Thursday, June 25, 2015

Shittas Rashi On The Nature Of Tevel - Part 2


In the previous post we explained that according to Rashi, tevel is forbidden because it is viewed a terumah mixed in with tevel. The reason that tevel is forbidden to kohanim [who should be allowed to eat it because they are allowed to eat terumah] is because it is similar to a korban before the throwing of the blood. After the separation of the terumah it is permitted and משלחן גבוה קזכי - the kohanim are eating at G-d's table.

That would induce the following question: The mishna says that one can be mekadesh a woman with terumah [kiddushin 58a] but not with kodshim [kiddushin 52b]. The gemara explains that the reason for this distinction is that kodshim משלחן גבוה קזכי and thus you can't use it for your own needs and marry a woman with it. So we see that terumah is NOT considered משלחן גבוה and thus one MAY marry a woman with it. Question!

This can be answered by saying that maybe there is some pasuk somewhere that permits one to use terumah to be mekdesh a woman despite the fact that it is משלחן גבוה just as we find with respect to גזל הגר [if one stole from a ger who has no יורשים and he swore that he didn't, he gives the principle and an added fifth to the kohanim] that one may use it to be mekadesh a woman even though משלחן גבוה קזכי [see Tosfos Zevachim 44b ואפילו לקדש בו אשה]. There is actually an explicit Tosfos in Beitza [21a ד"ה אבל] that says that even if משלחן גבוה קזכי there are instances where the object belongs to a person to the extent that he can be mekadesh a woman.

According to this we can say that terumah is an איסור השוה בכל - forbidden equally to all even though it is permitted to kohanim. This is based on on a gemara in Chullin [120] that a neveila is not considered הותרה מכללה [permitted from its usual איסור] with regard to melika [which is not shchita so it should be considered a neveila but it is not] "דשאני כהנים דמשלחן גבוה קזכי" - Rashi HaKadosh explains "והיתירא משום גבוה הוא אבל לגבי הדיוט לא אשכחן דהותר" - Meaning, this is not regular eating. This is a Divine, משלחן גבוה type of eating and is thus not considered הותר מכללה - released from the previous איסור because it is a different category אין גאנצן [like, totally!]. But with regard to regular eating we find no heter of the איסור נבילה.

This allows us a firm basis to say that terumah is forbidden to ALL, even kohanim, and when kohanim eat it is viewed as אכילת גבוה - Divine eating. So there is really no regular heter for eating terumah. [Reb Elchonon in Kovetz Hearos 47/5 and 10/5 seems to be saying the same sevara].

More to come bl"n....