Siman - Pesachim Daf 22
- Two sources that indicate an issur hana’ah is included in food prohibitions
On Daf 21b the Gemara introduced Rebbe Abahu’s position that where the Torah states a prohibition regarding eating, an issur hana’ah is included, unless the Torah states otherwise such as in the case of a neveilah. According to Rebbe Meir this principle is learned from the prohibition of neveilah where the Torah permits giving it to a ger or selling it to a nochri. This implies that if the Torah had not explicitly permitted deriving benefit from it, getting hana’ah would be prohibited. Rebbe Yehudah derives this principle from the passuk regarding a treifah which states, ובשר בשדה טרפה לא תאכלו לכלב תשלכון אתו – You shall not eat the flesh of an animal that was torn in the field, to the dog you shall cast it. אותו אתה משליך לכלב – From here we infer that it, referring to the flesh of the treifah, you may cast it to the dog, ואי אתה משליך לכלב כל איסורין שבתורה – but you may not cast to the dog all other prohibited substances that are enumerated in the Torah. The Gemara brings several challenges to Rebbe Abahu’s rule.
- The gid hanasheh is mutar b’hana’ah
Rebbe Yitzchok Nafcha challenged Rebbe Abahu’s rule from the case of the gid hanesheh, which is forbidden to eat yet it was taught in a Mishnah in Chullin, שולח אדם ירך לנכרי וגיד הנשה בתוכו – A person may send to a nochri an animal thigh with the gid hanasheh in it, מפני שמקומו ניכר – because its place is discernable. Rashi explains that we are not concerned that one who witnessed the transfer will buy this thigh from the nochri and eat it on the mistaken assumption that the gid hanasheh was already removed. The removal of the gid hanasheh from a whole thigh leaves an unmistakable marking, whose absence will alert the Jewish purchaser that the gid hanasheh remains. We see from here that one can derive benefit from the gid hanasheh.
The Gemara answers that Rebbe Abahu holds, כשהותרה נבילה היא וחלבה וגידה הותרה – that when deriving benefit from a neveilah was permitted by the Torah, benefiting from the flesh of the carcass, its cheilev and its gid hanasheh were all permitted. Therefore, Rebbe Abahu’s rule does not apply to the gid hanasheh, because the Torah made a special dispensation permitting it.
- כשם שקבלתי שכר על הדרישה...
It was taught in a Baraisa on Amud Beis, Shimon Haamsoni, and some say, Nechemyah Haamsoni, היה דורש כל אתים שבתורה – Would expound on every את in the Torah, teaching what it came to include, כיון שהגיע ל'את ה' אלקיך תירא" פירש – However, once he reached the pasuk, You shall revere, את, Hashem your G-d, he withdrew, and ceased from expounding the word את. Rashi explains that he felt it was impossible to equate the reverence one must have for HaKodesh Baruch Hu to the reverence for any other thing. Rashi also adds that he withdrew all of the drashos that he had ever expounded of the word את. When his talmidim asked him, what will become of all the derashos he expounded, he answered, כשם שקבלתי שכר על הדרישה כך אני מקבל שכר על הפרישה – Just as I received reward for the derashos that I made, so I receive reward for the withdrawal of these derashos. The situation persisted until Rebbe Akiva came and expounded, את ה' אלקיך תירא – You shall revere את Hashem your G-d, לרבות תלמידי חכמים – the את here comes to include talmidei chochomim. Rashi refers to the Mishnah in Avos that says that one’s fear of his teachers should be like the fear of Heaven. .
