Sunday, March 25, 2018

A BETTER Leniency

לע"נ ר' מרדכי צבי בן ר' אהרן מנחם 

The gemara [Pesachim 27b] asks that according to R' Yehuda who learns from a kal vachomer that we must BURN the chometz, a leniency will emerge, and we don't accept a chumra from a kal vachomer if it leads to a leniency. What leniency emerges? If he lacks wood, then he will not be able to fulfill the mitzva of removing his chometz. So it must be that the Chachomim are correct and one may discard of his chometz in any way - השבתתו בכל דבר.

עד כאן דברי הגמרא! 

The question is - Why doesn't the gemara ask a stronger question?!! Instead of asking from the rare case of having no firewood, ask instead about another leniency that will emerge. According to the gemara [Temurah 34], if the mitzva is to burn an object, the ash is permitted for benefit. So by requiring burning, he is allowing benefit from the ash. But according to the Chachomim [who say that there is no special mitzva to burn], one may not benefit from the ash if he decides to discard the chometz by burning it. So why doesn't the gemara cite a leniency that is much more common??