[Avodah] Ends-Driven Halachic Reasoning in the Aruch haShulchan?

Zev Sero zev at sero.name
Fri Jun 8 12:15:35 PDT 2018


I don't see a problem here, because we're not discussing a psak din but 
a takanah.  By definition, takanos are ends-driven; they're made not 
because this is what we believe Hashem ordered, nor to avoid some issur, 
but in order to achieve some desirable goal.

The same applies to the usual shvuas hesses that Chazal instituted; it's 
to achieve the two desirable goals of creating a disincentive for 
defendants to lie, and of assuring the plaintiff that the courts are not 
biased against him.

So I see no problem with Chazal making a special takana for the benefit 
of employees, since the Torah itself gives their needs priority, and 
gives the reason that employees often risk their lives for their 
livelihood.  And just as the Torah does not distinguish between those 
employees who actually do risk their lives and those who sit on 
comfortable chairs in air-conditions offices and risk nothing more 
serious than a paper-cut or RSI, Chazal saw no need to distinguish 
between a lone employee and one among many.

-- 
Zev Sero            A prosperous and healthy 2018 to all
zev at sero.name       Seek Jerusalem's peace; may all who love you prosper


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