Our Gemara on Amud Aleph discuss the disputed principle of אפשר או אי אפשר לצמצם that is, if it is possible to discern an exact moment precisely, when it has halakhic ramifications. Such as if two calves were born at the exact same moment from the same cow, would they both become a Bechor, or must we assume that one for sure was born first, we just cannot discern which one. The difference being that if we say we are unsure, monetarily these calves are not owed to the cohen. But if they truly were born at the same moment, then both are Bechoros and belong to the cohen (see Bechoros 9a).

The Minchas Chinuch (109) asks the following: since the halakha is אי אפשר לצמצם, how is any halakha that requires a measurement to be relied upon? Whenever it gets close to the line, we should declare it unresolved. To this he answers, any time the Torah gives a shiur, a specific threshold or amount, it is a given that “the Torah was not given to ministering angels”, and therefore humanly perceived thresholds and amounts are sufficient, even when not absolutely precise. The principle of אי אפשר לצמצם applies only in a situation that doesn’t typically require a threshold or amount, but is only requiring a precise measurement due to circumstances. Such as in the case of the Bechoros born at what looks like the exact same moment. Ordinarily, the criteria of first born is met by birth; it is a rare occasion that two births will be simultaneous. Thus in that case we can declare that אי אפשר לצמצם but usually the Torah will not require assessments beyond basic human ability.

This bears similarity to the Darchei Noam principle that we have been discussing in Psychology of the Daf Yevamos 4 and 17. The Torah will not make unreasonable demands insofar as it’s generally applicable rules and principles. However, in specific individual situations, there may be difficulties that cannot be fully resolved.

 

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation cool

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