More Discussions for this daf
1. Kesuvas Anusah 2. Sfek Sfeika she'Einah Mis'hapech 3. "Rov" being applied to time
4. Aimas ha'Melech 5. Safek Safek l'Chatzi Mamon 6. Conditional Gittin
7. Sotah 8. Why was David permitted 9. אשה נאמנת לטעון שפתחה פתוח באופן המותר
10. קינוי וסתירה 11. פתח פתוח וטענת דמים
DAF DISCUSSIONS - KESUVOS 9

n n asks:

Could the Rav clarify what is a "Sfek Sfeika she'Einah Mis'hapech"? On

https://www.dafyomi.co.il/shabbos/insites/sh-dt-151.htm it states:

>>The Beraisa continues and says that where there is a non-Jewish figure of authority, there is a new point of uncertainty -- perhaps the bath was heated after Shabbos. Consequently, there are two doubts: perhaps it was heated after Shabbos, and even if it was heated on Shabbos, perhaps it was heated for the Nochri.

This answers both of our questions. Even Rav permits one to benefit from the Nochri's Melachah immediately after Shabbos in such a situation, since it is a Sfek Sfeika. (This is known as a "Sfek Sfeika she'Einah Mis'hapech.") Rashi emphasizes that the figure of authority is a Nochri in order to provide the second Safek.<<

It seems to me that the sfek sfeika in "forward" direction is as above: perhaps it was heated after Shabbos, and even if it was heated on Shabbos, perhaps it was heated for the Nochri. In "reverse" direction, maybe it was heated for the Nochri, and even if it was heated for a Jew, maybe it was heated after Shabbos. I don't see where that "reverse" direction is logically impossible "eina mis'hapech".

Thank you.

n n, Monsey USA

The Kollel replies:

Hi,

you are asking a great question, since the usual case of Sfek Sfaika she'Aino Mishapech is usually clear cut, since the second phase can only happen after the first. This idea is true regarding the small bath house case, but one point needs to be made.

The dilemma if the water was heated on Shabbas for a Jew or a gentile, is all one package. There is no relevance to the question if the water was heaten for a Jew or a gentile on any other weekday. The first Safek is, whether the water was heated on Shabbas or right after Shabbas since in a small bath it is a realistic option, and the second Safek is, even if the water was actually heaten on Shabbas, was it heaten for a Jew ON SHABBAS, or was it heaten for a Nochri ON SHABBAS. You cannot separate and say that we have a Safek whether the water was heated for a Jew or a Nochri regardless what day the heating accured, since there is zero relevance on Monday for who the water is heated for. So, if we start from the second dilemma, was the water heated for a Jew on Shabbas, or a gentile on Shabbas, we cannot build the second dilemma, whether the water was heated after Shabbas by the servants, since both sides of the first dilemma are scenarios of heating on Shabbas.

Best Regards,

Aharon Steiner