[Avodah] Kinyan on Shabbas??

[Micha Berger]

On Mon, Apr 20, 2009 at 03:13:48PM -0700, Harvey Benton wrote:
: All agree that Har Sinai occurred on Shabbas (whether on 6 or 7
: of Sivan). Can one make a valid Kinyan on Shabbas as was done btwn.
: Bnei Yisrael and Hashem that day on Har Sinai???

You're speaking of accepting a gift on Shabbos because it's similar
to maqach umemkar in that there is a qinyan involved. A kind of remote
shevus.

Sukkah 41b allows accepting a 4 minim set as a gift on Yom Tov. We all do
this, a matanah al menas lehachzir -- and thus two qinyanim. Beitzah 17a
discusses giving someone flour on Yom Tov, but the Ran says the case is
only as a gift, not with a formal qinyan (eg sudar). (The SA OC 527:20
repeats the gemara, the MB holds like the Ran.) And yet the MB (306 s"q
33) says that it's assur to gift a gift on Shabbos -- no qualifiers.

Perhaps the MB holds like the Mordechai (Beitzah on pg Rif 23b, #676),
that allows receiving a gift only letzorekh mitzvah. What is good and
commonplace for the 4 minim as letzorekh mitzvah certainly can't be a
problem WRT kol hatorah kolah!

The Magein Avraham (OC 306 s"q 15) has a different limitation -- letzorekh
Shabbos. But then, accepting the Torah is arguably letzorekh Shabbos as
well. The mitzvah of Shabbos that we have today dates to Sinai, not Marah.

Which also raises the question of pre-Sinaitic observance of mitzvos in
the face of HQBH giving the navi what would at certainly be a hora'as
sha'ah even if against halakhah.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 12th day, which is
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