Volume 28: Number 40
Mon, 14 Mar 2011
Subjects Discussed In This Issue:
Message: 1
From: Micha Berger <mi...@aishdas.org>
Date: Sun, 13 Mar 2011 15:33:42 -0400
Subject: Re: [Avodah] Davening Sefer Korbanos
On Sun, Mar 13, 2011 at 11:09:49AM -0400, Zev Sero wrote:
>> I fail to see how this relates to the Ramban. According to the Ramban,
>> the only point of qorbanos is to do an action beyond speech. Dibbur
>> is already covered by vidui. How does it suffice for anything? Why not
>> argue that qorban, when impossible, is simply that -- impossible?
> Because it's possible to do *something*. It's possible to do a maaseh
> of sorts; it's not a substitute for a real maaseh if that's possible,
> but if it isn't then at least it scrapes in on a technicality.
Yeah, that's what you said the first time, and is pretty much what the
gemara says. But now, back to the Ramban...
The Rmaban says the entire point of qorbanos is maaseh, in an explicit
contrast to dibbur. How then can dibbur ever be a substitute? It would
make sense to suggest a different maaseh, eg miqvah. Or swinging a
chicken over your head and then donating it for aniyim to have a se'udah.
(Unless the Ramban holds like the SA that that would be shechutei chutz.)
But more dibbur? That doesn't cover all three planes of human activity.
Mashal lemah hadavar domeh: Say I got mud on my suit. After Shabbos,
when the mud is dry, I would need to scrape off the mud, and then wash
out the remaining stain. If I don't have access to water, I can't just
"scrape in on a technicality" -- the brown soaked into the clothing
must be washed, not scraped some more.
Similarly, the Ramban is saying there must be thought, speech and deed.
That vidui because it's speech, can not accomplish what qorban can on
the plane of maaseh. Since the problem with vidui is that it's speech,
how would talking about maasios help?
-Micha
--
Micha Berger "'When Adar enters, we increase our joy'
mi...@aishdas.org 'Joy is nothing but Torah.'
http://www.aishdas.org 'And whoever does more, he is praiseworthy.'"
Fax: (270) 514-1507 - Rav Dovid Lifshitz zt"l
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Message: 2
From: "Joel Schnur" <j...@schnurassociates.com>
Date: Sun, 13 Mar 2011 15:20:24 -0400
Subject: [Avodah] chezi kaddish before mussaf
Old Minhag Ashkenaz was not to say a kaddish after learning. Using that
reasoning there is no question that needs to be resolved
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Message: 3
From: Micha Berger <mi...@aishdas.org>
Date: Sun, 13 Mar 2011 16:02:17 -0400
Subject: Re: [Avodah] chezi kaddish before mussaf
On Sun, Mar 13, 2011 at 03:20:24PM -0400, Joel Schnur wrote:
: Old Minhag Ashkenaz was not to say a kaddish after learning. Using that
: reasoning there is no question that needs to be resolved
You sure? Qaddish after learning, in particularly learning aggadita,
was the original use of Qaddish! It would be pretty ironic.
See R' David de Sola Pool's "The Kaddish" (1909) at
<http://www.archive.org/details/kaddishk00poolrich> (I suggest the B&W
PDF) pp 6-8.
The derashah generally have a peshichah, the derasha itself, and an aftarasa.
The aftarasa would invoke yemos hamashiach. Much the way many rabbanim today
tend to conclude "ad bias goel tzedeq, bb"a!" or the like. "A Messianic praise
or prayer of more or less fixed form, served at the same time as the close
of the address." (pg 7) One such doxology became what we today call Qaddish.
Raayos (pg 8):
Rava: Alma amai qa meqayeim?
Aqedushah desidrea va"yehei shemeih rabba" de'aggadeta
- Sotah 49a
Besha'ah sheYisrael ne'asafin bebatei midrashos
veshom'in agadah mipi chakham,
ve'achar kein onim "Amein. Yehei shemei rabba..."
- Mishlei Rabba to 14:28 (Buber),
Similarly Berekhos 3a, and 8 such other quotes. Ayin sham.
This is why RYBS shitah that Qaddish serves as a prelude to Tefillah
rather than as a closure to the prior section of davening is a significant
chiddush.
Tir'u baTov!
-Micha
--
Micha Berger A sick person never rejects a healing procedure
mi...@aishdas.org as "unbefitting." Why, then, do we care what
http://www.aishdas.org other people think when dealing with spiritual
Fax: (270) 514-1507 matters? - Rav Yisrael Salanter
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Message: 4
From: Eli Turkel <elitur...@gmail.com>
Date: Sun, 13 Mar 2011 23:00:34 +0200
Subject: [Avodah] mitzva for a goy
<Maybe any of the hundreds of duties that Jews seek out the foreign workers
here in Israel (most people over 70 seem to have a "Philipini*" living with
them in our suburb, and it isn't unusual for local Jews to seek them out to
do this or that on Shabbat or Chag.>
This merely says that a goy doesnt keep shabbat and so can do things for a
Jew.
I dont know if this goes under a motzvah for the goy
the answer I was given is that a goy today can construct a bamah and bring a
korban
(as R. Folger answered).
Note that the gemara has a machloket whether the goy can be bring an olah
or even a korban shemamim. The rabbi noted that if we accept the opinion
that
a goy can bring a shelmamim (which is not the halacha) then we have a kosher
shechita by a goy that a Jew could then eat the meat (ie several achronim
assume
that since the korban is legitimate it implies a halachik shechita for all
purposes
even though normally the schechita of a goy is not valid.
--
Eli Turkel
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Message: 5
From: David Riceman <drice...@optimum.net>
Date: Sun, 13 Mar 2011 17:49:23 -0400
Subject: [Avodah] eating Pesah Sheini
The sugya in Pesahim 88b-89a assumes that someone who has eaten Pesah
rishon may not join a group of people eating Pesah sheini. My havrusa
and I have no idea where this prohibition comes from. Any suggestions?
David Riceman
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Message: 6
From: Micha Berger <mi...@aishdas.org>
Date: Sun, 13 Mar 2011 18:53:04 -0400
Subject: Re: [Avodah] chezi kaddish before mussaf
On Fri, Mar 11, 2011 at 02:29:01AM -0500, Zev Sero wrote:
> Because the drasha is a very late addition, stuck in that position for
> convenience. Perhaps it would make more sense to have it after musaf,
> before "Tana d'Vei Eliyahu", where Sefardim often have the rabbi give
> a dvar halacha.
Still, as I noted earlier today, Qaddish at the end of a derashah predates
Qaddish as part of davening. Even today, if a minyan attends a shiur, eg
between minchah and maariv, an aveil is likely to say Qaddish deRabbanan
afterward. How is this slot different than if the derashah was at any
other time?
Tir'u baTov!
-Micha
--
Micha Berger Time flies...
mi...@aishdas.org ... but you're the pilot.
http://www.aishdas.org - R' Zelig Pliskin
Fax: (270) 514-1507
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Message: 7
From: Simon Montagu <simon.mont...@gmail.com>
Date: Sun, 13 Mar 2011 15:54:28 -0700
Subject: Re: [Avodah] eating Pesah Sheini
On Sun, Mar 13, 2011 at 2:49 PM, David Riceman <drice...@optimum.net> wrote:
> The sugya in Pesahim 88b-89a assumes that someone who has eaten Pesah rishon
> may not join a group of people eating Pesah sheini. ?My havrusa and I have
> no idea where this prohibition comes from. ?Any suggestions?
Bal tosif?
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Message: 8
From: Eliyahu Grossman <Eliy...@KosherJudaism.com>
Date: Mon, 14 Mar 2011 07:44:12 +0200
Subject: Re: [Avodah] soft matza
I went to a seder where one yekki family brought their own soft ones and
offered to share, but I declined (I look forward to the burnt edges of the
sh'mura matzah all year!) Besides, it's not my minhag (nor is 3 hours
between meat and milk, since I'm not a yekki).
One a related not, a local fellow (who is very eclectic) made some sh'mura
kitniyot matzah as an experiment, with the intent to show them in a lecture
(used several different varieties to make this lumpy multi-colored shell).
He presented them to his father (a well known Rav) and asked his opinion,
bringing a kal v'chomer in support of their validity. The Rav's response was
that while they would be Kosher for Pesach, it's not their minhag to eat
them. In honoring his father/Rav, he didn't, but it was a cute experiment
nonetheless.
Eliyahu Grossman
Efrat, Israel
>----------Original Post----------<
Date: Fri, 11 Mar 2011 09:02:09 -0500
From: "Prof. Levine" <llev...@stevens.edu>
Subject: [Avodah] soft matza
At 06:31 AM 3/11/2011, R. Saul Z. Newman wrote:
>http://www.softmatza.com/ is there anything in halacha that assurs this
>type of matza for ashkenazim?
I do not know about you, but 2-4 matzos for $20 is a bit steep for me.
At http://www.softmatza.com/about.asp it says, "People from Ashkenazic
lineage have a minhag (tradition) to eat Matza that is as thin as possible,
and therefore should consult their Rabbi to determine if they are allowed to
our thicker Matza. You can see from the pictures that each one is about 1/3
- 1/2 of an inch thick."
This matza looks like pita bread to me. :-) YL
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Message: 9
From: Eliyahu Grossman <Eliy...@KosherJudaism.com>
Date: Mon, 14 Mar 2011 08:20:55 +0200
Subject: Re: [Avodah] Davening Sefer Korbanos
The issue between the Ramban and the Rambam (and others, like the Ramchal
weigh in, taking sides as well, "proving" one side as being wrong) is an
interesting one. But they both address an activity that would bring one
close (q'rov) to HQBH. An example of this is an asham, where if one was
shogeg concerning the forbidden use of something holy, he brings a qorban,
while if one did the transgression intentionally, he does not have that
facility to come close made available to him. It was an important function.
But that was a different time. I have a feeling that the form of the qorban
may differ with the 3rd temple.
An example: 4 years ago, I went to this hillside with a good sized group
that brought a sheep. This hillside overlooked the Temple Mount. The person
leading this is a bit radical in various areas (he is called the "Kitniyot
Rabbi" in these parts), and I am certain that if we were even allowed on the
Temple Mount, he would have gone there! I was interested in seeing the
process, not in actually buying a korban pesach for my seder like some were
(it's not my minhag to eat lamb on Pesach, although I do know of some who
eat it).
All went according to the procedure, and the mood was great, until the blade
went and sliced, the blood poured, and the creature went fully limp. At that
point almost everyone there said in unison "EEEeeeewwwwwwwww..." (More than
one person changed to a pale green ("Ah, THAT is the color Rashi assigned to
techelit!") and turned away).
It was very educational.
So much for q'rov being in the term "qorban"! Either our emotional makeup
will have to transform, or the methodology will.
Right now, I sure cannot stomach it! (I prefer to see my food in a form that
doesn't resemble it in real life!). But, still, I look forward to the day
when we can do it, whatever we do, at the beit hamikdash!
Eliyahu Grossman
Efrat, Israel
>---------- Original Post ----------<
Date: Sun, 13 Mar 2011 09:57:39 -0400
From: Micha Berger <mi...@aishdas.org>
Subject: Re: [Avodah] Davening Sefer Korbanos
On Sun, Mar 13, 2011 at 12:37:35AM -0500, Zev Sero wrote:
> Akimas sefosov havei maaseh. When it's possible to bring korbonos, this
> is obviously insufficient, but when we have no choice, this will have to
> do.
I fail to see how this relates to the Ramban. According to the Ramban,
the only point of qorbanos is to do an action beyond speech. Dibbur
is already covered by vidui. How does it suffice for anything? Why not
argue that qorban, when impossible, is simply that -- impossible?
Tir'u baTov!
-Micha
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Message: 10
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 14 Mar 2011 14:53:29 -0400
Subject: Re: [Avodah] mitzva for a goy
On Fri, Mar 11, 2011 at 10:32:20AM +0200, Eli Turkel wrote:
: from the same shiur with regard to an old discussion on timtum ha-lev the
: Netziv and Mesech Chochma claim that if one eats a nevela to save one's
: life there is still timtum halev. Therefore they explain the preference
: to slaughter an animal on shabbat to save a person rather than feed them
: nonkosher food. Thus, timtum halev is a more physical effect rather than
: purely halachic
Do you have a mar'eh maqom for the MC? I used Bar Ilan to search the
Or Sameiach and Meshekh Chokhmah for the phrases "timtum haleiv" and
"metamteim es haleiv" and couldn't find either.
See http://www.aishdas.org/avodah/vol15/v15n062.shtml#07 (Jul 2005)
where RSMashbaum wrote:
> R. Asher Weiss in Michat Asher - Vayikra - Parshat Shmini has an
> interesting chakira on kashrut and timtum halev: What is the cause, and
> what is the result? Is food non-kosher because it induces timtum halev,
> or does timtum halev derive from the non-kosher nature of the food? Did
> the Torah forbid certain foods because it knew that they have deleterious
> spiritual effects, or are the foods essentially spiritually neutral,
> but the aveira of eating them causes them to have a negative spiritual
> effect on the person? He cites a Ramban and a Maharal regarding this
> chakira. Ayen Sham
> The nakfa mina is clear: what if one ate non-kosher food permissibly,
> because of pikuach nefesh? If it is the food itself because of its
> essential nature which causes timtum halev, this would presumably be
> true even b'oness. If it is the aveira which causes the timtum, then if
> the food is consumed b'heter, no timtum would result. RAW cites several
> sources that indicate that non-kosher food has a negative effect even
> if consumed permissibly, supporting one side of his chakira. .(R. Asher
> cites the Rama inYoreh Deah 81:7 quoted by Yitzchok Brandriss)
RBKaufman wrote later in that discussion
<http://www.aishdas.org/avodah/vol15/v15n065.shtml#07>:
> R. Raphael Moshe Luria in his sefer Beis Ginzi (Parshas Vayikra),
> cites the Zohar and the Ohr HaChaim that say that eating non-kosher
> food is almost impossible to gain a kapara for, unlike almost any other
> aveira. This is because the cheftza shel issur remains part of the body
> until death.
> To me this seems to imply that the food itself is metamtem.
> hmmm... OTOH maybe it is the issur that gives the food this quality. Now
> I'm not sure.
RMF wrote <http://www.aishdas.org/avodah/vol15/v15n040.shtml#01>:
> In fact, in my Bar Ilan CD search I found that Mishne Halachos 16:137
> specifically states that even where something is muttar to eat because
> of bittul b'rov, nevertheless, one may be machmir not to eat it because
> of timtum ha'lev.....
To which R Meir Rabi wrote:
> Upon reflection of Moshe's observations, note the Beney Yisaschar
> [Adar MaAmar 2-7] who suggests (and draws same conclusion from Shelo"Hk)
> that it is preferable [Mitzvah Hoo BeDavKeh] to consume the food that
> contains acceptable levels of non kosher food.
Kayadua from numerous thread about this and about whether the cheftza
of mezuzah provides shemirah beyond the mitzvah's sechar, I have serious
philosophical problems with one tzad of this chiluq.
Tir'u baTov!
-Micha
--
Micha Berger "As long as the candle is still burning,
mi...@aishdas.org it is still possible to accomplish and to
http://www.aishdas.org mend."
Fax: (270) 514-1507 - Anonymous shoemaker to R' Yisrael Salanter
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Message: 11
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 14 Mar 2011 14:53:29 -0400
Subject: Re: [Avodah] mitzva for a goy
On Fri, Mar 11, 2011 at 10:32:20AM +0200, Eli Turkel wrote:
: from the same shiur with regard to an old discussion on timtum ha-lev the
: Netziv and Mesech Chochma claim that if one eats a nevela to save one's
: life there is still timtum halev. Therefore they explain the preference
: to slaughter an animal on shabbat to save a person rather than feed them
: nonkosher food. Thus, timtum halev is a more physical effect rather than
: purely halachic
Do you have a mar'eh maqom for the MC? I used Bar Ilan to search the
Or Sameiach and Meshekh Chokhmah for the phrases "timtum haleiv" and
"metamteim es haleiv" and couldn't find either.
See http://www.aishdas.org/avodah/vol15/v15n062.shtml#07 (Jul 2005)
where RSMashbaum wrote:
> R. Asher Weiss in Michat Asher - Vayikra - Parshat Shmini has an
> interesting chakira on kashrut and timtum halev: What is the cause, and
> what is the result? Is food non-kosher because it induces timtum halev,
> or does timtum halev derive from the non-kosher nature of the food? Did
> the Torah forbid certain foods because it knew that they have deleterious
> spiritual effects, or are the foods essentially spiritually neutral,
> but the aveira of eating them causes them to have a negative spiritual
> effect on the person? He cites a Ramban and a Maharal regarding this
> chakira. Ayen Sham
> The nakfa mina is clear: what if one ate non-kosher food permissibly,
> because of pikuach nefesh? If it is the food itself because of its
> essential nature which causes timtum halev, this would presumably be
> true even b'oness. If it is the aveira which causes the timtum, then if
> the food is consumed b'heter, no timtum would result. RAW cites several
> sources that indicate that non-kosher food has a negative effect even
> if consumed permissibly, supporting one side of his chakira. .(R. Asher
> cites the Rama inYoreh Deah 81:7 quoted by Yitzchok Brandriss)
RBKaufman wrote later in that discussion
<http://www.aishdas.org/avodah/vol15/v15n065.shtml#07>:
> R. Raphael Moshe Luria in his sefer Beis Ginzi (Parshas Vayikra),
> cites the Zohar and the Ohr HaChaim that say that eating non-kosher
> food is almost impossible to gain a kapara for, unlike almost any other
> aveira. This is because the cheftza shel issur remains part of the body
> until death.
> To me this seems to imply that the food itself is metamtem.
> hmmm... OTOH maybe it is the issur that gives the food this quality. Now
> I'm not sure.
RMF wrote <http://www.aishdas.org/avodah/vol15/v15n040.shtml#01>:
> In fact, in my Bar Ilan CD search I found that Mishne Halachos 16:137
> specifically states that even where something is muttar to eat because
> of bittul b'rov, nevertheless, one may be machmir not to eat it because
> of timtum ha'lev.....
To which R Meir Rabi wrote:
> Upon reflection of Moshe's observations, note the Beney Yisaschar
> [Adar MaAmar 2-7] who suggests (and draws same conclusion from Shelo"Hk)
> that it is preferable [Mitzvah Hoo BeDavKeh] to consume the food that
> contains acceptable levels of non kosher food.
Kayadua from numerous thread about this and about whether the cheftza
of mezuzah provides shemirah beyond the mitzvah's sechar, I have serious
philosophical problems with one tzad of this chiluq.
Tir'u baTov!
-Micha
--
Micha Berger "As long as the candle is still burning,
mi...@aishdas.org it is still possible to accomplish and to
http://www.aishdas.org mend."
Fax: (270) 514-1507 - Anonymous shoemaker to R' Yisrael Salanter
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Message: 12
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 14 Mar 2011 14:59:22 -0400
Subject: Re: [Avodah] Soft Matza - Is there anything in Halacha
On Sun, Mar 13, 2011 at 05:21:41AM +1100, Meir Rabi wrote:
: The Mishneh Berurah, the Aruch HaShulchan and the Shulchan Aruch HaRav all
: clearly speak of Soft Matza..
Where is this in the MB and AhS?
Tir'u baTov!
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Message: 13
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 14 Mar 2011 17:14:26 -0400
Subject: [Avodah] Kavod haMeis
Is it a bizayon hemeis issue to publish gruesome photos of murder
victims? Can the family decide the niftarim would have prefered to have
their images used for the cause, and we could assume they would not
consider it a bizayon?
I'm asking hypothetically, as I presume any problem would be huterah or
dechuyah if the pros determined that the pictures' circulation had some
chance of saving lives. (In today's case, by changing at least some of
the world's response; in less political situations, perhaps by making
the community more alert for the ra biqirbekha.)
Tir'u baTov!
-Micha
--
Micha Berger I always give much away,
mi...@aishdas.org and so gather happiness instead of pleasure.
http://www.aishdas.org - Rachel Levin Varnhagen
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Message: 14
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 14 Mar 2011 17:39:29 -0400
Subject: [Avodah] Response to Japan's Troubles
On Areivim, someone speculated about "how long before some people start
saying that the natural disaster in Japan is a direct result of their
persecution of the innocent bochurim..."
And this gets into the usual questions about G-d's accountant, blaming
the victim, etc...
As the world was reeling after the earthquake in Haiti R' Avi Shafran
(I couldn't find his source) wrote an Am Echas editorial about the
CC's response
<http://www.cross-currents.com/archives/2010/01/22/the-earth-trembles&g
t;:
To any early 20th century Polish Jew, Japan could as well have
been Neptune.
The distance between the shtetl and the Far East was measurable
not merely in physical miles but in cultural and religious distance
no less. Yet when, on September 1, 1923, a powerful earthquake hit
Japan's Kanto plain, laying waste to Tokyo, Yokohama and surrounding
cities, killing well over 100,000 people, news of the disaster
reached even the Polish town of Radin. That was the home of the
"Chofetz Chaim," Rabbi Yisroel Meir Kagan, the sainted Jewish
scholar renowned around the world even then for his scholarship,
honesty and modest life.
Informed of the mass deaths in Japan, the 85-year-old rabbinic leader
was visibly shaken, immediately undertook to fast and insisted that
the news should spur all Jews to repentance.
Yes, Jews to repentance. Jewish religious sources maintain that
catastrophes, even when they do not directly affect Jews, are
nevertheless messages for them, wake-up calls to change for the
better. Insurers call such occurrences "Acts of G-d." For Jews, the
phrase is apt, and every such lamentable event demands a personal
response.
It is, to be sure, a very particularist idea, placing Jews at the
center of humankind. But, while Judaism considers all of humanity
to possess seeds of holiness, Judaism does in fact cast Jews as a
people chosen -- to embrace special laws, to be aware of and serve
G-d constantly and, amid much else, to perceive Divine messages in
humankind's trials.
And from another (longer) version of that essay
<http://www.beliefnet.com/Faiths/Judaism/2005/01/Repentance-After
-Disaster.aspx>
And so that is an additional layer to the Chofetz Chaim's reaction,
the conviction that the distinctive nature of the Jew demanded a
meaningful Jewish response to the catastrophe that had occurred.
...
A revered contemporary Jewish sage in Israel, Rabbi Aharon Leib
Steinman, was reported to have remarked shortly after the recent
devastation in Asia: "Everyone sits in his own home and feels good --
'Where I am everything is fine, it's over there that people are dying'
-- ... we have to learn [from such tragedies] the extent of what sin
causes, and it is up to us to analyze and learn... [so that we will]
repent."
That repentance goes far beyond donations to relief agencies. What
the Jewish sources teach is that tragic events like the one we have
just witnessed must spur us to not only address global events but to
focus on the microcosm that is the self. To work, in other words,
on our interactions with those around us; on -- as the Chofetz Chaim
taught -- our responsibility to use the power of speech carefully
and properly; on being more observant of the Sabbath and holidays,
of kashrut and all the laws of the Torah; on dedicating more time
to its study.
That is the secret of how we can create a better world and vanquish
evil -- the source of all tragedy -- at its very roots.
For when we do such things, the seeming tiny quanta of our collective
merits can combine and swell, no less than drops of water that make
up an ocean, into a tidal wave of goodness, ushering in the day when,
as the prophet Isaiah (11:9) foretold, "the earth will be filled
with knowledge of G-d, like the water that covers the oceans."
Tir'u baTov!
-Micha
--
Micha Berger The waste of time is the most extravagant
mi...@aishdas.org of all expense.
http://www.aishdas.org -Theophrastus
Fax: (270) 514-1507
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Message: 15
From: "Elazar M. Teitz" <r...@juno.com>
Date: Mon, 14 Mar 2011 18:33:23 GMT
Subject: Re: [Avodah] Koach deHeteira Adif vs. Chumeros
<I should add that if you think about it, the actual concept as used by
Chazal argues in FAVOR of chumeros. Documenting the extent of the divrei
hamatir is more important. Doesn't that imbalance presume that we require
MORE proof before accepting a qulah than before accepting a chumerah?>
Not necessarily. The g'mara in K'subos 7a quotes R. Yaakov b. Idi that
"horeh R. Yochanan b'Tzaidan, 'Asur . . .' ," and asks, "umi ika hora'a
l'isur?" Rashi explains the question: is "hora'a" used in conjunction with
issur? Anyone is permitted to be machmir; it does not demonstrate reliance
on anything, since even if in doubt, where the halacha is not clear to him,
one may be machmir; on the other hand, to be mattir requires depending on
one's sh'mua or on his s'vara, and that is hora'a. By the same token,
kocha d'heteira adif is because it takes more to be mattir than to asser --
not because we require more proof, but because it is a greater
demonstration of knowledge.
<The fact is, there is a limited list of dinim where we say things like
"halakhah kedivrei hameiqil be'eiruvin". Because the exceptions
need specific listing.> To what are they exceptions? Is there any
general rule that "halacha k'divrei hamachmir," that exceptions to it need
listing? In any given area of halacha, there are some machlokos in which
we pasken k'divrei hameikil and others where we follow the machmir. In the
cases of aveilus and eruvin, there is a general rule of kula. These are the
only such cases; hence they are mentioned. But what they are exceptions to
is not chumra, but a blend of kula and chumra. Were there an area in which
we always pasken l'chumra, then there would have been a statement that
"halacha k'divrei hamachmir b" whatever the case would be. The mention of
the rule is by no stretch of the imagination an argument in favor of
chumros as a default position. EMT
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Message: 16
From: "Prof. Levine" <llev...@stevens.edu>
Date: Mon, 14 Mar 2011 09:54:54 -0400
Subject: [Avodah] Koach deHeteira Adif vs. Chumeros
At 03:14 PM 3/13/2011, R. Micha wrote:
>In any case, this slogan doesn't work. As I wrote in response to RYL,
>every single minhag was once a new chumerah tha masses took on that
>people of his temperament were probably objecting to. What makes today's
>innovation any less part of normative process than those done centuries
>past?
I do not think that it is true that every single minhag was once a
new chumrah that the masses took on. For example, according to R.
Bamberger in his sefer Shorshei Minhag Ashkenaz eating in a synagogue
or throwing candy at a Chosson were not done in the times of the
Rishonim. Indeed, according to many early poskim they are forbidden.
Yet today we do have the minhag to throw candy and eat in a shul,
which is a kula, is it not?
I am sure that there are other examples that one can think of.
YL
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