ain issur chal al issur and R' Shimon's derech halimud

Some bookstores (e.g. The Strand in NYC) were meant for browsers more than buyers. The internet allows for virtual browsing, and hebrewbooks.org is the sort of site where treasures are often found. I recently chanced on a Sefer haYovel published in honor of R' Shimon Shkop’s fiftieth year as Rosh Yeshiva that is filled both with divrei halacha as well as student’s reminisces worth taking a look at.

The first essay, written by Rav Unterman, describes the beauty of R’ Shimon’s analytical style, which he illustrates (p. 14) by recalling a shiur that R’ Shimon gave one Shavuos morning. The topic of the shiur was the following question of the Sha'ar haMelech: An issur cannot prohibit something which is already prohibited -- ain issur chal al issur -- except in the special circumstance that the new issur adds something not included in the existing one. If an animal died and became neveilah on Yom Kippur, the issur neveilah is not chal on the meat because all food, meat included, is already prohibited because it's Yom Kippur. The Sha’ar haMelech writes that he does not understand why this should be the case. He reasons as follows: Eating even a chatzi shiur of food is prohibited on Yom Kippur, but there is no punishment for eating less than a k’koseves hagasah. However, the issur neveilah is punishable with malkos if one eats even a k’zayis, which is less than a k’koseves. Since the issur neveilah adds the potential for punishment for eating a lesser amount, it should apply on top of and in addition to the issur achila of Yom Kippur.

How do we know adding the potential for punishment alone allows for an assur to be chal on top of another issur? From the following seemingly parallel case: if a person takes a shevua not to eat a chatzi zayis of neveilah, the shevua is chal. Even though eating a chatzi shiur of neveilah is already prohibited, there is no punishment unless a full k’zayis is eaten. Since the shevua adds the potential for punishment for eating even a chatzi shiur (for violating the shevua), it is chal on top of the existing issur neveilah.

Concludes the Sha'as haMelech: If the issur of shevua is chal on top of the issur neveilah because it adds the potential for punishment for eating even a smaller shiur, why is the issur neveilah not chal on top of the issur achila of Yom Kippur because it adds the potential for punishment for a eating even smaller shiur?

Rav Unterman writes that R’ Shimon’s solution to this question so impressed the listeners that they felt there was no question that his derech halimud was founded on indisputable truths.

So, here’s a chance to test your power of reasoning – what's the teirutz? No bekiyus required – you have all the facts you need at your disposal, and you have the additional advantage of a living a few decades after R' Shimon's derech has been perculating through the yeshiva system and has had a chance to reach our ears in one form or another of a shiur or chaburah. (I’m willing to bet that some of you who do come up with an answer will either find a Brisker way out or frame an answer similar to R’ Shimon’s in Brisker-garb because most of us have been brainwashed as Briskers, but we shall see : )

My son is has gotten enough of a feel for R’ Shimon’s derech from fielding these type questions (I usually hint to him in advance that “It’s a R’ Shimon question” or “It’s a R’ Chaim” so he develops a sense for what different types of questions/answers to expect) that the first thing he said to me was, “Let me guess – it has something to do with the “sibas ha’issur.” Those are indeed the magic words that let you into R’ Shimon’s mind. Now you just need to figure our the rest : )

I’ll bli neder post the solution at some point soon. Why knows? If this made such an impression on R' Unterman, who was a gavra rabbah himself, maybe it will inspire me and you to crack open the Sha'rei Yosher a little more often.