Nazir - Daf 37
- משרת ליתן טעם כעיקר
Abaye asks how היתר מצטרף לאיסור can be learned from the word "משרת" by nazir, since there is a Baraisa which states: "משרת" ליתן טעם כעיקר – The word “steeped” teaches that flavor is equal to substance, שאם שרה ענבים במים ויש בהן טעם יין חייב – that if he steeped grapes in water, and it has wine flavor, he is liable for drinking it. The Baraisa adds that this principle is extrapolated to all prohibitions, based on a kal vachomer: A nazir’s prohibitions, which are temporary (for the duration of his term), only prohibited in consumption (and not benefit), and can become permitted (if a chochom annuls his nezirus), then certainly by other prohibitions which are more stringent in some or all of these regards. The Gemara answers that this Baraisa reflects the view of the Rabbonon, but Rebbe Abahu (quoting Rebbe Yochanan) was discussing the opinion of Rebbe Akiva, who holds that משרת teaches היתר מצטרף לאיסור by nazir, as the Gemara demonstrates from a Baraisa.
- Rebbe Akiva learns טעם כעיקר from גיעולי נכרים
The Gemara asks from where Rebbe Akiva (who holds "משרת" is teaching היתר מצטרף לאיסור) learns the principle of טעם כעיקר. He cannot learn it from בשר בחלב – meat cooked in milk, where the flavor of milk absorbed into the meat forbids it, because בשר בחלב has a novelty that even if the two soaked together all day they are permitted (Biblically), despite the flavor imparted, and are only forbidden when cooked together. Rather, Rebbe Akiva learns טעם כעיקר from the law of גיעולי נכרים – purging utensils of gentiles from the absorbed flavor of forbidden foods. Without purging, the flavor would later be emitted into the Jew’s food and forbid it. The Rabbonon do not accept this source, because there is a novelty here in that even נותן טעם לפגם – the imparting of detrimental flavor, is forbidden, in contrast to the normal rule that it is permitted. Although Rebbe Akiva responds: לא אסרה תורה אלא לקדירה בת יומא – the Torah only forbade a pot used that day, which he considers to be unspoiled, they counter thatקדירה בת יומא נמי אי אפשר דלא פגמה פורתא – even a pot used that day, it is impossible that the absorbed flavor has not spoiled somewhat and is thus a novelty.
- היתר מצטרף לאיסור by a korban chatas
Rav Ashi was asked why Rebbe Akiva did not learn from nazir to apply היתר מצטרף לאיסור to all Torah prohibitions (just as the Rabbonon apply טעם כעיקר to all prohibitions based on nazir). He answered that the Torah taught this principle in two places, nazir and chatas, and the rule is that one principle taught in two pesukim cannot be extrapolated elsewhere. The case of chatas is in a Baraisa, about the passuk which says: כל אשר יגע בבשרה יקדש – “Whatever touches its meat becomes holy,” that the word "בבשרה" (“in” its meat) teaches that if part of the chatas is absorbed into shelamim meat (for example), יקדש להיות כמוה – ”it shall become holy,” to be treated like the holier chatas, שאם פסולה היא יפסל – that if [the chatas] is passul, [the meat] becomes passul, ואם כשרה תאכל כחמור שבה – and if [the chatas] is valid, [the meat] must be eaten according to the stricter [chatas] component (e.g., according to its shorter timeline for eating). [The Rosh explains that although this appears to be a case of טעם כעיקר, since טעם כעיקר already has a source, we interpret the case to be one of היתר מצטרף לאיסור, such as a kezayis composed of shelamim and chatas.]According to the Rabbonon, the two pesukim are not about the same subject, since they hold that "משרת" by nazir is discussing טעם כעיקר.
