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What is Issur Kolel in the context of "AIN ISSUR CHAL AL ISSUR" I heard two people talking about the concept please illustrarte with example and explain the illustration of the example?


Edit by YDK:

Example: A diseased animal (treifah) is forbidden to eat, even if properly slaughtered. If the slaughter is done improperly (nevela), this would normally create a 2nd issur when eaten. The rule of ain issur chal al issur would block the 2nd issur from setting since a previous issur exists with similar characteristics.

This block does not exist when the 2nd issur is "more forbidden" than the first. If the 2nd issur would be a mixture between the treifah and milk, the milk & meat issur would take effect since the 2nd issur also forbids benefit, whereas treifah did not (Issur mosif).

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I do not think it is possible to un-slang this question but if someone feels they can please do? –  Chalutzhanal Sep 7 '11 at 23:11
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can you bring a source for this idea? –  Menachem Sep 8 '11 at 1:32
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Please add context. Where is this question coming from? –  Isaac Moses Sep 8 '11 at 2:05
    
I dont have context it is part of the reason I ask the question –  Chalutzhanal Sep 8 '11 at 4:30
    
Does this question have anything to do with "a kolel"? –  avi Sep 8 '11 at 11:53

2 Answers 2

up vote 2 down vote accepted

In general, once something is prohibited, it cannot become prohibited again; that is, no one thing cannot be prohibited for two reasons, rather the first prohibition governs. In practice, this means, inter alia, that a transgressor is only punished for violating the first prohibition, not the second.

There are a few exceptions to this basic rule, two of which are Issur Kolel and Issur Mosef.

Issur Kolel means that the second prohibition includes other things which are not yet prohibited. For example, when Yom Kippur begins, all food in the world becomes prohibited. Therefore, food that was already prohibited before Yom Kippur, such as pork, become prohibited again, along with all kosher food.

Issur Mosef means that the second prohibition includes more people than the first one did. For example, you are prohibited from marrying your sister. When she gets married to someone, she becomes prohibited to you again, along with everyone else to whom she was previously permitted.

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I think your second example is also issur kolel. Issur mosif is usually when there is a stronger punishment. –  Double AA Mar 23 '12 at 3:33
    
No, in the literature that is referred to as Issur Chamur. However, occasionally the terminology is interchanged. –  Barry Mar 26 '12 at 21:30
    
Call it what you want, both Yom Kippur and Sister are taking things that weren't prohibited and making them prohibited thereby including things which had been previously prohibited. Your two cases are examples of the same thing! –  Double AA Mar 26 '12 at 21:35
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Not so. In the Y"K case, other items become prohibited, but the population to which they are prohibited remains the same. In the sister case, the same "item" is prohibited, just to more people. –  Barry Mar 27 '12 at 20:57

See @tom smith's issur mosif where a kohen gadol gets a 2nd issur when he lives with a widow/divorcee. Since the application of the issur expanded (from prohibited to a kohen gadol to prohibited to all kohanim), the 2nd issur can be applied.

Issur kolel is similar, except that while the source of the issur remains the same, the circumstances change to include the 2nd issur. For example, a kohen who lives with a widow/divorcee transgresses 1 issur. If he becomes a kohen gadol, although there was no change in the status of the issur's source- she was always a widow/divorcee - the subjects status changed to include the new issur.

The difference is: Does the issur itself expand, or do the circumstances cause an new inclusion.

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