[Avodah] Halachic who is right from "The Lost Scotch"
Meir Shinnar
chidekel at gmail.com
Mon Mar 19 11:45:46 PDT 2007
RMSS
Therefore, when the real Chaim ben Zundel showed up Yehoshua
> and Davidi were equally surprised, sufficient grounds to exonerate
> Yehoshua
> from paying. "
>
> He bases this, amongst other places, on the Mechaber CM 334:1 "Hasocher es
> hapoel l'hoshkos hasoteh mizeh hanahar, v'posek hanahar b'chatzi hayom, im
> ein darko l'hafsek, oh afilu sh'darko lifsok v'hapoel yodeih derech
> hanahar,
> p'seitah d'poel v'ein ba'al habayis (BH"B) nosein lo klum, af al pi sh'gam
> BH"B yodeih derech hanahar, avol im ein hapoel yodeih derech v'BH"B
> yodeih,
> nosein lo s'choro k'poel boteil. HAGA - v'chein b'chol oneis sh'aru
> l'poel,
> ben sh'shneiheim yodim sh'derech h'oneis lavu oh sh'shneiheim einon yodin,
> havi p'seitah d'poel, aval im BH"B yodeih v'hapoel eino yodeih, havi
> p'seitah d'BH"B."
>
> What do the readers on Avodah say?
>
I am glad that I know not to buy the book....
WRT the specific issue - there was no ones - davidi could have sung - just
no one wanted him to. That wasn't ones...
However, independently of the specific shakla vetarya, let me ask - assuming
one finds that in this case like the book - is one yotze veasita hayashar
vehatov? If one finds in the end that Davidi gets stiffed because the kalla
hired someone else - is that a morally neutral result that, therefore, the
interest is in the halachic reasoning?
This emphasizes a trend that I think is all too common - in order to
emphasize the independence of the halacha from the normal moral order of the
surrounding society, and that therefore we are not contaminated by foreign
influences, there is an attempt to show how different "halachic" reasoning
really is - and this deliberate opposition to the general moral order is not
something we should be proud of, as at least sometimes the general moral
order does reflect halachic values. I would not want to go to any bet din
whose members think highly of a book like this....
Meir Shinnar
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