[Avodah] Mumarim and Movements

[Micha Berger]

In the mishnah, Eiruvin 6:2 (6:1, 61b in the Bavli), Rabban Gamliel
tells a story involving a Tzeduqi who lived with them in the same mavui
in Y-m. According to the tana qama, R' Gamliel says that his father (R'
Shimon ben Gamliel) told them to hurry and bring all their keilim to
the mavui before the Tzeduqi took something out and prohibit carrying
there. R' Yehudah has R' Gamliel say that R' Shimon warned them to
hurry and take care of the their needs for the mavui before he took
something out.

The difference? R' Meir's version had RSBG saying that by them using the
mavui first, it became permissible the entire Shabbos. If the Tzeduqi
uses the mavui first, then the verbal bitul was falsified by his actual
action, and there is no bitul.

In R' Yehudah's version (before seeing the gemara), it would seem that
there is bitul, but only up until the time the Tzeduqi used the mavui.

Notice that in both versions, bitul by a Tzeduqi helps. According to
one opinion of the gemara, this is only a tzeduqi who isn't mechalel
Shabbos befarhesia, which requires an interesting translation of "mechalel
Shabbos" -- only deOraisos that aren't al pi derashah, or else the guy
isn't a real tzeduqi! However, the SA (OC 385:1) does not hold this way,
and includes all tzeduqim.

In any case, with a nakhri we must do sekhiras reshus, bitul isn't an
option. (69b)

Now here's the intriguing issue... A Yisrael mumar, menseikh (to AZ)
or a mechalel Shabbos befarhesia have the din of aku"m. (69b, or Y-mi
vilna 38b which has "Geir toshav, ve'eved toshav, umumar begilui panim.)

I would therefore conclude:
A Tzeduqi who is at least trying to be an eved Hashem under a
misimpression of what that means is not to be lumped in with a mumar or
mechalel Shabbos befarhesia.

And that would appear to have real application bizman hazeh.

Tir'u baTov!
-Micha

-- 
Micha Berger             In the days of our sages, man didn't sin unless
micha at aishdas.org        he was overcome with a spirit of foolishness.
http://www.aishdas.org   Today, we don't do a mitzvah unless we receive
Fax: (270) 514-1507      a spirit of purity.      - Rav Yisrael Salanter