[Avodah] [Areivim] Asifa - Lose Olam Haba

[Micha Berger]

On Thu, May 24, 2012 at 12:25:17PM +0100, Chana Luntz wrote:
:> I think RnTK is right. Anyone who was firmly within the target audience
:> realized it was guzma. I -- and I'm not from that population -- listened
:> to the audio stream, it never struck me otherwise.
: 
:> Halakhah is made by going to your own rav, or his rav, or... and so on.
:> Posqim know it, even if publishers and promulgators might pretend
:> otherwise....

: I am not so sure that you are right, or within the mindset of the people who
: were making the claim.
: 
: There is a teshuvah of the Chatam Sofer (Choshen Mishpat 116) which
: discussed the calling of an "assifas hamevorim".  The local Sar had put a
: new tax on the community, and the community leaders were trying to work out
: how to raise the money to pay it.  So they called for all individuals to
: come to the asifa but only around 30 baalei battim came, and they agreed to
: choose nine balei battim - 3 wealthy, 3 middle class and 3 poor and they
: would agree with the  community leaders how to raise the money - and they
: all agreed to raise money in a certain way, all except one of the nine balei
: battim, who disagreed with the plan.  And the question to the Chatam Sofer
: was could they go ahead with the plan, even though it involved taking money,
: inter alia, from this one of the nine balei batim against his will and from
: the rest of the community which seems to have been passive in this whole
: thing.

: And the Chatam Sofer held that they could.  He held that despite only thirty
: baal habatim coming to the asifa (spelt aleph samech yud feh heh)...

This you yourself write, this is an idea one finds in choshein mishpat
in particular. How do you decide how to allocate communal funds when
you can't sit down every potential taxpayer and reach consensus?

Here in the US, it would be an executive branch question, not Judicial or
Legislative. My point was about the word "pesaq", which is interpretation
of law.

I don't see in this a template for pesaq, but a rule about taxation and
semi-random surveys. How would someone apply it to a ruling (if it was
such) about EhE?

(As for "asifah"/"aseifah", I don't think the yud is indicative. But
in his case, they were people ordered to arrive, not people who chose
to buy tickets and congregate. So either word would work. My objection
to calling the Citi Field experience an "Asifah" is that the organizers
should be using a word that can refer to subjects willingly gathering
somewhere, rather than objects being gathered up. And if they won't,
I will -- because I thereby brought the point to the chevrah's attention.)

Tir'u baTov!
-Micha

-- 
Micha Berger             Here is the test to find whether your mission
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