[Avodah] halacha in changing times

[Micha Berger via Avodah]

On Sun, Jul 10, 2016 at 06:27:55PM +0300, Eli Turkel via Avodah wrote:
: According to recent daf yomi an animal that eats food in a public
: thoroughfare the owner is not liable because animals have a right to walk
: there. (BK 14 ...)

The gemara distinguishes between two beraisos by saying that the one
that says that the owner of the cattle is not liable is speaking of a
chatzeir hameyuchedes lezeh ulezeh -- bein lepeiros bein leshevarim. As
opposed to R' Yoseif's bereisa, where the chateir meyuchedes lepeiros
ve'einah meyuchedes leshevarim.

So it seems ot be more about how people plan on using the space than on
whether they have the technical right to do so.

: Does the halacha change in modern times when animals don't walk down a
: public street.

So I think the animal's owner is liable, but not because the halakhah
changed -- and I am not ruling out it could change -- but because the
other beraisa applies.

As for whether it could change if needed, it might be related to basar
kafui and chalav hacompanies. Some see melichah within 3 days and chalav
yisrael as taqanos that apply even when the reasons don't. Some see
them as taqanos, but do not apply to the current situation for other
reasons. And yet others see them as pesaqim in pre-existing dinim, and
therefore of course they no longer apply if the realities they presume
do not apply.

Tir'u baTov!
-Micha

-- 
Micha Berger             You will never "find" time for anything.
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