חדש באתר: מיכי-בוט. עוזר חכם על כתבי הרב מיכאל אברהם.

The law is sufficient for what follows from the law.

שו"תThe law is sufficient for what follows from the law.
שאל לפני 2 שנים

Why, in the opinion of the Rabbis, do they not accept Rabbi Tarfon's ruling on the foundation in the presence of the damage: "And what about where the tooth and the foot were relieved – in the public domain – the one who became more severe in the foundation, where the tooth and the foot were aggravated – in the presence of the damage – is it not a law that we should become more severe in the foundation?" They said to him: It is enough for the law to be as it is said: What is in the public domain half the damage – even in the presence of the damage, half the damage." And after all, apparently, in this case the relief and the material created are indeed valid, since the relief is the habit in relation to the foundation (and this is taught by the Rabbis), then in the matter of the presence of the damage, even within the framework of the principle of sufficient damages, one would be liable for full damage in the foundation.


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מיכי צוות ענה לפני 2 שנים
It's hard for me to explain this in words. There are actually two formulations of the law of cassation, one leading to a half charge and the other to a full charge of damage. The question is why the scholars do not agree to adopt the result of one. Apparently, it is enough for there to be one argument that proves full damage in order to charge. The second argument does not prove a half charge but at least half, and full damage also meets this criterion. The analysis of this qu'ach in the table shows the method of the Sages, but it has no place here. This analysis appears in the second article on the logical qualities of the sermon: https://mikyab.net/%d7%9b%d7%aa%d7%91%d7%99%d7%9d/%d7%9e%d7%90%d7%9e%d7%a8%d7%99%d7%9d/%d7%9e%d7%99%d7%93%d7%95%d7%aa-%d7%94%d7%93%d7%a8%d7%a9- %d7%94%d7%94%d7%92%d7%99%d7%95%d7%a0%d7%99%d7%95%d7%aa-%d7%9b%d7%90%d7%9 1%d7%a0%d7%99-%d7%94%d7%91%d7%a1%d7%99%d7%a1-%d7%9c%d7%94%d7%99%d7%a1-2/

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