Volume 39: Number 91
Mon, 25 Oct 2021
Subjects Discussed In This Issue:
Message: 1
From: Marty Bluke
Date: Thu, 21 Oct 2021 21:21:16 +0300
Subject: [Avodah] Leap Years before matan Torah?
The Gemara in Rosh hashana 11a had a discussion about when Yitzchak was
conceived and born. The Gemara says that Yitzchak was conceived on Rosh
Hashana and born on Pesach and it was a leap year so he was born in the 7th
month.
How could there be a leap year before matan Torah? What makes a leap year
is the Sanhedrin declaring it one, it doesn?t happen by itself. So before
matan Torah who exactly was m?aber the Shana? In fact who was mekadesh
chadoshim?
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Message: 2
From: Zev Sero
Date: Thu, 21 Oct 2021 17:33:29 -0400
Subject: Re: [Avodah] Leap Years before matan Torah?
On 21/10/21 2:21 pm, Marty Bluke via Avodah wrote:
> How could there be a leap year before matan Torah? What makes a leap
> year is the Sanhedrin declaring it one, it doesn?t happen by itself. So
> before matan Torah who exactly was m?aber the Shana? In fact who was
> mekadesh chadoshim?
A simple ballebatishe answer would be that the calendar is only in our
hands because Hashem gave it to us with "Hachodesh hazeh lachem". It
follows that before then it was in His hands.
A more sophisticated answer might be that since we have a rule that when
there is no sanhedrin we use a formula, that rule applied not only when
the Sanhedrin ceased to function during Galus Bavel and again in the 4th
century CE, but also before there was a Sanhedrin in the first place.
Veyesh lomar that these are the same answer.
--
Zev Sero Wishing everyone health, wealth, and
z...@sero.name happiness in 5782
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Message: 3
From: Ben Bradley
Date: Thu, 21 Oct 2021 22:30:45 +0000
Subject: Re: [Avodah] Praying for one to die
'More recently, I started wondering:
Why would the IM (and others) assume we hold like the maid and not the
chakhamim? If you're going to say that the fact that R Yehudah haNasi
did indeed die shows the pesaq of beis din shel ma'alah, what does that
say about "lo baShamayim hi"?
RMF invokes the concept of LbSH in the haqdamah (vol 1), and OC 1:14, 15.'
Very tentatively, perhaps this is not a situation of a machlokes in halacha
where we pasken like one or the other. It is rather a question of the right
thing to do right now in a very specific set of circumstances. It was not a
question of sevaras, or masorah, it was a complex value judgement which may
not have been raised before in this way. The maid intuited correctly and
the lack of criticism of her actions in the gemara is the basis for ruling
like her in the poskim. LbSH doesn't even get started in this scenario.
We know she was right because of chazal's implied approval, not because Rebbi died.
In fact you could say that the BD shel maala was indeed forced to hold like
the chachamim, which is why he stayed alive due to their prayers. Only when
they stopped could the BD shel maala have its way and take Rebbi back.
Perhaps a gezeira of BD shel mata and LbSH are not the same thing.
Temporary koach of gezeira vs permanent pask din.
I might even be so bold to say that this analysis makes it a Da'as Torah
issue, not a plain halachic issue. The maid intuited right, the rabanan
didn't. Once we know this via the gemara's implicit approval we can apply
it ad netzach.
Of course this precise issue of removing the moneia for a patient with only
chayei shaah and who is suffering has just been raised in the UK, and the
Jewish world's response by and large has been to ride roughshod over the
nuances of the medical situation, the resultant halachic issues, and the
complex, competing values involved.
Daas Torah, where art thou.
Ben
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Message: 4
From: Micha Berger
Date: Fri, 22 Oct 2021 10:46:45 -0400
Subject: [Avodah] [Torah Musings] Pidyon Shevuyim for Someone Guilty
RGS posted this this morning.
https://www.torahmusings.com/2021/10/pidyon-shevuyim-for-someone-guilty/
Torah Musings
Pidyon Shevuyim for Someone Guilty
Posted by: Gil Student Oct 22, 21
...
I. Exorbitant Ransoms
...
II. Reasonable Ransoms
...
III. Guilty Parties
In the course of discussing these laws, Rav Shlomo Luria (Maharshal,
16th cen., Poland; Yam Shel Shlomo, Gittin 4:72) says that if someone
is captured because he stole from gentiles, there is no mitzvah to
redeem him from captivity. Even if the punishment is disproportionate
to the crime, he knowingly entered that dangerous situation and does
not merit a communal effort of the highest priority to pay his ransom.
Rav Meir (Maharam) Lublin (17th cen., Poland; Responsa, no. 15)
discusses the case of a Jewish man who was caught with a gentile
(Christian) woman. The local gentiles threatened to kill him but would
have freed him for a ransom. Maharam Lublin says emphatically that
there is a mitzvah to redeem him from this captivity even though he
brought it on himself through sinful behavior.
Radbaz (Mishneh Torah, Matenos Aniyim 8:13) says that he was asked
whether there is a mitzvah to redeem someone held captive for stealing
from gentiles. He says that this does, indeed, constitute the mitzvah
of pidyon shevuyim. This would also be the case of someone is held
captive for stealing from Jews.
Ultimately, whether there is a mitzvah of pidyon shevuyim for someone
guilty boils down to a debate between Maharshal on one side and Radbaz
and Maharam Lublin on the other. In my survey of authorities of the
last century, I have found that they seem to follow Maharshal. These
include Divrei Malkiel 5:60; Shevet Ha-Levi 5:135; Rav Shlomo Zalman
Auerbach, as quoted in Ve-Alehu Lo Yibol (2:113); Chashukei Chemed,
Gittin 47a.
The Maharam Lublin's case, though, is about a captivity that likely has an
antisemitic motive. Even if the law allowed them to kill him for having
relations with a Christian woman, the reason for such a law stems from
their percieved inferiority of Jews.
The Radbaz's teshuvah seems more relevant. But I can see why today's
posqim writing in the US and Israel would have different attitudes toward
the shevi of a prisoner than someone who lived throught the expulsion
from Spain. Again, I am not sure we are assuming the same metzi'us as
the precedent.
I would also think, mikal vachomer, that anyone who allows informing on
someone who broke the law wouldn't require pidyon shevuyim if they were
justly jailed for breaking it. Otherwise you get the absurd result that
they would hold it is mutar to help the government catch and likely end
up jailing someone that you then are oligated to help free.
See R MJ Broyde's survey on that topic at
https://www.jlaw.com/Articles/mesiralaw2.html
And R Chaim Jachter's at
https://www.koltorah.org/halachah/the-mesirah-dilemma-by-rabbi-chaim-jachter
Both quote R Herschel Schachter's article in RJJ Journal 1:118:
A 'Moser' is one who aides a pirate, a crooked government official,
or a tyrant-king to obtain money illegally from his fellow Jew. Even
if the Jew has actually done something wrong, but if the secular
government or the ruler would exact a punishment far beyond that
which the crime should require, then it is likewise forbidden to
report him. If, however, the government is entitled to its taxes,
or is permitted to punish criminals as offenders, there is no problem
of Mesirah in telling the government information needed for them to
collect their taxes or to apprehend their man.
One critical point should however be added: There is no problem of
Mesirah in informing the government of a Jewish criminal, even if
they penalize the criminal with a punishment more severe than the
Torah requires, because even a non-Jewish government is authorized
to punish and penalize above and beyond the law, Shelo Min HaDin, for
the purpose of maintaining law and order. However, this applies only
in the situation when the Jewish offender or criminal has at least
violated some Torah law. But if he did absolutely nothing wrong in
the eyes of the Torah, then giving him over to the government would
constitute a violation of Mesirah.
:-)BBii!
-Micha
--
Micha Berger "Someday I will do it." - is self-deceptive.
http://www.aishdas.org/asp "I want to do it." - is weak.
Author: Widen Your Tent "I am doing it." - that is the right way.
- https://amzn.to/2JRxnDF - Reb Menachem Mendel of Kotzk
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Message: 5
From: Prof. L. Levine
Date: Fri, 22 Oct 2021 21:36:24 +0000
Subject: [Avodah] If I am not hungry do I have to serve my hungry
From
https://oukosher.org/halacha-yomis/not-hungry-serve-hungry-indigent-guests-immediately-upon-coming-home-shul-shabbos/?category=hachnasas-orchim&;utm_source=SilverpopMailing&utm_medium=email&utm_campaign=shsh%20Vayeira%205782%20%281%29&utm_content=&spMailingID=33824825&spUserID=MjM3MTAxNzY3NzIS1&spJobID=2044019645&spReportId=MjA0NDAxOTY0NQS2
If I am not hungry do I have to serve my hungry indigent guests immediately
upon coming home from <em>Shul</em> on Shabbos? | OU Kosher
Certification<https://oukosher.org/halacha-yomis/not-hungry-serve-hungry-indigent-guests-immediately-upon-coming-home-shul-shabbos/?category=hachnasas-orchim&;utm_source=SilverpopMailing&utm_medium=email&utm_campaign=shsh%20Vayeira%205782%20%281%29&utm_content=&spMailingID=33824825&spUserID=MjM3MTAxNzY3NzIS1&spJobID=2044019645&spReportId=MjA0NDAxOTY0NQS2>
(A subscriber?s question) The Chofetz Chaim rules that one who is not
hungry must serve the Shabbos meal immediately to guests who are poor, even
though the host is not ready to eat (Mishna Berura, OC, 271:1). Rav Avrohom
Dubov Kahana Shapiro, the last Kovno Rav before the Holocaust, writes that
he heard it said ...
oukosher.org
The Chofetz Chaim rules that one who is not hungry must serve the Shabbos
meal immediately to guests who are poor, even though the host is not ready
to eat (Mishna Berura, OC, 271:1). Rav Avrohom Dubov Kahana Shapiro, the
last Kovno Rav before the Holocaust, writes that he heard it said in the
name of the Chofetz Chaim, that delaying the meal in such instances would
be a violation of bal t?acher. As noted in the previous Halach Yomis, the
Chofetz Chaim presumably viewed the invitation to a poor guest to be
tantamount to a commitment or vow to give tzedakah in the form of food,
which must be fulfilled without hesitation.
Rav Kahana Shapiro defends the common practice of not serving indigent
guests immediately. If one commits to give tzedakah at a later date, he may
delay giving the money until the designated time arrives, even if poor
people are present. This is because the vow does not become effective until
the specified time. Similarly when guests are invited, it is understood
that the commitment to feed the guests does not commence until the master
of the house sits down to eat his meal as well. (Dvar Avrohom, volume 2:2).
Irrespective of whether one accepts the position of the Chofetz Chaim or
the Dvar Avrohom, everyone would agree that it is important to be sensitive
to the needs of one?s guests. Indeed, the Chofetz Chaim did not recite
Sholom Aleichem before the Friday night Shabbos meal when there were guests
at his table. He explained, ?Angels are not hungry, and they can wait to be
welcomed after my guests are fed?. (Tenuas Hamusar, volume 4 page 136)
YL
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