| Chakham Tzvi | |
| חכם צבי | |
| merged | |
| https://www.sefaria.org/Chakham_Tzvi | |
| This file contains merged sections from the following text versions: | |
| -Sefaria Responsa Anthology | |
| -https://www.sefaria.org | |
| -Sefaria Community Translation | |
| -https://www.sefaria.org | |
| Chakham Tzvi | |
| Teshuva 1 | |
| Teshuva 2 | |
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| Teshuva 4 | |
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| Teshuva 70 | |
| Teshuva 71 | |
| Teshuva 72 | |
| Teshuva 73 | |
| Teshuva 74 | |
| The following occurred: a young girl had opened the stomach of a [properly slaughtered] chicken in order to clean it out, on the edge of a table. A cat stood below, anticipating that might eat whatever would fall to the ground. Afterwards, the girl claimed that she did not find the chicken's heart. The mother of the girl said it was possible - in fact, almost certain - that the heart had been [accidentally] thrown to the ground and eaten by the cat, which was excited to eat whatever came close to it. The girl insisted that she did not give the heart to the cat. The chicken was fat, healthy, and good; there was nothing abnormal, nor was anything torn in its innards. There was no indication that its heart had shrunk or melted - nothing at all was abnormal in all of its innards. While it had been alive, it was strong, healthy, and had all the normal koach, eating and drinking, walking and flying. It had all of its normal function, was at full strength: in short, it was as healthy as all other healthy chickens. However, the girl insisted that she did not find the heart. | |
| This case came before the sages, and they deemed the chicken "treif", for the reason that it was missing its heart. We would ask of the Teacher, what is the ruling regarding this chicken? | |
| Answer: All those who claim that the chicken was treif are in error. For it is clear to all whose hearts are wise, and whose brains are sharp, that it is impossible for any animal in the world to live, for even a moment, without a heart, as if they were healthy. One cannot imagine such a situation. Rather, as soon as the heart is cut out of a creature, they have been slaughtered. And what about the possibility that there had been sickness? It is impossible to say that the heart had shrunk, or melted, without the creature having been incredibly sickly. And yet this chicken wasn't sickly or ill; on the contrary - it was fat, healthy, good, and normally functioning! The matter is clear, that the heart fell out of the opening in the stomach, and that the cat ate it. This is indeed so obvious, that it does not require proof. | |
| However, to silence the mouths of the idiots who are so eager to rule in this case, I cite the ruling of the Kessef Mishna, the Laws of Slaughter (10), who gives a reason why Maimonides did not list "missing heart" or "born without a heart": limbs which, were they to be removed, the animal could not live for even a moment, [Maimonides] did not list them. | |
| Teshuva 75 | |
| Teshuva 76 | |
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| Teshuva 166 | |
| Teshuva 167 | |
| You have asked: How should people from outside Eretz Yisrael (hutz la-aretz) who temporarily visit there practice during the three festivals, as residents of Eretz Yisrael or as residents of hutz la-aretz? | |
| Response: In my humble opinion, on matters of festivals they must practice like a resident of Eretz Yisrael. This is not in the category of “the stringencies of the locale one left” [which must be observed]. This goes without saying with regard to the blessings, prayers, and Torah reading, which are not essentially stringencies, for if one practices stringency by reciting the blessings and prayers of the festival on a day that is not a festival, he has transgressed. However, it is even permissible for them to perform melakhot (labors forbidden on Shabbat and festivals), for if all of the people from the locale they left would move here permanently, it is obvious that they would not be allowed to observe more than one day, as this would violate “you shall not add on” (bal tosif). After all, one who sleeps in the sukkah on the eighth day incurs lashes. Similarly, on Pesah and Shavu’ot, one who observes one festival day more than is commanded violates bal tosif. [The Sages] did not say that “we impose upon him the stringencies of the locale he left” except with regard to a stringency that the people from the community one left may practice in a locale that practices leniently even if they would establish permanent residence in the latter locale. However, when it comes to something that the people from the stringent locale would be forbidden to practice if they were to establish residence in the lenient locale, [the Sages] did not make their ruling about such a case. And although “they sent [a message] from there: be careful about the practices of your fathers, lest there be decrees of persecution that will be ruinous” (Beitza 4b), this ruin itself is only relevant when they are in their place, in hutz la-aretz. However, while they are in Eretz Yisrael, it does not apply. And since in Eretz Yisrael it is forbidden to add a day to the mitzva, and the people of Eretz Yisrael do not have the capability of adding a day to what the Torah states and thus be stringent, even those who come from hutz la-aretz may not practice the second festive day of Diaspora communities while they are in Eretz Yisrael, even if they are there only temporarily, since the determining factor is the locale, and it is not in the category of “stringencies of the locale he left.” | |
| I have written my humble opinion. Tzvi Ashkenazi | |