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Author:  CHAIM NATAF
E-mail:  f_nataf@lycos.com
Date:  12/12/2005 12:26:00 AM
Subject:  Mechaber- Reshut Harabim
Message:  This is what I wrote originally:


DEAR CYA,

I have read your post concerning the view of the Mechaber and reshut harabim bizman haze. In light of this explanation how would you explain the words of the Shulkhan Arukh (Orach Hayim 325,2) considering that his source is the Hagahot Maimonit as pointed out by the Bet Yosef himself, which states clearly there that 60 rebo is a prerequisite for reshut harabim?

Regards

Chaim
     
Reply:      I have no idea what you are referring to. However, please check out Siman 345 #7. Maybe that will clear up some of your confusion.
CYA



I apologize but i am not confused. I wrote in a short way assuming you were aware of this halacha in S A. Allow me to take one step back:


You hold that the mechaber holds that there is reshut harabim deoraita.

The mechaber states however (Oh 325) that when there is a gentile that is violent , it is permited to send a goy on shabbat to give him food.

The source of this halakha, as pointed out by the Bet Yosef" is a Hagahot maimoni and if you took the time to look up the bet yosef (who is the same author as the shulkhan aroukh as you know...) the reason for that is that it is a shvut deshvut bimkom tzorech, the first shvut would be to tell a goy, the second one would be that there is no reshut harabim deoraita.

This said , how do you reconcile this view with your understanding of the shulkhAN ARUKH THAT THERE is reshut harabim deoraita bizman haze.


Chaim


p.s dont underestimate your readers assuming they are confused. You wrote that before even looking up this shulhan aroukh i quoted . Oh 345 belashon stam is the halakha according to you, i want to suggest there could be a different approach in the understanding of the mechaber.
   
Reply:  This is a good example of 'anei k'sil k'ivalto'
I will repeat what I said before. I have no idea what you are referring to. Nowhere does it say in that Bet Yosef or Hagahot Maimonit that '60 rebo is a prerequisite for reshut harabim'. However in Siman 345 #7 it does say that, only as a 'Yesh omrim'.
Are you going to say that what it says in 345 #7 is not L'halacha? Of course not. If you read that Mechaber, it says clearly that 16 amot would be considered a Reshut Harabim and some say that '60 rebo is a prerequisite for reshut harabim'. Therefore, even though there was a time when there was almost no reshut harabim, that does not mean, there will never be one again. Nowadays you must agree that there are some, if not many, that would fit the category of reshut harabim, according to both shitot.
(If you would have looked at 345 #7 at the Magen Avraham, you would have seen where he brings down a Mechaber in Siman 303 #18. There the Mechaber said very clearly 'and nowadays that we don't have a reshut harabim gamur....)
The simple answer to your original question, without your misquote is, the Hagahot Maimonit would say assur if it happens to be a reshut harabim (as the Mechaber would also hold). However, in those communities and times it was a rarity.

I make mistakes all the time. I'm human. If you're going to insult someone, at least get the facts straight.
CYA

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