May these words of Torah serve as a merit le’iluy nishmat Meira Chaya Nechama Berachah, a”h, bat David Mordechai, Sheyichyeh, Fishel and Menachem Mendel ben Harav Yoel David Balk, a”h.
This week we learned Chullin 17. These are some highlights.
May a person eat meat Shabbos leftovers for melave malka during the Nine Days?
Chida (Birkei Yosef, Orach Chaim 551:6) teaches that some learn from our Gemara that a person may eat meat left over from Shabbos as a melave malka meal during the days between Rosh Chodesh Av and Tisha B’Av. We have a custom not to eat meat during these Nine Days; on Shabbos, even during the Nine Days, we eat meat. Our Gemara teaches that according to Rabbi Akiva, shechting non-holy animals only started once we entered the Land of Israel. When the Jewish nation first left Egypt and was in the desert we would shecht sacrifices, but non-holy animals would be permitted through nechirah, slicing the animal from its nostrils to its chest. The Gemara asks the following question: What was the status of animal limbs that had been part of animals that had been killed through nechirah in the desert and the Jews brought them with them into the Land of Israel? Was the law that once the Jews entered the land and were required to shecht, that the animal pieces from animals that had been killed in another way became prohibited, or perhaps since these animal pieces had been permitted and they were leftovers of what was permitted they remained permitted? The Gemara does not resolve this question and we generally have a rule that when we have a question that was not resolved in rabbinic matters we are lenient, and with biblical concerns we are strict. Some suggest that the question about a melave malka with leftover meat from Shabbos during the Nine Days is similar to our Gemara’s question. Meat is not allowed during the Nine Days, yet on Shabbos it becomes permitted; the question of using leftovers for melaveh malka is the question of do we say that once something was permitted it stays permitted. Since the practice of not eating meat during the Nine Days is not a biblical law but it is merely a custom, we should be lenient and allow it. Bnei Yissaschar (Maamar Bein Hametzarim) in fact records that there were many giants who would eat on Motzei Shabbos Chazon (the Shabbos of the Nine Days) meat leftovers from Shabbos for their melave malka meal.
Rav Moshe Feinstein (Igrot Moshe, Orach Chaim Cheilek Dalet Siman 21) was asked by a person who would be careful to always eat meat during his melave malka meals if he could eat meat Shabbos leftovers for melave malka during the Nine Days. Rav Moshe ruled that he was not allowed to eat meat Shabbos leftovers. Rav Moshe writes that it has become widely accepted not to insist on eating meat during melave malka. Many great Torah giants of our times do not try to particularly have meat for melave malka. This was the norm in earlier, greater generations as well. A person who has the practice of insisting on meat during the melave malka is really not accepting upon himself that without meat it would not fulfill the mitzvah of melave malka. Just as others fulfill the mitzvah of melave malka without meat, he fulfills his mitzvah of melave malka without meat; he is insisting on meat to beautify and glorify the mitzvah. The basic mitzvah is fulfilled with bread and other snacks. Since we have the custom of not eating meat during the Nine Days, that custom should be maintained. The person never accepted upon himself a vow of always eating meat at melave malka.
Ohr Yekarot (quoted in Chida’s Shu”t Chaim Sha’al Cheilek Aleph Siman 89) explains why our Gemara might not be a proof to allow using leftover Shabbos meat for melave malka during the Nine Days. Our Gemara discusses a concept of “ho’il v’ishtari ishtari, since it was permitted, it stays permitted.” This discussion applies to matters that were prohibited, like an animal before it is killed is prohibited due to the prohibition against eiver min hachai, that became permitted. The custom of not eating meat during the Nine Days was never about Shabbos. During the Shabbos of the Nine Days there was never any prohibition against meat. Meat on Shabbos of the Nine Days is not a prohibition being permitted, it was always allowed; therefore, the concept of “ho’il v’ishtari ishtari” does not apply. (Mesivta)
By Rabbi Zev Reichman
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
