[Avodah] Psikei halacha regarding separate graves

[Micha Berger]

On Wed, Sep 19, 2012 at 07:17:37PM +0300, Ben Waxman wrote:
> Below are links to the piskei halacha of Rav Schwartz and Rav Meidan  
> regarding the issue of separate graves for secular and Shomer Mitzvot.

People who are mechalel Shabbos according to the shitah followed by
those who own / manage the beis olam, or only if they are mechelalim
lekhol hadei'os? The maamarim you point us to, unsurprisingly, both are
limited to the latter. They do not give reshus for a chevrah qadishah
to exclude people who hold by a different shitah.

That's the first difference between this and the starting topic --
excluding those who own phones the chevrah deems non-kosher or have
access to the internet beyond the limits of the chevrah's posqim.

The second difference is that banning certain media because they
enable a cheit is different than actually declaring those who use
these media avaryanim. There is a machloqes whether it's impossible
to make gezeiros after chasimas hashas (Rosh Shabbos 2:20) or after
the ge'onim (Magid Mishnah, Chameitz uMatzah 5:20). Either way... no
actual issur can possibly be involved, short of proving it's covered by
the preexisting gezeirah of yichud or the like. Not just in finction,
but in actual inclusion. The whole treatment of this "issur" as a
halachic issue comparable to chilul Shabbos requires a conflation of
lifnim-mishuras-hadin policy set by daas Torah and pesaq. (A topic I've
raised here a few times already, I know.)

GCT!
-Micha

-- 
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