Masechet Makot 15b-16a: Lav Hanitak LeAseh, Bitllo VeLo Bitlo, Kiymo VeLomo Kiymo and Hasra'as Safek

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Date:
February 04 2015
Length:
1h 6min 11s
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Series: Daily Shiur

Venue: Jerusalem Jerusalem

Gemara:
Makot 
Halacha:

Collections: Rabbi Berzon: Makkot 2014

Description

In this shiur for Masechet Makot 15b-16a on the sugya of Lav Hanitak LeAseh, and the two opinions of Bitllo VeLo Bitlo and Kiymo VeLomo Kiymo, we will analyze the interdependence between this controversy and the controversy regarding Has'ra'as Safek. We will focus on two questions: why does Kiymo velo kiymo involve a Hasra'as Vadai? After all the violator may decide to fulfill the Aseh and exempt himself from malkot? We will study Rashi & Tos' on this question and explore a possible difference between the two. Second, why does R' Yochanan reject kiymo velo kiymo? Even if Hasra'as Safek is valid why must R' Yochanan maintain that Bitlo velo bitlo? In the last part of the shiur we will study the braisa of Rebby Yehuda re: Nosar.

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    Learning on the Marcos and Adina Katz YUTorah site is sponsored today by the Goldberg and Mernick Families in loving memory of the yahrzeit of Illean K. Goldberg, Chaya Miriam bas Chanoch