[Avodah] Lev Beit Din Matneh Aleiyhem

[Micha Berger]

On Thu, Jul 05, 2018 at 12:55:56PM +0000, Rich, Joel via Avodah wrote:
: The Mishna Brurah in Hilchot Beit Knesset often uses the terminology
: "Lev Beit Din Matneh Aleiyhem" (see for ex. S"A 154:13:52) to explain
: why some usage that logically should not be allowed is allowed anyway.
: 
: My general take is that it means society (TBD) has changed its mind (in
: an internally non quantifiable manner over time) as to the definition
: of "generally accepted" communal rules of the road....

On Tue, Jul 10, 2018 at 09:55:39AM -0400, M Cohen via Avodah wrote:
: I hear... but certainly the mashmaut of the phrase indicates daas BEIS DIN
: is the determining factor (perhaps based on communal standards), not "Lev
: hamon am Matneh Aleiyhem.

Which is why I would suggest a variant of RJR's proposal... Society
changed over time to require beis din to readjust the din. After all,
norms are part of the metzi'us that has to be factored into pesaq.

: The mishnah zevachim 4:6 uses similar language (tanai beis din) which
: clearly means an enactment of beis din

Where it says, "for it is a tenai beis din that ein hamachashavah holekhes
ela achar ha'oveid." R Yosi rules that even if the person bringing the
qorban has none of the motives for a qorban in mind, it's still kosher.
Because the court stipulates that it is not his intent that matters,
but that of the kohein does the avodah.

The gemara on Zevachim 2b quotes this mishnah and explains that the tenai
beis din is not to announce intent at all, lest someone say something
that renders the qorban shelo lishmah.

I can see the probability of the risk changing as society does, and
therefore when incorrect motive became sufficiently common to warrant
this avoidance, they made a tenai BD.

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
micha at aishdas.org        and her returnees, through righteousness.
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