What are Talmudic disputes - if halacha is learned from Tradition?

from Daas Torah - translation copyrighted

Malbim (Introduction Toras Cohanim): There has been much confusion and concern of scholars throughout the generations about the origin of what we call the Oral Torah. It is clear to all who are familiar with the Jewish texts that the Oral Torah is constantly connected with verses and interpretation from verses. This is the obvious pattern that is found in such works as the Sifre, Sifra and Mechilta as well as the Babylonian Talmud and the Yerushalmi Talmud. However when the meaning of the verses are examined and compared to the lessons that are drawn from them it often seems as if there is no clear and necessary connection between the two. In fact we find in most cases that not only is there no obvious justification for the halachic interpretation which is learned from the verse but that there are times when the verse actually contradicts and opposes the halachic conclusion. In addition in most cases we find strong and sweeping conclusions built upon minor and far-fetched justification. Thus we find major halachic concepts which are established because of a single word or even a single letter – which despite great effort and thorough analysis no necessary justification for these conclusions can be found. And even if you accept that the word or letter is the basis for the halachic understanding, the question arises why other instances of the word or letter are not viewed as having the same significance for other Halachos? In addition we find at times that a particular analysis of a verse is done in one place but in other places that the word is interpreted to imply just the opposite. Thus it seems to be that the interpretations are totally dependent on the whim of the moment and that matters of substance are justified by trivialities. When we ask how this issue was understood by the scholars of the ancient times we see that they said that the words of the verse which are brought as proof for the halacha are simply arbitrary signs and mnemonic devices which were selected in order to aid recall of the halacha. In fact these ancient Torah scholars claimed that halacha was not learned from textual analyses but were known from oral tradition. However this answer seems very far-fetched because we see that Chazal were always asking where a particular halacha was learned from and they always answered with specific Torah verses. And there often was a dispute with one saying that verse was incorrect and a different one was the source. The typical interchange involved attempts by all parties to justify their verse and to show that the verse and proofs chosen by others was wrong. It makes no sense that Chazal would engage in such intensive arguments concerning something which was merely an allusion or mnemonic device!.. It is clear therefore that the verses are in fact the sources of the halacha and are not mere mnemonic devices. In fact the Rambam (Introduction to Mishna) distinguishes between those Halachos which are not derived from verses which he calls Halacha LeMoshe and between those halacha which are derived from verses. These two categories are different from each other for a number of reasons… The Rambam counts the halachos which are Halacha LeMoshe and shows that they are few. The vast majority of Halachos are in fact learned from Torah verses and grounded in them. Thus these two explanations of halacha being learned from Tradition and being learned from verses are simply incompatible. This matter is not only astonishing to the masses but Jewish heretics utilize this contradiction to cause difficulties and to undermine the validity of our Tradition. However even amongst scholars it causes severe difficulties because they end up with two opposing paradigms which they are constantly switching between. Sometimes they focus on the language of the verses and the interpretation of drash is viewed as external and artificial. But other times they are drawn after the drash and Tradition and argue with those who focus on the rules of syntax and understanding of the verses. Thus there is a constant fight of the brothers - the meaning of the verse and the drash. Both sides murmur in their tents and there is no reconciliation….

Dr. Lynn Margulis: Symbiotic evolution

Third Culture excerpt

Symbiosis is a physical association between organisms, the living together of organisms of different species in the same place at the same time. My work in symbiosis comes out of cytoplasmic genetic systems. We were all taught that the genes were in the nucleus and that the nucleus is the central control of the cell. Early in my study of genetics, I became aware that other genetic systems with different inheritance patterns exist. From the beginning, I was curious about these unruly genes that weren't in the nucleus. The most famous of them was a cytoplasmic gene called "killer," which, in the protist Paramecium aurelia, followed certain rules of inheritance. The killer gene, after twenty years of intense work and shifting paradigmatic ideas, turns out to be in a virus inside a symbiotic bacterium. Nearly all extranuclear genes are derived from bacteria or other sorts of microbes. In the search for what genes outside the nucleus really are, I became more and more aware that they're cohabiting entities, live beings. Live small cells reside inside the larger cells. Understanding that led me and others to study modern symbioses.

Symbiosis has nothing to do with cost or benefit. The benefit/cost people have perverted the science with invidious economic analogies. The contention is not over modern symbioses, simply the living together of unlike organisms, but over whether "symbiogenesis" — long-term symbioses that lead to new forms of life — has occurred and is still occurring. The importance of symbiogenesis as a major source of evolutionary change is what is debated. I contend that symbiogenesis is the result of long-term living together — staying together, especially involving microbes- -and that it's the major evolutionary innovator in all lineages of larger nonbacterial organisms.

First senior church official in court for charges of abuse cover up

NYTimes

In what is believed to be the first time in the history of the Roman Catholic priest sexual abuse scandal in the United States, a senior church official is to appear in court Monday on charges of covering up the activities of predator priests.

Several priests have been tried and jailed over the years on charges of sexually abusing minors. But Msgr. William J. Lynn, a pastor who headed the Archdiocese of Philadelphia’s office of clergy from 1992 to 2004, is believed to be the first managerial-level official in the country to be charged not with abusing minors himself but with protecting those who did.[...]

Zero Tolerance, Zero Sense

Time

Two good kids. Two broken rules. Two parables of justice, except one offers a bracing lesson in honor and the other just leaves you heartsick at the latest evidence that zero tolerance often makes zero sense.

One kid made headlines: Brandon Davies, star Brigham Young basketball player whose team was heading toward its first Final Four ever — until it emerged that he had violated the Mormon school's strict honor code, with its injunction to "live a chaste and virtuous life." He had apparently slept with his girlfriend, an act that would barely register on most campuses, where athletes' failing grades, drunken sprees and loutish behavior are ignored as long as the players keep putting points on the board. BYU could have let Davies keep playing while the honor-code office "investigated," but school officials were steadfast. Davies' teammates, whose hopes were also crushed, said they bore him no malice and considered him a brother. The crowd roared in ovation when he returned to the arena, in street clothes, to cheer on his team. (Is the BYU controversy good for college sports?)

It would have been so easy to excuse him just this once — win a championship, reap the glory. But the players did the hard work that true forgiveness requires, offered it even as they lost their next game by 18 points, saw their championship hopes fade, knew potential recruits would surely pause. "BYU knows all this stuff, and it suspended the kid anyway," noted Los Angeles Times sportswriter Bill Plaschke, "and if you don't believe in its code, you have to love its honor." [...]

Earthquakes in America: Should you worry about potential megadisasters?

NYTimes

Mr. Wong noted that the Pacific Northwest is at considerable risk of a strong earthquake from the Cascadia fault, which lies off the coast under the seabed. And while the coastal zone of the Northwest does not have as much residential and business development as that slammed by the Japanese tsunami, the earthquake risks farther inland along the Pacific Northwest could well end up sustaining severe damage, he said. Nearly a thousand Oregon schools built in the last century have poor earthquake resilience, and many vulnerable dams protect urban areas in the region. Oregon is moving to shore up its schools, but the program is not slated for completion until 2032. The federal government is working to address dam issues, but the pace is deliberate, he said.

“Steps are being taken, but there’s a lot of dams, there’s a lot of fixing that needs to be done,” Mr. Wong said. “We’re decades away from being able to fix all our dams.”

The sobering fact is that megadisasters like the Japanese earthquake can overcome the best efforts of our species to protect against them. No matter how high the levee or how flexible the foundation, disaster experts say, nature bats last. Dr. Irwin Redlener, director of the National Center for Disaster Preparedness at Columbia University, warned that an earthquake in the United States along the New Madrid fault, which caused strong earthquakes early in the 19th century, could kill tens, or even hundreds of thousands of people in the more densely populated cities surrounding the Mississippi River.

At State-Run Homes, Abuse and Impunity

NYTimes

Nearly 40 years after New York emptied its scandal-ridden warehouses for the developmentally disabled, the far-flung network of small group homes that replaced them operates with scant oversight and few consequences for employees who abuse the vulnerable population.

A New York Times investigation over the past year has found widespread problems in the more than 2,000 state-run homes. In hundreds of cases reviewed by The Times, employees who sexually abused, beat or taunted residents were rarely fired, even after repeated offenses, and in many cases, were simply transferred to other group homes run by the state.

And, despite a state law requiring that incidents in which a crime may have been committed be reported to law enforcement, such referrals are rare: State records show that of some 13,000 allegations of abuse in 2009 within state-operated and licensed homes, fewer than 5 percent were referred to law enforcement. The hundreds of files examined by The Times contained shocking examples of abuse of residents with conditions like Down syndrome, autism and cerebral palsy. [...]

Phil Jacobs & Scott Rosenfelt expose sexual abuse in Baltimore

BaltimoreCityPaper

Sexual abuse within the Catholic Church has been a topic of public debate for at least a decade, but word of molestation in the Orthodox Jewish community has been slower to emerge, often because its members have had a tendency to keep such scandal under wraps. But, increasingly, publications such as New York City’s Jewish Week have begun to explore the topic, while victims have started going to the police. In the last several years, at least four books have been published on sexual molestation in the Orthodox world, and several prominent rabbis have publicly addressed the need for the community to face the problem. In Baltimore, the dubious privilege of shining a light on the subject has fallen to Jacobs.

Bush Terminal: Trouble for Abraham Fruchthandler i.e., Yeshiva Chaim Berlin

Hat tip to RaP

Real Estate

A $300 million loan on the Bush Terminal in Brooklyn, NY has been transferred to a special servicer due to monetary default, according to Fitch.

According to the documents related to the loan, it is secured by a first mortgage encumbering Bush Terminal, which is located on various blocks between 32nd and 41st Streets and 1st through 3rd Avenues in Brooklyn. The Bush Terminal Property consists of 16 multi-story office, loft and industrial buildings containing a total of 6.15 million sf of gross building area. The buildings were constructed at various times starting in 1904 on approximately 35 acres of land. The Bush Terminal Property was 85 percent occupied by tenants such as the NYC DCAS HRA (2.9% of NRSF), Virginia Dare Extract Co. Inc. (2.6%) and NYC Department of Finance (2.5%) when the loan was secured.

The borrowers are 1-10 Industry Associates LLC and 19-20 Industry City Associates, LLC, each a single-purpose, single-asset entity. The sponsors of the borrowers are Rubin Schron and Abraham Fruchthandler. At the time the loan was distributed, Rubin Schron had approximately $1.5 billion of equity in more than 40 residential, retail, commercial and healthcare assets primarily located throughout the New York metropolitan area, including over 15 million sf of industrial space.

Wall Street Journal

The Schron group is hopeful it will be able to restructure the debt and hold onto the property, according to people familiar with the property.

Mr. Schron's group, which today includes Abraham Fruchthandler, anticipated when the initial loan was made that the property could generate an annual net operating income of about $37.9 million as they released space at higher rents, according to Realpoint. Instead the property's net operating income for the six months ended in June 2010 was about $5.8 million. During that same time period, debt service was about $9.6 million, according to Realpoint.

The property's history can be traced back to the early 1900s when industrialist Irving T. Bush began building on the land his family owned. It was billed by some accounts as a city within a city with a railroad, trolleys and as many as 35,000 workers.

Mr. Schron's group is in default on the $300 million in debt, according to Realpoint, a credit-rating firm and a unit of Morningstar. The debt was reported 30 days delinquent earlier this month by the special servicer charged with managing the loan, according to Realpoint.

Foster care:Mother wants Orthodox & judge rules for non-Jewish supported by rabbi & her partner

Jewish World

A battle over two Jewish children is brewing in the Rensselaer County Department of Social Services (RCDSS), the county’s family court and pitting the Troy Orthodox and Reform Jewish communities at odds over how Jewish children should be raised.

The battle centers on a foster care case where an infant girl only a few months old and a two-year-old boy have been placed in foster care, which means providing a temporary home for children in need, with the hope is that the child will eventually return to their birth family.

The Mother’s Profile
The biological mother is said to be in her 20s, grew up in Crown Heights, Brooklyn, identifies with the Orthodox Jewish community in Troy, is a known drug addict and had her children out of wedlock. While the baby boy was not born addicted to drugs, the girl was born with a chemical dependency to heroin, according to sources with knowledge of the situation.

At the urging of the Manhattan-based Agudath Israel of America (AIA) and Leible Morrison, the spiritual leader of the Beth Tephilah Orthodox congregation in Troy, the mother is requesting that her children be placed in a Jewish household and raised in an Orthodox lifestyle. AIA is a Jewish communal organization representing sectors of Chasidic Judaism. [...]

Rav Sternbuch: Shailos UTeshuvos 2

Wallposter:Avoiding Trouble

Rav Sternbuch: Heavenly Hierarchies

Israeli rabbis launch initiative to marry gay men to lesbian women

Haaretz

Rabbis from the religious Zionist community have launched an initiative to marry gay men to lesbian women - with some surprising successes.

So far, 11 marriages have been performed. Haaretz conducted an email interview with one such couple, Etti and Roni (not their real names ).

Etti and Roni, both religious, were married five years ago. Though they were honest with each other about their sexual orientations from their first meeting, to the outside world, they portray themselves as a normal heterosexual couple. Today, they have two children, and are thrilled with the results.

Ohr HaChaim: Moshe got everything - yet Rabbi Akiva said chidushim he didn't know!?

from Daas Torah - translation copyrighted

Ohr HaChaim  (Vayikra 13:37): I would like to reconcile the apparent contradiction between two opposing views found in the Medrashim. In Vayikra Rabbah (22:1) it states that everything was given to Moshe at Sinai – even that which a student would innovate in the future. However Bamibar Rabbah (19:7) says that Rabbi Akiva gave interpretations that Moshe didn’t know. There are many other sources regarding these two views. It would appear that the reconciliation of these views is that in truth that all the Torah was told to Moshe. And therefore no scholar can possibly know more than Moshe did. And that is true across the generations from the day the Torah was given until the Messianic days – there were no new Halachos that weren’t known to Moshe. The explanation is that G d in fact gave Moshe the Written and Oral Torah. G d in His wisdom also encoded in the Written Torah the entire Oral Torah that he had taught Moshe. However He did not tell Moshe how the Oral Torah was encoded in the Written Torah. Ascertaining this encoding is in fact the work for all those engaged in Torah study. They are to determine where the halacha which was given to Moshe and the secrets and interpretations are alluded to in the Written Torah. Thus we find that the Tanaim came and composed works such as Torah Cohanim and the Sifre. Thus all their analyses of the verses are to determine where the known halacha is encoded in the Written Torah. This work which continues until the present is the holy work of Torah scholars to investigate the verses of the Bible and reconcile them with the Oral Torah. This effort is call Eretz HaChaim. This knowledge of exactly how the Oral Law was encoded in the Written Law was not given by G d to Moshe. It is in reference to this encoding that our Sages state that Rabbi Akiva made interpretations that Moshe didn’t know. This doesn’t mean that Moshe didn’t know the basis of the interpretations since after all everything was transmitted by him even that which a student would say in the future. However he didn’t know how the Oral Law was hinted at in the Written Law. This is the key to understanding the present issue where Hillel expounded the halacha from the verse that which was said to Moshe orally and G d did not reveal this halacha to Moshe from the verse. It was left for Hillel to find how this halacha was encoded in the verse.