Haskafa Q&A by Harav Gershon Ribner shlita Rebgershonribner.com
Tactics to rid yourself of the strain of the Yom Kippur fast
Rampant disregard for rights of others borders on גזלHaskafa Q&A by Harav Gershon Ribner shlita Rebgershonribner.com
Tactics to rid yourself of the strain of the Yom Kippur fast
Rampant disregard for rights of others borders on גזל
Rav Yisroel’s Salanter’s chiddush that even if someone is was only moichel Erev Yom Kippur because he was a pushover or embarrassed not to, the story is over and the bar avlah is completely off the hook is not agreed to by many poskim. Having heard a few shiurim on this topic it seems like the ones who say like Rav Yisroel Salanter are mostly baaley musser speaking to one the avlah was done to. The ones who say not like him are mostly Baaley halacha speaking to the one who did the avla.
ReplyDeleteAs far relying on getting mechila by someone else saying Tefillas Zakka even the Baaley musser don’t hold that is sufficient. See the Rav Yisroel’s Salanter’s chiddush that even if someone is was only moichel Erev Yom Kippur because he was a pushover or embarrassed not to, the story is over and the bar avlah is completely off the hook is not agreed to by many poskim. Having heard a few shiurim on this topic it seems like the ones who say like Rav Yisroel Salanter are mostly baaley musser speaking to one the avlah was done to. The ones who say not like him are mostly Baaley halacha speaking to the one who did the avla.
As far relying on getting mechila by someone else saying Tefillas Zakka even the Baaley musser don’t hold that is sufficient. See the פלא יועץ ערך תשובה שצ׳׳ג which says ואף אם הנחבל ימחל מעצמו ויעביר על מדותיו, וכמנהג העולם שאומרים בכל לילה הריני
מוחל וסולח וכו', לא סגי בהכי, דנהי דמועיל הרבה, אבל על כל פנים חיובא רמיא עלה דאנש
לעשות את מה שמטל עליו ולרצות את חברו. תדע, דהא מיתי בש''ס (יומא פז א) עבדא דרב,
דהוה מהדר וממצי נפשה לההוא טבחא בכל מעלי יומא דכפורי כי היכי דלשאל מנה מחילה,
ותהוה לה כפרה, שמע מנה דלא סגי כשימחל הנחבל מעצמו לחוד, ומה גם שאין אדם יודע
אם מחל לו חברו, שעל הרוב האומרים נוסח הריני מוחל וסולח, אין פיהם ולבם שוים, ויש
דלא מאי קאמר, והראיה, שביום שאחריו, הקפידה במקומה עומדת ביתר שאת. הנה כי כן,לא סגי בלי שאלת מחילה
The פלא יועץ doesn't seem to agree with Rav Yisroel Salanter's chiddush to begin with. Unless he only means that an insincere Tefillas Zakka doesn't work completly work but an explicit שאלת מחילה that get's an insincere מחילה does work.
DeleteMechila doesn't mean you don't have to repay the mochel/victim for his losses.
ReplyDeleteThe nimchal still has to pay, and/or publicize that was done to the mochel was wrong.
Rav Yitzchok Zilberstein has a shaalo in his “what if” series that goes like this. Before Yom Kippur Schmerel decides that since Berel is never paying him the money he owes him anyway he is mocheil. Meanwhile Berel is sitting in shul Yom Kippur and decides to do teshuva. He sends Schmerel the check the day after YK. Can Schmerel cash the check? IIRC Rav Yitzchok Zilberstein says he can m’tzad the chiyuv teshuva of Berel and Berel’s obligation to pay up which never went away. But I know a rav who had this shaalo halacha l’maaseh. After going through the sugya he was noteh to say like Rav Yitzchok Zilberstein but first he asked a well known posek who said that if Schmerel was moichel b’lev sholom he cannot cash the check without Berel knowing about the mechila.(and Berel can say don't cash it) That posek also said that not all shitos agree with him. That shaalo however is about money. If it were about other things requiring mechila the halacha may be different. Ask your Rav if this is halacha l'maaseh
DeleteYou left out a big part of the reason why Rabbi Zilberstein says the check can be cashed. It is a machlokes in the achronim if verbal mechila for a monetary debt that was made without any kinyan, eidim, not in beis din etc. is binding.
DeleteLOL The Litvaks have to dreytzach with gigulim to understand how we can say that we are dalim & raikem!? Perhaps just take good look in the mirror
ReplyDeleteSpeak for yourself when you say just take good look in the mirror to see dalim & raikem! That's not what I see when I look at Bnei Torah. Look at the differences between the comments "the litvaks" make on a thread like this and the one their opponents do. Your comment is truly what is to be expected from dalim & raikem on a thread like this!
Delete
DeleteLOL's comment should be posted around as a warning where the world is heading
unless..
men & women..