H KOPPEL asked:

why does the gemorra not give an answer of Basar Rov. Most goyim do not have a relationship with an animal and most animals do not have a relationsip with goyim. So we could say that the majority of animals are ok.

do you think I will get an answer from my question in Macas?


The Kollel replies:

It is not clear that Rov Nochrim are not suspected of Revi'ah. And even if it was only common practice (perpetrated by a sizable minority), that would be sufficient reason for the Chachamim to issue a Gezeirah. The point you are making seems to be the argument of Ravina on Daf 23a, who permits purchasing from them b'Di'eved. The Ritva explains that this is because we establish the animal with its Chazakah, presumably because the majority of animals have not been raped. The other Amora'im, however, disagree with Ravina. Moreover, Ravina's explanation is refuted. In any case, Tosfos learns differently from the Ritva. According to the conclusion, everyone agrees that if the Rabanan did make a decree, then the decree applies even b'Di'eved, since the Rabbanan generally do not differentiate between l'Chatchilah and b'Di'eved in their decrees. According to the opinion of Rebbi Pedas there (which Tosfos maintains is the Halachah), it is only Rebbi Eliezer who maintains that Nochrim rape their own animals. The Chachamim maintain that they do not rape their animals, not because of a majority, but because ot the logic that "a Nochri has pity on his own animal," in which case there is not even a sizable minority that is guilty of this sin.

Finally, Tosfos (ibid.) explains that even where Ravina and Rebbi Pedas are stringent (Ravina l'Chatchilah, and Rebbi Pedas according to Rebbi Eliezer), this is only with regard to purchasing an animal for a Korban; it does not apply to Chulin (because "Nochri Chas al Behemto...").

I assume that you are my old family friend, Herbert Koppel. It is lovely to hear from you.

Wishing you and yours all the best,

Eliezer Chrysler