Jeff asks:
How does Tosfas fit in the words of the gemara shev val tasaeh shayni. If he says the distinction of the case has nothing to do with kum vasay or shev val tasheh?
Jeff, Woodmere, USA
The Kollel replies:
Shalom Rav,
Both Rashi and Tosfos explain that the Gemara's answer, "Shev v'Al Ta'aseh Sha'ani," pertains to the final cases in the Beraisa of Pesach and Milah, which are both cases of "Shev v'Al Ta'aseh." The problem is with the earlier cases (cited by Rashi, although not dealt with by the Sugya here): Nazir, Nazir and Kohen, and Nazir and Kohen Gadol, for whom Tum'ah is overridden by the Kavod ha'Beriyos of Mes Mitzvah, even though it is a "Kum va'Aseh." What Rashi and Tosfos are arguing about is why that should be.
B'Virchas Kol Tuv,
Eliezer Chrysler