The Rambam (Talmud Torah 6:14) lists 24 things that someone is put in cherem for. #1 is for kavod of a chacham and #14 is one who brings the public to chilul hashem. The kesef mishnah explains that the source for #14 is the story with choni where shimon ben shetach says that he should be put in niduy bec. if this were like the days of eliyahu where there would be to contradictory oaths that would inevitably bring to chilul hashem. The Mishnah L'melech points out that Rashi (both in the mishna and gemara) take an alternate approach that the niduy was for kavod ha'rav i.e. being matriach Hashem excessively. The Mishnah L'melech asks, that since there was an issue of kavod ha'rav in the actions of choni, how can this story be a source that there is justification to put someone in niduy just for bringing to chilul hashem alone? Although he brings down an answer, he says that it is not "kdei sviah". Any thoughts?
2 comments:
i just found that rabbeinu chananel (printed on 22b) is mefurash that the reason choni should be in niduy is bec. he could have brought people to chilul hashem, like the kesef mishna writes to explain rambam. It also seems that the niduy is not for the result of chilul hashem, but since he did an action that can lead to chilul hashem, he should be in niduy even if it never actually leads to it.
The difficulty still remains, how can this be the source of a new chiyuv niduy since there was anyway a niduy violation of kavod harav? although the girsa change of the gr"a allows for 2 reasons to be chayev niduy, it is still not sufficient to explain how this can be a source that one is chayev niduy just for doing an action that can bring chilul hashem.
why i think according to the gaon its fine, why not??
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