[Avodah] Tikkun Olam

[Micha Berger]

RnCL just noted on Areivim that many people presume that the source of
the liberal, non-O, conception of "tikkun olam" comes from Aleinu's
"lesaqein olam bemalkhus Shakkai", but it's not really the likely source.

I wanted to compile a canonical list of "tiqun olam" and "tiqun ha'olam"
in sifrei chazal, so that we can discuss just what the term means in
the original usage. FWIW, it looks like "tiqun ha'olam", with a hei,
is the bavli amora'im's term.

Mishnah Gitin 4:2-5:3
   The following rules are made mipenei tiqun ha'olam:

   1-  One may not convene a BD somewhere other than where the
       shaliach is giving the wife a get and anulling it. (4:2)

   2-  When writing a get, use every name and qinui possible. (4:2)
       Discussed in Y-mi BB 10:4 32a.

   3-  Eidim sign a get. (4:3) The gemara (3b) discusses whose shitah
       this must be. The Y-mi BB 10:10 33b also discusses this usage.

   4-  Pruzbul. (4:3)

   5-  If a slave was made collateral and freed, the owner is forced 
       to free him. (And a machloqes as to whether he owe the owner
       a shetar al damav.) (4:4)

   6-  Similarly we force an owner to free a chetzi eved chetzi ben
       chorin. (4:5)

       Edios 1:13 repeates #6, freeing the chatzi eved, chatzi ben
       chorin. But the reason given is that "lo nivra ha'olam ela lepiryah
       verivyah", and this fellow can't marry. The same reason is given
       by the gemara, Pesachim 88b, Chagiga 2b, and EIrakhim 2b.

   7-  We do not pay extorionist prices to ransom captives. (4:6)

   8-  We do not help captives escape. (4:6)

       R' Shimon ben Gamliel says both 7 and 8 are mipeniei tiqun
       hashevuyim. Is this clarifying tiqun olam, or disagreeing with
       the tana qama?

   9-  We don't buy sta"m from nakhriim at extortionist prices. (4:6)

   10- If a person divoces his wife because of a qonam, chakhamim allow
       them to remarry. (4:7)

   11- Someone who buys a field from a non-Jew but the field originally
       belonged to a Jew, he must bring biqurim. (4:9) Also discussed in
       Y-mi Demai 5:8 23b.

   12- Mortgaged property isn't used for improving property or supporting
       a widow or orphaned girls. (5:3) See also Y-mi 12:2 65a, and
       the gemara, BM 14b.

   13- We don't make a person performing hashavas aveidah make a shavu'ah.
       (5:3) Discussed in Y-mi ad loc 28b.

Tosefta Kesuvos 12:1:
    14- Do not make a woman's kesuvah from movable property ("unreal
	estate"?). See Kesuvos 56b, where they ask which situation it's
	talking about in which this would actually be tiqun olam.

Tosefta Gitin 3:8
    16- If someone made a neder after divorcing his wife that she can't
        get hana'ah from anything of his because she stol from him, he
	cannot remarry her even if she did.

Tosefta Terumos 1:14-15
    17- Orphans who were made dependent on a balebas made be fed with
        maaser. As may an orphan who begs for maaser be given it.

The first 12 are all, as RnCL characterized it on Areivim, to protect
"the down trodden of Chazal's society." Gittin 33a asks what "tiqun olam"
means WRT not anulling the get in an outside BD unrelated to the shaliach
and gets two answers: R' Yochanan says tiqun mamzeirim, Reish Laqish,
tiqun agunos.

The 13th is about encouraging hashavas aveidah, and thus protects
anyone who lost anything, whether the downtrodden or the wealthy and
powerful. Perhaps you could say they are needy "ledavar echad".

In most cases, it seems to be to avoid a marriage issue -- mamzeirus,
agnuah, the chatzi eved chatzi ben chorin. But not when feeding maaser
to orphans or when not helping one captive in order to prevent harm to
future captives.

Tir'u baTov!
-Micha

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