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THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
1) MEDICATION THAT CAUSES STERILITY
QUESTION: The Gemara asks that drinking "Kos Ikrin," even for medicinal
purposes, should be forbidden because it causes sterility, and causing
sterility ("Sirus") is forbidden by the Torah.
Why should it be forbidden when a person drinks it for healing? Since he
intends to heal himself and not to make himself sterile, it is a Davar
sh'Ein Miskaven, which should be permissible.
(a) TOSFOS (DH Talmud Lomar) cites the SH'EILTOS who writes that the Gemara
is only asking that it should be forbidden according to Rebbi Yehudah, who
maintains that Davar sh'Ein Miskaven is forbidden. But if this is true,
then l'Halachah it should be permitted to drink Kos Ikrin because we rule
like Rebbi Shimon, who maintains that Davar sh'Ein Miskaven is permitted!
The Sh'eiltos answers that we rule like Rebbi Shimon only with regard to
Shabbos; in all other areas of Halachah, though, we rule like Rebbi
(b) TOSFOS (ibid.) cites the RI who argues with the Sh'eiltos and says that
even according to Rebbi Shimon, drinking Kos Ikrin should be forbidden,
because it is a "Pesik Reshei."
(c) The ROSH (14:9) adds that this type of Pesik Reshei is forbidden even
according to the opinion which maintains that a "Pesik Reshei" that one
does not want ("d'Lo Neicha Lei") is permitted on Shabbos (the Aruch, cited
in Tosfos, 103a, DH Lo Tzerichah). Such a "Pesik Reshei" is permitted only
with regards to the laws of Shabbos, when the additional exemption of
"Meleches Machsheves" applies. In all other areas of Halachah, Meleches
Machsheves does not apply and therefore a "Pesik Reshei" that one does not
want will be forbidden.
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