[Avodah] shabbas//mishum eiva, etc???

[Zev Sero]

On 14/08/2011 3:35 PM, Micha Berger wrote:
> If you were more clearly claiming that you feel that Shabbos is huterah
> or dechuyah mishum eivah dates back to Chazal in principle, but the
> metzi'us only made this pesaq lemaaseh in more recent times, I doubt I
> would have been as surprised.

The topic was an attempt to reason *from* the heter to heal nochrim on
shabbos, to derive other heterim.  I pointed out that that heter is a
modern chiddush with a shaky foundation itself, and thus not a basis from
which one can derive anything new.



>: c) even where you are talking about lo ta'asehs, "going around" is often not
>: considered a problem.  Of course the most famous case of going around is
>: prozbul, ie a going around of the requirement to cancel personal loans in
>: shmitta, but similarly sale of chametz (which is clearly preventing the
>: violation of a negative prohibition) is another.

> Pruzbul circumvents shemittah derabbanan.

But it works just as well with shmitta de'oraisa.  It just wouldn't be
ethical to use it to circumvent the intent of the mitzvah d'oraisa.
Since the intent of the rabanan in continuing it nowadays is zecher to
the time when it was d'oraisa, making a pruzbul fulfils that intent.

In the case of mechiras chometz we have no idea what Hashems' intent was,
and there's no more problem going "around" it than there is with going
"around the intent" of basar bechalav by never eating milchigs.

-- 
Zev Sero
zev at sero.name