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On the essential difference between majority and permanent

שו”תCategory: Talmudic studyOn the essential difference between majority and permanent
asked 3 years ago

Hello Rabbi!
I intend to ask a challenge question posed by the head of the yeshiva where I study matters of “majority” law and “fixed” law in Spikot.
In the Gemara in Ketuvot, the scripture states that when a person finds a piece of meat in the market when there are 9 kosher shops and one is a trap, the law is to follow the majority.
In the second case, when he bought a piece of meat in a kosher store and then settled where he bought it, the ruling is fixed and each fixed is a half-for-half payment.
And I was surprised by that. After all, from the perspective of logical intellectual explanation, it is most correct and safest to always go with a fixed one!
For example, when a person is brought a glass of water and told: There is a 10 percent chance that this glass is poisoned, but there is a 90 percent chance that this glass is fine and not poisoned.
The most sane and logical answer from the human mind’s perspective is to state that there is doubt here. Either it is poisoned or it is not. The same goes for meat in the market.
So then, it turns out that according to Sabra, the norm is to say “permanent” and not follow the majority !
So that’s why I asked to clarify, assuming that it is most correct from a theoretical perspective to go half and half, then, in what cases do I prefer the majority over the fixed?
I would be happy if the Rabbi could find an answer or direction to answer this.
Thanks in advance!


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0 Answers
מיכי Staff answered 3 years ago
You are confusing the most correct with the most certain. These are two different questions, and neither of them are questions at all.
Regarding the right one. Not every two options are equally likely. When you go out on the road, there’s a chance you’ll get hurt. So why do you go out? 50% chance you’ll get hurt, right? No. The chance of getting hurt is small, so you get off (take the risk). On a road where the risk is 95%, you wouldn’t take a risk. You remind me of a joke my wife has. Every time we have two options, she announces that if there are two options, then the chance of each is 50-50.
Regarding the safe. You can argue that even if there is room to gamble on the high chance, when it comes to a prohibition it is like poison and it is not worth taking the risk. But as mentioned, even when it comes to risking one’s life (going down the road). Moreover, a prohibition is not poison. If it is invalidated by the majority or is halachically permissible, then there is no prohibition and in any case there is no reason to be strict. It is permitted and not rejected. One must pepper this with the ruling of something that has a permit and a prohibition.

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