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Shabbos 110

110b

QUESTION: The Gemara asks that drinking "Kos Ikrin," even for medicinal purposes, should be forbidden because it causes sterility, and causing sterility ("Sirus") is forbidden by the Torah.

Why should it be forbidden when a person drinks it for healing? Since he intends to heal himself and not to make himself sterile, it is a Davar sh'Ein Miskaven, which should be permissible.

ANSWERS:

(a) TOSFOS (DH Talmud Lomar) cites the SH'EILTOS who writes that the Gemara is only asking that it should be forbidden according to Rebbi Yehudah, who maintains that Davar sh'Ein Miskaven is forbidden. But if this is true, then l'Halachah it should be permitted to drink Kos Ikrin because we rule like Rebbi Shimon, who maintains that Davar sh'Ein Miskaven is permitted! The Sh'eiltos answers that we rule like Rebbi Shimon only with regard to Shabbos; in all other areas of Halachah, though, we rule like Rebbi Yehudah.

(b) TOSFOS (ibid.) cites the RI who argues with the Sh'eiltos and says that even according to Rebbi Shimon, drinking Kos Ikrin should be forbidden, because it is a "Pesik Reshei."

(c) The ROSH (14:9) adds that this type of Pesik Reshei is forbidden even according to the opinion which maintains that a "Pesik Reshei" that one does not want ("d'Lo Neicha Lei") is permitted on Shabbos (the Aruch, cited in Tosfos, 103a, DH Lo Tzerichah). Such a "Pesik Reshei" is permitted only with regards to the laws of Shabbos, when the additional exemption of "Meleches Machsheves" applies. In all other areas of Halachah, Meleches Machsheves does not apply and therefore a "Pesik Reshei" that one does not want will be forbidden.