[Avodah] Prozbul

[Micha Berger]

On Mon, May 19, 2008 at 06:26:15AM -0400, Cantor Wolberg wrote:
: "In an ideal world, we wouldn't have prozbul; the rich would lend to
: the poor without fear of the impending shemitta."

: This comment brings up an interesting theological question. If the  
: above is the case, then why did God legislate it to begin with?
: In other words, the prozbul could have been built into the torah.

Or, why did HQBH tell us to choose yibum over chalitzah when in the real
world for most of history, men would have the wrong motives for yibum
and thus chalitzah is the better choice?

A general question: Does the Torah describe the ideal society, or does
it tell us how to live as close as possible to the ideal in the society
we find ourselves?

Phrased that way, I think it's clear the Torah needs to provide both.

Which leads right to RRW's response.

On Mon, May 19, 2008 at 10:22:02PM -0400, R Richard Wolpoe replied:
: Here are several related approaches:
:    1. Mikra [scripture] is according to Middas hadin, while Oral Law [TSBP]
:    stems from middas haorachimim...
:    2. Mikra is addressing the realm of mind/thought/perception. Really we
:    SEE the eye for he eye. TSBP is the pragmatic implmentation...


IIUC, RRW is saying here something akin to: Miqra descrribed the ideal
society, and with TSBP we know how to live within the society we find
ourselves.

:    3. Mikra is more rigid.  Stone Tablets, parchment scripture. TSBP is more
:    flexbile -Oral and therefore is less fixed...
:    4. The law of Mikra is really immutable.  In a sense  Prozbol is a
:    hora'as Sho'oh...

Pruzbul might not even be deOraisa, so miqra vs TSBP wouldn't be an
issue. No miqra.

If I may add to RRW's constellation of interlocking reasons:

Tanakh is a seifer mussar. The primary lessons of all the naarative is
to provide archetypes of people, behavioral examples to emulate or take
warning from. The nevi'im acharonim are rife with behavioral warnings
and instruction.

Why would chumash be any different?

And thus, the text says "ayin tacvhas ayin" because morally, the person
needs to realize on some level that's what he deserves. However, the
TSBP gives us halakhah.

(This is sort of a (2b).)

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 31st day, which is
micha at aishdas.org        4 weeks and 3 days in/toward the omer.
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