<div dir="ltr"><<<span style="font-family:arial,sans-serif;font-size:13px">What decision was there to be made? He has done you a favour. You are</span><br style="font-family:arial,sans-serif;font-size:13px"><span style="font-family:arial,sans-serif;font-size:13px">objectively better off now than you were before, and even after paying</span><br style="font-family:arial,sans-serif;font-size:13px">
<span style="font-family:arial,sans-serif;font-size:13px">him you will be objectively better off, so what rational reason could you</span><br style="font-family:arial,sans-serif;font-size:13px"><span style="font-family:arial,sans-serif;font-size:13px">possibly have for not wanting him to have done the work? In what way did</span><br style="font-family:arial,sans-serif;font-size:13px">
<span style="font-family:arial,sans-serif;font-size:13px">he harm you?>></span><div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">He harmed me because I have a regular gardener who does moy lawn or snow removal.</font></div>
<div><font face="arial, sans-serif">Now a stranger comes removes the snow and demands full payment.</font></div><div><font face="arial, sans-serif">I repeat my question that this seems like a nice way for someone to make money. After</font></div>
<div><font face="arial, sans-serif">a snow storm he quickly goes to all the yards in the town and removes the snow from the lawns.</font></div><div><font face="arial, sans-serif">True some people will claim they didnt mind the snow etc and he can claim only expenses.</font></div>
<div><font face="arial, sans-serif">However, many/most people have a deal with someone to remove their snow and instead now have to pay this person who did him a "favor" by coming illegally into his property.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">I note that CI (against Nesivot ) that one cant force someone to get a benefit against his wishes.</font></div><div><font face="arial, sans-serif">Instead the land owner swears that he wasnt interested in hiring this guy and he doesnt have to pay</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">see (Hebrew)</font></div><div><font face="arial, sans-serif"><a href="http://eretzhemdah.org/newsletterArticle.asp?lang=he&pageid=48&cat=1&newsletter=661&article=2445">http://eretzhemdah.org/newsletterArticle.asp?lang=he&pageid=48&cat=1&newsletter=661&article=2445</a></font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">Micha writes</font></div><div><font face="arial, sans-serif"><<</font><span style="font-family:arial,sans-serif;font-size:13px">But I think the key here is the word "property". I suggested in the past</span><br style="font-family:arial,sans-serif;font-size:13px">
<span style="font-family:arial,sans-serif;font-size:13px">that there is no such thing in halakhah. (With a probable exception of bal</span><br style="font-family:arial,sans-serif;font-size:13px"><span style="font-family:arial,sans-serif;font-size:13px">yeira'eh bal yeimatzei.) There is baalus, but that's a different concept>></span></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">I am going to series of shiurim by Rav Avraham and his claim is the exact opposite. That the most fundamental concept is what he calls "territory" . This based in a large part on Rav Shimon Shkop that says that the idea of ownership precedes the Torah. The idea of theft is based on the pre-existing idea that it belongs to someone. Binyan Tzion claims that one cannot steal even to save a life. Even though only 3 things oberride saving a life it doesnt give someone the right to invade someones "territory" to save a life. He has an obligation to help but if he refuses you cant take what belongs to him. This applies to most mirzvot between people eg shame, damages etc This has nothing to do with theft being more important then saving a life. It is that one cannot take what is not yours for a good reason and even if there is no prohibition of stealing.</font></div>
<div><font face="arial, sans-serif">Thus, Rav Shinon Shkop says that onecannot steal from a nonJew (Torah law) even according to the opinion that there is no Torah prohibition against stealing from a nonJew. It simply means that the Torah does not call it "theft". Nevertheless it is prohibited from the Torah simply because it is his and not yours.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">In today's shiur Rav Avraham went further and claimed that "korban asham" arrises because one has entered the territory of someone else, it has nothing to do with prohibitions.</font></div>
<div><font face="arial, sans-serif">The Pnei Yehoshua quesyions a gemara that says that a woman cant have 2 husbands simultaneously. Pnei Yehishua comes up with a case where the woman is a "shifcha charufa" married to a even ivri. She now marries someone else. First the gemara says there is no issur on the male to have relations with the shifca and in any case it is only a "lav" . So according to Rabbi Akiva the second marriage should work. He answers that the second marriage doesnt work simply because she is married and belongs to someone else. It has nothing to do with any prohibitions. Similarly one brings a korban asham for shifca xharufa simply because the man violated the rights of the husband. It makes no difference if it is shogeg or mezid or if there is a formal issur or not. </font></div>
<div><font face="arial, sans-serif">Korbam Asham for Meilah is only for shogeg because only in that case has he caused hekdesh to become chullin and so taken things out of their territory.</font></div><div><font face="arial, sans-serif"><br>
</font></div><div><font face="arial, sans-serif">Talmidei Rabbenu Yonah claim that Meilah applies to not reciting birkhat hanaah . Hence, one violates a biblical law when not reciting a bracha even though brachot are only rabbinical.</font></div>
<div><font face="arial, sans-serif">This is because one is taking the fruit out of the "territory" of G-d without permission.</font></div><div><font face="arial, sans-serif">Hence, Rav Avraham paskened that in the case of safeq one is required by halacha to</font></div>
<div><font face="arial, sans-serif">say the bracha again but without G-d's name since that involves other problems.</font></div><div><div><br></div>-- <br><div dir="ltr"><font color="#000099" face="'comic sans ms', sans-serif">Eli Turkel</font></div>
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