[Avodah] heter mechira produce

[Richard Wolpoe]

On 10/3/07, Chana Luntz <chana at kolsassoon.org.uk> wrote:
>
>
> However, as this is being used as a justification for a
> specific leniency (prozbul) which by implication Hillel would never have
> enacted had shmitta not been d'rabbanan, it would seem logical that the
> kind of d'rabbanan that shmitta was deemed to be was not one which had
> all the chumros of a d'orisa, otherwise the question just reverts.  [Of
> course, the gemora does also give annother answer as to how Hillel was
> able to enact prozbul, by means of hefker beis din hefker, but it is not
> clear that these are indeed alternatives, because either way, you need
> the hefker beis din hefker response to counter the question as to how
> the rabbis could deem loans nullified if the Torah itself did not]
>
>
> Regards
>
> Chana
>

I see your point. I am only rainolizing how some rabbis treat  Shemittah
more strictly than other derabbanans. I am not positing that since it is
treated strictly in some aspects that it must be 100% consistently treated
like a d'orraiso!

AISI  Derabbans are on a continuum.  There are PURE derabbans like Hanukkah
and there are derabbanan's -like Marror w/o korban Pesach - that are
explicit d'orrasio'. Then there are derabbans that have asmachtos or are
IMPLCIT in the Torah [e.g. EruvTechumin].

>From an academic or pedagogical point of view, it would be mis-leading to
conveniently label all derabbanan's as the same.  That said, I am virtually
ignorant re:  hilchos shemitta. I am only demonstrating how one derabban
could be stricter than another.  Whether these poskim are relying on my
thesis or have a sociological agenda - I don't know. I am not a mind
reader.  It is possible that they are using my approach unconsciously in
that they have been taught by their rebbes to be strict with Shemitta but
don't know WHY that is so. That is where I come in to find a precedent.

-- 
Gmar Tov
Best Wishes for 5768,
RabbiRichWolpoe at Gmail.com
Please Visit:
http://nishmablog.blogspot.com/
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