[Avodah] Avedat Akum

[Zev Sero]

On Areivim, Yitzhak Grossman wrote:
> "Shoshana L. Boublil" <toramada at bezeqint.net> wrote:

>> Halacha does discuss issues of returning an Aveida, for example to a goy, 
>> and that at times it is even prohibited

> I have no idea what your source is for that reason for the
> prohibition.  I am aware of two different reasons given by the
> Poskim, those of Rambam and Rashi (see Shulhan Aruch HM 266:1 and Sema
> ibid. 2).

A nafka mina between the two reasons: according to the Rambam (and the
Mechaber) if you know the owner is a decent person who doesn't break any
of the 7MBN then it should be permitted to return his avedot even where
there is no issue of chilul/kiddush Hashem.  But according to Rashi it
would still be forbidden, and the only heter for returning it is kiddush
Hashem.

But I have a problem understanding Rashi's svara.  If we follow it along
it would seem that it should be forbidden to do any voluntary action that
parallels an obligatory one, or to refrain from any permitted thing that
parallels a forbidden one.   It should be forbidden to eat matzah a whole
year, for fear that when one eats it on Pesach people will say "oh, he
always eats that"; similarly it should be forbidden to abstain from meat,
for fear that when one turns down treife meat people will say "oh, he's
a vegetarian".  If one fasts often, how will it be apparent that ones
fasting on Yom Kippur is leshem mitzvah?  If one never accepts clothing
as security for a loan, then when one happens to lend to a widow how
will it be apparent that one is obeying the commandment not to take her
clothing?



-- 
Zev Sero                      The trouble with socialism is that you
zev at sero.name                 eventually run out of other people’s money
                                                     - Margaret Thatcher