[Avodah] car alarms and shabbat 48

[Zev Sero]

[RZS is replying to an off-list question asking for the sevara behind R'
Sherlo's pesaq which RET pointed us to when he posted:
> can one turn off a car alarm on shabbat
> http://www.ynetnews.com/articles/0,7340,L-4030099,00.html
-micha]

If you read the article you see that the issur involved is not in fact
chilul shabbos, even midrabanan, but lifnei iver. And R Sherlo here
paskens that a lifnei iver of a drabanan, when you ask the person to
at least do it with a shinuy, and where he is merely trying to mitigate
damage that you are doing to him and to the whole public (and which you
really have an obligation to mitigate), is muttar. One can disagree with
that psak, but it doesn't seem unreasonable.

An analogy can be made from the law that if there is broken glass on
the street (in a karmelis) one may and should move it to the side of
the street, violating the issur derabbanan of carrying in a karmelis for
the sake of removing a public danger. Now the danger from broken glass
in the street is obviously higher than that of a blaring car alarm;
but the issur allowed is also stronger than the one R Sherlo allowed:
one is told to do the issur beyodayim, and without a shinuy, and there's
no question that carrying in a karmelis *is* an issur. In our case 1) one
is not doing anything beyodayim, but merely allowing someone else to do
it, someone who is mechalel shabbos anyway; it's two sides of the river,
but the nazir already has a case of wine on his side; 2) one is asking
the policeman to do it with a shinuy; 3) although we are noheg issur,
it's not 100% certain that there is any issur at all; and 4) you are the
"baal habor".

[RZS added in a second email... -micha]

On the other hand, one could argue that lifnei iver of a derabbanan is
a de'oraisa!  If so it would be better to turn it off oneself, with a
shinuy, rather than give it to the policeman or the neighbour to do.

-- 
Zev Sero
zev at sero.name