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30.7.17

הלכות חמץ ומצה ג:י''א.The Shagat Arye and Reb Chaim Soloveitchik deal with a problem in the Rambam but there is something unsatisfying about their answers. Rav Shach also deals with this question in a way that seems to wrap up the issue completely.

The Shagat Arye and Reb Chaim Soloveitchik deal with a problem in the Rambam but there is something unsatisfying about their answers. Rav Shach also deals with this question in  a way that seems to wrap up the issue completely.
The basic question is simple. Why does the Rambam say there are lashes for owning chametz on Pesach against an open Gemara in Pesachim page 95. בל אראה ובלימצא הם לאו הניתק לעשה. {No lashes because owning chametz has a correction--getting rid of it.}

The basic answer Rav Shach gives is this. We have an argument between the sages and R.Yehuda about תשביתו ["you must get rid of all leavened bread']. To R. Yehuda that is by burning. To the sages it is in any way. Rashi says the argument is only before the time the leaven is forbidden and Tosphot says after the time.
So the Gemara on page 95 to Rashi can only be to the sages and to Tosphot it is both to the sages and R Yehuda.
The Rambam says תשביתו starts before the time of the prohibition הלכות חמץ ומצה ג:י''א.
So the correction starts before the time of the prohibition so the prohibition is not a לאו הניתק לעשה to the sages but it is to R. Yehuda if you go by Tosphot. Simple. So the Gemara on page 95  is going like R.Yehuda. which is not the halacha.

It could not be more simple. But the Shagat Arye and Reb Chaim gives answers why there are lashes to the Rambam which would work perfectly well on page 95 to be giving lashes. Reb Chaim says בל יראה is a positive and a negative command. Besides the question from where he would get this, if it would be true then on page 95 why is it considered a לאו הניתק לעשה?
The Shagat Arye answers it is two לאווין which is perfectly true but then again the same question arises. Why would that no be so also on page 95