[Avodah] Some thoughts on Shemonah Perakim

[Chana Luntz]

RMB writes:

> Here's what I am (at this point) now trying to disagree about):
> 
> Other than cases of eiruvin and agunah (and maybe some 
> instances of mamzeirus), I just through of hefsed merubah (I 
> think also only in derabbanan), and perhaps other dinim of 
> which I am unaware, would R' Zevin tell the poseiq that being 
> meiqil has value in and of itself, as an expression of Beis 
> Hillel's pursuit of midas hachessed?
> 
> Of course one can't use chessed to justify mutating pesaq, 
> but it is a "pro" to weigh -- or even to hunt out -- when 
> faced with multiple justifiable answers?

I have no clue about R' Zevin but you are forgetting about a whole range of
halachic concepts which we do find throughout the literature operate to
mitigate or and in some cases overrule what might otherwise be the
straightforward psak - kavod habriyos (definitely d'rabbanans and at least
shev v'al ta'ase d'orisas, some hold d'orisas), darkei shalom, shalom bayis,
pikuach nefesh, b'shas hadchak (often the definition of a  shas hadchak is
rooted in chessed type considerations of what is possible) even lifnin
meshuras hadin somewhat - these are off the top of my head there are
probably more.  These are, to my mind, the way the midas hachessed in
encapsulated within the halacha and used to enable the weighing to take
place with the fullest consideration of all the circumstances.

> You're advocating doing so, except in cases of competing 
> litigants, as well as other cases you don't yet articulate 
> but parallel RMSS's example WRT mamzeirus.
> 
> I am saying there are a handful of cases where one would do 
> so, although hefsed merubah (even if only WRT derabbanan) is 
> a frequently occuring one.

Hefsed meruba is just one of these, it takes into account the financial
situation of the person in question, other take into account their physical
situation, their relationship to others etc.  But all have them have been
utilised in this overarching way, spanning the specifics of a given area of
halacha to deal in generalities.

> :-)BBii!
> -Micha

Shavuah tov

Chana