[Avodah] ethic outside of halacha

Zev Sero zev at sero.name
Sat Jun 5 20:52:52 PDT 2010


Eli Turkel wrote:
> In a recent daf yomi Rambam says that for Ir Hanidachat that the women
> and children are also killed. Yad Ramah asks on Rambam that why should
> the women be killed if they didnt sin and for children even if they
> sinned they are minors.  Ramah concludes that G-d would not do any evil
> (ve-chalila la-kel mi-resha)

1. RMH doesn't ask anything about the women.

2. His argument about the children is *not* based on a mere feeling,
but on halachic principles, i.e. that R Eliezer is a Shamuti, so one
ought to pasken like R Akiva against him, that just as in the case
of Ben Sorer Umoreh we exclude a katan because of a general principle
that a katan is never punished, so too in this case we should apply the
same principle, and that even R Eliezer only meant those children who
were bnei daas and sinned.   "Chalila laKel miresha" is an expression
he uses, but it doesn't form the basis of his opinion.

3. Who says the halacha follows him?  It seems to me that he's very
much a daas yachid.


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



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