[Avodah] heter mechira produce

[Richard Wolpoe]

On 10/1/07, Goldmeier <goldmeier at 012.net.il> wrote:
>
> while it keeps getting mentioned in the discussion that shmitta is only
> d'rabanan anyway (and therefore there is room to be meikil), I have not
> heard any Rav use that as a reason to be meikil. I have heard many
> shiurim on shmitta issues leading up to shmitta and asked a number of
> shailos and read books, yet that "svara" has never been mentioned by a
> Rav. I only hear it from laymen (no insult intended - I have said it
> myself in discussion as well and am more of a layman than anyone else on
> Avodah!).
>
> Does anyone know if that svara really applies and is used in piskei
> halacha on shmitta issues? And if not (as I think is the case), why not?
> The fact is it is d'rabbanan, so why do we treat it so seriously?
>
> Kol tuv
> Rafi
>

See The Gmara in Shabbos at the end of the 2nd  perek re: t2 kinds of Eruvin
Techumin and hatzeiros are qualitatively different
Techumin has a semach mi'doraisso
Hatzeiros does not.

Extrapolate to the following 'derabbnanans"

   1. Marror bizman hazeh
   2. Sefiras Ha'omer according to many poskim
   3. shmitta bizmahn hazeh

What have they in common?  They are essential d'orrasio's that have been
reduced to derbannan's


   1. Marror - lack of Korban Pesach
   2. Sefiras Ha'omer - lack of ketziras ha-omer
   3. Shmitta - lack of criteria for yoveil

I would posit the hypothesis that an essential d'orraiso that has been
reduced to Derabbana status is stronger than a simple  "pure" Derabbanan.

Other "strong" derabbanans include:

   1. YT sheini shel galiyus
   2. According to some the gzeiros on Bishul - shehiya, hazarr, and
   Hatmanas -s s'feikam lechumra for that reason.   The g'zeriso are  construed
   as  d'orraisso derivitaves. [See S. Edier's  book on Hilchos Shabbas]

I am not sure if the poskim are consious of this conecton, or just aware
that the trend with shmitta has been to be machmir so they are perpetuating
a pre-existing approach.  THAT approach might have been due to these
reasons.

Since I know extremly little re: Shemitta itself, I am only guessing.  OTOH,
regarding the aforementioned inyanim there is a lot of material
demonstrating this  phenomenon.


-- 
Gmar Tov
Best Wishes for 5768,
RabbiRichWolpoe at Gmail.com
Please Visit:
http://nishmablog.blogspot.com/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20071001/55b833c2/attachment-0001.htm>