Sunday, May 8, 2016

Let 'em Die?


לעילוי נשמת עליזה רחל בת חיים צבי
Li-rifuas Chaim Yonatan Mordechai ben Pesha Elka [Note: he is miraculously hanging in there. PLEASE keep davening].


The Mishna [Maaser Sheni 5/1] says that on the shviis year [when the fields are hefker] one must mark off those trees that are not allowed to be eaten [because they are either orlah or revai] so that anyone who enters the field will know which trees he may take from and which not. However, all other years when anyway it is forbidden to take from the trees because it is stealing, it is not necessary to mark off the forbidden trees.

The explanation given [Bava Kamma 69] is "הלעיטהו לרשע וימות" - feed the rasha and let him die. Meaning, since he is already stealing, we don't care that he do another aveivah [i.e. eating orlah or revai].

This is ODDDDDD!! There is a mitzvah of ערבות that requires us to be concerned with the spiritual condition of our fellow Jews. This means that we must separate them from sin when possible [or help them do mitzvos]. This rule seems to fly in the face of the principal of ערבות.  

What is the logic here? Why aren't we obligated לאפרושי מאיסורא - to separate others from sin?

I have seen dozens of sefarim [starting with the Tshuvos Chavos Yair who says that we need an expert doctor for this question, also R' Yitzchak Elchonon Spektor, the Chazon Ish and many more]  which talk about this gemara without having seen a fully satisfying answer to the question. [What is more  remarkable is all of the sefarim that talk about the gemara without even asking the question....] 

Any ideas??

[ את הקושיא הזכיר כ"ק מרן אדמו"ר שליט"א במלווה מלכה פ' קדושים תשע"ו]