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Tripe

asked 6 years ago

peace,
In terms of my studies, I am nearing the end of the laws of Tripot in Tosha. I am interested in your opinions on this subject –
A. Many of the discussions on the laws of trifah are based on the assumption that a trifah is not alive (sometimes this assumption is even used to decide whether a certain defect is trifah or not), while today it is clear that a trifah is alive and kicking, and even gives birth and reproduces (and this knowledge is even stated in Chulin 72b, and it is even written there that “the halakha gives birth and reproduces”). Although the Rambam writes that trifah is not dependent on the life or death of the animal, but rather is the halakhah, many discussions in the poskim go in this direction. Do you think these discussions should be rejected (in the sense that there is no value in dealing with them, and there is no halakha like them)? It should be noted that this halakha also leads to the kolaka (if a trifah that has been in the womb for 12 months is in doubt, it is prepared).
B. In the specific law of trampling – the Talmudic discussions are based in part on “shada zihariyya” or “la shada zihariyya”, which most jurists interpret as “venom” found in the claws of the predatory animal. However, it is now known that such venom did not exist and was not created, and there was no such thing, and various excuses (such as infections or bacteria) are unable to explain the details of the laws (why does a wolf do it and not a dog? Why does a cat do it and specifically with its front leg and specifically voluntarily, etc.). What is the relationship to all of this? Should we remain faithful to the law in our hands, even though it appears to be based on incorrect scientific knowledge, be lenient in everything because there is no venom, or, conversely, be stricter in all trampling of any animal (or establish another criterion, such as the size and force of the blow)?

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מיכי Staff answered 6 years ago

I have not examined all the facts in these contexts, but in general, I think any halacha that is based on a scientific error is invalid without the need to resort to the Great Council (it is not like a regulation that was invalidated in the R.P.B. Memmarim). As you mentioned, the Rambam believes that this is a Halam (regarding the B.A.H., not regarding the B.N.A.), and then it does not depend on the scientific facts.
I remember there is an article by Rabbi N. A. Rabinowitz that deals with the relationship between Halacha and scientific facts and he discusses in detail the subject of tripot.

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