Saturday, July 29, 2023

Avoda Zara has power to help?

 אמת ליעקב פרשת ואתחנן (04:19

ונראה שיש כאן מחלוקת עיקרית ביסוד ענין עבודה זרה, דשיטת הרמב"ם בכמה מקומות היא דהעבודה זרה אין בה ממש כל עיקר ואין לה כח כלל, וכל המתפלל אליה ועובדה לא רק שהוא עובר על האיסור אלא הוא גם מבזבז זמנו לריק ולשוא, אבל דעת הרמב"ן היא שהקב"ה הטביע בטבע העולם שכל אומה יש לה משפיע משלה בעולמות העליונים והוא יש לו כח מסויים שיכול להשפיע על אומתו כל זמן שאין הדבר נוגע לישראל [דהרי אין מזל לישראל], אלא איסור עבודה זרה שנצטוו בה האומות הוא שאסור להם להתפלל למשמש הזה כי הרי כל כוחו נובע ממה שהטביע בו הקדוש ברוך הוא, ולכן התפילה והעבודה צריכה להיות לאלקי האלקים, כלומר להאלו־ה שהוא ממעל כל האלהים, ולכן צריכים להתפלל להקב"ה עצמו ולא לעבד שלו, אבל ודאי אם עובדים את העבודה שלהם ומתפללים אליה זה משפיע עליו לעזור להם ויש ביכלתו לעשות כן, וזהו ביאור הפסוק אשר חלק ה' אלקיך לכל העמים תחת כל השמים, והיינו שה' חילק לכל אומה אומה את השר והמשפיע שלה. 

Listen to gedolim and tzadikkim - even against the Torah - but not to a prophet

 Devarim (04:02)You shall not add anything to what I command you or take anything away from it, but keep the commandments of your G-d that I enjoin upon you. 

Rashi (Devorim 04:02)YE SHALL NOT ADD — For instance, to place five chapters in the Tephillin, to employ five species of fruit and plants in the fulfilment of the command of Lulab And to place five fringes on one’s garment. Thus, too, must we explain the following words ולא תגרעו, Ye shall not diminish [from it]" (Sifrei Devarim 82:4).

Ramban (Devorim 04:02) However, the prohibition against adding [to the Torah] by word of a prophet we derive only from the verse stating, These are the commandments, which establishes, “From now on, no prophet is permitted to originate anything [in the Torah].” Whatever [laws] the Sages have established in the nature of “a fence [around the Torah],” such as the secondary degrees of forbidden marriages — that activity of [establishing fences] is itself a requirement of the Torah, provided only that one realizes that these [laws] are a result of a particular fence and that they are not [expressly] from the mouth of the Holy One, blessed be He, in the Torah.

Vayikra (27:34)These are the commandments that G-d gave Moses for the Israelite people on Mount Sinai. 

Chizkuni (27:34)“these are the commandments;” no future prophet has the authority to either add to them or to cancel any of them. (Sifra)


Modern belief is that if a godol or tzadik tells you that something is halacha - it must be accepted even against a clear mesorah. This perhaps started with the belief that one can not disagree with the Chazon Ish.

Rav Moshe Feinstein: Can one disagree with the Chazon Ish & other gedolim


This view is still clearly alive. My son went to a major posek in Bnei Brak for a haskoma to his sefer. which he got but it included the caution "I can not agree with his halachic conclusions that result from his analysis because in many issues they conflict with the rulings of the Chazon Ish"

Similarly I have been criticized for disagreeing with the halachic views attributed to Rav Shmuel Kaminetsky and Rav Nota Greenblatt

In other words the view of gedolim must always be accepted while that of a prophet is disregarded if it goes against the halacha. 

Author Who Debunked RFK Jr. A Decade Ago Thinks His Candidacy Is ‘Pretty Depressing’

 https://www.huffpost.com/entry/robert-f-kennedy-jr-seth-mnookin-panic-virus-deadly-immunity-interview_n_64c137b7e4b0ad7b75fadc32

Describing his views as ‘controversial,’ I think, is dishonest. They’re not controversial. They’re false. He’s not spreading controversial views, he’s spreading lies. And so the framing matters enormously, and that’s something that I foresee being a huge, huge issue in the 2024 campaign.

Trump Handed Another Loss as Judge Dismisses His ‘Big Lie’ CNN Lawsuit

 https://www.thedailybeast.com/trumps-big-lie-cnn-defamation-lawsuit-is-dismissed?ref=home?ref=home

Donald Trump’s already-shaky defamation lawsuit against CNN officially flopped Friday, with the federal judge he appointed dismissing the case despite his pleas the network had associated him with Adolf Hitler.

Friday, July 28, 2023

Do Florida school standards say ‘enslaved people benefited from slavery,’ as Kamala Harris said?

 https://www.politifact.com/factchecks/2023/jul/24/kamala-harris/do-Florida-school-standards-say-enslaved-people/

The Florida Board of Education set new social studies standards for middle schoolers July 19.

In a section about the duties and trades performed by enslaved people, the state adopted a clarification that said "instruction includes how slaves developed skills which, in some instances, could be applied for their personal benefit."

Experts on Black history said that such language is factually misleading and offensive.

'Sound of Freedom': Why is this surprise box-office hit causing controversy?

 https://www.today.com/popculture/movies/sound-of-freedom-movie-controversy-rcna95992

The film portrays children being snatched and kidnapped by strangers. While this can certainly happen, it’s a myth that most traffickers “target victims they don’t know,” according to Polaris, an organization that operates the U.S. National Human Trafficking Hotline. 

In fact, “many survivors have been trafficked by romantic partners, including spouses, and by family members, including parents,” Polaris notes.

In a recent Rolling Stone interview, Erin Albright, an attorney with extensive experience in the anti-trafficking field, called the movie’s portrayal of trafficking “sensational” and said it perpetuates unhelpful and even harmful myths.

Albright argued that when popular movies promote the narrative that trafficking involves forceful kidnapping and imprisonment, it makes it harder for people to grasp more complex trafficking cases, such as cases of coercive control or psychological manipulation.

Kooky, crazy, dangerous': the truth about 'Sound of Freedom' and star Jim Caviezel

Supreme Court striking down reasonableness bill 'uncharted territory,' PM says

 https://www.israelhayom.com/2023/07/28/supreme-court-striking-down-reasonableness-bill-uncharted-territory-pm-says/

"We had to put Israeli democracy back on an equal footing with other democracies. The essence of democracy is the balance between the will of the majority and the rights of the minority. This balance has been violated over the last 20 years, because we have the most activist court on the planet," Netanyahu said.

Five revelations from new Trump charges

 https://thehill.com/regulation/court-battles/4124168-revelations-from-new-trump-charges/

Federal prosecutors’ superseding indictment against former President Trump in his classified documents case on Thursday has brought to light several new charges and revelations.

Thursday, July 27, 2023

Tish‘ah be-Av and the Agunah Problem by Rabbi Shalom C. Spira

    The Gemara, Ta‘anit 30a, prohibits most areas of Torah study on Tish‘ah be-Av. One of the few permitted exceptions, as identified by Mishnah Berurah, Orach Chaim 554, se’if katan 3, is the passage in Gittin 55b-58a regarding the Temple destruction. The conclusion of that passage – an exposition of Micah 2:2 – is interpreted by Maharsha (Chiddushei Aggadot) as declaring that if even one husband is wrongfully pressured to divorce his wife [in violation of Exodus 20:14] or if even one marriage is poisoned by adultery – then the entire Jewish People is held accountable to collectively protest. Thus, it emerges that Tish‘ah be-Av is a time to reaffirm our commitment to the sanctity of marriage – and to eschew half-baked solutions to the agunah problem – as I previously wrote at <http://daattorah.blogspot.com/2023/01/the-legacy-of-rabbi-feivel-cohen-vis.html>.

      R. Simchah Rabinowitz, Piskei Teshuvot al Mishnah Berurah Chelek Shishi, points to another exception presented by Mishnah Berurah, this time in se‘if katan 5. Where a halakhic verdict is urgently needed on Tish‘ah be-Av for a sick patient or for litigants in a monetary dispute (who cannot wait until tomorrow), a decisor may study the case as is necessary to provide immediate guidance. Rabbi Rabinowitz explains that this is what justified R. Shalom Mordechai Schwadron, Teshuvot Maharsham, I, no. 84, to formulate a responsum on Tish‘ah be-Av to permit an agunah to remarry. Indeed, Rabbi Schwadron concludes that responsum by citing Bach to the effect that rescuing an agunah is a spiritual achievement equivalent to rebuilding one of the ruins of Jerusalem. 

            Upon careful reflection, it emerges that there is no contradiction between the aforementioned Maharsha and Maharsham regarding the agunah-problem message of Tish‘ah be-Av [and, poetically enough, their works carry almost identical names]. Where the Oral Torah declares that an agunah can remarry, such as the case of Maharsham in which he discovered sufficient circumstantial evidence to presume the first husband to be dead, then it is indeed a great mitzvah to enable this remarriage. But where the first husband is demonstrably both alive and innocent of any wrongdoing, then Maharsha directs us to respect that first (and only) marriage. 

For this reason, R. J. David Bleich, responding to the 1992 New York Get Law [a well-meaning but unfortunately less-than-successful attempt to solve the agunah problem], comments as follows [available at <https://traditiononline.org/communications-86/> ]:



                "Regrettably, instead of serving as a panacea resolving the plight of the agunah, the Get Law has itself                      created countless agunot. It is precisely because of concern for agunot that the Get Law cannot                       be allowed to stand."


In other words, we must always take into consideration the Maharsha vs. Maharsham dichotomy, thereby distinguishing true from imagined solutions to the agunah problem. That is why my own prenup proposal [available at <http://www.scribd.com/doc/176990434/Prenuptial-Agreements>] contains a clause shielding the husband and wife from any secular court that might wreak havoc with a get


Continuing on this theme, I would like to highlight my recent exchange with R. Heshey Zelcer in Hakirah Vol. 28 (Spring 2020) [available at <https://hakirah.org/Vol28Letters.pdf>] regarding the [once again well-meaning] Yashar Prenup. I hypothesize that the poskim who are advertised as supporting this prenup (R. Moshe Sternbuch, et al, be-mechilat Kevod Toratam) innocently glossed over paragraph 16 of the agreement, which states as follows: 

 

           “At the initial session, Beth Din shall outline the issues between the Parties and make a            determination of the interim payments necessary to ensure that the lifestyle of the un-                                emancipated children of the household (if any) can be maintained, and that they can continue            to attend yeshiva.” 

 

 Rabbi Sternbuch et al do not raise an objection to this paragraph, presumably because it does not explicitly require the husband to pay the wife until he grants her a get. However, as one can discern from the aforementioned Hakirah exchange, Rabbi Zelcer effectively interprets this clause to in fact mean that the Beth Din will direct the husband to pay the wife until he grants a get. And so, the Yashar Prenup seems to present a problem that is essentially identical to that of the RCA prenup, the latter representing a prenup that Rabbi Sternbuch and others have identified would produce an invalid get. [See <https://hebrewbooks.org/60970>.] 

A careful examination of Rabbi Sternbuch’s letter of approbation for the Yashar Prenup [available at <https://yasharinitiative.org/docs/RabbiMosheSternbuch.pdf>] reveals that he is appreciative to the framers of the prenup for keeping the Jewish litigants out of secular court. However, Rabbi Sternbuch does not say that he permits charging the husband money until the latter grants a get, and – indeed – he could not permit such an innovation without contradicting what he wrote regarding the RCA prenup. [For a different perspective (than mine) on the Yashar Prenup, see Yechezkel Hirshman at <https://achaslmaala.blogspot.com/2023/01/prenups-xii-straight-dope-on-yashar.html>. Hirshman does not believe that the Yashar Prenup actually costs the husband any money, yet he concurs in practice (with me) to keep the proposal on ice. See there for his illuminating approach.] 

      

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

Wednesday, July 26, 2023

The Izbicer Rebbe and Freewill

 https://www.theapj.com/the-izbicer-rebbe-and-freewill-2/

What the Izbicer demonstrates is that it is possible for agents to be free, relative to the fiction that they live in, whilst wholly determined from a God’s eye view. On the other hand, the Izbicer admits that we can’t actually break out of our perspective to see the sense in which we are determined. Nevertheless, he holds that we sometimes get some sort of mystical glimpse; akin to the Wittgensteinian idea of having something shown to you that can’t be said. The sense in which we are free is very real and open to human comprehension. The sense in which we are determined is somewhat closed to us, just as it is closed, so to speak, to Hamlet. But, in order to illustrate this notion of a mystical glimpse, let me share an example that the Izbicer uses himself.[4]

Free will and marriage - Rambam

 Rambam (Shemona Perakim Perek 8) Men are, however, very often prone to err in supposing that many of their actions, in reality the result of their own free will, are forced upon them, as, for instance, marrying a certain woman, or acquiring a certain amount of money. Such a supposition is untrue. If a man marriesy a permitted woman legally, then she becomes his lawful wife, and if he does this for procreation  then he has done a mitzva. God, however, does not decree the fulfillment of a mitzva. If, on the other hand, a man has married a forbidden woman he has committed a sin. But God does not decree that a man shall sin.

Rambam (Teshuva #436): … For example the apparent contradiction to free will represented by the gemora which indicates that one’s spouse is predestined is to be understood as being dependent upon merit. In other words if this man or woman does a mitzva which gives them the merit of having such a spouse—then G‑d arranges that it happen that they marry each other. On the other hand if they so something which merits the punishment of having a marriage without peace and harmony—that will also occur…

Bashert - is your spouse chosen by G-d?

[Wikipedia] Bashert, (Yiddish: באַשערט), is a Yiddish word that means "destiny". It is often used in the context of one's divinely foreordained spouse or soulmate, who is called "basherte" (female) or "basherter" (male). It can also be used to express the seeming fate or destiny of an auspicious or important event, friendship, or happening.

From the following sources it is apparent that the concept is not clear. In fact someone went to Rav Aharaon Schecter about going ahead with a shidduch based on the fact that she was sure that the boy was her bashert. Rav Aharon responded, "there is no such thing". Obviously he was not disgarding the classic texts - but was simply saying the concept has no significance on a practical level. According to the following sources, even though they present the idea that your spouse is designated in Heaven - there is no guarantee that you will marry that spouse. Even if you do there is no guarantee that you will have a happy and fulfilling marriage. Shalom bayis is not related to marrying your bashert. Consequently it is a concept which should not have any significance either in determining whom to marry or whether to stay marry. If you fall in love with someone - that doesn't mean it is your bashert. If marry and find yourself strongly attracted to someone other than your spouse - it is not because this other person is your "true" bashert. The only significance I can think of is as a compliment or to calm anxiety about getting married.  

Just found this  from Rabbi Rabbi Pruzansky on the OU website
Many years ago, I heard Rav Ahron Soloveichik zt”l explain that bashert (in the Talmud’s language, bat ploni l’ploni) guarantees only one thing: Hashem arranges that you encounter that person. Bashert does not guarantee that you will marry that person, or that the marriage will be a happy and fulfilling one; those depend on our free choice and good middot (character traits). And even what we do after that initial encounter – pursue that person or ignore him/her; look for the good or obsess over flaws – also depends on our bechirah (free choice). As such, it is probably best to remove the bashert issue from our calculations, as it obfuscates instead of clarifies. It should remain in the realm of divine secrets to which we have no access, and which plays no role in our deliberations.

Sotah (2a): When Reish Lakish began talking about the Sotah (suspected adulteress) he asserted that a person only marries a woman according to the nature of his deeds… R’ Yochanon said that it is as difficult to make a couple as splitting the Sea… But this can’t be true since Rav said that 40 days before the creation of an embryo a Heavenly voice (bas kol) proclaims that a particular woman is to marry a particular man, that a particular house and field is to belong to a particular person? The resolution of this contradiction is that the announcement of the bas kol applies to the first marriage while the matching according to deeds refers to the second marriage.

Mo'ed Koton (18b):  Shmuel said that it is permitted to get engaged during Chol HaMoed because if it were required to wait until after the Yom Tov a rival might get engaged to her first… But did Shmuel say that we are worried that another might engage her -  because Shmuel has said that every day a Heavenly voice announces which man will marry which woman?...While it is true that one’s spouse is predetermined but it is possible that a rival will get engaged to her by means of prayer. For example Rava once heard a man praying for a particular woman. Rava told him not to pray in this manner since if she is his predestined wife there is no need to pray for her. However if she is not his predestined than he is going against Providence. Later he overhead him praying that either she should die  or that he should die before she marry another man [he didn’t want to see her marrying another man – Rav Menashe Klein]....Didn’t I tell you not to pray to marry a particular woman? There are proofs to my assertion from Torah, Neviim and Kesuvim that G‑d determines which woman a man should marry. From the Torah: Then Laban and Bethuel answered and said, The thing is from G‑d (Bereishis 24:50). From Neviim: But his [Samson's] father and mother knew not that it was from G‑d (Shoftim 14:4). And from Kesuvim: House and riches are the inheritance of fathers, but a prudent wife is from G‑d (Mishlei 19:14).

Sefer Chasidim (#521): Reuven arranged that Shimon should marry his daughter. However Shimon violated his promise and did not marry her. Even though Reuven’s daughter was embarrassed by this affair Reuven should view that it is for the good. The fact that Shimon married another woman indicates that the second woman was divinely decreed for Shimon. If Shimon had actually married Reuven’s daughter [when she was not intended for him] she would have had to die so that Shimon could marry the other woman. Therefore Reuven should not be upset and fight with Shimon because he broke the engagement. Reuven should not even look depressed since all marriages are determined by G‑d.

Rambam(Teshuva #436): … For example the apparent contradiction to free will represented by the gemora which indicates that one’s spouse is predestined is to be understood as being dependent upon merit. In other words if this man or woman does a mitzva which gives them the merit of having such a spouse—then G‑d arranges that it happen that they marry each other. On the other hand if they so something which merits the punishment of having a marriage without peace and harmony—that will also occur…

Akeidas Yitzchok (#8): [Sotah (2a)] Rabbah bar bar Channa said that matching husband and wife is as difficult as the Splitting of the Sea. In other words just as the Splitting of the Sea is a miracle against the normal pattern of nature in order to reward or punish the actions that man does with free will—so G‑d alters other processes of nature or mazal. Thus a person’s spouse is a reward or punishment that is deserved according to his deeds. No intelligent man has the slightest doubts about this principle. However it seems to be a complete contradiction to the statement of our sages that forty days before the embryo is formed that a Heavenly voice announces who he will marry. How is it conceivable that one’s spouse is determined at time of birth and that no subsequent can improve or worsen the situation? … . However the explanation is that the terms first and second marriage are not meant literally but are referring to two different types of marriage. The first marriage is that which is determined entirely by natural factors and is called first marriage simply because nature precedes deed. However the main marriage is the one that is deserved as a consequence of deeds. It is called here the second marriage because it is the second type of marriage that results from the person’s own behavior and development. Thus we see that marriage is not something which must happen according to predetermination—but man always has free will to do as he chooses…

Ran (Moed Koton 18b):Even though it has been decreed by Heaven which woman a person should marry, it is possible someone else will marry her because his prayers will be accepted. But eventual the wrong person will die or she will be divorced from him and she will marry the proper one

Zohar(1:91b): [Soncino translation] Note that all the figures of souls that are to be born stand before God in pairs, and afterwards when they come to this world God mates them. R. Isaac says: God announces, The daughter of so-and-so for so-and-so. R. Jose said: How can that be, seeing that, as the Scripture tells us, there is nothing new under the sun? R. Judah said: It is true that God creates nothing new under the sun; but this is done above. R. Jose further asked: Why is there a proclamation, seeing that, as we have been told by R. Hizkiah in the name of R. Hiya, a man's wife is assigned to him at the very moment when he is born? Said R. Abba: Happy are the righteous whose souls are beatified before the Holy King before they come into this world. For we have learnt that when God sends souls into the world they are formed into pairs of male and female, and thus united are placed in the hands of an emissary who has charge of conception, and whose name is Night. After that they are separated, and subsequently taken down among mankind (not always both at the same time). When their time of marriage arrives, God, who knows each spirit and soul, joins them as at first, and proclaims their union. Thus when they are joined they become one body and one soul, right and left in unison, and in this way there is nothing new under the sun. You may object that there is also a dictum that a man only obtains the wife he deserves. This is so, the meaning being that if he leads a virtuous life he is privileged to marry his own true mate, whose soul emerged at the same time as his. R. Hiya asked: Where should a man of good character look for his soul-mate? He replied: There is a dictum that a man should sell all his property in order to obtain in marriage a daughter of a scholar, for the special treasure of God is deposited with the learned in the Torah. We have also learnt in the esoteric Mishnah that one whose soul is a second time on earth can through prayer anticipate another in marrying a woman who is really destined for him; this is the meaning of the warning of the colleagues, it is permissible to affiance a woman on the festival, lest another through prayer anticipate him; and they were right. The word another is used significantly; and it is for this reason that marriages constitute a difficult task for the Almighty, for in all cases the ways of the Lord are right (Hos. XIV, 10). R. Judah sent a question to R. Eleazar. I know, he said, about marriages in heaven, but I would like to ask, from where do those whose souls are a second time on earth obtain their mates? The reply R. Eleazar sent him was this: It is written: How shall we do for wives for them that remain? (Jud. XXI, 7), and again, and you shall catch every man his wife, etc. (Ibid. 21). This story of the Benjaminites shows us how it can be done, and hence the dictum lest another anticipate him through his prayers”Said R. Judah: ‘No wonder we say that marriages constitute a difficult problem for the Almighty! Happy the lot of Israel who learn from the Torah the ways of God and all hidden things, and even the most secret of His mysteries! “The Law of the Lord is perfect”, says the Scripture. Happy the lot of him who occupies himself with the Torah without cessation, for if a man abandons the Torah for one moment, it is as if he abandoned eternal life, as it says, “For it is thy life and the length of thy days” (Deut. XXX, 20), and again, “For length of days and years of life and peace shall they add to thee” (Prov. III, 2).’.

Pro and anti-reform protestors savor a moment of unity - editorial

 https://www.jpost.com/opinion/article-752288

Suddenly, as the two sides headed in different directions, something beautiful happened: People began reaching out across the divider and shaking the hands of those passing on the opposite escalator. It was recognition that no matter what political path they follow, there is still a need for respect and recognition of what we all share.