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Why does the Rambam (רמב"ם) classify chabura as mefarek when the Gemara (גמרא)'s logic on mitoch doesn't work? The shiur examines multiple contradictions between the Rambam's understanding of mefarek and the Gemara's reasoning. Key issues include the lack of heter letzorech kol nefesh for mefarek, the mifkad peket problem with cholev, and whether one truly 'needs' the blood in argue maris.
This shiur conducts an intensive analysis of several contradictions between the Rambam (רמב"ם)'s understanding of the melacha of mefarek and the Gemara (גמרא)'s reasoning in Kesubos 6a. The central focus is examining why the Rambam's classification creates fundamental problems with the Gemara's argumentation. The primary kashya comes from the Pnei Yeshua: if the Rambam holds that chabura is classified as mefarek (rather than netilas neshama as Rashi (רש"י) holds), then the Gemara's argument of "mitoch shehutra letzorech kol nefesh, hutra shelo letzorech kol nefesh" becomes impossible. The Gemara argues that since shechita (which involves taking blood) is permitted when necessary for preserving life, making a wound should also be permitted when not necessary. However, according to the Rambam, shechita is netilas neshama, not mefarek, so there is no precedent for mefarek being permitted letzorech kol nefesh.
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Kesubos 6a
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