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What Would Ricky Henderson Say? He Made A Living Off Stealing - Answer

What would Ricky Henderson say? He probably would tell you that Talmud was never his best subject. But, he was once playing in Yankee Stadium and he saw a Jewish fellow with a beard. Ask him.

Thanks Rick.

Anyway the Tolna Rebbe suggested as follows [this is my understanding of what he wrote very succinctly]: There is a rule that whenever the Rabbis make a decree they model it after Biblical law [כל דתקון רבנן כעין דאורייתא תקון ]. This would only apply to a decree that is purely Rabbinic and not based on the Torah. [I add that the rationale would be, that the purpose of the rule "kol ditikun" etc. is to strengthen the Rabbinic law. That is only necessary when the law has no biblical basis. But if we know that the Rabbinic law is rooted in the Torah, it is solid without any outside help. Hence, we don't need to model it after the Torah law. But see Sdei Chemed Vol. 3 page 317 and on.]

Lulav on the second day [and on] is based on the Torah commandment of taking lulav on the first day. Therefore, the Torah rule of disqualifying a mitzva habaá b'aveirah would not apply.

Kriah, however, is purely Rabbinic in nature. Hence, the rule of כל דתקון דרבנן כעין דאורייתא תקון would apply and a mitzva habaá báveirah such as ripping a stolen garment would be disqualified [as it would with respect to a Torah law].

I must add that at least two of the answers in the comments section were also offered up by various Talmudic Sages, so kol hakavod to the commenters!

P.S. Baseball is weird. They give people rewards and call them "King" ["Stolen Base King"] because of their success at gezela. I was always taught that stealing was wrong.

Is there anyway of knowing how far out my answer was?

Dear Wise,

You were RIGHT ON!! The great Kli Chemdah [whom I quoted in a recent post] said exactly as you did! So did the Maharshag.

The answer written in the name of the Tolna Rebbe is not the ONLY answer to the question.

Yashar Koach.

Thanks and thanks for the sources

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About me

  • I'm Rabbi Ally Ehrman
  • From Old City Jerusalem, Israel
  • I am a Rebbe in Yeshivat Netiv Aryeh.
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