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3.1.21

tractate Eruvin page 37

 There seems to be some kind of doubt about what "no choice" אין ברירה means. Does that means what one will choose in the future does not reveal now what he  chooses. Or does it even mean  even right now, what one chooses does not reveal what one has chosen. 

This comes up in tractate Eruvin page 37. Rava said the reason R. Shimon said, "the statement: 'the two portions [lugin] I will choose are truma' does not help," is not because there is no choice, but because it says ראשית (the first) meaning that the left offers have to be apparent.שייריה ניכרין."

The Gemara asks on Rava, "What about the mishna where R Shimon said: "When one says, 'the truma and maasar of this stack are in it,' is considered to have called the name and place of the truma and maasar and so it is valid." The Gemara answers its own question and says there there is an area surrounding the truma and maasar and so it is considered that the left over parts are apparent.

 Tosphot asks the the same question would apply even if the reason of R Shimon in the first statement would have been because of "no choice". [So the question of the Gemara should not have been on Rava, but on R Shimon himself no matter what the reason for the first statement of R Shimon would be.]

Rav Shach asks on this question of Tosphot the the difference ought to be based on the idea that "no choice" usually refers to the future [i.e. what ones will choose in the future is considered as if he choose it now. The second statement  of R Shimon refers to a case where he says he is setting the truma and maasar right now-but it will not be revealed where there are until he actually picks them out.