[Avodah] Pinui kevarim

[Ben Waxman]

What Rav Anselm wrote in his psak is that in a situation where there is a
tzorech harabbim, and if that need is not met then the tzorech will become a
hezek harabbim, and since at most we are talking about a safek derabbanan,
then moving the graves is permitted.

Ben

----- Original Message ----- 
From: "Micha Berger" <micha at aishdas.org>
>
> : "Tzorech harabbim" is not the issue.  The issue is "hezek harabbim",
> : and in the case of an existing shul the hezek is there, while in the
> : case of a *non*-existing ER it is not.   If this were merely a
> : proposed shul, or even a proposed expansion of an existing shul, you
> : have no basis for assuming it would be permitted.
>
> To me it seem that this is the keystone to RZS's position. R' Rosen says
> that RAE and the Nesivos apparently identify the two. But hitting the
> Bar Ilan Shu"t system was in sufficient for me to identify any such
> meqoros. (Searched for "qever" and "haqever" in the Nesivos, RAE on the
> SA, and shu"t RAE.)