Tosfos says he's not sure what kuntres means when kuntres says that the mourner finds out on his trip.
(a) First of all, why does Tos. repeat kdpeirush b'kuntres when he just mentioned him.
(b) Also, I don't understand fully the second tzad, and what v'zeh aino kushya means: whether it's a continuation of the second tzad or a new implied question.
(c) Also, Tos's second possibility implies that it's muttar to leave l'chatchila, so why would the gemara choose a case where he's already on the road. It should say the bigger chiddush of when the mourner is about to leave!
Basically, I don't really understand the second half of Tos. Please explain. Thanks!
Yehuda Salamon, Silver Spring, Maryland, USA
Dear Yehuda,
Hello there and thanks for your questions.
1. Tosfos is trying to understand why Rashi limited it to this case of where he was already traveling. Does this permit him to sell, as opposed to other cases, or does this permit him travel as opposed to other cases.
2. Tosfos then says that with regard to traveling he would be permitted to do so in this case, even had he not been caught already on the road.
3. Tosfos counters this by saying perhaps leaving his house l'Chatchilah is only in the case of Davar ha'Aved, and in our case, since he left already, he may continue his travels despite it not being a Davar ha'Aved.
Kol Tuv.
Y. Landy