Hello!
I am listening to a shiur in yevamos which mentions the argument r yosi and r shimon about ain issur chal al issur. There's interesting lomdus about whether the second issur is just eliminated or held in suspension while the first applies.
The question I have is thinking back to makkot 22 and the person getting 8 aveiros for plowing one furrow. Aren't at least some of these suspended for "ain issur chal al issur" especially Bc they're from the same action (eg no one says that if you're eating treif while you kill someone you're patur Bc "ain issur chal")? Does the tana there not hold "ain issur chal al issur"?
Thank you!
Josh
1) The Rambam, in Perush Hamishnayot Makkot 21b, writes that Ein Isur Chal Al Issur does not apply to the person plowing and transgressing 8 lavin, because there the prohibitions all apply simultaneously. Ein Isur Chal Al isur only applies when the prohbitions take place one after the other; not when they all happen together.
2) The problem is that both Shevi'it and Yomtov are counted in the Mishnah as prohibitions that the plower receives Malkut for. But Yomtov only occurs on Sukot, which is 2 weeks after the 7th Sabbatical year starts, so why do we not say that the isur of Yomtov is chal on the isur of Shevi'it that has already started?! Sha'agat Aryeh #60 DH M"M answers that the Yomtov referred to in the Mishnah is Rosh Hashanah. He writes that Rosh Hashanah is also called Yomtov.
3) I once asked Rav Yosef Shalom Elyashiv zt'l, should one drink a revi'it of wine of wine on Rosh Hashanah? He answered that we do not pasken like the Sha'agat Aryeh on this point and Rosh Hashanah is not called a Yomtov. So, even though Rav Elyashiv said that one should drink a revi'it every day of Chol Hamoed (see Collected Teshuvot of Rav Elyashiv 1:57 pages 84-5) on Rosh Hashanah there is no chiyuv.
[I do not know how Rav Elyashiv answered the question of the Sha'agat Aryeh on the Mishnah, but there are a few other approaches in the Achronim]
KOL TUV
Dovid Bloom