Shalom,

Quoting Insights: Chulin 83

>>1) LEAVING "NOSAR" UNTIL THE MORNING

QUESTION: The Beraisa proves that Rebbi Yehudah maintains that a Hasra'as

Safek is a valid Hasra'ah from the fact that he rules that one who leaves

over the meat of the Korban Pesach until the morning is not punished with

Malkus, because the Isur is a Lav ha'Nitak l'Aseh -- there is a Mitzvas Aseh

to burn the leftover meat. RASHI (DH Ba ha'Kasuv) explains that if not for

the reason that it is a Lav ha'Nitak l'Aseh, one would have received Malkus

even though the Hasra'ah that he receives is only a Hasra'as Safek, because

at any moment after the Hasra'ah he might eat the meat and not transgress

the Isur.

Why, though, can there not be a definite Hasra'ah in such a case? When the

Hasra'ah is given at the very last moment of the night, the person has only

that moment to eat the meat and avoid transgressing, and thus the Hasra'as

is a definite Hasra'ah, for if he does not eat the meat at that moment he

certainly will transgress the Isur!

ANSWER: Even when Hasra'ah is given at a time that we think is the last

possible moment for him to start eating the meat and avoid transgressing the

Isur, he can reply that he is a fast eater and he still has time, after that

moment, to start eating and avoid transgressing the Isur. A moment later,

when we give him Hasra'ah again, he can reply that it is too late -- there

is no way for him to avoid transgressing the Isur, since he cannot finish

the meat even if he tries. Thus it is impossible for the witnesses to know

exactly when the last moment of the day is at which the Korban can be eaten

in order for them to give a proper Hasra'ah. (M. Kornfeld)<<

Why isnt it sufficient to say that bain hasmosheses is sufik yom sufik layla therefore there is an inherent sufik when the last moment of night has occured. Hence if the hatrah is given before bain hasmoshes it might still be day and if hatrah is given at tzatzs it might already be night. Similarly anytime in between. It seems no different from giving hatrah on the left gid hanasheh and then giving hatrah on the right gid hahanshe according to the view that Rebbi Yehudah was masupick which was the gid that was usser.

Thanks,

Yehudah Relis