[Avodah] Maakeh

[Micha Berger]

On Thu, Jan 04, 2007 at 01:29:50PM -0500, Jacob Farkas wrote:
: Actually the Steipler held that the Issur Hezeq is Lo Sukhal Lehisaleim 
: (The lo sa'asei of Hashavas Aveidah)...

This is more consistant with the rishonim. The Minchas Chinukh seems to
be the only source for saying that lifnei iveir could be applied beyond
the realm of bad advice.

:                                                     the Steipler quotes 
: the MH's Sevara as a source to Biur HaGRA who held that Hezeq is an 
: Issur Torah

Why? Right after providing a different pasuq as the basis of the issur he
argues the Gra's de'Oraisa from a chiddush of the MC which runs directly
against the Sifra as quoted by Rshi (thanks RJF for confirming that).

: Digging a Bor Bereshus harabim is absolutely an Issur, the Mahloqes 
: Aharonim is wether it is an Issur Torah, or Issur Derabanan...

And, if I understand RMK's point correctly, the idiom "bor birshus
harabim" does not relate to the issur, but comes from a discussion of
paying the consequent damages. (I'm not clear on the limits of what's
called "tort law" so I'm posting this as an opportunity to be corrected.)

Gut Voch!
-mi

-- 
Micha Berger             When faced, with a decision, ask yourself,
micha at aishdas.org        "How would I decide if it were Ne'ilah now,
http://www.aishdas.org   at the closing moments of Yom Kippur?"
Fax: (270) 514-1507                            - Rav Yisrael Salanter