Tuesday, March 21, 2023

Must husband be told about wife's adultery? R Y. Fischer

[ See views of Rav Pe'alim] Rav Yisroel Yaakov Fischer (Even Yisroel 8:85): Question:  A baal teshuva who had returned to Judaism a number of years ago came to me. There remained one thing that bothered him greatly about his past and that was the fact that he had a relationship with a married woman. The question that he was upset about whether he was obligated to tell the husband about his wife’s sin to save him from sinning - since she had committed adultery willingly. The dilemma was that if he told the husband that would destroy the reputation of the family since it was a distinguished family. However if he didn’t tell the husband then he would be responsible for the sins that the husband has constantly since she is now prohibited to him. Answer: This question was addressed already by the Nodah B’Yehuda (Tenina O.C. #35). He said it depended on a dispute between the Rambam  and the Rosh. The  Rambam ruled in Hilchos Kelayim (10:29) that if one sees someone wearing kelayim that is prohibited by the Torah he is required to rip it off the other person – even in the street and even if the person is his teacher who has taught him wisdom. It is clear that the opinion of the Rambam is that this must be done even if the wearing of kelayim did not do it deliberately and in fact is not aware that he is wearing kelayim. Nevertheless it must be ripped off of him without concern for the person’s dignity. The Shulchan Aruch (Y.D. 303) agrees with the Rambam. In contrast the Rosh (Nida 9:6) brings the words of the Yerushalmi)Kelayim 9:1),... The Rosh explains,”Rav Ami follows the view of the Amora who permits and it is in a case where either the kelayim is rabbinic or he holds that only in the case where a person finds kelayim in his own clothing he must rip it off because 'there is no wisdom or understanding against G‑d commands.' In contrast if a person see kelayim prohibited by the Torah on another person and that person doesn’t know about it – he should not inform him while he is in public because of human dignity since he isn’t wearing it on purpose to violate the Torah.” Rema (Y.D.#303) agrees  with the view of the Rosh and he states, “And some say that if the one wearing the kelayim is unaware of it it is not necessary to tell him in public.” Therefore the Noda B’Yehuda says that the question is dependent on this dispute. The Rambam’s view is that even if the person is unaware that he is sinning the prohibited kelayim still must be ripped off of him even in public and we are not concerned with his dignity. The Rambam would hold in our case that it is necessary to tell the husband in order that he separate from his wife who is now prohibited to him because the husband is doing an active act which is prohibited. In contrast the  view of the Rosh is that when someone is not sinning on purpose it is not necessary to tell him if this leads to him being embarrassed and degraded. Therefore in our case he would hold that it is not necessary to tell the husband since he isn’t deliberately sinning. However the Noda  B’Yehuda adds that our case  is different from that of kelayim. That is because the unaware person is not sinning just once but he will continue to sin for a long time. Consequently he asserts that even the Rosh would agree that it is necessary to inform the husband [....] Due to the various factors mentioned it is certain that there is no need to inform either the wife or the husband that they are prohibited because of adultery - because it won't result in their divorce. In addition there is the factor of human dignity. Furthermore one can say that even according to the Rambam in this case he would not require informing them since he doesn't witness that they are having prohibited relations and also it is possible that they won't be having sexual relations as is mentioned by Rav Pe'alim and other achronim agree with him.

Rav Wosner also has a tshuva on this subject and relies on Divrei Chaim not to tell husband and even if he does tell the husband they don't have to get divorced unless the husband believes him.

Rav Wosner (Shevet Halevi 8:287.1): Concerning a baal teshuva who unfortunately had a relationship with a married woman. Is there an obligation for the baal teshuva to tell the husband who is an observant Jew in order for him to separate from her since she is prohibited to him? I can’t go into detail in this matters but we typically follow the view of the Divrei Chaim (O.C. #35) who permits hims to turn a blind eye. According to this principle, even if he tells the husband, the husband is not obligated to divorce her unless the husband believes the testimony as is stated in Shuchan Aruch (E.H. 115:7). Consequently as long as he doesn’t believe her she is permitted to him according to the halacha. In such a case where he is not going to believe the testimony, it is permitted for the person not to inform the husband. Look at the Divrei Chaim itself.
Even Yisroel 8 85 Report Adultery

An Appeal to President Vladimir Putin to Try to Chill Out by Rabbi  Shalom C. Spira

 President Vladimir Putin has hijacked the democratic machinery of the Russian government, invaded Ukraine and suspended the nuclear arms control pact with the United States, as reported at <https://hamodia.com/2023/02/21/putin-suspends-start-nuclear-pact/>As such, it seems as though we are faced with a development where "the Holy One, Blessed Be He, will arrange for a king with difficult decrees like Haman, and the Jewish People will repent and be improved" (Sanhedrin 97b).

      To that effect, I suggested earlier this year at <http://daattorah.blogspot.com/2023/01/a-reiterated-plea-to-russia-to-stop.html> that praying in a synagogue with a formidable partition is an effective way to send a message to President Putin to pursue peace. Interestingly, an allusion to this thesis can be gleaned from the sobering tractate currently being studied in the Daf Yomi. The Gemara, Nazir 4b, relates how Shimon ha-Tzaddik was consulted by a gentleman became seized by his evil inclination when he saw his reflection in the water, the remedy for which was for the latter to become a nazirite. Remarkably, the seemingly innocuous experience of the gentleman beholding his own face was enough to disturb his spiritual harmony. How much more so, then, is it reasonable to assume that if a gentleman would see a lady's face (which is biblically prohibited pursuant to Deut. 23:10 as elucidated by the Gemara, Avodah Zarah 20a-b), he would certainly be unable to pray, such that a properly constructed synagogue partition ought to protect worshippers from such a misadventure.
      Indeed, a prayer service that follows this standard has recently been publicized at  <https://www.yiddishvideos.com/post/hachnosas-sefer-torah-%D7%94%D7%9B%D7%A0%D7%A1%D7%AA-%D7%A1%D7%A4%D7%A8-%D7%AA%D7%95%D7%A8%D7%94-%D7%91%D7%A7%D7%94%D7%99%D7%9C%D7%AA-%D7%A4%D7%A0%D7%99-%D7%9E%D7%A0%D7%97%D7%9D-%D7%91%D7%A8%D7%90%D7%A9%D7%95%D7%AA-%D7%A8%D7%90%D7%A9-%D7%94%D7%99%D7%A9%D7%99%D7%91%D7%94-%D7%9E%D7%92%D7%95%D7%A8-%D7%9E%D7%A8%D7%9F-%D7%94%D7%92%D7%A8-%D7%A9-%D7%90%D7%9C%D7%AA%D7%A8-%D7%A9>. It is the inauguration of a Torah scroll on the eve of Shavu'ot, consistent with Sfat Emet's opinion that this is the preferred timing for such an event. [See R. Yisrael David Harfenes, Teshuvot Mekadesh Yisrael (Shavu'ot), no. 55, final paragraph, available online at <https://hebrewbooks.org/pdfpager.aspx?req=59547&st=&pgnum=341>.] Especially well choreographed is the song la'asot nachat ru'ach at 28:35 into the recording, with the flute audibly playing solo in the background, inspirationally reminiscent of the Rejoicing of the Water Drawing [as per the Mishnah, Sukkah 50a, that the event was named for the flute featured prominently in its orchestra], the latter event representing a halakhic source for the obligation to construct a separate ladies' gallery in the synagogue [dutifully obeyed on this videotape].  
      The Gemara, Yoma 69a, relates how Shimon ha-Tzaddik interceded with Alexander the Great to refrain from destroying the Temple by the former greeting the latter while attired in the special robe of the High Priest. Apparently, his unique vestments impressed upon the emperor that the Temple service should inspire a global superpower to refrain from violence. While we do not have a High Priest or Temple anymore [until the messianic era], we do have a Torah scroll, which is "the reliable witness to all humanity" (Rambam, Hilkhot Sefer Torah 10:11; Shulchan Arukh Yoreh De'ah 282:1). Hence, President Putin should watch this video – filled with Jews taking care not to trample one another while dancing with the Torah scroll  and be inspired to reach a peaceful resolution to his conflict with Ukraine. [And see the Gemara, Megillah 11a, which elucidates Leviticus 26:44 as a guarantee that the Jewish People will survive all the global superpowers of history, whether it be Haman, Alexander or any future regime.] 

Rabbi Spira works as the Editor of Manuscripts and Grants at the Lady Davis Institute for Medical Research [a Pavillion of the Jewish General Hospital] in Montreal, Canada.             

Monday, March 20, 2023

Trump Supporters Plan Rally Despite Fears of Protest 'Trap'

 https://www.newsweek.com/trump-supporters-plan-rally-despite-fears-protest-trap-1789003

While Trump called for protests in his Truth Social post, some other social media users have spoken about a potential protest and if it could be a "trap" that would lead to further arrests of the former president's supporters.

Astrogy and magic -Rambam

 Rambam (Letter on Astrology): I know of course that it is possible to search and find isolated opinions of some sages in the Talmud and Medrashim whose views contradict what I have said ... These statements should not trouble you because one doesn’t simply discard a clearly established halacha and revert back to the initial analysis. Similarly it is not appropriate to discard a well validated principle and simply rely on a minority opinion of the sages instead. That is because the sage is not infallible and might have erred by overlooking some important facts or hints when he stated his views. Alternatively he might have stated his view only concerning a unique situation that had been presented to him and he had not meant to state a general principle. This caution is illustrated by the fact that many verses of the Torah are not meant to be taken literally - as has been clearly established by impeccable proofs. Therefore they are explained in a way that makes sense rather than taken literally. The general rule is that a person should never easily toss aside his well considered views.. His eyes should look unflinchingly forward and not backwards..

Rambam (Hilchos Avodas Kokavim 11:16): Magic and techniques of divination are all false and deceptive and they were used to convince people that idol worship is valid. Jews who are very wise and intelligent should not be involved in this nonsense and not even to think that they might work… Whoever believes in the validity of these type of things and entertains the thought that they might be true but that he can’t use them only because the Torah prohibited them is foolish and naïve like the women and children who don’t have sophisticated minds. Wise men with straight minds know with absolute proofs that all these that the Torah prohibited are not things of intelligence but are utter nonsense that only fools pay attention to them. That is why the Torah prohibited all this nonsense be tamim with your G-d .

Chris Christie: ‘The circus continues’ on Trump calling for protests over potential arrest

 https://thehill.com/homenews/sunday-talk-shows/3907418-chris-christie-the-circus-continues-on-trump-calling-for-protests-over-potential-arrest/

“I don’t think there’s many Americans who don’t believe that Donald Trump had an affair with Stormy Daniels, and that don’t believe that he paid her money at the end of the campaign to keep it quiet. So I don’t think that the American people probably see this as a huge crime,” Christie said.

Trump’s Claim of Tuesday ‘Arrest’ Is Highly Unlikely

 https://www.nationalreview.com/corner/trumps-claim-of-tuesday-arrest-is-highly-unlikely/

Trump being Trump, his social-media post calling for “PROTEST” is irresponsible. To be sure, it is completely legal — calling for protest is classic political speech protected by the First Amendment. As a matter of law, he did not call for violence and could not be deemed legally liable if his most rabid supporters interpret “PROTEST” as encouragement to riot. As a matter of common sense, though, it is shameful for Trump to speak this way after his fiery Ellipse speech was followed by a riot at the Capitol.

Maria Bartiromo breaks down the justice system double-standard with Rep James Comer, Sen Tom Cotton, and more

 https://www.foxnews.com/media/maria-bartiromo-breaks-down-justice-system-double-standard-rep-james-comer-sen-tom-cotton

JOHN RATCLIFFE: Well, it's clearly a political prosecution, and that's underscored by the fact, Maria, that you have in Melvyn Bragg, the D.A. involved here, someone who on his very first day in office said we will not prosecute armed robberies in this office. And now he's saying we will prosecute a misdemeanor offense against the opposition political party who happens to be a presidential candidate, former President of the United States, despite the fact that the statute of limitations has clearly run on that misdemeanor and the fact that other state and federal prosecutors have passed on that. So. But my take on it, Maria, is this is just the latest in sort of the evolution of of what the Democrats, as they have shifted from a party, from Democrats to progressives, which is really kind of a mix of socialists and communists who don't like the American justice system. It's a continuation of an assault on that justice system and tearing down all of the pillars that make that system work so well. So just to remind your viewers, when the Mueller investigation was going, the first of the pillars to go was the bedrock principle of a presumption of innocence. Remember, Donald Trump didn't have that presumption. He had to conclusively prove his innocence. Then quickly, it shifted in the Ukraine impeachment to the suspension of the principle of due process of law. And Donald Trump became the first president never to be allowed to have legal representation throughout the House proceedings. More recently, with Mar a Lago, the next principle to go was equal protection under the law. And we saw that when the same statute was applied between Trump and Biden. Regarding classified documents, Trump's home was raided. Biden's lawyers were allowed to just casually turn over documents whenever they want. So this latest sort of tortured prosecution that is in the offing this week by by the day in New York is just sort of the latest assault on the American justice system by the Democratic Party. 

Fox Host Desperately Tries to Connect the Dots Between Biden and Trump Investigations

 https://www.thedailybeast.com/maria-bartiromo-desperately-tries-to-connect-the-dots-between-biden-investigation-and-trump-indictment?ref=scroll

Rep. James Comer (R-KY) seems eager to believe a potential decision by the Manhattan District Attorney to indict Donald Trump has something to do with his quest to unearth documents tangentially related to Joe Biden’s family.

Comer appeared on Maria Baritromo’s Sunday Morning Futures, where Bartiromo led her one-person crusade on tying a House GOP memo detailing a payment made to Beau Biden’s widow Hallie to a potential indictment of Trump next week. She initially tried to play it straight, asking if Comer had a comment on a Trump indictment, before Comer helped launch right into it.

Sunday, March 19, 2023

In hush money probe, Trump’s lawyer is anything but quiet

 https://thehill.com/regulation/court-battles/3905897-in-hush-money-probe-trumps-lawyer-is-anything-but-quiet/

But Andrew Weissmann, a former prosecutor who served as one of the lead attorneys on the Mueller investigation, said the claim is itself problematic. 

“That is an admission he paid $ (which he had been denying) and the $ was not for legal fees (the cover story). Because the NY criminal case reportedly focuses on the crime of making false business records — his ‘defense’ is an confession,” Weissmann wrote on Twitter.

Turmoil in Israel, trepidation in Palestine

 https://www.aljazeera.com/opinions/2023/3/10/turmoil-in-israel-trepidation-in?traffic_source=KeepReading

Soon after the fascists and fanatics took the reins of power in Israel and began transforming the Jewish state into an autocratic state bordering on a theocracy, secular and liberal forces took to the streets. It was a desperate attempt to stop the new government from fast-tracking legislation that curtails the powers of the judiciary and subordinates the country’s Supreme Court to the whims of the ruling coalition’s slim majority in parliament.

Putin says Russia is in a fight for the existence of the state

 https://www.jpost.com/breaking-news/article-734294

Putin has framed Moscow's year-long invasion as a defensive pushback against what he sees as a hostile West bent on expanding into territories historically ruled by Russia.

"So for us this is not a geopolitical task, but a task of the survival of Russian statehood, creating conditions for the future development of the country and our children," he said during a visit to an aviation factory in Buryatia, some 4,400 km (2,750 miles) east of Moscow.

Leaving religion 8 reasons -Rav Saadiya Gaon

 Emuna ve’Deos (Introduction 7) I should add to this a list of what are, in my view, the causes of disbelief, falling into lies and a spirit of resistance to the truths of the miracles and speculation concerning religious belief. I see eight of these often. These eight are: 1) the natural burdensomeness of effort for humans 2) The stupidity of many of them. 3) Man’s instinct to fulfill his desires in terms of, food, feasting, sex and property. 4) An aversion to inquiry and an inability to listen attentively or engage in sustained thought. 5) People’s brazenness and pride which causes them to not concede there is any wisdom hidden from them nor any science that stands before him that he has yet to master. 6) Something someone heard in the name of one of the dissenters which touched his heart and worried him and he is thus stuck in worry his entire life. 7) A weak proof he heard from one of the monotheists and he thinks, therefore, that all of them are like this. 8) Someone for whom hatred exists between him and certain monotheists and this causes him to, hating their God.

Chief Rabbi: 'We need dialogue, I'm worried about civil war'

 https://www.israelnationalnews.com/news/368899

"I'm not getting involved in the details of the reform, but we have to explain to them, to convince them, to meet with them, that at least in matters of religion, there is no place for the court's involvement," he added.

The Chief Rabbi brought the example of the 2018 ruling that the ban on bringing chametz (leavened products that are forbidden on Passover) into hospitals over Passover was illegal. "For instance, when it comes to chametz. People will be afraid to be hospitalized because there is chametz in the hospital. We have to explain it to them. Love your brother as you love yourself. I don't understand other issues, and I don't talk about matters that I don't understand," Rabbi Yosef explained.

Are We Headed for Another Civil War?

 https://www.bu.edu/articles/2019/are-we-headed-for-another-civil-war/

But it would have to be something else to call this a “civil war.” That would indicate a willingness on the part of masses of people to engage in violence against their political enemies. That happened in the 1860s, in part because people had come to see their political opponents in extreme, even demonic, ways and found it impossible to find any middle ground. Maybe our politics and culture are moving in that direction, but I don’t see it yet.