Discussion:
[Avodah] chagiga 23a
Rich, Joel via Avodah
2014-10-02 15:54:48 UTC
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I was wondering about the gemara in chagiga 23a where the opinion of r'chanania ben akiva is stated that when the chachamim made a gzeira based on an incident, it was limited to the specifics of the incident(per rashi there). It sounds like his opinion is the chachamim would make a gzeira based on a single incident and limit it to that circumstance and I was wondering what the underlying philosophy might be (e.g. God made the incident happen so we would legislate on it or perhaps the chachamim wanted to make note of the occurrence). All this must tie in with general gzeirah/takana rules(unless the algorithm is multivariate which is my suspicion) with not making a takana in highly unusual cases, ones the tzibbur can't keep....
Gmar Chatimah Tova
Joel Rich

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Micha Berger via Avodah
2014-10-02 18:39:24 UTC
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I am still a little bewildered by the gezera to eliminate shofar (and
lulav, megilla) on shabbat because some one might carry outside an eruv.
Does that mean anytime there is room for error we should outlaw the
procedure?
I think this is answered by R' Joel Rich's post of 11:54am EDT today:
: I was wondering about the gemara in chagiga 23a where the opinion of
: r'chanania ben akiva is stated that when the chachamim made a gzeira
: based on an incident, it was limited to the specifics of the incident(per
: rashi there)...

I think we proved that a gezeira must come from a risk that actually
caused a problem, and (less conclusively proven but seems only logical)
the risk (probability times possible loss) is great enough to justify
it.

GCT!
-Micha

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