Witch doctor – Rofe elil

L'chvod Harav Shlita,I know my cousin Yehishua Pessin meantioned Sukkos time that I wanted to write to you, I apologize for the delay.

On the witch doctor Teshuva. (Rofeh Alil- Assia 74-76 pp. 7-32)

1. My basic question on the whole Teshuva is, since you take for granted the witch doctor was a fake and would do nothing then why be Makil at all, especially with the chashash of Avoda Zarah involved, but even in the lesser Issurim, still why be Makil for no reason?

2. Also you seemed not to take into account the opinions of the Poskim in the Rishonim relying mainly on Perushy Tanach. The Semag (36) says ov is like shaul b'yidoni. in (37) by Yidoni he says the Issur is on the asker as is obvious by Lav 38 which is on the doer.

3. Semak (138) by Kisuf says it's a ma'aseh. This is obvious by bringing in Ochays Enayim.

4. Then there is the Chinuch which you bring. He holds it to be Avodah Zarah even though he clearly says it's Hevel. According to him it would be Yehareg V'Al Ya'avar. The Minchas Chinuch says that to ask is an Aseh but that can still obligate Yehareg since D'Rabbanan in these Avieros can obligate Yehareg.

`Shach (179:1) who brings heterim in sekanas nefasgos, though one can assume that's only if there is an assumption that it will help.

based off all this it would seemnot so simple to be Makil especially in light that your assumption was that it was useless anyway. I realize we are talkingf Dinay Nefashos and I would not want to be overly Machmir regardingf someone elses life but still there seems to be issues here which were not answered.

Thank you

sincerely,

Moshe Pessin