[Avodah] geneivas daas [was: Imposing dress codes on non-Jews]

Micha Berger micha at aishdas.org
Fri Aug 3 08:27:44 PDT 2012


On Thu, Aug 02, 2012 at 07:18:52PM -0400, Zev Sero wrote:
> On 2/08/2012 6:58 PM, Micha Berger wrote:
>> What does that have to do with proving that geneivas da'as is deOraisa,
>> which the rishonim I pointed you do learn from this pasuq.

> I still don't get why you think [geneivas da'as] more direct than geneivas aku"m,
> which is a clear issur de'oraisa.  (Or isn't it?)

I am not sure why de'oraisa vs derabbanan is being conflated with the
directness of the linkage between geneivah proper and the issur.

But Rashi and the Ran, both on Sanhedrin 57a say *gezel* aku"m is a
derabbanan, but they were mandating a particular implementation of the
deOraisa of chilul hasheim. Rashi "Yisrael beKuti mutar" refers you to
BQ 113a.

If even a mi'ut of rishonim can hold that gezel aku"m is derived
from chilul hasheim, then geneivas aku"m (also) isn't clearly linked
to geneivah.

And if we're using my theory of morality vs fraternity, it would imply
that geneivah and gezel from ovedei AZ (in particular, many rishonim
hold aku"m here means specifically aku"m) is unbrotherly, not immoral --
aside from BALM issues. Whereas lying to the same person is immoral. I
find that a hard conclusion to fathom.

:-)BBii!
-Micha

-- 
Micha Berger             Spirituality is like a bird: if you tighten
micha at aishdas.org        your grip on it, it chokes; slacken your grip,
http://www.aishdas.org   and it flies away.
Fax: (270) 514-1507                            - Rav Yisrael Salanter



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