[Avodah] orthodox non-compliance with Covid rules

[Micha Berger]

On Thu, Mar 18, 2021 at 01:14:47PM -0400, Akiva Miller via Avodah wrote:
> If the topic of discussion is Spirit vs Letter of the law, I will cite an
> article I just read, according to which "the Chief Rabbinate of Israel will
> include chametz of Jews in the Diaspora who are not aware of the chametz
> sale contract..."

It's not really the Spirit vs the Letter of the Law, which is a Pauline
concept.

It's how much conformance to the spirit of the law are we obligated to
obey beyond its letter.

> I do understand that some poskim allow Mechiras Chometz for someone even
> without their knowledge, but I've always presumed that would be used for
> people who are R"L unconscious and unable to sell it themselves.

I would think because they are unlikely to get hana'ah from the chameitz,
and therefore it's a case of zokhin le'adam shelo befanav.

Here we would have to argue that consuming stolen chameitz is less than an
issur than owning and consuming chameitz. And enough of a clear advantage
that you can invoke "zokhin le'adam".

So, I don't see:
> The Letter of the law says this is a great idea. But the Spirit of the law
> says not.

Because I don't see how the letter of the law says the sale is chal
without the da'as of the maqneh.

So I would have argued the reverse: the spirit of the idea of no Jews owning
chameitz on Pesach says it's a great idea, but it seems to me it would be
the letter of the law that says it's impossible.

As you phrased things, and you feel the halakhos of mechirah are met, there
is a spirit of the law not being violated -- he shouln't want to own chameitz.
I mean, this is far gentler than "kofin oso af al pi she'omer 'Rotzeh ani!'"
I am wondering if there is an "al pi nistar" that is being addressed with
even the flimsiest excuse of a sale.

(While not a Chabad group, founder R Menachem Margolin and most
(? all?) of the other members of RCE and EJA are Lubavitcher
Chassidim. So, when I don't understand what they're doing al pi nigleh,
I wonder if they have some al pi nistar motive.)


Tir'u baTov!
-Micha

-- 
Micha Berger                 For a mitzvah is a lamp,
http://www.aishdas.org/asp   And the Torah, its light.
Author: Widen Your Tent                      - based on Mishlei 6:2
- https://amzn.to/2JRxnDF