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

[Akiva Miller]

R' Zev Sero wrote:

> 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.

RZS is understanding the issue very differently than how I understood it. I based my post on how it was presented in Avodah Digest 30:80, by R' Marty Bluke, who wrote:

> Continuing the discussion from Areivim. The Toldos Avraham
> Yitzchak Rebbe made a series of statements against non-kosher
> phones. One of the things that he is reported to have said was
> that if they find a non-kosher phone on Shabbos they can be
> mechallel shabbos to destroy it. He also said that the
> destroyers would not have to pay for the destroyed phone.

RSZ seems to understand that the TAY Rebbe was speaking specifically about a situation where the owner of the "non-kosher phone" was a member of that kehillah, and had been warned that this could result from his "non-kosher phone" being found. This would be very similar to what R' Toby Katz is writing about students who are fully informed about school rules on confiscations; in such cases, one does not need the halacha of a "beis din" or a "melech", *IF* one's actions constitute a surrender to a well-publicized rule.

But based on the way R' Marty Bluke reported it, it sounded to me like the TAY Rebbe said this action could be taken regardless of who the "sinner" might be, or where this "sin" occurred, and I hope that is an adequate explanation of why I wrote what I wrote.

R' Zev -- Would you agree that the Rebbe would NOT be able to authorize such actions in cases where the owner of the cell phone was unaware of the community policy?

Akiva Miller

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