More Discussions for this daf
1. Rav being refuted by a Beraisa 2. Shabbos 040b: Rambam on Bishul of Oil 3. Doing a small Aveirah to save a friend
4. Washing on Shabbos 5. Placing a hot water bottle on one's stomach on Shabbos
DAF DISCUSSIONS - SHABBOS 40

Yehoash Orange asked:

It says on 40b bottom that a teacher is allowed to tell his talmid a halacha in a bathroom/bathhouse to prevent him from doing an aveirah

I was thinking this might be connected to the tosfos on daf 4a "ve'chi omrim". Do we tell someone to do an aveira kallah in order that someone else shouldn't do an avera chamur?!

One answer was if the aveira was only done on account of him then he is allowed to do the aveira kallah. Here too possibly the teacher is allowed to tell his talmud a halacha in a bathroom/bathhouse if the avera is for him as was the case

yehoash orange

brooklyn ny

The Kollel replies:

Dear Yoash,

Interesting connection between the two sources, but I don't think it holds up. After seeing the way the Rambam and the Meiri phrase the Halachah on Daf 40, it appears that it is not a question of violating a lesser Issur for the sake of preventing the violation of a greater one. The language of the Rishonim implies that Le'afrushei Mei'issura is no issur at all. Offhand, I can think of a rationale for this. The Issur of learning in a Beis Hamerchatz and the like is a matter of Kavod HaTorah. In the case of Le'afrushei Mei'issura, remaining silent and allowing the Issur to be violated is a greater Bizayon HaTorah than speaking Divrei Torah in a place where it is normally forbidden. Hence, there is no Issur here at all.

Kol tuv,

Yisrael Herczeg