[Avodah] yeihareig val yaavor

[Micha Berger]

On Tue, Jul 03, 2012 at 12:48:36AM -0400, Zev Sero wrote:
> No more than for other aveiros.  "Yehareg ve'al ya'avor" doesn't make
> an avera more severe; chilul shabbos (issur skila) is a worse aveirah
> than murder (issur hereg) let alone nidah (issur kares), let alone mere
> avizrayhu that get makos mardus, but they are all YVY and shabbos is not.

Chazal do use magnitude of onesh to establish a qal vachomer, but
not qv"ch stands up to a single rei'usa. Thus, the 3 YVY applying in
situations where Shabbos would be considered oneis Rachmanah patrei
would be enough to break the qv"ch you are suggesting.

There is a bigger problem with it, IMHO. Murder requires kaparah from
two sources -- both HQBH and the victims (plural to include almanah,
yesomim, etc...) Saying the onesh is smaller only means the BALM aspect
is smaller, not that the aveirah as a whole is. Unless you can find an
example where Chazal assess the chumerah of a mitzvah BALC based on its
onesh, I wouldn't take that as a given.

Third, one of the 3 YVY is AZ. A mechalel Shabbos befarhesia is ke'ilu
oveid AZ, implying it's more qal. But AZ is also an issur kareis.

I refer back to Avos 2:1, and lefum tza'arah agra -- both of which
make it impossible to apply a kelal in derashah for deriving halakhos
to the aggadic question of which is more significant.

Tir'u baTov!
-Micha

-- 
Micha Berger             "I think, therefore I am." - Renne Descartes
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