[Avodah] Lev Beit Din Matneh Aleiyhem

[M Cohen]

RJR.. 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.

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.

(this approach leaves open the questions of which beis din, active decision
vs passive, when, etc)

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

Mordechai Cohen 




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