Tuesday, March 09, 2010

malkos for bal yera'ah (II)

Returning to yesterday’s question: Why is it that even though bal yera’eh is a lav she'ain bo ma'aseh, there would be malkos if one violates the lav through an action, e.g. buying chameitz, but there is no malkos for lo tachmod even if one takes action to pressure or coerce someone to sell their property?

Based on our previous discussion of lo tachmod, we can distinguish between these cases. The action of pressuring or coercing someone to sell their property demonstrates the degree of chimud that exists, but it is the chimud, not the action, which is the aveirah. The action is a siman of what lies in a person's heart, but is not the sibas ha'issur. However, it is the act of purchasing chameitz which is itself the ma’aseh issur.

On a side note, the amazing thing about Hil. Pesach is that it is all encompassing – every area of halacha seems to creep in. You have classic Orach Chaim sugyos about chamietz, matzah, leil haseder, etc. You have Choshen Mishpat sugyos about loans, achrayos, mechiras chameitz, etc. that come into play. You have Yoreh De’ah thrown in terms of koshering and ta’aroves. The only thing missing is Even haEzer, but even that gets touched on in the sugya of being mekadesh with chameitz. Thirty days before the chag are just not enough time to even scrape the surface!


  1. > it is the act of purchasing chameitz which is itself the ma’aseh issur.

    I was thinking about that during your last post but a person still violates the issur if he purchased his chometz before Pesach and didn't dispose of it. Or what if you brought over your chometz, dropped it in my living room and I acquired it since for you it has a hefker status?

    I think the interesting link is with the Korban Pesach which is a mitzvos aseh for which kares is applied for non-performance. Isn't milah the only other mitzvah like that? Here again we have a unique situation - receiving kares for NOT doing something, just like bal yera'eh is violated for not doing something - removing the chometz. Maybe there's a link there?

    And also, you get lots of Even HaEzer application during the lead up to Pesach. How many times does the wife shout:: 'That room's clean for Pesach! If you go in there with that chometz, I'm leaving you!"

  2. Sure, you can violate bal yera'eh passively, but the point is that if you do take action, the action itself is a ma'aseh issur.