[Avodah] Rabbinic system vs. ethical integrity
Daniel Eidensohn
yadmoshe at 012.net.il
Sun Sep 9 22:26:08 PDT 2007
There is a dispute in the fourth perek of Bava Metzia between R'
Yochanon and Reish Lakish concerning aquisition of objects with money.
R' Yochanon holds that money is a doreissa technique but it was
invalidated rabbinically to ensure that the merchandise being purchased
would be protected until taken by the purchaser. On BM 47b the gemora
tries to refute Reish Lakish who does not accept money as a doreissa
technique. It argues that it only makes sense that beis din should curse
someone retracting from a deal involving money - which is good on a
doreissa level - but is only invalid on a rabbinic level. The curse
makes sense because it prevents people from taking advantage of the
rabbinic invalidation of kinyan with money. On the other hand the gemora
initially states that it doesn't make sense to curse someone just
because he doesn't keep his word.
The conclusion of the gemora which is brought in Rambam and Shulchan
Aruch is that the mi shepora curse only applies in cases where there was
some transfer of money. Where there was only a verbal agreement then
there is no mi shepora but only a statement that the chochomim are not
happy with someone who breaks his word.
Question: Does that mean that -
1) Preventing people from taking advantage of a rabbinic ordinance is of
greater importance than the mere ethical consideration of keeping one's
word and that's why a curse is used to protect the rabbinic system but
not to prevent breaking promises?
Or
2) Does it mean that keeping your word is so obviously important that it
just needs the awareness of our Sages disapproval of breaking
commitments. On the other hand preserving rabbinic improvments to the
system is not so obvious a value so it requires a curse to arouse
awareness of its importance?
Daniel Eidensohn
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