[Avodah] Gradations of Lifnim miShuras haDin

Micha Berger micha at aishdas.org
Wed Nov 28 06:39:51 PST 2018

Surprisingly, not a subject I've thought about before. Apparently, there
are different kind of lifnim mishuras hadin callings.

See Arukh haShulchan CM 222:8.

The SA (se'if 2) talks about the case where someone buys something from
one of 5 people, doesn't recall which, and each of them are tov'im for
payment. The money is held in escroe by BD until the claimants come to
agreement or Eliyahu arrives and sorts it out.

And if he is a chassid, he should pay each of them, kedei latzeis yedei

The AhS adds:
    And a chassid adif miyarei Shamayim (YS)
    because a YS does not want to be mevater his own property in a
    business matter, and a Chassid is mevater. (Shabbos 120b).

Presumably a YS is the person concerned latzeis yedei Shamayim (or else
I can't understand the AhS).

And this goes on to the case of the yoreish of one of the potential
sellers, claiming he would be patur even LYS (Sha"kh,
Ramban, Ritva.)

Whereas the Qetzos says that while he is patur even LYS,
    chassid, ra'ui lo la'asos kein mimidas chassidus.

So, there seems to be two kinds of lifnim mishuras hadin involved here,
and there is a nafqa mina lemaaseh: the YS who is concerned LYS, and
the chassid who is pursuing his midas chassidus.

Tir'u baTov!

Micha Berger             "And you shall love H' your G-d with your whole
micha at aishdas.org        heart, your entire soul, and all you own."
http://www.aishdas.org   Love is not two who look at each other,
Fax: (270) 514-1507      It is two who look in the same direction.

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