[Avodah] Brisk and the Ran

[Micha Berger via Avodah]

This isn't really about Brisk in general, just the applicability of 
chaqiros based on gavra vs cheftza.

The origin of gavra vs chetza is in shavua vs neder, so unsuprisingly
this is something I came across in AhS YD 215:29. The discussion is about
ein issur chal al issur being a reason why a shevua to avoid something
that is assur already wouldn't be chal. (Including a 2nd shavua that
only includes thing(s) covered by an earlier one.)

The Ran (Nedarim 18a d"h "hilkhakh naqtinan") holds that a shevu'ah
is not challah on a shevu'ah nor a neder on another neder. Nor a
shevu'ah on an issur. A shevu'ah is not chal on a neder, because
violating a neder is just another issur. But a neder is chal on a
shavu'ah or something assur. He explains:
    vehai lav issur gavra hu KEKHOL LO SA"ASEI SHEBATORAH

If the Ran holds that every issur is an issur gavra, can a Brisker
honestly use the gavra-cheftza chiluq to describe his shitah or any
machloqes he is in?

Tir'u baTov!
-Micha

-- 
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