Tuesday, March 29, 2022

can a kohen pasken based on eidim's description of a nega?

R' Zalman Sorotzkin in Oznayim laTorah is medayek from the constant repetition of רָאָ֣ה הַכֹּהֵ֣ן in various forms throughout the parsha, even twice within the same pasuk (13:3)

וְרָאָ֣ה הַכֹּהֵ֣ן אֶת־הַנֶּ֣גַע בְּעֽוֹר־הַ֠בָּשָׂ֠ר וְשֵׂעָ֨ר בַּנֶּ֜גַע הָפַ֣ךְ׀ לָבָ֗ן וּמַרְאֵ֤ה הַנֶּ֙גַע֙ עָמֹק֙ מֵע֣וֹר בְּשָׂר֔וֹ נֶ֥גַע צָרַ֖עַת ה֑וּא וְרָאָ֥הוּ הַכֹּהֵ֖ן וְטִמֵּ֥א אֹתֽוֹ

that a kohen, even if he is relying on someone else to tell him how to pasken, has to actually see a nega with his own eyes.  

The Chazon Ish (Negaim 4:5), however, argues and holds that the kohen can rely on eidus, e.g. if an eid tells the kohen that there is a black hair in the nega, the kohen can pasken that the nega is tahor even if he never saw it himself (see also R' Ben Tzion Aba Shaul's discussion of this C.I.).

I would say that this issue depends on the chakira we raised last year whether seeing a nega is a means of birur or a din, i.e. simply a gezeiras ha'kasuv.  If it's a means of birur, then eidus should be just as good as actually seeing it, but if there is a din that requires seeing, then obviously not.

7 comments:

  1. I am wondering if this relates to R Moshe's position on "chalav hacompanies" and the idea that yedi'ah can serve as re'iyah. (Even if you hold like the Chasam Sofer that milk requires re'iyah.)

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    1. The tzad that it's a din means the gezeiras hakasuv of v'ra'ah hakohen makes actually seeing mandatory, just like by dinei nefashos even if yediah=reiya, you need actual eyewitness testimony, .

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  2. if the CI is right, The Mishna 2:3 - the first half of the Mishna that his discussion is about -
    ב,ג כוהן הסומא באחת מעיניו, או שכהה מאור עיניו--לא יראה את הנגעים, שנאמר "לכל מראה, עיני הכוהן"
    has an easy work-around: someone tell the Kohen what it looks like, and who cares that he is half-blind?
    Unless he holds "kol har'ui l'bila ein bila m'akeves..." - the Kohen needs to be able to see it with 2 eyes, but he doesn't actually need to see it himself.

    --Shasdaf

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    1. >>>someone tell the Kohen what it looks like, and who cares that he is half-blind?

      You may be right, but what you are saying is an observation, not a kashe, correct?

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    2. Why is it not a kashe? kol har'ui l'bila is a din in mitzvos. It is a chiddush that the kohen seeing the menugah is a mitzvah.

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  3. Yes, an observation.
    --shasdaf

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  4. I thought the CI was learning the Sifra kipshuto, that it's
    referring exclusively to being metaheir in that case of a saar shachor. That's how the Torah Temima learns, too, in 13:37. Certainly you need the Kohen in all other cases.

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