[Avodah] Safek Tereifah and Damages

[Zev Sero]

On 15/1/19 5:38 pm, Micha Berger via Avodah wrote:
> Here's the case...
> 
> Someone shechts your cow, and shahah bemi'ut simanim. Now you have a cow
> that is safeiq neveilah.
> 
> So the Rama writes (CM 306:5) that even though we are nohagim not to
> eat it, midinei mamonus, we can't make someone pay for damages. (E.g. if
> caused by neglect.) But also, we can't make the owner pay the shocheit.
> The AhS (s' 12) says that in cases, chezqas baalim applies.

Maybe because it's only nohagim, and the owner *could* break the minhag, 
even though he shouldn't.  If it were actually forbidden to break the 
minhag then it would no longer be nohagim, it would be an issur.  We who 
are "yotz'im beyad Ramo", to misquote this week's sedra, don't say we 
are noheg, we say "the Ramo assers"; but he himself doesn't say "assur", 
so he didn't treat it as an issur. And if it's not an issur then what 
right do we have to make the shochet pay for our minhagim (unless that 
was in his contract)?


-- 
Zev Sero            A prosperous and healthy 5779 to all
zev at sero.name       Seek Jerusalem's peace; may all who love you prosper