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

Micha Berger micha at aishdas.org
Tue Jul 3 12:36:03 PDT 2012


On Tue, Jul 03, 2012 at 02:44:15PM -0400, Zev Sero wrote:
>> I'm not sure why you say a rebbe is a beis din. Yes, they accept his
>> authority as rebbe. That's different than toanim coming before a court.
...
> This has nothing to do with psak halacha.  Smicha is irrelevant.
> His authority as rebbe is precisely what is at issue, and what gives
> him the right to issue such an edict.

I don't see how this addresses my question. Accepting someone as one's
rebbe is different than walking into their court.

And, thinking about it, I don't know of a use of hefqeir BD outside
of musmachim. Even down to the problems charging kenasos bizman hazeh,
which would be a non-issue if hedyotos can simply redistribute wealth.
Hefqeir BD comes up in taqanos (EhE alot). It comes up in one-off kenasos.
And it might be related to the power of city adminitration (which I raised
in my prior post). But ad hoc today?

Your thesis boils down to giving any mentor the power to take money from
Reuvein and give it to Shim'on. They didn't walk into a BD agreeing to
accept their decision. I don't find that plausible.

Tir'u baTov!
-Micha



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