[Avodah] What is a Chumrah?

[Micha Berger]

On the old avodah perennial, what is a chumerah...

The subject comes up in the Y-mi, Pei'ah 6:1, 29a vilna (today's daf,
FWIW). The gemara asks why the din being discussed isn't in the list in
Edios of places where Beis Shammai is more meiqil than Beis Hillel.

So, here are some criteria for "what is a chumerah" as best the Y-mi
can reconstruct Rebbe's criteria:

- It must be a chumerah for everyone involved. A chumerah for one party
  that is a qulah for the other wouldn't make the list.

  Beis Shammai allow an arusah to buy and sell nechashim that fall to
  her while an arusah. Beis Hillel don't.

- Beis Shammai say that a person can make something hefqer only for
  aniyim. Beis Hillel say that hefqer is only when the rich can claim
  it too.

  However, in this case it IS on the list, because the baal's "chumerah"
  isn't real. Yes, the owner loses property according to Beis Shammai,
  but since he is intending to, it isn't a real chumerah. Therefore Beis
  Shammai are meiqilim on the aniyim, BH are machmirim, and it's listed
  in Edios.

IMHO, this justifies the intuitive notion of chumerah, that the halakhah
is pushing someone to do something they otherwise wouldn't (or not do
something they otherwise would). The baal isn't being pushed by beis
Shammai, so the previous rule is NOT in play.

Tir'u baTov!
-Micha

-- 
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