Avodah Mailing List

Volume 41: Number 9

Sun, 29 Jan 2023

• 1. RLakish & RElozor - Is less than honest thinking a deception OR What is honest thinking (Rabbi Meir G. Rabi)
• 2. They didn?t even prepare any provisions for themselves (Akiva Miller)
• 3. Monday, February 6th will be Tu?bishvat. Are there any special customs observed in honor of Tu?bishvat? (Prof. L. Levine)
• 4. Keeping Well Away From Sheker (Rabbi Meir G. Rabi)
• 5. DO RAISINS REQUIRE CHECKING? (Prof. L. Levine)
• 6. Re: They didn?t even prepare any provisions for themselves (Zev Sero)

In response to Rb Chana Luntz posted ? 1 Jan 2023

To summarise << The teacher was angry when he eventually discovered the
question posed to him by one of his students was actually an argument made
by the teachers own Rebbi, which the student failed to disclose was the
teachers Rebbis opinion. Thus the teachers ruling was in conflict with his
Rebbis ruling.>>

I asked why was he angry? - he gave his opinion as he understood it. Had he
ruled as per his Rebbi would that not be a violation of the proper method
to Pasken?

Rb Luntz said at the conclusion of her comprehensive argument [I have tried
to accurately summarise and beg forgiveness if I have misrepresented in any
way Rb Luntzs argument] ? It is simply appropriate that a Talmid humble
himself to his Rav and accept that he doesn't always get things right, no
matter how strongly he understands he is right, and that when push comes to
shove, his Rav's ruling prevails.

If I may ? This is precisely what I suspect is untrue ? the Talmid IS NOT
PERMITTED to agree with his Rebbi when he has Qs that remain unanswered ?
this is Reb Chaim Voloshiner on Pirkey Avos [Ch1] RuAch Chayim on the
Mishnah ? A student ought to be covered in the dust of his Rebbis feet. He
explains that far from meaning a student must submit themselves to their
Rebbis superiority it means they MUST RAISE THE DUST i.e. engage in battle
with them
and he adds IT IS PROHIBITED ? ASSUR ? to accept their opinion just because
it is their opinion.

R Micha disagrees with my perspective on RCV ? but I do not understand his
objections, would you please R Micha, try to again explain your
understanding.

Rb Luntz predicated her position on the ShA YD 242:31, the Rema who rules
that one may ask for a second opinion as long as the Posek is informed of
the first ruling. The Shach (58) says that if this is a case of Shikul
HaDaAs he may debate with the first Posek, and if he persuades him, well
and good, and the ruling can be retracted, but if not, then he needs to say
to the questioner - this is what I hold, but what can I do, I am unable to
reverse the original ruling. [BTW I wonder if this means that the
Questioner is now saddled with the responsibility of the decision, or that
the decision of the first Posek MUST be followed] It seems to me that this
Rama actually supports my position - every Posek MUST rule as he sees fit.
It is only when a ruling has already been issued that unless there is clear
proof that it is incorrect, then that ruling cannot be dismissed by another
Posek. This second Posek, when asked by someone else must rule as he
understands not as the other Posek understands.


Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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.
>>> They will eat the meat on this night; fire-roasted and matzos, they
will eat it with bitter herbs. (Shemos 12:8)
>>> Guard the matzos, for on this very day I will have taken your company
out of the land of  Mitzrayim... (12:17)
>>> ... And you - no one may exit from the doorway of his house until
morning. (12:22)
>>> Mitzrayim was hard on the people, rushing to send them out of the
land... (12:33)
>>> The people picked up its dough before it could become chometz, their
leftovers wrapped up in their clothes, on their shoulder. (12:34)
>>> They baked the dough that they took out of  Mitzrayim; it was matzah
loaves, because it did not become chometz. For they were expelled from
Mitzrayim, and couldn?t delay, and they didn?t even prepare any provisions
for themselves. (12:39)

To review, everyone ate the Korban Pesach in the evening, and everyone knew
that they would be leaving Mitzrayim in the morning. In fact, they were not
allowed to leave until morning arrived. And yet, no one had time to prepare.

In recent years, I have wondered how that could possibly be. It seems to me
that they had all night to prepare! After they were done with dinner, why
couldn?t they make fresh bread for the road?

If I heard any good answers to this question in previous years, I do not
remember them. So a new answer came to me this week, and I?d like to share
it:

History repeats itself.

Is it possible that Shavuos morning was NOT the first time that Klal
Yisrael overslept?

As I described above, once the Seder in Mitzrayim had ended, we SHOULD have
been so excited about the coming geulah that we would have stayed up all
night preparing. But maybe we didn?t. Maybe we all went to bed as usual.
Imagine what happened next:

Cue the scene. It's like when the FBI decides to arrest the mobsters that
they've been investigating. But there's a twist to the story.

At the crack of dawn, the Mitzrayim Police Department descends en masse
(well, with whoever was still alive after Makas Bechoros, at least) upon
the Jewish neighborhoods. (The Jewish homes, by the way, were easily
identifiable from the red paint on the doorways.)

Loud knocking, hard pounding on every single door. ?Everyone! Wake up! Now!
Paroh orders you all to leave the country immediately!!!! NOW!!!!?

But inside: ?Immaaaa!!!! I?m huuungry!!!!?

?I know sweetie, but we have no time. We have to get going. Let?s just
throw some dough together, and we?ll bake the bread later.?

Al ayleh ani bochiyah.  Had we taken Moshe Rabenu?s words to heart, we
would indeed have stayed up all night preparing (like how we should have
stayed up all night on Shavuos in anticipation of Matan Torah). We would
have had plenty of freshly baked bread to sustain us on the road out of
Mitzrayim. And for future generations, the prohibition of chometz would
apply only to the Korban Pesach. And matzah would be a reminder only of the
slaves? bread, irrelevant to our newfound freedom.

Could it be?

Akiva Miller
.
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From today's OU Kosher Halacha Yomis

Q. Monday, February 6th will be Tu?bishvat. Are there any special customs observed in honor of Tu?bishvat?

A. The Magen Avrohom (131:16) writes that there is a minhag on Tu?bishvat
to eat many varieties of fruit. Some poskim write that one should
especially eat fruit of the five species with which the land of Israel was
blessed (grapes, figs, dates, olives, and pomegranates) [Yalkut Yosef -
Minhagei Tu?bishvat]. Some refer to this as the Seder of Tu?bishvat, and
this seuda (meal) is used as an opportunity to offer praise to Hashem for
the special fruits of the land of Israel. Rabbi Haim Palachi (Turkey,
1788-1869) in Moed Likol Chai 30:7-8 and others present various customs how
to celebrate this seder.

The Bnei Yisaschar (Ma?amer Chodesh Shevat) writes that there is a minhag
to daven on Tu?bishvat that one should merit to find a kosher and beautiful
esrog. Piskei Teshuvos (288:7) writes that such a tefilah may even be said
on Shabbos. (However, one who sells esrogim should not say this tefilah on
Shabbos, since he will have in mind his business and it is inappropriate to
pray for one?s business dealings on Shabbos.)

Some have the minhag to eat esrog jam on Tu?bishvat. Mishnah Berurah
(225:16) writes that one does not recite the beracha of shehechiyanu even
if one has not eaten an esrog this season; since the esrog can live on the
tree the entire year, it does not have a specific season.


Professor Yitzchok Levine

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Shavuos 31A
A student whose teacher said to him: You know I can be trusted with even
millions of dollars - I need your help because Peloni owes me $10,000 but I
have only one witness so I can only compel him to make an oath but I am
afraid he will make a false oath. So, not only will I not get my money but
I will have caused him to lie and make a false oath. You can help me by
coming to the Beis Din - you will not provide testimony, Heaven forbid -
but by creating the impression that I have two witnesses the defendant will
admit the truth and we will be able to come to terms and resolve this
matter. This will be a Win WIn situation.
This is prohibited, as per the Passuk: ?Distance yourself from a false
matter.?
This is Paskened by the Tur and ShA ChM 28m Rama

I assume this means that if one?s boss wants his workers to support him in
a claim against a poor performing or even derelict worker, which they, the
co-workers, are in fact unable to corroborate other than by relying on the
sterling character of the boss who they know very well and trust
implicitly, who might also be their father uncle or brother, and this
worker is difficult to sack because he is protected by union workplace
regulations etc., they are not permitted to indicate in any way their
support of their boss in this dispute even if this will just prompt the
derelict worker to admit and accept the severance package offered by the
boss.
I ask this because a Rov suggested the cases are not identical and that in
general [his example] if a Yeshivah or Kollel is in dispute with a member
or associate, the students and Chavei Kollel are allowed to express their
support for the institution as long as they do not expressly condemn the
Bar Plugta, notwithstanding that their statement or expressed support
indicates that they believe the institution is correct and the other party
is wrong.
This does not seem to be correct in my opinion.
I would be very pleased if anyone might be able to offer some illumination
and in particular if Rabbanim known to the Chevra might be asked this Q.
Another related issue is that Shlomo HaMelech, in suggesting he would cut
the baby in half, seems to be in violation of this Passuk and the Gemara
that prohibits creating a fake situation to encourage or frighten the
litigant to admit and concede the truth.

Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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From The Daf Hakashrus January 2023

Q: DO RAISINS REQUIRE CHECKING?

A: This shailah was already discussed by the Taz Y.D. 84:12. He writes that
even when it is common to find infestation in raisins, they do not require
checking. The reason provided is because it is uncommon to find infestation
in grapes at the time that they are harvested. Infestation that develops
occurs primarily in storage. As such, when
considering the status of raisins, there is what is known as a sfek
sfeikah, a double doubt: Insects might not be present in this batch of
raisins, and even if they are, they may be permitted if they were never
shoretz al ha?aretz, literally ?crawl on the ground?. (Infestation that
develops on fruits after they are harvested is not forbidden until the
insects leave the fruit.) However, if one notices that the raisins in
question
are infested, they may not be eaten, since there is no longer a double doubt.

This Consumer Conundrums is taken from OU Kosher?s Halacha Yomis. For more information or to subscribe please visit oukosher.org/halacha-yomis/

Professor Yitzchok Levine

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On 27/1/23 09:11, Akiva Miller via Avodah wrote:
> 
> At the crack of dawn, the Mitzrayim Police Department descends en masse 
> (well, with whoever was still alive after Makas Bechoros, at least) upon 
> the Jewish neighborhoods. (The Jewish homes, by the way, were easily 
> identifiable from the red paint on the doorways.)

Rashi says the paint was only visible from the inside.


Also, Rashi in Haazinu says yetzias mitzrayim was at noon.

-- 
Zev Sero            ?Were we directed from Washington when to sow
z...@sero.name       and when to reap, we should soon want bread.?
                    ?Thomas Jefferson: Autobiography, 1821.



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