Michoel Reach asks:

Whenever the mishnah mentions zerikah taking off me'ilah, Tosefos says that the simple reading is if you hold, heiter achilah shaninu. But if you hold heiter zerikah shaninu, you have to read it like this (zerikah means, rauy l'zerikah). And if you hold heiter shechitah shaninu, you read it like this...

I'm confused. Both these mishnayos, on 6b and 8a, say that a second thing happens with zerikah: The dinim of pigul, nosar, and tamei. Are those things part of the machlokes as well? Surely everyone agrees that those only happen with the actual zerikah? If so, everyone else needs to read the mishnah in a very difficult way, l'tzedadim.

Why doesn't the gemara bring these mishnayos as evidence that heiter achilah shaninu?

Michoel Reach, Baltimore USA

The Kollel replies:

1) Rashi on 6b, on the Mishnah, explains that the Machlokes between Rebbi Eliezer and Rebbi Akiva concerning Pigul, Nosar, and Tamei is that Rebbi Eliezer maintains that Pigul, Nosar, and Tamei can apply only after a valid Zerikah. Therefore, if the meat was not inside at the time of Zerikah, there is no Chiyuv of Pigul, Nosar, and Tamei. However, Rebbi Akiva maintains that even if the meat was not inside, the Zerikah can also create a Chiyuv for Pigul, Nosar, and Tamei in the same way that a valid Zerikah creates these Chiyuvim.

So both Rebbi Eliezer and Rebbi Akiva maintain that Zerikah is required in order to create Pigul, Nosar, and Tamei, but the difference is that Rebbi Eliezer says that it must be a valid Zerikah, while in Rebbi Akiva's opinion even a Zerikah made at the time that the meat is outside creates these Chiyuvim.

2) The Gemara does not prove from these Mishnayos that Heter Achilah Shaninu, but it seems that the Rishonim do. The Rambam (Hilchos Me'ilah 2:2 and 3:1) rules like Rebbi Yochanan that Heter Achilah Shaninu. The Chafetz Chayim, in Likutei Halachos (his Sefer on Me'ilah), 5a, in Zevach Todah DH v'Halachah, writes that the Rambam does this because the thrust of the Sugyos always seems to be that there is Me'ilah on Kodshei Kodashim until after Zerikah, when the meat becomes permitted to eat. The Chafetz Chayim writes that Tosfos also noticed this. Tosfos explains that it is possible to understand the Mishnah according to Heter Zerikah Shaninu, but nevertheless the simple reading of the Mishnah is not like this; but rather that Heter Achilah Shaninu.

Kol Tuv,

Dovid Bloom