Sunday, April 10, 2005

A fascinating psak in Berachos 38

The gemara in Berachos 38 states that berachos have to be said in the past tense. the gemara then asks what should the language of the beracha on bread be. The gemara says that everyone agrees that מוציא is past tense, the gemara has a dispute about המוציא, one opinion says it is also past tense and 1 opinion says it is not. The gemara (and this is our practice) paskens המוציא, why? So that the beracha should tell us exactly this point, that המוציא is past tense.

We see an amazing thing here. Even though by saying מוציא we would be יוצא any ספק, the gemara thought that it was more important to say המוציא and teach us something. We learn a very important thing here. Sometimes, it is more important to do something that is under dispute but you hold is permitted then to be מחמיר and be be יוצא any ספק, instead you need to do what you think is permitted to specifically show people that this is the halacha. This is why for example, some Rabanim specifically drink regular milk in the US and not "chalav yisrael" to show that they hold like R' Moshe that regular milk is perfectly ok.

The lesson from here is that we shouldn't always run to be מחמיר and be be יוצא any ספק, sometimes it is more important to show what the halacha really is. The big question is when do we say this and when do we say that you should be מחמיר, for the answer to that you need to ask your Rav.


Euonymus Alatus said...

Darn it, the Chazon Ish was also mattir Cholov Akum with mirsas. And where did you learn? I liked your answer about chezkas taharo for tum'as zivoh.

bluke said...

I learned in YU, I was in RHS's shiur for a number of years