Gitin Chart #6
Chart for Gitin Daf 53a
THE KULOS AND CHUMROS INHERENT IN EACH
OF THE CASES OF "HEZEK SHE'EINO NIKAR"
|1||WHY THIS FORM OF HEZEK IS MORE FITTING TO ENGENDER A PENALTY THAN THE OTHERS||This involves an Isur (1) (for he causes Chulin or Terumah to become Tamei)||This happens frequently||This act of Hezek causes a total loss to the owner (2)|
|2||WHY THIS FORM OF HEZEK IS LESS FITTING TO ENGENDER A PENALTY THAN THE OTHERS||---||This involves only a minor loss (3)||"Kim Lei b'd'Rabah Minei" (4)|
Chart for Gitin Daf 53b
IS IT PERMITTED OR PROHIBITED TO EAT FOOD THAT WAS COOKED ON SHABBOS, EITHER INADVERTENTLY OR ON PURPOSE? (5)
|MOTZA'EI SHABBOS (6)|
|3||MEZID||Mutar||For him : Asur
For others: Mutar
|4||SHOGEG||Mutar||Mutar||For him : Asur
For others: Mutar
(1) One who does an act of Menasech also transgresses an Isur, obviously. However, the Isur that he transgresses in the case of Menasech is not that he has caused the loss of the wine, but rather that he has served Avodah Zarah. Therefore, this is reason to penalize him for the loss of the wine.
(2) In contrast, one who is Metamei someone else's items does not cause a total loss to the owner, because even if he causes Terumah to become Tamei, it can still be fed to animals or burned as fuel.
(3) The loss to the owner of the Chulin is minor when Terumah is mixed with his Chulin, because the owner can always sell it to Kohanim for the price of Terumah.
(4) In actuality, one who is Menasech is obligated to pay for the damage done and we do not exempt him because of "Kim Lei..." (according to Rav who maintains that we may derive one penalty from another), because the Menasech did not earn the death penalty until after he had become responsible to replace the wine. At the time that he lifts up the wine, he becomes obligated to return it to the owner, but he does not earn the death penalty for his act of Avodah Zarah until he actually pours the wine before the idol.
(5) This summary is based on the words of Tosfos in our Sugya (and it does not represent the view of all of the Rishonim). Wherever we do not differentiate between the person who cooked on Shabbos and others, their Halachah is the same.
(6) Wherever it is permitted to eat the food on Motza'i Shabbos, it is only permitted after enough time has passed that it would have been possible to prepare the food after Shabbos ("Kedei she'Ya'asu"), RASHI.