Monday, May 3, 2021

Rambam Kiddushei Kesef is divrei sofrim?

 Rambam (1:144 Pe’er Hador) Why is marriage through money described in Mishne Torah (Ishus 1:2) as divrei sofrim (rabbinic) while intercourse and document are described as being from the Torah because  in fact all three are learned from the Torah? The answer in brief is that I have a sefer in Arabic concerning the number of mitzvos, It consists of 14 chapter dealing with major principles dealing with the counting of the mitzvos.  It is needed to be understood first in order to be aware that your question is mistakened as is the counting of mitzvos by everyone besides me up until the present time. I explain there that not everything that is learned from a hekesh or kal v’chomer or gezera shaveh or one of the 13 hermeneutic rules has the status of a Torah mitzva unless our Sages indicate that it has Torah status and this is also true of what is called Halacha L’Moshe M’Sinai. . In other words a mitzva has the status of Torah only if it is explicitly in the Torah or our Sages indicate that it is from the Torah. Intercourse is obviously from the Torah while both money and document are learned from drash so why do I only state that money is divrei sofrim? We see in the discussion in the gemara (Kiddushin 9b) that marriage through document is treated as a Torah obligation since an engaged maiden who was married through document is liable to the death penalty if she was unfaithful. 

Rashi (Kesubos 3a) I heard all my teachers explain that marriage through money is only a Rabbinic decree. But it is impossible to say such a thing, because it is in fact learned from a gezera shaveh from a Torah verse (Kidushin 2) which is equivalent to learning from an explicit verse. Furthermore if marriage is only Rabbinic, ‘how could it result in the punishment of stoning and cause an unsanctified sacrifice being offered in the Temple if adultery is not intentional. 

 Rashi Gittin (33a) I received the ruling from my teachers that marriage with money is only rabbinc since is not stated explicitly in the Torah but is learned from kicha kicha of the field of Ephron

Tashbatz (1:1) Many people think  that the Rambam's statement that marriage through money is Rabbinic because he accepted the view of Rashi’s teachers as Rashi notes in Gittin (33a) but that is not so. We know that the Rambam himself wrote a tshuva that explains it and further more Rashi already refuted that view. Noting that something learned from a gezera shaveh has a Torah status.  

 Lechem Mishneh (Ishus 1:2) And with money which is Divrei Sofrim. The reason the Rambam said this is because whatever law learned by the 13 hermeneutic rules is called Divrei Sofrim as he wrote in his Sefer Hamitzvos. However this answer is problematic since document is not explicit in the Torah so why isn’t it also described as Divrei Sofrim? The Rambam addressed this question in a tshuva cited by the Ramban regarding counting the mitzvos.  He answers that document is clearly a Torah law as is seen in Kiddushin (9a)

Kesef Mishneh (Ishus 1:2) A woman is married in three ways by intercourse or document which are Torah methods while the third – money is rabbinic. This ruling of the Rambam is problematic, How could he write that money is only Rabbinic since it is learned from the Torah by gezera shaveh? It is known that what ever is learned by one of the hermeneutic rules is a Torah law.  I found that the Remak testified that the Rambam himself corrected this text to read that all three were from the Torah. I found a similar claim by the Rambam’s son. Nevertheless it seems to me that is not correct based on the fact that the Rambam wrote in the third chapter of Mishneh Torah and what he wrote in his Sefer Hamitzvos.  The reason that the Rambam wrote that it was divrei sofrim is explained in his Sefer HaMitzvos in shoresh 2 that laws not stated explicitly in the Torah are called Divrei Sofrim this concept also is stated in Sanhedrin (88) that something not stated explicitly in the Torah is called Divrei Sofrim – even though it is considered a Torah law. Rashi (Kesubos 3) states a similar idea.

After Meron calamity, Haredim question the price of their own autonomy

 https://www.timesofisrael.com/after-meron-calamity-haredim-question-the-price-of-their-own-autonomy/

The story of the Meron disaster cannot be divorced from this larger story of Haredi autonomy, from the Haredi habit of establishing facts on the ground that demonstrate their strength and independence, and then crying “persecution” when those steps are challenged.

 

Sunday, May 2, 2021

Jim Acosta tears into debunked Fox News 'nothingburger'

Did Sean Hannity use an antisemitic trope in 'Bolshevik Bernie' tweet?

 https://www.jpost.com/diaspora/antisemitism/hannity-hit-with-antisemitism-allegation-after-bolshevik-bernie-tweet-666866

 Fox News host and right-wing media personality Sean Hannity received a wave of criticism on Friday night after tweeting an article from his website which users have argued features an age-old antisemitic trope.

 Hannity tweeted the headline of the article, titled "BOLSHEVIK BERNIE: Sanders Says Dems Just ‘Beginning to Create an Economy That Works For All,’" which covers Vermont Sen. Bernie Sanders' response to US President Joe Biden's first address to a joint session of Congress, wherein the president laid out his vision for the coming years.

As families bury their dead, recriminations begin over deadly crush at a religious festival in Israel

https://edition.cnn.com/2021/05/02/middleeast/israel-crush-funerals-blame-intl/index.html 

 Levi told Channel 13 News he blamed the leaders of the mostly Hassidic sects that take part in the Lag B'Omer festival, along with their political representatives in government, for running what he described as "a mafia" that controlled the festival site.

"This mountain is strange. It is supposed to be clean and religious when it is in fact it is corrupt in the full sense of the word," he said.
 
In a growing indication that the tolerance many Israelis feel is shown towards the ultra-Orthodox might be slipping, the Israel Defense Forces (IDF) has spoken out about the abuse it said its female soldiers received as they took part in rescue and recovery efforts at the festival site.

Former police leaders: Establish Meron commission of inquiry

 https://www.israelnationalnews.com/News/News.aspx/305397

 According to them, "The Mount Meron incident is not the domain of the Israel Police alone. It involves other security officials, government ministries and other authorities, both in staff work processes and in the decision-making process, with the division of responsibilities between bodies for planning, management and execution in complete blindness."

 "There must be an in-depth and secret investigation of all the bodies involved in this incident and the like and especially to prevent a similar disaster in the future. There is no option but to establish a state commission of inquiry as soon as possible," they added.

The former senior officials stressed, "The Israel Police and its people have in the past dealt with commissions of inquiry that have been appointed to investigate alleged failures, and despite the difficulties, the Israel Police has always come out strengthened."

IDF: Female soldiers who came to rescue in Meron were attacked

 https://www.jpost.com/israel-news/female-soldiers-who-came-to-rescue-in-meron-were-attacked-idf-666922

The female soldiers, who came to rescue and evacuate those who were wounded, were attacked verbally and physically.

 

'You can't move a stone at Meron without facing Hassidic opposition'

 https://www.ynetnews.com/article/SJuXYhovu

 

Former head of the regional council where Mount Meron is located tells Ynet he for years tried to eliminate the dangers at the location, but religious groups use government connections and corruption to have the place 'in a chokehold'

Chareidi lives matter

 After the terrible Miron tragedy, it is easy to find essays and articles pointing the main finger at the Israeli police. This article is different, though, since it discusses a complaint sent to the minister of interior affairs and the chief of police on the 19th of April, ten days before the Miron tragedy, stating that the Israeli police doesn’t care about the lives or welfare of Chareidi individuals.

 On ג׳ אייר , the 15th of April, A Chareidie teenager was beaten up on the light rail in Jerusalem. Now this happens from time to time, but this time the attacker put the video of the attack on the TikTok social platform, forcing the police to locate and prosecute the attacker.

Shmuel Marziano, a high ranking police officer, was asked by a radio station what the police were doing to protect the Chareidi Community from the recurring attacks by Arabs. He first said some political mumbo jumbo (the parents of the attacked boy handled it well, etc) and then said something really significant: The police view these attacks as childish pranks!

As a mother of children who frequently use public transportation in Jerusalem, I was no less then horrified from the flippant attitude towards my children’s lives. I sent a formal complaint (above) to the police,  the Ministry of Interior Affairs and the state comptroller. Obviously received no replies.

The tragedy in Miron has many parties to share the blame, but the final trigger was five policeman who  blocked the exit (Without blocking the entrance, of course..) because they had been told to arrange the people in “Capsules” due to covid19. Survivors say (and there are videos to support this) that people cried to them “We are dying!”, but were disregarded. Only when people directly in the policemen’s line of vision started dropping dead; did they open the blockade, but by then it was too late. They tried their best to help once they saw people dying with their own eyes, but by then it was too late.

How could such a thing happen? How can policeman hear people saying they are dying and continue to robotically obey orders and let people die?

The answer is very simple: The police didn’t take the dying men seriously because they don’t take Chareidim seriously. They treat Chariedie people like a sub species. Something between a child and an imbecile. When these policemen heard people complaining they were dying, what they really heard was a kid saying “I can’t, I am tired, I am dying to get out of here” and they reacted like a parent saying “You are exaggerating… just have patience…”.

On Friday morning, shaken to the core, I sent my complaint to every Chareidie MK of Gimmel And Shas. Judging by their functioning during the Covid19 crisis, it doesn’t seem that they  either care too much about chaireidi lives, so I am not keeping my hopes up for a real change.

May משיח come soon and redeem us from those who we pay to protect us, yet do the opposite.

Chareidi lives matter.

 


Saturday, May 1, 2021

Wife as supervisor (mashgiach) regarding religious issues of husband?

 A common source of shalom bayis problems is the wife's belief that not only is she more knowledgable in religious issues but that her job is to supervise her husband in religious matters. Often the first week after the wedding she discovers that her super brilliant masmid sleeps late after a long learning session and doesn't always make minyan.

This comes from several sources 1 ) she probably does know more hasgafa (theology) and practical halacha. Because that is what she spent her education in seminary focuses  on. As opposed to yeshiva which is primarily interested in gemora. 2) She was told that a proper wife is an ezer kenegdo as stated in Yevamos. 3) There is an inherent issue in frum circles of finding that the behavior of others is inadequate  4) there is peer pressure that her husband needs to be at least as good if not beter than that of her friends and relatives husband. In America Rav Shecter prohibited young couples from sicializing because it was a major source of fights. "Her husband goes to vasikin everyday." "Her husband just completed Shas." "Her husband puts the children to sleep every night and takes out the trash and garbage." "Her husband doesn't have a smartphone or unfiltered internet." "Her husband is rosh kollel and never liiks at the New York Times." 5) nagging put downs are a very bad way to try and change someone's behavior.

 

Yevamos (063a): Rav Eleazar asked what was the meaning of Bereishis (2:18): I will make him a help opponent? It means that if he is worthy she will help him while if he is not worthy she will be his opponent…. Rav Yosse met Eliyahu and asked him in what way will the wife help the husband? Eliyahu replied that a when a man brings what – does he chew the wheat? If he has flax does he wear the flax? Thus we find that the wife brings light to his eyes and stands him on his feet.\

Bava Metzia (059a): Rav said that whoever follows his wife’s advice will go to Hell as we learn from Achav who followed his wife Isabel’s advice (Melachim 1 21:25). Rav Papa objected to Abaye by noting there is a folk expression, “If you have a short wife bend down to hear her whisper?” That is not a contradiction; it is only problematic to listen to a wife’s advice in matters of religion while it is desirable to listen to her in worldly matters.

 Rav Sternbuch A man doesn’t want a mashgiach (supervisor) for a wife.

 Aruch HaShulchan (C.M. 228:1): And man needs to always be very careful about his wife’s feelings since a woman is soft hearted and readily cries. And thus our Sages 59a] said that a man should always be concerned about his wife’s honor because blessing is not found in his house except for his wife’s sake. However that is specifically concerning household issues or worldly matters that he needs to listen to her. However concerning heavenly matters, if she restrains him from the path of good, it is prohibited to listen to her. Whoever goes in the path after the advice of his wife concerning heavenly matters concerning restraint in doing mitzvos will fall into Hell.

Rabbeinu Bachye (Bamidbar 16:01): ... there were two extremely wealthy men in history one was a Jew and the other was a non-Jew, Korach was Jewish and Haman was a non-Jew. Because they listen to their wives they met their downfall. ... Haman had listened to his wife’s advice to build a gallows and ask the King’s permission to hang Mordechai from it (Esther 5,14). As a result of accepting his wife’s advice he himself was hung on that gallows. Korach had also listened to the advice of his wife and as a result lost his life and all his wealth.

 

 Netziv (Bereishis 02:18.1)Ezer Kenegdo – We discussed the plain meaning. There is a well-known medrash that Rashi cites which interprets this phrase to mean if he is deserving she will help him but if not she will be opposed to him. However even according to this medrash the wife as not created  to distress him so how is it possible to understand this phrase as being either a helper or opponent? It means the she should provide helpful opposition. For example if a person is prone to show anger and upset. If his wife supports and encourages him in this, even though at the time of anger he enjoys her agreement and support but later when he calms down he will be upset that his wife added fire and wood to his anger and upset and thus she actually was detrimental(kenegdo). In contrast if she would have opposed him initially and attempted to calm and placate him, even though it appears at that moment as opposition but she is in fact providing him with true help. The same can be said with all his other traits. Thus the meaning of ezer kenegdo is she should provide him with helpful opposition

 

Friday, April 30, 2021

44 people killed in mass stampede of people during Lag Ba'Omer celebrations in Meron

 https://www.israelnationalnews.com/News/News.aspx/305300

44 people were killed and dozens more were injured on Thursday night in a mass stampede during Lag Ba’Omer celebrations on Mount Meron.

Paramedics from Magen David Adom and United Hatzalah provided treatment to the victims, including several who were unconscious, and evacuated them to Hadassah Ein Kerem Hospital in Jerusalem, Rambam Hospital in Haifa, Ziv Hospital in Tzfat, Poriya Hospital in Tiberias and the Galilee Medical Center in Nahariya.

Fighters from the Home Front Command's rescue brigade, medical forces from the Northern Command and a number of Air Force helicopters with medical teams are assisting in treating the large number of victims in Meron.

Thursday, April 29, 2021

בית הדין ביטל את הוכחת היהדות של המיסיונר

 https://www.bhol.co.il/news/1214360

 בית הדין בפילדלפיה הוציא פסק מיוחד בו הוא מבטל את יהדותו של מיכאל הכהן מהגבעה הצרפתית שהתגלה כגוי ובעבר חילק חומרי מיסיון | וגם כיצד בקלות ניתן להערים על הרשויות בישראל ולהוכיח יהדות? |

Trump and Scott Walker Linked Up For One of the Great Public-Private Scams in American History

 https://www.esquire.com/news-politics/politics/a34417273/foxconn-wisconsin-deal-scott-walker-donald-trump/

 Not to pile on Wisconsin, which is being battered by the pandemic and continually harassed by President* Superspreader, but The Verge has produced what may be the definitive account of how the state was swindled out of its socks and underwear by Foxconn, the Taiwanese tech company that the president* and departed homunculus Scott Walker promised would convert Wisconsin into a magic kingdom of 21st century technological whizbangery. This, of course, has turned into one of the biggest public-private scams in American history, and one that living Wisconsinites have bequeathed to their posterity. Hold onto your gob while you read it, because it will be smacked, repeatedly. We begin.

 

'They demolished my house for this?' Residents outraged by the Foxconn factory that fizzled

 https://www.theguardian.com/us-news/2020/dec/08/wisconsin-foxconn-factory-residents-displaced

 In 2017, Mount Pleasant officials had used the promise of 13,000 jobs and $10bn in private investment by 2023 as justification for forcing hundreds of residents from their homes and turning the property over to Foxconn. Officials vowed to transform the sleepy rural village into a bustling, hi-tech hub for manufacturing known as “Wisconn Valley” – a promise that appealed to many in the state who have suffered as traditional manufacturing jobs have disappeared.

 Instead, the project imploded in slow motion. Few jobs have materialized and Foxconn has not submitted new construction plans in over a year. The LCD screens that were supposed to be made there aren’t being built in its “factory”, which is 20 times smaller than proposed and now zoned as “storage”. After Foxconn failed to meet its job creation targets, Wisconsin’s governor, Tony Evers, last month pulled a deal that would have handed the company nearly $4.5bn in incentives for completing its plans.