[Avodah] Selling whiskey/bourbon

Micha Berger micha at aishdas.org
Tue Mar 23 16:04:23 PDT 2010


On Tue, Mar 23, 2010 at 06:43:42PM -0400, Zev Sero wrote:
: >If the minhag were economically viable, the storeowner would be able to
: >keep it.

: But why should he?

Did I say "should" or "would be able"?

: >And if it's not economically viable, the minhag doesn't stick. Hefsed
: >meruba was already built into it as a heter, aside from the general "ein
: >hatzibur yekholim laamod bah".

: Where are either of those terms coming from?  

Which term? You never heard of hefsed meruba, or ein hatzibur yecholim
laamod?

Selling chameitz altogether started with barkeeps who sought a way to
avoid hefsed meruba.

: 
: >My not selling my own chameitz gamor therefore serves no purpose, once my
: >world HAS TO contain people who do not do the same.

: Huh?  Surely the purpose of your not selling the chametz is the same
: as that of any chumra: although you have the right to rely on the sale,
: you choose not to because you're worried that there might be something
: wrong with it, or that the halacha might be like some strict opinion,
: and if so you don't want to be nichshal in lo yeraeh velo yimatzei.

The way you phrase the chumerah, you are pretty much declaring "I think
the sale may be a haaramah", and you shouldn't be allowed to rely on it
even for a derabbanan -- taaroves etc...

I also have a problem with someone not taking a stand as to whether a
qinyan is real or not. That sounds like the machmir is *creating* the
haaramah problem, or even worse, an asmachta. A safeiq qinyan, where
qinyan relies on intent of the party?

But that aside...

It is impossible for the minhag to work as a minhag. The economy doesn't
work. It fails as a Categorical Imperative.

You're describing my doing a hanagah tovah, a minhag chassidus. But if
it doesn't work for everyone, then as a minhag hamaqom or minhag avos,
it fails.

: It has nothing to do with creating a world in which everyone is
: similarly machmir..

Actually, minhagim do. A minhag requires that the whole locale are doing
it. Recall the star-K page, telling you to ask other family members what
your minhag is. This isn't hanagah tovah / personal chumerah.

Tir'u baTov!
-Micha

-- 
Micha Berger             For a mitzvah is a lamp,
micha at aishdas.org        And the Torah, its light.
http://www.aishdas.org                   - based on Mishlei 6:2
Fax: (270) 514-1507



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