[Avodah] Hypocrisy in halakhah

[Micha Berger]

On Tue, Nov 04, 2008 at 01:26:30PM +0000, kennethgmiller at juno.com wrote:
: So, theoretically, if we see someone in a sakanah on Shabbos,
: doing a melacha to rescue him is *not* among the basic duties which
: we owe to people in general, but is only something which we'd do for a
: brother. In practice, of course, we *would* rescue even a non-brother,
: but only to insure that he'd rescue us if the situation were reversed,
: *not* because it is a "basic duty". Is that what you're saying?

See <http://www.aishdas.org/student/shabbat.htm>

Shabbos is entirely different. Shabbos is ke'ein kol haTorah kulah, and
therefor should be yeihareig ve'al yaavor. The only override is "chalel
alav Shabbos achas kedei sheyishmor Shabasos harbei" (Yuma 85b). (Or
even, sheyishmor 2 more minutes of Shabbos.) It's not yehudi vs nachri,
it's shomer Shabbasos vs non. See the Peri Megadim OC MZ 328:6 about
mechalelei Shabbos.

Gezeilas aku"m is more telling. The very fact that there can be a
machloqes about whether it's deOraisa or whether only actual aku"m
are excluded or all nachriim shows an assymetry in halachic treatment.
A given pesaq that shows more equality doesn't disprove the fact that
it's not simply taken for granted.

Back in http://www.aishdas.org/avodah/vol04/v04n347.shtml#11 (check out
the whole discussion, we had some well-informed posts there) RMDrarch
points to the Yam shel Shelomo (BK ch 10 # 20) that the spelled out laws
of bein adam lachaveiro are like the mitzvos bein adam laMaqom that are
particular to Yehudim -- they relate specifically to the beris. Gezeilah
is about an orderly society of benei beris. (RMM's head is probably
nodding in the background so vehemently, the chevrah in EY can probably
hear it.<g>) However, the YsS says gezeilas aku"m is no less assur,
just that it's not gezeilah.

If it's derabbanan, it is because they codified the consequence of a
fuzzy (vehalakhta bidrakhav) deOraisa.

Tir'u baTov!
-Micha

-- 
Micha Berger             Man is equipped with such far-reaching vision,
micha at aishdas.org        yet the smallest coin can obstruct his view.
http://www.aishdas.org                         - Rav Yisrael Salanter
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