Li-zchus -
R' Moshe Yehuda Hanus
R' Shmuel Stein
R' Chaim Schreck
R' Eytan Feldman
R' Avromi Sommers
For much success in all they do together with their families
According to those who maintain that all איסורי הנאה may not be fed to hefker animals, there is a big question from the Gemara [Kiddushin 39a] where Levi told Shmuel to give him fruits that he would eat - ספק לי ואנא איכול. The Shev Shmatsa [1-2] quotes the Ran who explained the Gemara as saying that it is permitted to give one's friend fruits that he knows are ערלה since his friend doesn't know that they are ערלה. Asked the Shmatsa, since ודאי ערלה is אסור בהנאה how was it permitted to give it to someone else, it is forbidden to give one's friend איסורי הנאה and the giving itself is considered הנאה [because his friend will have gratitude for the favor].
We can explain the Gemara differently - namely that Levi was saying ספק לי ואנא איכול, meaning from the fruits of Levi, who had in his field fruits that were ערלה and also non-ערלה and Shmuel mixed up the היתר with the איסור, and thereby Levi was allowed to eat his fruits because they were only ספק ערלה. It emerges that Levi received no monetary benefit from Shmuel [and would not feel indebted] and was thus allowed to benefit from the ספק ערלה.
Not so fast, because still, according to the opinion that one may not feed איסורי הנאה to hefker animals, it is certainly forbidden to feed it to a person. He won't have gratitude [because it belongs to him] but it should be אסור because he is causing this ספק הנאה from איסורי הנאה? We have to say that when he gives the owner what belongs to him this איסור doesn't apply.
Rashi writes [Pesachim 5b D"H Shma Mina]:
."דאי השבתתו בכל דבר סבירא ליה, לוקמה ביום טוב, ויבערנו בדבר אחר, יאכילנו לכלבים או ישליכנו לים"
We see from Rashi that one may feed chometz to dogs [that don't belong to him] on Pesach. The Acharonim ask on Rashi from the Yerushalmi that says that it is FORBIDDEN to feed chometz even to hefker animals.
The Imrei Bina [דיני פסח סי' י"ט] answered that Rashi means that when one finds chometz on Pesach he should be allowed to dispose of it this way because it לא מכוין ולא אפשר - meaning he doesn't intend to benefit by feeding it to this animal [especially if we say that מצוות לאו ליהנות ניתנו and therefore when he does this mitzva it can't be considered הנאה - see there] nor does he have any other options.
The Imrei Bina may have a point when he says that it לא מכוין but how can it be considered לא אפשר - that he has no other options??! He HAS another option - throw it into the ocean!!! צ"ע.
