יום שני, 13 בפברואר 2012

Gomel After A Robbery - Mishpatim 5769


The Mishnah B’rurah has a Shaila about Bentching Goimel. If someone gets robbed does he have to Bentch Goimel. The Mishnah B’rurah Paskens that you do Bentch Goimel. Why? He brings from the Parsha, in 22:1 (אִם-בַּמַּחְתֶּרֶת יִמָּצֵא הַגַּנָּב, וְהֻכָּה וָמֵת--אֵין לוֹ, דָּמִים), if someone came to steal money and you kill him, you are not Chaiyov. Ai, he just came for money, so why aren’t you Chayov for killing him?

Rashi brings from the Gemara, (אין לו דמים: אין זו רציחה, הרי הוא כמת מעיקרו. כאן למדתך תורה אם בא להרגך, השכם להרגו, וזה להרגך בא שהרי יודע הוא, שאין אדם מעמיד עצמו וראה שנוטלין ממונו בפניו ושותק, לפיכך על מנת כן בא, שאם יעמוד בעל הממון כנגדו יהרגנו) that everyone knows that people don’t stand by while their money gets taken. He comes with the thought that if the person he is robbing will try to defend himself, he will kill him. So if someone gets robbed, he should have to Bentch Goimel. It’s Shver. Rashi doesn’t say he is coming to kill you. Rashi says that if the person getting robbed will fight back, the robber will kill him. What if there would be a case where someone was getting robbed, and he just handed over the money with no qualms, such a person was never in Sakanah according to this, because Rashi is saying only if the Bal Hamamon would stand to defend himself and his money than he would get killed. So it seems that Rashi has the exact opposite Psak than the Mishnah B’brurah?

People defend Rashi’s position, that by nature, people would defend themselves and this person who held himself back from defending himself Bentches Goimel on the fact that he held himself back from defending himself. This is not true. A person who holds himself back from performing a life threatening task doesn’t Bentch Goimel. You only Bentch Goimel when the Sakanah is there, not when you could have done something foolish. It seems to be a Shtaker Kasha on the Mishnah B’rurah. Halachah L’maiseh we would do as the Mishnah B’rurah Paskens.

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