[Avodah] Misayei'a L'Dvar Aveira - cashier situation

[Zev Sero]

Samuel Svarc wrote:
 
> While I agree with RZS's conclusion (for the reasons given by RDB), I don't
> understand his sevara. I don't agree that someone who buys treif would steal
> and furthermore the halacha doesn't agree. From the very fact that if this
> is the only place where it's available halacha says it's prohibited to sell
> it proves conclusively that we don't assume that it will be stolen. Where
> that to be a valid consideration there can never be a case where one is
> prohibited from selling something; we will always say that the person
> interested in buying the object has another way to obtain it, he could steal
> this object.


In an old-fashioned grocery, the shop assistant has to give the customer
the item beyadayim; the customer has no other way to get it.  Sure, he
could break in in the night, or else overpower the assistant and take
whatever he wanted, but in fact he isn't doing that, he's asking the
assistant to give it to him, and so the assistant has a problem.

The main chidush of a supermarket is that it's self-service; you take
what you want, and the only function of the assistant is to take your
money.  If you were a ganef you could simply walk out with the goods;
you might not get very far, but it is an option.  In this situation,
I don't see how the assistant helps the avera in any way.  All he's
doing is preventing a second avera.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas