzahs were found to be kosher why can’t one assume that all the rest of his mezuzahs in his house are kosher?
Answer:The Birkay Yosef and Pischei Teshuva (1) both say that you have to check all the mezuzahs put up the same time as the 3 because not all the locations are the same, environment differences, colder, warmer, rain, snow, etc.
- Question: Why isn’t there a difference between lefties and
righties when putting up a mezuzah as there is when putting on tefillin?
A. Lefties put tefillin on their right arm and righties but
tefillin on their left arm.
B. Rebbe Akiva Aiger quoting a Mordechai says that even if one’s
stronger leg is his left one, that is what he normally comes in with (meaning
he starts walking with his left foot, so when walking through a doorway he
would assumingly step in starting with his left foot) still the mezuzah should
be placed on the right side and it is not like tefillin.
C. Most people in the world are righties.
Answer: Rebbe Akiva Aiger answers in Yoreh Deah 289:2 that mezuzah is protection for everyone in the household not just for the one who puts up the mezuzah.
- Question: Why do some hold one can make a shehecheyanu on buying new
sefarim but not on a new pair of tefillin?
The Magen Avrohom (Shulchan Aruch Orach Chaim 223:5 brings the opinion of the
Birkas Rm”m, but argues on him, who holds you do make a shehecheyanu on new
sefarim but not tefillin. The Mahar”I Bei Rav brought in the Be’er Heitiv says
you even make a shehecheyanu on buying a Sefer Torah.
The Rambam says you make a shehecheyanu on Tzitzis and tefillin just like you
make a blessing on doing an mitzvah from time to time like lulav, Chanukah
light, shofar etc.
c. The Tur argues and says you say a shehecheyanu on tzitzis because you bought new vessels or clothes. But not on tefillin because mitzvos are not to get personal benefit from.
Answer: The excitement of acquiring sefarim is not just in order to learn them which would fall into the category of mitzvos are not for personal benefit but there is an excitement in enlarging ones collection of sefarim and now having this specific Sefer or set, or a whole Sefer Torah added to his collection, that excitement according to these opinions would obligate a shehecheyanu but most people are only excited to get a pair of tefillin because now they can perform the mitzvah.
- Question: How should it be possible to differentiate between verses
in a Torah scroll?
a. The Rema in Yoreh Deah 274:7 says an idea that the Shach (6) says should be done but not too much, to indicate an end of a verse, since one cannot write periods in a Torah scroll.
Answer: Make a little space between each verse.