Sunday, April 17, 2011

Spirit of the Law?

Is it proper to circumvent Halachic requirements?  We sell chametz to non-Jews in order to circumvent the requirement to get rid of it; we write a prozbul in order to circumvent the cancellation of loans by shemittah.  Doesn't the Gemara bemoan the practice of bringing in produce in a way that technically exempts it from the requirement of maaser?  Are there criteria by which we can determine when it is appropriate to technically circumvent Halachic requirements and when it is not?
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3 comments:

  1. EliyahuAugust 7, 2011 at 10:14 AM

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  2. EliyahuAugust 7, 2011 at 10:18 AM

    Although this may not answer your question in its entirety, I do recall seeing in a sfer from r' kook that if one can determine taama dkra then one can "circumvent Halachic requirements" within the halachic framework. based on tis reasoning, Rayah Kook supported the heter mechira.

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  3. Eli K.August 7, 2011 at 12:33 PM

    And how does one determine taama dikra?

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