Thursday, August 10, 2023
Rav S. R.Hirsch - we can't emulate great men who are portrayed as flawless
Rav Moshe Feinstein - untrue story being circulated
UPDATE:
I called the rav this morning ( Oct 4). He is truly an ish emes. He said he had heard directly from Rav Bluth that Reb Moshe hadn't looked in sefer for 20 years, I told him Rav Bluth denied it. He immediately called Rav Bluth and was told he had misunderstood him. Rav Bluth told him that Reb Moshe was not constantly looking in a sefer but was constantly writing but he did use seforim to look up issues. The rav called me back to explain his error and said he would publicly announce his error today in shul after mincha. I was astounded that the rav was so focused on emes and the effort to correct what seemed a relatively minor issue (though important to understand the derech of psak of Rav Moshe Feinstein) , he said the Chazon Ish and others said to be careful to tell the precise truth about gedolim. He thanked me for informing him of the error.
This passion for the truth that this rav demonstrated is the foundation of emunas chachomim. We presume that our sages have such a concern for truth. However if we see in otherwise - there is no mitzva to be stupid. Emunas chachomim is not a synonym for intellectual laziness and lack of concern for reality.
They are trying to make it illegal to question the results of a bad election.”
The Aug. 1 federal indictment against Donald Trump over efforts to subvert 2020 election results said the former president "had a right, like every American, to speak publicly about the election" and make false claims. It says Trump also was entitled to challenge the results lawfully through recounts, audits or lawsuits.
Trump was indicted for his actions, not for questioning the election.
Guest posts request
Anyone can submit a guest post describing the impact of blogging and blogs on a personal or community level. I will post them to see how they are received and then will possibly include them in my selections from the 15 years of the Daas Torah Blog
Pseudonyms can be used. They need to be submitted within next two weeks
Haredi minister condemns family who cursed IDF soldier
https://www.israelnationalnews.com/news/375312
Construction and Housing Minister Yitzhak Goldknopf (United Torah Judaism) on Wednesday morning published a statement responding to footage showing a haredi family cursing female IDF soldiers on a train.
"Anyone who humiliates another person in public has no share in the World to Come," Goldknopf said, emphasizing that this refers to "any Jew, no matter who he is."
"Even IDF soldiers are included in this rule," he added. "I condemn this behavior, which does not represent the Torah-observant community."
Wednesday, August 9, 2023
R Elchonon Wasserman: An Amora had the potential right to disagree with a Tanna
from Daas Torah - translation copyrighted
Rav Elchonon Wasserman (Kovetz Shiurim Bava Basra 170a #633): Rav said that the halacha is neither that of R’ Yehuda nor of R’ Yochanon. The Rashbam said that Rav was considered a Tanna and thus could disagree with other Tanaim. However Tosfos (Kesubos) says that R’ Yochanon disagreed with this halacha and since we have a rule that in a dispute between Rav and R’ Yochacon that we rule in accord with R’ Yochanon that means that Rav is not viewed as a Tanna and thus cannot argue with Tannaim. But this presents a question. How can it be that Rav is disagreeing with the Mishna here? This question I asked my teacher R’ Chaim Brisker and he answered, “That in truth an Amora has the right to disagree with a Tanna. This that we regularly find the Talmud rejecting the views of an Amora by simply showing that a Tanna rejects it – that is because as a general rule an Amora did not disagree with a Tanna. So if the Amora only knew the view of the Tanna we assume he would not disagree with it. However where we see that an Amora explicitly disagrees with a Tanna it is possible that the final halacha is in agreement with the Amora.” : …There is a major innovation proposed by the Ramban (Bava Basra 131a). He says the Talmud brings a refutation to an Amora from a Tanna – only when the words of the Tanna are taught in the Mishna or Braissa – but if it is just quoted by the Talmud it is possible to disagree with the words of the Tanna. We also find this view recorded in the Shita Mekubetes in the name of Rabbeinu Yona, “Even though it is not normal for an Amoraim to disagree with Tannaim – but that is only when the view of the Tanna is found in a Mishna or Braissa.” This appears true from the language of Gittin (42), “This is only a quote of his views and Rava doesn’t agree with it.” Rashi explains that it is a view stated in the Talmud but was not found in a Mishna or Braisa. It would seem that the reason for this distinction is that Mishna and Braissos were redacted and approved by all the Sages of the generation… In contrast a view quoted by the Talmud simply represents view of the Tanna himself. Thus we see that the distinction is not between Tannaim and Amoraim but Mishna and Braissa versus a cited view of a Tanna…
R. S. R. Hirsch: Dangers of losing grasp of G-d's personality is worse than dangers of corporality
Misunderstanding Rashi: Punishment of family is mida keneged mida
Just received the following nasty put down regarding a recent posting regarding the Divine punishment of those who could but don't protect the helpless against molesters and abusers (Shemos 22:21-23) There are those who have eyes and don't see and brains but fail to understand.
DF has left a new comment on your post "Rashi indicates one's children are punished for no...":
I dont think've I seen a more dishonest heading for a blog post -on a blog purportedly run by a frum man, that is - than this one. Rashi's comment has nothing to do with molestors. As a man with a hammer sees a nail everywhere, your unhealthy obsession with molesters leads you to see references to them everywhere.
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You clearly missed the point of Rashi's commentary.
Let me explain what Rashi is saying. The Torah is explicity saying that a man who allows widows and orphans to be tormented with be punished by being killed by G-d and thus his wife will become a widow and his children orphans. It is not enough that he be killed but his family must suffer too.
This is mida keneged mida. He failed to protect widows an orphans so he is punished that his wife and children suffer in the same way.That is the lesson of this verse according to Rashi.
In addition Rashi accepts the view of R' Yishmael that this verse is not limited to widows and orphans - but it includes all those who are weak and defenseless.
So what is the mida keneged mida for one who fails to protect a child from being molested? Is it enough that his wife is made into a widow and his children orphans? But how is the mida keneged mida aspect fulfilled? The punishment must be directly linked to what their father and husband failed to do.
I think it is reasonable to deduce from this Rashi that his wife and children will be put into situations that they suffer that which he failed to protect others from.
Similarly in all cases of the torment of the weak and unprotected - his family deserves suffering the indignity that he failed to protect others from.
This is simple pshat
Shut HaRid: Basis of authority - midgets standing on giants
Daas Torah: Divrei Chaim claimed heretic mislead gedolim to write that they agreed with him
Divrei Chaim (Y.D. #105)... Thus we see that ruach hakodesh and the agreement with Gd never stopped from the sages who were deserving of this ability. This is also clear from the statement of Rav Pinchas ben Yair (Avoda Zara 20b). And this that is says in Sotah (48b) that after the days of the Prophets that ruach hakodesh was taken away – that means the ruach hakodesh of prophesy but not the ruach hakodesh of intellect and the ability to have one’s intellect be in agreement with the halacha that was given to Moshe at Sinai or Rav Avesar - that never stopped. Only a heretic denies this. And this that he claims that contemporary gedolim have written that ruach hakodesh has totally stopped – I don’t believe that such a statement would be issued by our gedolim. Who knows what this disgusting deceiver wrote them. The truth is that even in our days there is to sages of the truth - who are not influenced in the slightest by the material – ruach hakodesh as is explained in Moreh Nevuchim (2:36) and the Ramban explicitly.
Gedolim are not infallible - and this should be obvious but unfortunately is not
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Regarding the possibility of deceiving gedolim and the fact that they are not infallible - this should be obvious. In fact this was stated by the spokesman for the Aguda - Rabbi Shafran available on Wikipedia and other places
Rabbi Avi Shafran, the spokesman for the American Hareidi organization Agudath Israel of America, explains the concept as follows:
Da'at Torah is not some Jewish equivalent to the Catholic doctrine of papal infallibility. Not only can rabbis make mistakes of judgment, there is an entire tractate of the Talmud, Horiut, predicated on the assumption that they can, that even the Sanhedrin is capable of erring, even in halachic matters.What Da'at Torah means, simply put, is that those most imbued with Torah-knowledge and who have internalized a large degree of the perfection of values and refinement of character that the Torah idealizes are thereby rendered particularly, indeed extraordinarily, qualified to offer an authentic Jewish perspective on matters of import to Jews - just as expert doctors are those most qualified (though still fallible, to be sure) to offer medical advice.[1]
Rabbi Bechhofer has written a fascinating article regarding the deception of gedolim concerning a forgery of the Yerushalmi.
available here
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The Talmud Yerushalmi on Kodashim
Rabbi Yosef Gavriel Bechhofer, Editor Or Shmuel, Rosh Kollel, Frumi Noble Night Kollel of Hebrew Theological College.
It seems clear from the Rishonim that they had access to the Talmud Yerushalmi on Seder Kodashim, In the introduction to his commentary on the Mishnah, the Rambam states explicitly that on the first five sedarim, both the Talmud Bavli and Talmud Yerushalmi are extant. During the course of time, however, the Yerushalmi on the entire seder of Kodashim was lost, and for several hundred years no manuscript on this seder was known to exist. (See the introduction of Rabbi Mordechai Zev Segal of Lvov to the Zhitomer [1866] edition of the Talmud Yerushalmi.)
In the year 1907, however, a mysterious person suddenly appeared in Hungary, calling himself Rabbi Shlomo Yehuda Algazi-Friedlander. Rabbi Algazi-Friedlander j published what he claimed to be the Yerushalmi on tractates Chullin and Bechoros, thus instigating a battle royal amongst the Gedolei Hador. A personal account of this chapter in the history of the Talmud was written by Rabbi Yekusiel Yehuda Greenwald of Columbus, Ohio, and printed in the Sefer Hayovel of HaPardes (1953), Here is a synopsis of the story,
Daas Torah: Ramchal - knowledge obtained through ruach hakodesh is infallible
Of course - this means that theoretically that gedolim can make mistakes - however it also clearly means that at least some of their statements are infallible. It is because of this claim that gedolim have ruach hakodesh - that is is considered presumption for a non-gadol to question the statements or deeds of a gadol. It is obvious that while this is a wide spread contemporay belief - it is hand has not been universal. For example the Ravad asserted that he was correct in a halachic dispute because he had ruach hakodesh. This did not stop the Ramban and others from disagreeing with him. In fact the Chasam Sofer says that the basis of all knowledge is ruach hakodesh and that is why we make a beracha on a wise non-Jewish intellectual.
Rav Dessler - Daas Torah means not only total obedience but an inability to judge gedolim
Chasam Sofer: Sanhedrin is not protected against error
Chasam Sofer (Choshen Mishpat #191): The Sifri concludes, “Even if the Sanhedrin tells you that right is left… and surely if they tell you that right is right and left is left [you must obey them].” This doesn’t seem to consistent. What is the second part which starts with, “and surely”? The Zakein Mamre (rebellious judge) is asserting that what he considers right is truly “right” and that the position of the majority of the Sanhedrin is “left” i.e., false. Therefore who is to determine that the second part is ,”and surely”? This seems to be a major difficulty. In fact, however, the clear explanation is as follows. The Zakein Mamre (rebellious judge) and his colleagues are major scholars who are in dispute with the Sanhedrin. And even though the Sanhedrin is composed of the leading Jewish authorities - who sit in G-d’s presence in His house (i.e., the Temple) - there is no necessity that their reasoning in this matter is true. In fact it could be that the Zakein Mamre’s understanding of the Torah verse is closer to the truth than theirs is. This is so even if they are more numerous and in general sharper in their thinking. On the other hand it is possible that in fact that the Zakein Mamre and his supporters number in the tens of thousands while the Sanhedrin can not be more than 71 people. Nevertheless Gd has decreed we must follow the scriptural understanding of the Sanhedrin in halacha since its source is no longer in Heaven. Therefore we don’t pay attention even to bas kol (voice from Heaven) or a prophet who claims to know the halacha in Heaven. Furthermore a prophet who claims prophetic knowledge of halachic is deserving of the death penalty for this crime of being a false prophet – since Gd would never provide a prophet vision of a halachic question. Even when Yehoshua ben Nun forgot thousands of halachos, they weren’t restored through prophecy but rather through the legal reasoning of Ozniel ben Kenaz. Besides who knows for certain that Ozniel ben Kenaz ascertained the truth through his reasoning? The understanding of man is transient in its understanding of Biblical verses as well as the reasoning of kal v’chomer and other midos. The fact is that legal authority is because Gd gave the Torah according to man’s understanding in order that there shouldn’t be an every growing number of unresolved disputes – [and not because the truth was necessarily ascertained]. Therefore Gd made the provision that if chas v’shalom the majority of Sanhedrin erred and permitted a substance which was actually prohibited and the people ate it – Gd would not count it as a sin. In other words since the Sanhedrin erred, the people did not commit a sin by eating the prohibited substance. Furthermore if the Zakein Mamre himself decided to be stringent and not eat this substance because of his original suspicions – even though in Heaven it is known that he was correct – he is deserving of death as the Rambam rules (Hilchos Maamrim 4). This punishment is deserved even if he merely refrained from eating the disputed substance. This law is very constructive in that it works to prevent unresolved disputes amongst the Jews. Consequently this Zakein Mamre should not have had the slightest concern about eating the substance that Sanhedrin had declared permitted – even if prior to the final ruling of Sanhedrin he was certain it was prohibited. Similarly if Sanhedrin declares a certain type of activity prohibited on Shabbos, he should not be concerned about his initial certainty that it was prohibited. In other words even if the Sanhedrin mistakenly tells you concerning a halacha which it is clear in Heaven [“right”] that it is the opposite of what they say [“left”] - their ruling is in fact correct [“right”]. That is because Gd accepts what they do even though it is mistaken in the objective sense. However there is an alternative explanation of the Sifri. We are to believe that what the Sanhedrin is saying is true [“right”] and that they have not erred. In other words we are to believe that they have ascertained the proper understanding of what Gd expressed in the Torah because Gd gave the Torah according to their understanding. Thus we see that both side are sincerely motivated to discover the truth. However if the Sanhedrin errs in their rulings then all Jews end up erring also – but it is considered that they had been forced. However this alternative explanation assumes that Gd guards his pious ones from erring and thus misleading the Jewish people – since they want to do Gd’s will. Now we can properly explain the second part of the Sifri, “and surely they must be obeyed when they say that the truly right is right.” The explanation of the Sifri according to this alternative explanation is that even when they had erred in ascertaining what the Torah mandates, nevertheless they would have discovered what appears to them to be the truth – and Gd would accept the validity of their erroneous decision. And surely we are to understand that they have in fact not erred and have correctly told us what the Torah actually mandates. Thus the alternative explanation is based on the assumption that the Sanhedrin is protected from error. However this second explanation is problematic since it is asserting infallibility. In other words the second explanation is saying that by nature man is capable of error, however the sanctity of the Temple prevents it. However this seems to be a violation of Torah not being in Heaven – since even a Bas Kol and even a prophet can not make halachic decisions. Therefore it would seem that the first explanation is better. Thus the Sifri clearly means that even if the Sanhedrin errs, Gd will not count it as a sin and thus Gd is not allowing the Sanhedrin to cause the people to sin. If you study the comments of the Ramban to Torah you will understand that he is also expressing this view. So while the Sanhedrin is forgiven when it makes an honest mistake, Gd forbid to say that they have the power to deliberately alter even the slightest matter. Such a view is that of the Sadducees and early heretics.