Rav Shach brings in Laws of Acquisition a debate between almost all other Rishonim against the Rambam. The issue is תופס אחר שנולד הספק אם מוציאים מידו.
The Gemara this is based on is Bava Metzia 6b.
Rav Hanania said to Raba there is a outside teaching [a teaching that is legitimate, but not part of the Mishna] הספיקות נכנסים לדיר להתעשר [doubtful animals go into the barn to be counted for maasar the tithe of animals.]
That is to say, if you have an ass that has given birth. If it is the first born, you take a sheep and redeem it, and give the sheep to a priest. But if you do not know if your ass has given birth before. So it is a doubt. But you redeem it anyway. And the sheep now is counted as regular property of the Israeli. [So it counts when you need to take every tenth animal and give as tithe.]
The gemara asks what happens if a priest grabs a doubtful case of a regular sheep that has given birth and there also you do not know if it has given birth before. It is forbidden to use as if we knew it is holy. So you learn that if priest grabs it you do not take it away.
But Raba disagrees. And that is where Rav Hanania comes in.
Most Rishonim understand that Rav Hanaia is bringing a proof that if one grabs something of value after there has already been known that the case is a doubt, then you take it away.
Rav Shach however says it is possible to understand that Gemara as supporting the idea that the fact of the animal being forbidden to use is not because the priest has a hand in it. For even if the law would be that you take it away of the priest it, still it would be holy because it is holiness that comes by itself. And that is the case Rav Hanania is coming to support.
The Gemara this is based on is Bava Metzia 6b.
Rav Hanania said to Raba there is a outside teaching [a teaching that is legitimate, but not part of the Mishna] הספיקות נכנסים לדיר להתעשר [doubtful animals go into the barn to be counted for maasar the tithe of animals.]
That is to say, if you have an ass that has given birth. If it is the first born, you take a sheep and redeem it, and give the sheep to a priest. But if you do not know if your ass has given birth before. So it is a doubt. But you redeem it anyway. And the sheep now is counted as regular property of the Israeli. [So it counts when you need to take every tenth animal and give as tithe.]
The gemara asks what happens if a priest grabs a doubtful case of a regular sheep that has given birth and there also you do not know if it has given birth before. It is forbidden to use as if we knew it is holy. So you learn that if priest grabs it you do not take it away.
But Raba disagrees. And that is where Rav Hanania comes in.
Most Rishonim understand that Rav Hanaia is bringing a proof that if one grabs something of value after there has already been known that the case is a doubt, then you take it away.
Rav Shach however says it is possible to understand that Gemara as supporting the idea that the fact of the animal being forbidden to use is not because the priest has a hand in it. For even if the law would be that you take it away of the priest it, still it would be holy because it is holiness that comes by itself. And that is the case Rav Hanania is coming to support.
