[Avodah] Brisk and the Ran

[Micha Berger via Avodah]

On Sat, Nov 26, 2016 at 06:39:43PM -0500, Akiva Miller via Avodah wrote:
:> The Ran ... 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?

: Are you sure that the Ran really means every single last one, without any
: exceptions at all? Maybe he is just stating a general rule?

Are you suggesting that when the Ran says that a neder is chal al issur
but a shavu'ah is not, he only means in general? That there are some
issurim that are really on a cheftzah, and therefore the neder would
not be chal and the shavu'ah would not?

(And similarly nedarim and shavu'os to fulfill a chiyuv.)

The Ran only invokes this notion that every lav is an issur gavra to
explain why nedarim and shavu'os differ in this way. It would seem to
me to be a bit much to say he doesn't mean they always differ without
the Ran himself writing as much. But YMMV.

And you would still be tying one Brisker arm behind his back. As he
couldn't say that a given issur was in the cheftzah, pe'ulah or chalos
according to the Ran without a hurdle of proof to show this is an
exceptional case. And the rarity would have to be preserved.

Tir'u baTov!
-Micha

-- 
Micha Berger             "And you shall love H' your G-d with your whole
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