[Avodah] Mechallel Shabbos to destroy a non-kosher phone

[Akiva Miller]

R' Zev Sero wrote:
> the Rebbe was clear that phones may be confiscated and
> destroyed, and there is no obligation to compensate the owner.

R"n Chana Luntz asked:
> On what halachic basis? (Or is the claim that Rebbes are above
> the halacha)?

And RZS asnwered:

> Because they have no right to have it in the first place.
> Uvi'arta hara mikirbecha. If you see a Jew eating treif, do
> you not have the right and obligation to take it from them
> and destroy it?

I do not know the answer to that question. But for the sake of argument, let's say that I do have an obligation to take and destroy a pork chop that I see a Jew eating. Let's say, again for the sake of argument, that I must even take and destroy an issur d'rabanan, such as a chicken parmagiana, that I see him eating.

But this is not that case. This is a case where I see him eating some Chalav Hacompanies. I do not see where the question even begins.

Even if one posek, or even several, or even many - or even most! - poskim say not to use a certain item, but others allow it, then from where does one get this supposed right (and obligation!!!) to take it from him?

RZS tries to answer:

> We are, after all, talking not about random people deciding to
> do this on their own, but about a specific instruction from
> the TAY Rebbe, who certainly has the authority of a beis din.

Who, pray tell, gave Real Semicha to the TAY Rebbe, that he would have the authority to take someone's property and destroy it? Does he also have the authority to decide which husbands can be forced to give a get?

RZS offered two citations of sources to support his view:

> :  http://www.mechon-mamre.org/i/7110.htm#25
> :  http://www.mechon-mamre.org/i/7102.htm#13

Here's one which I think supports my view: On the subject of whether one may eat food that was cooked on Shabbos, Rav Shimon Eider (Halachos of Shabbos, pg 399) writes (emphasis mine):

"Whenever there is a dispute among the poskim whether an act is permissible or prohibited, even though we may hold like or conduct ourselves according to the view which prohibits it, b'dieved (...) it is permissible EVEN FOR THE PERSON HIMSELF on Shabbos."

Akiva Miller

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