5 days fast
The רמ"א (Y.D. 123: 26) quotes a תשובת הרא"ש, "If
someone
drank Yayin Nesech בשוגג, he should fast 5 days,
because It says
5 times גפן in Chumash."
Meforshim ask on the רא"ש that there are actually
7 times* “גפן” in the Torah. Some answer
We exclude 2 which are in Mishna Torah (Devarim)
The אורח מישור argues and claims The רא"ש says
“in CHUMASH”, Mishna Torah is part of Chumash just
as much as the other four Chumashim. It doesn't make
sense to exclude the גפן from Sefer Devarim.
The ב"ח says it’s referring to the five times it says
גפן at the story of the שר המשקים. This
is also incorrect
It only says twice גפן at the
שר המשקים & Yosef.
The אורח מישור. corrects the Girsa in the ב"ח, to read except for
the 2 at the שר המשקים . They are not part of the
count.
The Chasam Sofer has a lengthy explanation why we exclude
the two times it says גפן at the .שר המשקים
(The two Gefens are referring to Yerushalayim shel Maloh
&Matoh)
The truth is that the word גפן appears eight times* in
the Torah. (in seven Pesukim) This being the case there
is
a simple way to explain the
Rosh. If we assume there was a
printing mistake instead of a ח they printed
a ה (very
common printing mistake) Perhaps we should change
from ה' פעמים to ח' פעמים
and would have to fast
8 days.
*Could be they meant seven Pesukim with Gefen
**Breishis 40: 9 - 40:10 - 49:11
3
Bamidbar 6:4 - 20:5
2
Devarim 8:8 - 32:32 (twice in same Pasuk)
3
total
8
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