Deriving Benefit from Gid Ha’nasheh

Q. Is one permitted to derive benefit from the gid ha’nasheh?

A. The Gemara (Pesachim 22a) records a disagreement between Rebbi Yehuda and Rebbi Shimon Bar Yochai whether one may benefit from the gid ha’nasheh: Rebbi Yehuda is lenient and Rebbi Shimon is strict. Tosfos (Chullin 99b) follow the ruling of Rebbi Shimon. However, the Rambam (Hilchos Maachalos Assuros 8:14), Rosh (Chulin 7:17), and most Rishonim follow the ruling of Rebbi Yehuda. In fact, some point out that the general rule regarding disputes between Rebbi Yehuda and Rebbi Shimon is that the halacha follows the opinion of Rebbi Yehuda. This is the conclusion of the Shulchan Aruch as well. However, Rav Yosef Kairo wrote two primary works of halacha: the Beis Yosef, which is an extensive commentary on the Tur, and the Shulchan Aruch. Even though the Shulchan Aruch allows deriving benefit from the gid ha’nasheh, the Beis Yosef writes that though it is permissible, it is preferable to be strict, since the Zohar forbade benefitting from the gid ha’nasheh. The Pri Chadash (65:16) concurs with this position of the Beis Yosef. On the other hand, the Rema (Darchei Moshe YD 65:12) writes that there is no proof from the Zohar, since the author of the Zohar is Rebbi Shimon bar Yochai and we follow Rebbi Yehuda. Still, some of the later poskim write that it is proper to be strict (see Kreisi and Machzik Beracha).

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