[Avodah] Halachic who is right from "The Lost Scotch"

[Micha Berger]

On Fri, March 23, 2007 7:27 am, R Chana Luntz wrote:
: does  oneis occur when the act is an "act of man" as well as when it is
: an "act of G-d"?  I was mesupik about that, others argued the case more
: strongly....

I would also ask how much due diligence against such acts of man is the ba'al
required in. For example [RnCL replying to RMMS]:
:> The clincher? The author chose this scenario based on a real
:> story: A chosson had hired a popular Jewish singer to sing at
:> his chasunah. At the chasunah, his father-in-law informed him
:> that either the singer goes, or he (the f-i-l-) goes.

: Who poskened that the chosson does not have to pay?  (The issue is not
: whether the chosson might not choose to ask him to sing, but whether the
: the lack of appreciation of the f-i-l and therefore the chosson choosing
: not to have him sing pater's paying)....

In this case, it might matter that the singer is one who people have objected
to in the past, and therefore this is a reasonable cheshash to have been
checked in advance.

I guess that's really my problem with laying the loss on the singer in our
original case rather than the kallah. The kallah's was not a simple error, as
the chasan's side normally takes care of the music, and paying for a singer --
even if part of the band -- was a likely enough option to make me feel her
negligence isn't simple "oneis".

:> I don't think one can apply Ishto k'gufo here. We're dealing
:> with knowledge here, and regardless of what halachic
:> realities is created by this concept it does not create
:> knowledge of what the other spouse thinks.
:
: Not actual knowledge, but deemed knowledge vis a vis the worker.

BTW, even with literal gufo, not just "kegufo" it is possible to create an
error because one part of the person knows something another does not. If you
were to ask me where on this keyboard I am typing on is the letter "Y" I
couldn't answer you. But my fingers found it. (And the guess that came to mind
as I thought about it while typing happened to have been wrong!)

Ishto kegufo might work even WRT knowledge, if one compares it to knowing
something that one is unable to retrieve given the clues or context of the
situation. Shogeig rather than oneis might be a better parallel.

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
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Fax: (270) 514-1507                            - Rav Yisrael Salanter