Tuesday, July 10, 2012

Shulchan Aruch, Polygamy & Rabbeinu Gershom

See full discussion in Otzer haPoskim volume I from Hebrew Books pages 21 -94

Shulchan Aruch (E.H. 1:9): A man is allowed to marry a number of wives as long is he can afford them. Nevetheless the Sages gave good advice that one should not marry more than four wives in order that each one would have sexual relations at least once each month. In communities where the practice is to have only one wife it is not appropriate to marry an additional wife.

Shulchan Aruch (E.H. 1:10): Rabbeinu Gershom made a cherem against those who married an additional wife. In contrast he didn’t make a ban against those who married their brother’s widow (yevama) who was childless nor an arusa. Rema: If he didn’t want to marry her but to exempt her (Maharik 101). He also didn’t apply it in a case where a mitzva was not being done for example his first wife had no children after 10 years... However others disagree and they assert that the Cherem of Rabbeinu Gershom applies even when it intereferes with doing a mitzvs and even in the case of yebom. Therefore in a case of a married yevam he would be required to do chalitza rather than marrying his brother’s widow (yevama). In a case that she can not be divorced such as she is insane or she refuses to accept the Get from him – then there is reason to be lenient for him to marry someone else. And surely if the first one is only betrothed but doesn’t want to get married or breakup with him. This decree of Rabbeinu Gershom was not universally accepted in all places. Rema:  It doesn’t apply only in those places where it is known not to have been adopted but otherwise it is to assumed that a particular place did accept it. Look at Y.D. 228 concerning a person who travels from a place where it is accepted to one where it was not accepted. Furthermore the Cherem of Rabbeinu Gershom was only decreed until the end of the 5th milenia. Rema: Nevertheless in all the Ashkenaz lands it was decreed and this practice still applies today and therefore one should not marry two women. And we force with cherem and nidoi anyone who transgressed and married two women – that he should divorce one of them. And some say that today we don’t force someone who has transgressed the Cherem of Rabbeinu Gershom since we already have passed the  5th milenia but that view is not accepted. There are some who say if his wife becomes an apostate that she is given a get through another party and that is the practice in a number of places. In a place where it is not the practice, there is no need to be strict and it is permitted to marry another woman without divorcing the first.

Shulchan Aruch (E.H. 1:11): It is a good idea to make decrees and bans and shunnings against someone who marries an additional wife.

Monday, July 9, 2012

Rav Nachman Bulman zt"l: Erev Iyun on 10th Yahrtzeit



Rav Sternbuch: Can a talmid chachom serve his son?


Rav Sternbuch (4:209): In Kiddushin (31b) it mentions that R’ Yaakov’s father and mother both poured him a drink. The gemora concludes that he should take the drink from his mother but not from his father since his father is a talmid chachom he will be insulted if his son accepts the drink from him. In other words, since his father is a talmid chachom who wants to serve his son and the son agrees to accept his service – it will make his father feel insulted. These words are astounding! We have a case where the father wants to do something for his son so why would he be insulted if his son accepted his offer? Was his father just trying to test his son to see whether he would accept? Consequently this halachic conclusion must only be in the case where the mother is there and wants to help and but the son would rather accept it from his father. In such a case it would appear that since his father is a talmid chachom it would be degrading for him because the father is being treated as equivalent to his mother. That is why he should take the drink from his father but rather he should take it from his mother. It would follow from this analysis that if only the father was offering a drink then it would be permitted to take the drink. With this explanation, all the questions of the Maharsha on the gemora later regarding where the father is not concerned about his honor that it is not a concern and that the son is permitted to take it. However there is a problem with this answer since Shulchan Aruch (Y.D. 240:25) doesn’t make this distinction and simply says that if the father is a talmid chachom that it is prohibited for the son to accept the drink. That is because if he allows his father to serve him it seems that he is insulting the father’s Torah. Thus it seems according to the Shulchan Aruch that even if the father is forgiving of his honor and really wants to serve his son, even so if the son accepts the drink the father would be insulted. This is in according with the text of the gemora here. This matter in my opinion requires great study and it is an astounding innovation. (Look at the Birchei Yosef in the name of the Pri Chodosh that he should not accept even if the father is very insistent). Perhaps this is true only if this is done on a regular basis then we should be concerned that once in a while he might be insulted. It would follow that it is always prohibited to accept service from a talmid chachom because of the possibility that he would be insulted when someone accepts his offer. In other words even if the talmid chachom really wants to be of serve it would be prohibited to accept the offer just as it is here concerning a father who wants to provide service. Nevertheless the Shulchan Aruch rules that it is prohibited unless you want to conclude that it is only prohibited if it is done on a regular basis. This matter requires further thought. That is of course referring to any Torah scholar who wants to serve others but a student who wants to serve – it a is mitzva to accept as in mentioned in Chazal.

Cherem R Gershom & Remarriage - Rav Sternbuch 3:416

Dor Yeshorim - Wall Street Journal interview


Rabbi Josef Ekstein, who had four children die of Tay-Sachs disease, a fatal neurodegenerative condition, founded a program called Dor Yeshorim to screen people and create a database with the test results while providing participants with anonymity. Young people—typically from age 17 to their early 20s—who get tested are assigned a personal identification number and birth date without the year. The program screens for nine conditions common among Ashkenazi Jews—those who can trace ancestry to Central and Eastern Europe—and the information is kept in a database by Dor Yeshorim, which means "upright generation" in Hebrew.

How much to reveal to people remains a contentious issue in the gene-testing field. Some geneticists argue that scientists still have no grasp of most gene mutations' relevance, and that sharing information whose meaning is uncertain is potentially harmful. In some cases, people might endlessly worry or alter their lives because of a mutation for which there is no effective treatment or that turns out to be benign; others may ignore medical advice because genes show they aren't predisposed to a particular condition, even though screening can't rule out the possibility a disease will develop.

Yaniv Erlich, a geneticist at the Whitehead Institute in Cambridge, Mass., who works with Dor Yeshorim on research projects, says the group's decision to share only what it considers "actionable information" is a stance taken by many geneticists. What's unusual is that, in this case, "the marriage is the actionable information," he says.

Still, researchers believe that while risk can be lowered, it can never be completely eliminated. In genetics and love, says Edwin Kolodny, professor emeritus in neurology at New York University Medical Center and chairman of Dor Yeshorim's medical advisory board, "Marriage in most situations remains a lottery where we just take our chances."

Friday, July 6, 2012

Classical example of false ma'us ali claims

Higgs Boson - who cares?



Alleged rapist working in Brooklyn Yeshiva - Background check?

NY Daily News   Moshe Pinter, 28, was arrested and charged with a trying to molest a 13-year old boy in 2007, but pled down the top felony charge to a misdemeanor child endangerment offense after the victim declined to testify against him, according to court records and sources.

Pinter was sentenced to three years of probation, but was not barred from working with minors.

For the past year Pinter has been working at Ohr Hameir Yeshiva in Borough Park chaperoning Hasidic teens on weekend getaways while parents had no idea of his criminal past - which also includes two theft convictions.

Child victim advocates said the case highlights the need for private schools to be legally obligated to run fingerprint and background checks on employees and for Brooklyn District Attorney Charles Hynes to publicize the names of convicted perpetrators in the Jewish community.

Debate over drafting Chareidim & Arabs

NY Times  On one level, the questions shaking the Israeli political system this week are pragmatic: how many ultra-Orthodox men and Arab citizens should be drafted into the military or national service, over how many years and how should those who resist be penalized? 

But the debate over these details masks a more fundamental and fractious one about evolving identity in this still-young state, where a “people’s army” has long been a defining principle, and about the growing cleavage among its tribes. 

That is what has brought Prime Minister Benjamin Netanyahu’s broad unity coalition to the brink of collapse in recent days, with an Aug. 1 deadline looming to replace a law providing draft exemptions to thousands of men studying in yeshivas that the Supreme Court deemed illegal in February. 

“What’s at stake is two cultures, two civilizations,” Professor Stern added, referring to the ultra-Orthodox, known as Haredim, and other Jews here. “These two civilizations used to live in some kind of peace because each one thought that the other is going to disappear eventually. Nowadays I think everybody realizes that the two camps are here to stay, and we have to decide what will be the identity in the public sphere.”

Victim who Assaulted Molester Priest - Acquitted

CNN A California jury Thursday acquitted a man charged with assaulting a retired Catholic priest, in a case that prosecutors had described as a vigilante attack.