[Avodah] lifnei iver/kanaus

[Doron Beckerman]

RnCL writes:

>> But even if the Rav is not negligent, if the item is lost or stolen,
> then he has been put in the position of having to swear that he was not
> negligent.  Why should he be put in this position if what he did was not
> only mutar but a mitzvah? <<



You could ask the same question on a Shomer Aveida, who is also involved in
a Mitzvah and yet he is either a Shomer Chinam or a Shomer Sachar. (BK 56).
L'Halachah, he is a Shomer Sachar.


> >> On the basis of this interchange and pasuk though, it would seem that,
> if hitting can be considered a mitzvah even if not needed for the talmid
> to learn the particular lesson in question, then according to RZNG the
> taking of a talmid's property could also be considered a mitzvah even if
> not needed for the talmid to learn the particular lesson in question -
> maybe perhaps on the basis that one only really learns well on bread and
> water and sleeping on hard benches, so maybe a Rav should confiscate all
> of a talmid's wealth so as to ensure he learns well.  Which does seem a
> huge consequence. <<



See Igros Moshe YD vol. I: 140 - where he holds (contra his son R' Dovid)
that the Gemara only allows this if the student was lackadaisical
previously, but has now bettered his attitude, but if he did nothing wrong
there is no allowance. Also see Igros YD vol. II: 103 - where he holds that
the Gemara is only referring to where based on his talents he could learn
more but he is lazy.

So it is not so simple to say that if the Talmid is up to par that the Rebbe
can confiscate his wealth so he could be Lomed Mitoch HaDechak, when right
now he is doing fine. (It is also not so Pashut that such an approach of
confiscation would work. We don't find R' Elazar ben Azarya, or R' Elazar
ben Chisma, or R' Yehudah HaNassi,  throwing away their money so they  could
learn out of poverty.Certainly an Ashir SheYarad MiNechasav because it was
all taken away could be depressed and not learn well.)

All the best,

Doron
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20070924/6381e4ad/attachment.htm>