Sunday, September 2, 2012

Rashi On Yachloko - Part 1

לרפואת יואל בן עליזה בתוך שאר חולי ישראל

Ahhhhhh chuppahs!!!! Keyn Yirbu!!! There are so many and they take soooo loooongggggg. Fifteen different songs, 27 different people march down the aisle, brachos, ksuba readings, sometimes a speech extolling the chosson and kallah [and baruch haShem never mentioning all of the politics, di$agreements and tensions that preceded this momentous occasion...], a broken glass on the fourth try and more.

What a great time to learn! Recently at a chuppah a friend asked me about the Rashi on the mishna of shnayim ochazim. Here goes..... 
דוקא אוחזין דשניהם
מוחזקים בה ואין לזה כח בה יותר מזה

Says Rashi - The instance where we split the tallis 50/50 is where they are both holding on to it and neither of them has more rights to it than the other.

Explain the Mordechai and the Hagaos Maimoniyos, that if they are both holding on to it we say יחלוקו but if it would be placed on the ground then we would say כל דאלים גבר. This is consistent with the opinion of Tosfos but in contrast to the opinion of the Ri-va who maintains that אוחזין is לאו דוקא and even if they are not both holding on to it we say יחלוקו as long as there is not a ודאי רמאי.

But we  must understand what Rashi adds with the words ואין לזה כח בה יותר מזה. If they are both holding on to it that is enough to mandate יחלוקו so what does Rashi add with the words ואין לזה כח בה יותר מזה?

Apparently Rashi is following his line of reasoning elsewhere. On ב' עמוד ב' ד"ה בשבועה  Rashi says   that each person is holding on to the WHOLE garment unlike Tosfos who says that there is an אנן סהדי - when we look at them both holding on to the garment it is clear that they both own HALF. So according to Rashi each party nullifies the מוחזקות of the other. That is why it is not enough to say that each party is holding on to the garment [because it doesn't help since each party nullifies the מוחזקות of the other] and Rashi was compelled to add that ממילא neither party has more rights to it than the other.

But obviously this is not enough and we have to understand why according to Rashi each party gets half.

I hope that will be a post for the very near future - time permitting:-).