In Kidushin 56b (8 lines from bottom) the Gemara asks - Vehashta...(now that we learned the issur achila and hannah from "lo yeachel" what do we do with "baal hashor naki")
I didnt understand the gemara's question, because a few learns earlier, the gemara said that we can't use R' Abuhu's limud of issur achila and hannah here because the issur achila is not learned here from "lo yeachel" rather from the fact that the shor haniskal is a nevela and a nevala is assur to eat. So what's the gemara's question "vehashta denafka lan..."??
Ben Thalheim, Cedarhurst, NY USA
Dear Ben,
Earlier, the Gemara meant as follows: Lo Ye'achel cannot be used here ONLY for Isur Hana'ah because then why use the word Ye'achel - which includes also eating - when eating is already known from Sakol Yisakel. It must be that the word is telling you a different case which needs Ye'achel to forbid eating. The Gemara therefore says that it comes to tell you that even after Shechitah it is forbidden to eat. Now, once that is known, there is no reason why not to apply the regular rule that Ye'achel means both eating and Hana'ah - in the case we just derived of after Shechitah and once that is true, then Kol Sheken that it is forbidden for Hana'ah after stoning. So Naki is not needed! See Rashi Baba Kama 41a veHashta.
All the best,
Reuven Weiner