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25.3.21

I was thinking about this argument of Rav Shach

Hametz of a gentile who uses force that a Israeli has to guard or pay for. To the Rambam one is required to get rid of it. To the Raavad he does not. \

Rav Shach ties this with a different argument. That is the issue of Haametz of a regular gentile that a Israeli has accepted to guard. There he certainly does need to get rid of it. But the question is how much responsibility does he accept for the Hametz? Like a paid guard or a guard that guards for nothing.

I was thinking about this argument of Rav Shach before I went to sleep last night. And it occurred to me that you could argue one way of the other. On one hand the Raavad is only saying that a case where the Israeli accepts no responsibility at all that he does not trespass the prohibition of "בל יראה ובל ימצא"  ["Hametz (leaven bread or yeast) should not be found in your home nor your boundary."] That is unlike an unpaid guard. However what in fact is the unpaid guard obligated in? Only willful neglect. That would be as if one was walking alone the street in Yerushalaim and saw Arabs selling leaven bread on Passover and overturned their stand. Certainly he has to pay for the damage, but would not transgress the prohibition of "Hametz (leaven bread or yeast) should not be found in your home nor your boundary,"--even though he is incurring a financial obligation to pay for hametz on Passover.  

So you can see this argument of Rav Shach as possibly holding.