[Avodah] Street Minyanim/sh'as hadchak

[Micha Berger]

On the side-subject of whether she'as hadechaq means that we go more
lenient than iqar hadin or pair off norms that go beyond the iqar hadin...

Note that we often are allowed to do beshe'as hadechaq something labeled
bedi'eved. This identification of she'as hadechaq as a kind of bedi'eved
appear to argue for the former interpretation.

Se R Mordechai Torczyner's collection of sources at
http://www.hamakor.org/metahala/dechak.htm

(I think this whole discussion revolves more around how to define the
idiom "iqar hadin" than anything of practical substance.)



On Thu, May 21, 2020 at 10:29:32PM -0400, Sholom Simon via Avodah wrote:
>                        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.)

He says the first berakhah is a birkhas hamitzvah, and the second if
a brikhas hoda'ah on being able to make an "os" -- "ke sheim Hashem
niqra eilekha is specifically darshened about the shel rosh.
https://www.sefaria.org/Arukh_HaShulchan%2C_Orach_Chaim.25.10

We noted here in the past (I couldn't find who) that there are other
cases where "asher qidishanu bemitzvosav" is in a berakhah that isn't
a birkhas hamitzvah.

Or else there would be no question over the function of Birkhas
haTorah. Rambam (Seifer haMitzvos) says it's deOraisa, and the Ramban
(ad loc) and Minchas Chinukh (430:5) say it's a birkhas shevakh.

So, the text of the berakhah doesn't rule out his explanation.


-----

AND... If you join Arukh haShulchan Yomi, you'll be learning that
se'if on July 6th.

The cycle starts Shavuos (this Friday). RYGB posted on YouTube
shiurim for the first three days. See the Arukh haShulchan Yomi
playlist at https://tinyurl.com/ahsYomi-youtube

At the program's homepage <https://www.aishdas.org/ahs-yomi> you
can download a calendar for the full cycle, and there is a tool
for printing the text for a given day or range of days.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Today is the 46th day, which is
http://www.aishdas.org/asp   6 weeks and 4 days in/toward the omer.
Author: Widen Your Tent      Netzach sheb'Malchus: How can some forms of
- https://amzn.to/2JRxnDF                       "unity" be over domineering?