- Question: According to the Ta”z what’s the difference between a slab of meat which you are unsure whether the unkosher fats and sinews were removed where we assume it was removed and a house before Pesach where you are unsure if it was checked and cleaned out of Chometz where we assume it was not checked?
- The Ta”z (Yoreh Deah 127:6) holds that if one is unsure whether a slab of meat had any unkosher fats and sinew taken from it or not we don’t assume it is forbidden because the meat itself wasn’t originally forbidden and the prohibition is just the unkosher fats and sinews, we are just worried that while eating the meat you might take a bite of the fat or sinew. Since what would be permissible after the removal was permissible the whole entire time just that it was mixed up with forbidden things therefore
it is not considered to be assumed prohibition, ischazek isura.
B. The Shach in the Nekudas Hakesef argues there and holds that since originally it was forbidden to eat this piece of meat then its considered ischazek isura.
C. The Shev Shmaisa (6:5) explaining the view of the Shach says that he has to admit the meat is assumed permissible but it is also assumed to not have what’s forbidden removed. He brought a proof to this assumption from a Beis Yosef (Orach Chaim 437) that poskin by a house which we are unsure if it was checked from chometz is assumed to be unchecked. This means that granted the house itself is permissible but the chometz inside would be forbidden we still assume the house was unchecked.
D. The Rabbis enacted that the person living in the house has to check it for chometz.
E. People don’t have to eat meat.
Answer: The obligation is what triggers the assumption of being forbidden so because there is an obligation to check the house then we assume it is unchecked until we know it was checked but there is no obligation to eat meat so the assumption that the forbidden fats and sinews weren’t removed doesn’t kick in.