hatam_soferet: (Default)
( Nov. 22nd, 2003 08:13 pm)
Kiddushin 41b - terumah and gerushin aren't comparable cases, because of kodesh and chol, so we can't learn one from the other.

Kiddushin 43a - same sugiya, meilah and shlichut yad are comparable cases, so we can apply Shnei ketuvim.

Question not addressed by gemara or rishonim - why are they comparable? meilah is kodesh, shlichut yad is chol?

thought: refer to the mishna in 2:8, where R Meir thinks that if you use hekdesh b'meizid it becomes chol (or m'challul) and b'shogeg it stays kadosh, R Yehudah thinks that if you use hekdesh b'shogeg it becomes chol and b'meizid it stays kadosh - perhaps the gemara is taking that line on board, and saying implicitly that meilah is dealing with chol. How Brisker is that? yay.
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