Wednesday, April 3, 2019

More On Hechsher

Follow up on this post from last week.

The Gemorah in many places brings the law of Devai Rebbe Yishmoel that something that will obtain a greater state of tumah later on doesn’t require hechsher to become tamei.  Based upon this he rules that a bird which is a nivelah since it will cause a person to be tamei to even be מטמא garments when it is eaten, it doesn’t require hechsher to have tumas ochlin.  He bases it upon the source for hechsher of a food which is said in regard to a seed which will not obtain a greater status of tumah later on but something that will doesn’t require hechsher.  It is a debate in the Rishonim what it means that it doesn’t require hechsher.  Rashi in Chullin 121a holds that it is susceptible to tumah even if it didn’t become huchshar through a liquid.  The Raavad (Avos Hatumah 3:3) understands that it means that it doesn’t require something tameh to touch it, it will become tameh automatically, but it does require hechsher for it to be tameh.  [His opinion is very difficult for it seems to be contradicted by the Gemorah in Niddah 51a as Rebbe Akiva Eger (Teshuvot volume 2 #99 points out.)  Furthermore, the whole source of the law is derived from the possuk written in regard to hechher so how could it be telling me a law regarding tumah but not regarding hechsher?  Because of these problems the Chazon Eish changes the text of the Raavad.]  Either way, the Rashash in Zevachim 105a explains the reason of the Raavad is because without hechsher its not called a food and therefore can’t be metameh without hechsher.  Based upon the Chinuch and Rashi on Chumash that that is the reason for the need of hechsher to ready a food to be tamah, why would the Raavad not be right?

The Rambam (Tumas Oclin 2:14) rules that a food that wouldn’t be eaten by humans will not be susceptible to tumas oclin. However, if the food already become tameh then it remains tameh until it becomes unfit even for the consumption of a dog.  What is the difference it became tameh already, at whatever stage it’s no longer considered a food it shouldn’t be susceptible to tumah or remain tameh?  The Achronim (Steipler Taharos, Achiezer volume 2 #11) explain that the Rambam holds it only loses the status of a food if it no longer fit for consumption by a dog and that’s why the tumah only falls off at that stage.  In order to be susceptible to tumah there is another category, its not enough to be considered a food, it must be עומד לאכילה, it must be desired by a human to eat it.  Once it becomes a food that a person wouldn’t consume it is no longer עומד לאכילת אדם.  The source for this is the Mishna in Taharos Ch. 5 that the food must be מיוחד לאדם ands its based upon the Toras Kohanim Shemini 11:34 מכל האוכל אשר יאכל פרט לאוכל סרוח, the derasha teaches us that to be tamah the food must be desired for human consumption.  
Based upon this principle that it needs to be עומד לאכילה, we can revisit the Chinuch.  He doesn’t mean that without hechsher it’s not considered a food at all, he means that it’s not עומד לאכילה.  Without hechsher it is a food fit for consumption, but it won’t become tamah because its not desirable to eat.  This whole law that the food must be desired by a person to become tamah is only when it is becoming tamh via something else like the context of the derasha of the Toras Kohanim.  However, something that will obtain a greater level of tumah will obtain a status of tumah in its own right even without outside help, hence as long as it is considered a food it will become tamah (Asher L’Shlome Taharos # 77.) 

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