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In dinei mamonos we say hamotzi mechaveiro alav harayah – if someone wants to extract money from someone else then they have to bring a clear proof that the money belongs to them.
The halacha is that even if the person who wants to be motzi the money has a rov in their favour, the nitva can say – hamotzi mechavero alav harayah and I keep the money.
Reb Shimon (Shaarei Yosher 5:1) asks, why are we not concerned that the nitva, al pi rov, is transgressing an issur of lo signov? The money probably isn’t theirs, so in order to avoid a likely issue genevah they should need to give it to the tovea.
Reb Shimon answers that in mamonos first we decide who can hold the money rightfully and only then do we apply the issurim and chiyuim of the Torah. To explain by way of example – the gemara initially brings a passuk for the din of hamotzi mechaveiro alav harayah – then the gemara rejects the need for a passuk and says – why do I need a passuk – it’s a sevara – dekoiv lei keiva ozil lebei asya – if you have a pain you go to the doctor – if you have a proof that I need to pay you, I’ll pay, otherwise I won’t.
Once I have decided al pi sevara who can keep the money – I apply lo signov, lo sigzol etc. This is different to other mitzvos, e.g. parah adumah where all my actions are dictated only by the mitzvas hatorah.
Another example, migu is not a passuk, nor does it need to be a halacha lemoshe misinai – it is a sevara al pi sechel hayshar who to believe in which case.
If so, we have the question, that learning nezikin should be bitul torah most of the time becuase we are deciding al pi sechel hayashar who can keep the money and we are not yet discussing the mitzvos hatorah?
It seems from this that anything that relates to ratzon Hashem is torah.
Le’moshol, when the chazon ish made calculations regarding kiddush hachodesh and ibur halevana – he was makpid that his maths notes should be put in shemos.
What is Torah?
Answer:- Rav Avigdor Miller ZTKLLH’H defined Torah as “The Blueprint of haShem”.
The same R’ Avigdor Miller who only spoke Yiddish in the home.
And the same R’ Avigdor Miller who denounced zionism in no uncertain terms.
Yes, the very same one.
Open your window.
pcoz, it is Torah to us being that Chazal put their Shtempel on it. If a student says something smart, it will be only be incorporated in the studies if the teacher agrees.
Rav Miller ZT”Lmwas a true tzadik. The Satmar Ruv ZT”L who was a true tzadik had once said “iz du nor ein ish emes in America Rabeni Avigdor” There is only one ish emes in America Rav Avigdor. unfortunley people who don’t seek authentic Yiddishkeit look down at him as if he was extreme but really they are the problem!
DY and choppy- this double standard amazes me every time. like the people on here who love to quote the stories of the chazon ish’s gadlus in medicine but get all squirmy when you inform them that he held sheirut liumi is yihureg v’al yaavor.
What makes something “torah” is very simple. Will it fill up the $15 million dollar beit medrash. If yes then yes it is torah and if not it is not torah. Simple. Truth has NOTHING to do with anything
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