(a) Rav-clear or muddy, both equal tahor
Shmuel-clear or muddy, both tamei
Do we rule like Rav, as tumah is of a prohibitory nature? Or like Shmuel, as a redemption question is a monetary matter?
(b) While I would like to know which way we rule, I would most like to know how we choose whether it was prohibitory or monetary?
Barry Epstein, Dallas, USA
(a) The Rambam (Isurei Bi'ah 10:4) rules like Rav. The Magid Mishnah (ibid.) states that the Rambam ruled like Rav because we rule like Rav in matters of Isur. However, he quotes the Rashba and Ramban as being stringent and ruling like Shmuel. Their reasoning is not that they consider this a monetary issue, but rather that the Gemara tells us that Shmuel followed his ruling l'Ma'aseh, in practice in a real-life situation. The principle of "Ma'aseh Rav" (i.e. we follow rulings that the Gemara puts into practice in real-life), overrules the principle that we rule like Rav regarding Isurim.
(b) I think that the rule of thumb for choosing whether something is considered a monetary or prohibitory issue is that we must focus on the immediate question that was discussed in the Gemara, without looking at the question's ramifications. In the case of our Gemara, the question is clearly one of Isur (which is why the ruling given is Chosheshes or Einah Chosheshes).
All the best,
Yaakov Montrose