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Chagigah 023: How similar must the 'Gezeirah' be by a 'Ma'aseh she'Hayah'?
alex lebovits asked:
The Gem. compares 2 'Maaseh Shehayas', the first case by 'kodesh' and the
second case by 'mey chatas' and says that acc. to R'Chananya ben Akavyah the
Rabanan made a 'Takanah' to prohibit only exactly similar situations. And our
Mishna goes acc. to him.
But are the cases really comparable? The case of 'Kodesh' talks about the
*item* that was carried (and therefore only 'kodesh' was not allowed), while
the case of 'mey chatas' the 'Gezerah' was about the *way* it was carried (and
therefore only *boat and Yarden were dissallowed!
1. Would then R' Chanayah allow a person to carry a 'medras' on a boat with
'Kodesh' because its not similar to the 'Maaseh Sheyayah'?!
2. What is his reason that 'Mey Chatas' was only not allowed on the 'Yarden
River' versus any other river, even if the 'Maaseh Shehaya' happened on the
Yarden River?
Kol Tuv
alex lebovits, toronto, canada
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The Kollel replies:
1) The Chazon Ish (OC 129) makes a key point regarding our Sugya. The fact that
the Rabanan only saw fit to make the Gezeirah following a Ma'aseh she'Hayah
indicates that there was no real apprehension that people would be negligent
with Kodesh or Mei Chatas, and hence no real need for a Gezeirah, but that the
Rabanan decided to forbid acts similar to those that caused the Tuma'ah
(perhaps as a reminder to take care). The Ma'aseh she'Hayah involving Mei
Chatas happened in unusual and specific circumstances, involving a boat on a
river. Therefore, Rebbi Chananyah Ben Akavya was of the opinion that the
Rabanan only outlawed cases similar to this. However, since the Ma'aseh
she'Hayah of Kodesh did not take place in unusual or specific circumstances the
Rabanan did not limit the Gezeirah of Kodesh to any specific circumstance.
2) I believe that the answer to this lies in the point of the Chazon Ish. Since
the Rabanan only outlawed cases similar to the ones that occurred, there is
disagreement between Rebbi Chananyah Ben Akavya and the Rabanan (of his time)
as to whether the Rabanan who made the Gezeirah outlawed all rivers, or only
the river on which the original story took place. Rebbi Chananyah Ben Akavya
was of the opinion that since there was no real need to outlaw taking Mei
Chatas on a boat, the Rabanan only outlawed an act that is exactly identical to
the Ma'aseh she'Hayah.
Dov Freedman
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