[Avodah] judging

[Eli Turkel]

<< In our system,imho  it's expedient to overemphasize the "my hands
are tied" aspect>>

I think it depends very much on the posek.
Two examples
1. Someone who is confined to his home especially shabbat. Should one
find a heter
to allow him to go out eg various electronic devices that rely on heterim.
RSZA was a big backer of Tzomet to find halachic ways to increase the person's
oneg shabbat. R Elyashiv seemed to oppose this on the grounds that why
use a heter
when he can just stay home and daven there. A minyan or social life
and oneg shabbat
are not grounds for seeking heterim

2. One finds a high voltage wire on the street on shabbat. RSZA
paskens to call the
fired department to remove the danger. In other cases he says one does not have
to undergo suffering to prevent someone else doing chillul shabbat when there is
pikuach nefesh.
Others disagree and say that one must stay near the open wire all
shabbat to warn
passers by. Your inconvenience is not an excuse to call the authorities.
Similarly they would require moving out of ones home and going to a neighbor
if that would avoid a situation of calling the authorities for chillul shabbat.
RSZA again disagrees and says one is not required to move out of ones home to
avoid a heter of chillul shabbat.

In both cases RSZA takes account of a person's situation to allow
chillul shabbat
under pikuach nefesh. Others disgree and say that when a way exists to avoid
chillul shabbat even though unpleasant it must be used.
Note RSZA stresses his halacha even though pikuach nefesh on shabbat is
dechuya it holds it is almost like hutra

-- 
Eli Turkel