[Avodah] All transgressions are sins?

Arie Folger afolger at aishdas.org
Sun Dec 16 07:41:04 PST 2007


RDE wrote:
> To repeat my question. Where is it stated that every transgression is a
> sin that causes spiritual damage which requires repentance?

Since the thread started IIRC with the question of whether teshuvah would be 
called for when, for example, destroying someone else's property with 
permission, I would like to suggest a different analytical angle. Just 
ignoring bal tash'hit, which isn't the issue we were discussing, there is a 
question as to whether there is a prohibition of being a maziq. IIRC, some 
a'haronim (RSSkopf?) suggest that it grows out of gezeilah. Now that is a 
known quantity. We may discuss of whether something is gezeilah, or not.

For instance, if nizaq permits maziq to cause damage on condition of paying, 
there is no gezeilah, but rather a kind of services rendered, as gezeilah 
involves, by definition, the lack of permission. The interesting question, 
though, is how the agreement comes about. If there is no prior qinyan to 
agree on the terms, is the maziq required to pay like a maziq does, 
considering that he isn't really a maziq; after all, he is acting with 
permission.

However, if the nizaq knows of the maziq's intentions, but, while passively 
agreeing, really doesn't agree but sees no way out, then the hezeq is a form 
of 'hamas (talyuhu vezavin).

I think that we will quite obviously know which case requires repentance.

This kind of analysis can be performed in many other situations, allowing us 
to identify cases where a sin was committed, and others where none [that is 
under our consideration] was.

In short, I believe it quite obvious that every transgression requires 
repentance, but not everything that the Torah requires payment for is indeed 
a transgression, or rather, the categories the Torah mentions aren't 
necessarily all-inclusive.

KT,
-- 
Arie Folger
http://www.ariefolger.googlepages.com



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