[Avodah] Psak she'ein hatzibbur yecholin laamod bo

[Micha Berger]

On 5/31/2012 4:54 AM, kennethgmiller at juno.com wrote:
> Suppose someone would say that speaking Lashon Hara over the telephone
> is assur. Would anyone think that this is a new gezera? It is pretty
> straightforward to me that it is not a new gezera, but an old halacha.

But what's the "old halakhah" in our case? Is there a din that prohibits
something twice-removed from actual arayos?

As for invoking lifnei iveir, I find that problematic:

1- First (and most weakly), lifnei iveir isn't limited to halachic
michsholim. It would mean that a rav could pasqen that going to a stock
broker is assur if he believed it too likely led to bad investements.
Invoking LI would mean that a rav's opinion on any topic could be
turned into pesaq -- preventing people from making mistakes.

2- Lifnei iveir is BALC. Who said there is the same issur against
fooling yourself?

3- The argument is too powerful. There would be no gezeiros left -- only
pesaqim in lifnei iveir. Every gezeirah avoids a potential mikhshol,
a habit or mistake that would make sin all too likely. If you say that
there is a "pesaq in lifnei iveir", then there are no gezeiros.

Tir'u baTov!
-Micha

-- 
Micha Berger             A sick person never rejects a healing procedure
micha at aishdas.org        as "unbefitting." Why, then, do we care what
http://www.aishdas.org   other people think when dealing with spiritual
Fax: (270) 514-1507      matters?              - Rav Yisrael Salanter