[Avodah] lev bet din matneh

[Micha Berger]

On Wed, Nov 12, 2025 at 06:28:50AM +0200, Joel Rich via Avodah wrote:
> Is lev bet din matneh a nice way of saying it's "impractical" to apply the
> letter of the law in a particular situation (so chazal, HKBH?) must've had
> this situational caveat in mind?

I see leiv beis din matneh to be the application of hefqeir beis din
hefqeir to qodshim. WHich would explain why on Shavuos 10b R Shimon says
that it only works for qedushas mamon, not qedushas haguf. And while we
don't hold like R Shimon, I think this underlying sevara is what Tosafos
say on Kesuvos 105b.

So if we follow Tosafos, then arguably yes... BD is given the power to
rearrange finances to be more to everyone's benefit.

But the Rambam (Pesulei Muqdashim 12:6) and the Mishneh laMelekh (ad loc)
must have a more limited rationale, because they say it only works for
the heqdeish of the tzibbur. Which makes sense, since the Sanhedrin
represents the tzibus in purchasing qorbanos (and Qiddush haChodesh,
and probably for their usual job of pesaq in general).

And if you look at examples among acharonim -- they are all about
communal property. Like the way (nearly?) every shul nowadays really
has qedushas beis medrash instead. Or the Rama's case of using a shul
paroches for a chupah. Or using the aron as things of lesser qedushah.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Every second is a totally new world,
http://www.aishdas.org/asp   and no moment is like any other.
Author: Widen Your Tent              - Rabbi Chaim Vital
- https://amzn.to/2JRxnDF