In Vol. IV Shiur 6 HaRav Ostroff mentions in the name of his father-in-law, why we don't say that using a sieve in this case [removing peel from karshanim by placing them in a sieve] is a psik reisha, namely that the action is one of carrying the sieve and not a ma'aseh borer.
I'd just like to mention that the Kaf HaChaim on this Seif, 319:75, writes that we are not worried that borer will axiomatically take place as "לא עביד כלום" - i.e. not only is he not doing borer, but he isn't doing anything at all (carrying or otherwise). He makes the further point that we don't prohibit this in case he might do an actual ma'aseh borer as it wouldn't be derech b'reira (it's a shinui) and he would only be doing an issur d'Rabbanan.
Thursday, 20 December 2007
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3 comments:
B"H
The following may, however, be relevant:
At least for Ashkenazim, a psik reisha bid'rabbanan (i.e. of a d'rabbanan) is assur. We do not rely on the contrary psak of the Aruch unless there is an additional tzad l'hatir.
This is a complicated inyan, and I may have misunderstood it. All further comments are welcome.
Kol Tuv,
Yechiel.
Hi Yechiel, good to hear from you.
I think what you say is reflected in the different l'shonos of the Mechaber אע"פ שנופל הפסולת דרך נקבי הכברה (which is based on the Ran) and the Tur אע"פ שפעמים נופל הפסולת דרך נקבי הכברה (which is based on Rashi).
The Biur Halacha makes the point: אע"פ שנופל וכו' - כן הוא לשון הר"ן ע"ש ולשון רש"י בזה אע"פ דלפעמים נופל וכו' ומשמע דס"ל דאל"ה אסור משום דהוי פסיק רישא:
B"H
Wow! Very insightful. Just to add that if something only happens "sometimes", it seems to me that it is not a psik reisha.
By the way, the issur v'heter shiurim which deal with p'sik reisha also refer to the Aruch, but I don't think that it's clear from those shiurim that we don't generally pasken according to the Aruch.
Kol Tuv,
Yechiel.
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