[Avodah] Sovar VeKibbel

[mkopinsky at gmail.com]

On 5/22/07, Meir Rabi <meirabi at optusnet.com.au> wrote:
>
> I was inclined to think that sovar vekibbel means that we have altered the
> threshold that divides Shogeg from Oness. It means that the circumstances
> that we usually utilise to determine Shogeg or Oness are not applied here.
> The assumption is that these actions can not be construed by BD as they
> would usually, because they agreed to enter an unusual arena.

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.

KT,
Michael