[Avodah] SoVar VeKibbel

[Meir Rabi]

Michael responded:

Sovar v'kibbel ("He thought and he accepted") can only be a halacha in daas,
and thus can only work in an area where daas is relevant.  In dinei mamonus,
I have the right to be mochel, so B"D understands that your participating
implies a thought-out (savar) acceptance (kibel) of the risk.  For dinei
nefashos, where mechila is irrelevant i.e. daas isn't a p'tur, assumptions
about daas kol shekein will not generate a p'tur.

 

Is it not clear that in defining the types of activities that are
"acceptable and not too risky" like bungee jumping etc., we use people of a
particular society or culture to make that evaluation? Well, that's
something to do with diney nefashos and yet we see the mindset of the people
is critical in establishing the acceptable standards. Surely it is not too
great a leap to argue that we determine the scales of Shoggeg and Mezzid by
taking in to account the Sovar Vekibbel of the participants in this
dangerous game. BTW I assume that Halacha did not forbid playing this game
because it was, at least in those times, a fairly acceptable risk taking
behaviour even though it offered no benefit and there was no need to engage
in such activities.

 

meir

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