[Avodah] Street Minyanim/sh'as hadchak

Sholom Simon sholom at aishdas.org
Thu May 21 19:29:32 PDT 2020

RSZ wrote, re: RnChL:
> I would argue that in all those cases, the fact that we can rely on an
> opinion in an emergency means that we *really* hold that the halacha
> permits this, but since there is so much opposition to it we may not
> rely on it in normal circumstances.  If it is at all possible we should
> do better than that, and satisfy more opinions.  Only when we have no
> other choice will we fall back on the basic halacha...

That is my understanding, too. In my limited understanding, the Rema, in
his intro to Toras Chatas, his sefer on Yore Deah, on the phrase "k'dai hu
R so-and-so l'smoch alav b'sh'as had'chak" (me: this phrase only appears
once (al pi Sefaria) but perhaps the concept comes up a number of times?),
he asks: what does this mean? Something is either ossur or it isn't. Rema
suggests that perhaps ikkar hadin is like the meikel opinion, but many
instances we are choshesh for the kavod of the machmir opinion, at least
l'chatchila. (Note: (a) I am unsure if the word "kavod" belongs in there,
because: (b) I have not seen this inside).

R Sholom Rosner asks: Where do we see a source for such an idea? He
points to Demai 3:1 where an oni can eat demai. So, really, ikkar ha'din,
demai is not ossur. R"R continues: Ashkenazim do this every day: put on
tefillin with two brochos followed by "baruch shem k'vod..." Why in the
world would we say "baruch shem kavod" on purpose?! R"R answer: we pasken
like the Rema. Period. We say two brochos. (me: after all, if there was
a safek on the second, we wouldn't say it.) But we say "baruch shem" to
give kavod to Rambam who rules one brocho. But since the second brocho is
ikkar hadin, we are supposed to pause an adjust our head tefillin to show
that we really meant that second brocho, before we say baruch shem. (M"B
complains that to many say the second brocho, and baruch shem, and then
adjust tefillin, which undoes what we are intending.) (A dissenting
opinion on this example: R"R adds: the Aruch HaShulchan can't fathom this
whole idea, and brings the idea that tefillin is like K'Sh, kabbala ol,
and, therefore, we say baruch shem here just like after we say shema.)
Note: I have not seen inside the Aruch HaShulchan either. I'm just
reporting what R"R said.

-- Sholom

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