Reply To: Heteirim for Copying and giving out Music

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derszoger
Member

No, that is a mischarecterization. I would venture that the majority of poskim and gedolim are mattir. But I will not engage in a name-rattling contest with you, because which side has a majority is secondary and almost irrelevant. You just need to follow your own posek. And I’ve said all along, from my very first comment on this thread, that it is a shaila and there are two differing opinions. So, yes, absolutely one must ask a shaila first. As I’ve repeatedly stated, even according to the mattirim it is only permissible if you would have not otherwise made the purchase. That’s what I’ve indicated all along.

As far as Hasagas Gvul vs. Gezel is concerned, according to most of BOTH those poskim who permit and those that don’t permit copying — including, most notably, Rav Belsky shlita — it is only hasagas gvul and definitely not gezel. Remember, even according to the mattirim it is HG if you would have otherwise purchased it. And according to those who forbid, mostly, do so on the grounds of HG not gezel. I also think in many of the names you earlier rattled off, you were not faithful to their basis or reasoning. You have not presented any halachic svara from yourself or from any of the poskim WHY or HOW it is halachicly gezel mamish. You simply provided quotations or paraphrasing of one or two poskim who used the term gezel in this regard. Without citing the reasoning for reaching that conclusion. I suspect that even in those cases they may have used the term gezel simply as a euphomism for their opinion of it being assur. It is entirely conceivable and reasonable for the term gezel to be used euphomistically even in a classic case of hasagas gvul.