[Avodah] How do we evaluate nezeq nowadays of a person?

Marty Bluke via Avodah avodah at lists.aishdas.org
Mon Aug 22 12:15:35 PDT 2016


On Monday, August 22, 2016, Zev Sero <zev at sero.name> wrote:
>> In any
>> case the Tur and other piston including the Aruch Hashulchan who most
>> definitely did not have semicha bring this lhalacha in Siman 420.

> The Aruch Hashulchan is not a question, since he discusses many halachos
> that were not lemaaseh in his day.   As for the Tur, perhaps the Spanish
> rabbonim of his father's day, just as they judged dinei nefashos by the
> government's authority, also judged dinei chavalos.  Or perhaps he
> anticipated the renewal of smicha, or even didn't know that the smicha
> no longer existed in EY....

If the din only applied to semuchim he wouldn't write it stam.

The truth is that the mechaber writes in Siman 1 that we aren't dan nezeq
today except semuchim in Israel. At the end of Siman 420 he references
this. So it would seem that even though there is a whole Siman about nezeq
it doesn't apply today.



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