[Avodah] NoSmokers for my Daughter

[Zev Sero]

Micha Berger wrote:
> On Fri, May 07, 2010 at 02:10:10PM -0400, Zev Sero wrote:
> : >: This claim is also far from proven, and hamotzi mechavero alav
> : >: hara'ayah. 
> 
> : >In dinei mamunus, not safeiq piqu'ach nefesh!
> 
> : Really?  Where do you get that?
> 
> Ein holchin bepiquach nefesh achar harov.
> Never mind requiring a ra'ayah -- we are chosheshim for miutim!

Again, what does that have to do with hamotzi mechavero?

 
> In any case, "hamotzi meichaveiro" presumes CM, with someone "taking
> from his peer".

Not true.  It's a basic rule of logic that applies to *all* disputes.
The burden of proof is always on the one who makes demands of others.
In criminal law we know it as the presumption of innocence; if you
claim that someone should be penalised, restrained, enjoined, condemned,
have property removed from his possession, or in any way do something
he doesn't want to or stop doing something he wants to, you have to
prove your case; he *never* has to prove the negative.

-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher