[Avodah] everyone is a liar

Zev Sero zev at sero.name
Mon May 24 06:30:34 PDT 2010


Eli Turkel wrote:
>>> Nope.   The term "tzorchei rabbim" doesn't appear there even once.
>>> You are making up halachos out of thin air and attributing them to the
>>> Shulchan Aruch.

> The Talmud allows for reinterment when the grave causes public damage
> (Sanhedrin 47a),

47b, actually.

> such as when it is found next to a public road (YD 364:5).

And yet you claimed that this se'if permitted moving a grave for
"tzorchei rabim". Now you quote it saying something quite different.
Surely you are not expecting anyone to accept that "mazik et harabim" and
"tzorchei rabim" are in some way synonymous, or even remotely similar!
There is no honest way to get from one to the other. If a road is built,
and then a grave is found on or near it, so that it is now damaging the
public it may be moved; how does that apply to a grave that is sitting
quietly by itself, minding its own business, until the public proposes
to put a road over it? How can you possibly imagine that this law allows
the public to move the grave and build the road?

On the contrary, I can prove that it is not so: if such a thing were
permitted, then why doesn't the gemara (and ultimately the SA) say so,
and we would know kal vachomer that if the road was already built the
grave may be moved? Why does it choose to speak of a grave that was found
after the road was long-established, instead of straightforwardly stating
"mefanin et hakever la'asot derech larabim"? And why even bring up the
concept of "nezek"?

-- 
Zev Sero
zev at sero.name




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