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October 30, 2014 1:46 pm at 1:46 pm #1101828Patur Aval AssurParticipant
Purely coincidental:
I found a sefer called ?????? ???????? ??? ??????? ?? ??? ?? ????? ?????
October 30, 2014 6:40 pm at 6:40 pm #1101830Avi KParticipantThe Shalosh Shevuot are a halachic non-starter.
1. They are aggadata not halacha. In fact, none of the codes (Mishna Tora, Tur, Shulchan Aruch, Rema) mention them nor do the Rif, the Rosh or the Nossei Keilim.In fact, Ramban (Sefer HaMitzvot, Mitzvot that Rambam “Forgot”) states that there is a Tora mitzva to conquer EY is our time.
2, In his introduction to Sefer Etz Chaim, Rav Chaim Vital writes that they were only for 1,000 years.
3. According to Rav Meir Simcha the San Remo Conference’s vote in favor of a Jewish state obviated teh oaths as it is no longer a rebellion.
4. The goyim violated their oath not to persecute us “too much” on several occasions (the Crusades, the Chmielnitzki massacres, the pogroms, the Holocaust). Thus, the deal is off(Shulchan Aruch Yoreh Deah 236:6).
5. According to Rav Soloveichik (“Kol Dodi Dofek”) the miracles of the War of Independence show that Hashem has called.
October 31, 2014 5:40 pm at 5:40 pm #1101831viyoel moisheMember@avi k and what about the 10 commandments do not kill do not steal those don’t apply anymore?
November 2, 2014 8:24 pm at 8:24 pm #1101832Patur Aval AssurParticipantI’ll quote something I quoted in a different thread because the bolded part is relevant to this discussion:
Kisvei R’ Chaim Eliezer Bichovski:
??? ?? ??? ???? ??’ ???? ????? ????
???? ????? ????? ???”? ???? ?????? ???? ?? ??? ?????? ???”? ?????? ?? ??? ?? ????? ?????? ???? ????? ???? ?’ ????? ???? ????? ????? ????? ?????? ????? ?? ????? ???? ?????? ????? ?????
??”? ??????? ??? ??? ?? ?’ ????? ??? ?????? ???? ?? ?? ??
???????? ????? ?”? ?? ????? ???? ???? ???? ??? ?? ?? ????? ?????? ?????? ?? ?? ?? ???? ??? ??? ??? ?????? ???? ?? ??? ?????? ???? ????? ??? ????? ????? ???? ????? ????? ????? ????? ????? ????? ?? ?????? ???”? ???? ??”?
????? ?????? ????? ??? ???”? ??”? ?”? ????? ???? ??? ??? ???? ???? ??? ?”? ???? ???? ????? ??? ???? ????? ???? ??? ???? ????? ???? ???? ???? ?? ???? ????? ???? ?? ????? ????”? ???? ?? ????”? ????? ?? ???? ??? ???? ???? ???????? ??? ??? ??? ????? ????? ????? ???? ????”? ????? ???? ?????? ???? ?????? ?????? ????”? ???? ???? ???? ????? ????? ???? ?? ??? ???? ?? ?? ?’ ???? ???? ????? ??? ??”? ????? ??’ ????? ?? ?? ???? ?????? ?”? ?’ ??? ??? ????? ?????? ??????? ????? ???? ?????? ???? ?? ????? ???? ?? ???? ??? ????? ????????? ???? ??? ????”? ????? ???? ??? ????? ????? ???? ????? ????? ?????? ???”? ?? ??? ???? ?? ????? ?????? ??? ????? ?????? ??? ?????? ??? ??? ????? ??????? ????? ???? ??? ????? ??????”? ???? ??? ?”? ???”? ???? ???? ???? ?????? ???? ????? ?? ???? ?????? ??? ???? ??? ???? ???? ????? ????? ??? ???? ???? ????? ????? ????? ??”? ???? ???’ ????? ????? ??? ??’ ?”? ????? ?? ????? ?????? ??? ????
November 3, 2014 4:13 pm at 4:13 pm #1101833Avi KParticipant@Veyoel Moshe, are you referring to the Iranians who are supported by the NK?
November 3, 2014 4:33 pm at 4:33 pm #1101834bp yiddParticipantYou mean nk which are supported by the Iranians but what does one have to do with another?
November 3, 2014 10:39 pm at 10:39 pm #1101835Patur Aval AssurParticipant“According to Rav Soloveichik (“Kol Dodi Dofek”) the miracles of the War of Independence show that Hashem has called.”
I don’t know if that’s a provable assertion. Some might say that it is ma’aseh satan. Which reminds me of a quote I once heard about Napoleon which goes something like this:
“Some say he was G-d, some say he was the Devil, but everyone agrees he wasn’t human.”
November 4, 2014 12:05 am at 12:05 am #1101836bp yiddParticipantpaa exactly
November 4, 2014 3:58 am at 3:58 am #1101837Patur Aval AssurParticipantExactly what?
November 4, 2014 4:17 am at 4:17 am #1101839jewishnessParticipantChasidish Rebbes should not be brought as proof. Only poskim
November 4, 2014 4:37 am at 4:37 am #1101841Patur Aval AssurParticipantR’ Soloveitchik was more of a posek than a Chassidish Rebbe.
November 4, 2014 4:41 am at 4:41 am #1101843bp yiddParticipantWhile r solvetchik was a tzadik he was unfortunately blinded by Zionism and how exactly are you defining more or less of a poisek exactly?
November 4, 2014 4:55 am at 4:55 am #1101844jewishnessParticipantPatur thanks for agreeing. My point is that when you say that some say it was an act of Satan – you are referring to a chasidish rebbe although you are hesitant to mention who it was. I think you mean Satmar.
And my point is that Avi K brought some sold proofs against shalosh shvuos based on real sources. The satan made them win is demagoguery
November 4, 2014 4:59 am at 4:59 am #1101845jewishnessParticipantbp, while the satmar rebbe was a tzadik he was unfortunately blinded by anti zionism. He said there is no mitzvah of yishuv eretz yisroel, maaseh satan etc all things that do not have a basis in halacha.
Best to stick with poskim.
Do you have difficulty seeing a difference between a posek and a chasidish rebbe?
November 4, 2014 5:00 am at 5:00 am #1101846Patur Aval AssurParticipantI realize my post was not clear. I wasn’t saying that R’ Soloveitchik was more of a posek than a Chasidish Rebbe is a posek. I was saying that if R’ Soloveitchik had to be labeled as either a posek or a Chasidish Rebbe, he would be a posek. I was responding to Jewishness by showing that there was no proof brought from a Chasidish Rebbe since R’ Soloveitchik was not a Chasidish Rebbe.
November 4, 2014 5:24 am at 5:24 am #1101847jewishnessParticipantPatur what you say makes sense, however, masah satan is from a chasidish rebbe. Bottom line is that you can not bring any proof by saying it was yad Hashem or from the Satan.
I honestly have no idea how the Satan concept makes sense since the Satan does not work independently. Like everything else in this world, it all comes from Hashem. In Eyov, the Satan could do no more than what Hashem let him do to Eyov. It kind of sounds like kfera to me but I am no posek:-) so who knows…
November 4, 2014 5:41 am at 5:41 am #1101850Patur Aval AssurParticipantJewishness:
I wasn’t bringing a proof to anything; I was just saying that R’ Soloveitchik’s proof is not a proof. I don’t think the Satan argument is that the Satan went against Hashem. I think it’s just a way of saying that just because Hashem caused/allowed a certain thing to happen doesn’t make it right.
November 4, 2014 5:49 am at 5:49 am #1101851🍫Syag LchochmaParticipantjewishness – i know it sounds awful, I actually heard two shiurim on this concept on torahanytime when it came up in the parsha with yosef and his brothers. It is so amazing!
November 4, 2014 6:21 am at 6:21 am #1101852jewishnessParticipantCare to Share, Syag? Or are you working on Shesika?
PAA, I see how that statement about the Satan may merely mean that there is no way to say for certain that since it occurred then it must be right.
But in the same vein I do not think that Rav Soloveitchik’s statement must mean that there is proof that it was right. He was emphasizing that Hashem made it happen. It was the Yad Hashem, which is something everyone in Eretz Yisroel sees all the time, such as in the recent fighting.
November 4, 2014 1:05 pm at 1:05 pm #1101853bp yiddParticipantBut the 10 commandments how do you get around that
November 4, 2014 1:58 pm at 1:58 pm #1101854Patur Aval AssurParticipantJewishness:
From what I understand, R’ Soloveitchik said that the machlokes between the Agudah and Mizrachi was a parallel to the machlokes between Yosef and the Brothers, and in these types of issues Hashem paskens and He paskened like Yosef and He paskened like Mizrachi.
November 4, 2014 2:08 pm at 2:08 pm #1101855Patur Aval AssurParticipant“In a talk he gave to the annual conference of the American Mizrachi-Hapoel Hamizrachi in the mid-1950s, the Rav explained why he had abandoned the Agudath Israel outlook and espoused that of the Mizrachi. Later published under the title “And Jseph Dreamt a Dream,” Rabbi Soloveitchik equated the Mizrachi viewpoint with the actions of the biblical Joseph and the Agudath Israel with Joseph’d brothers. Joseph sought to prepare his brethren for the new life they would encounter in Egypt, The brothers did not understand Joseph, because they looked upon the future as a continuation of the present. They understood their problems within the framework of their life in Canaan, the land of their father’s wanderings. Similarly, the Mizrachi was concerned with building the future of Torah in the Land of Israel, whereas Agudath Israel was primarily focused upon the continuity of Jewish Life in its current Eastern European Centers. The Holocaust convinced the Rav that the Mizrachi position was correct.”
(The Rav The World of Rabbi Joseph B. Soloveitchik p.54)
November 4, 2014 2:14 pm at 2:14 pm #1101856bp yiddParticipantOne of the reasons of the holacaust was the growth of Zionism
November 4, 2014 2:16 pm at 2:16 pm #1101857🍫Syag LchochmaParticipantjewishness – I actually fell asleep looking for the titles, 🙂
One is by Rabbi Tatz called: “Can Your Free Will Affect Me?”
I think the other one was in Rabbi F. Schachters parsha lecture but I will have to double check that.
November 4, 2014 2:19 pm at 2:19 pm #1101858Patur Aval AssurParticipantI think it’s more clear in this quote:
“In his addresses to the American Mizrachi Association, which were subsequently transcribed as the Chamesh Derashot, the Rav explained the first aspect of this change of heart. The Rav noted that in the realm of halachah, the rabbinic majority reigns supreme. G-d gave the Torah to man and our capacity for halachic creativity and decision-making is axiomatic to a live and vibrant relationship to G-d. In hashkafah however, the rules are different. For questions that are outside
soften the blow of exile. The Rav explained that the Mizrachi of 1902 represented Yosef Hatzadik and Agudah represented the other brothers. Mizrachi wanted to reevaluate Jewish life in Europe, to prepare for the Jewish future and ensure Jewish continuity, whereas Agudah were content with the status quo. Mizrachi fought and dreamed, and without them there would have been no place for refugees to go to following the war. Without the yishuv, Hitler would have killed Judaism. The Rav saw this as a full retroactive justification of Mizrachi philosophy.”
(“The Religious Zionism of Rav Soloveitchik: A Synthesis of Worlds”
Pesach-To-Go Nissan 5773 p.67-68)
November 4, 2014 2:19 pm at 2:19 pm #1101859☕ DaasYochid ☕ParticipantSeems to me, at least according to this quote, that his Zionism was more pragmatic than hashkafic or even halachic. What would he say today now that Torah and Jewish life has b”H flourished even for those who are not zionistic?
November 4, 2014 2:23 pm at 2:23 pm #1101860Avi KParticipantWhen Rav Tzvi Yehuda (Kook) was told about the Satanist claim he responded that he was acquainted with the Satan. In any case, to say that the Satan acts without Hashem’s permission and even against His will is a tenet of another religion. Of course, it could be that Hashem wanted to confuse the Satan so he sent him to harden the Arabs’ hearts. Who knows? Maybe He sent the Satan to prevent frum Jews from coming in droves and turning Israel into a Tora state because we are not ready.
As for the machloket between the Aguda and Mizrahi, I heard that both Rav Soloveichiik and Rav Kook compared them to Yosef’s stick and Yehuda’s stick – which will eventually be united. In fact, we see that the National Religious are becoming more frm and yeshivish and the Chareidim are moving out into the general job market.
November 4, 2014 2:46 pm at 2:46 pm #1101861bp yiddParticipantReligious or not according to the Torah you can’t have a state
November 4, 2014 3:30 pm at 3:30 pm #1101862akupermaParticipant“Without the yishuv, Hitler would have killed Judaism.”
Actually, it should say “without the Americans”, Hitler would have killed Judaism (okay, the Brits and the Russians deserve some credit to). While one can (and should) perceive the Allied efforts to defeat Hitler as an example of Hashgacha Pratis, the yishuv did not play a significant role. Indeed, the efforts of the zionists were a major factor, and perhaps the only factor, explaining why the British were anxious to keep Jewish refugees out of Palestine, and in fact, out of any other other place, and one can argue that it was due to the zionists that the expulsion of European Jews (which was Germany’s original plan) became the genocide of European Jews.
November 4, 2014 4:40 pm at 4:40 pm #1101864bp yiddParticipantZionists actually prevented Jews from leaving Europe
November 6, 2014 1:06 am at 1:06 am #1101865tzviki16MemberIsrael is a democracy in the middle east. Eretz Yisrael is something else entirely.
Also anyone interested in ‘religious’ Zionism should read the book written by yoel elchanan (I think it’s called ‘dat hatziyonut’ but I’m not sure). He was raised in bnei akiva and then he ‘converted’. It’s an eye-opener and a must read.
November 6, 2014 1:15 am at 1:15 am #1101866tzviki16Memberwhy are you not showing my post?
November 6, 2014 1:56 am at 1:56 am #1101867bp yiddParticipant@aperkuma thank you
November 6, 2014 2:33 am at 2:33 am #1101868RandomexMember(I have not read through this thread.)
Avi K:
“…eventually be united. In fact, we see that the National Religious are becoming more frm and yeshivish and the Chareidim are moving out into the general job market.
Getting a job is fully within Orthodox Judaism, and does not signify moving closer towards unity with the Datim Leumi’im.
Also, can I assume that intentionally being less frum
is not part of Dati Le’umi ideology? I hope so.
November 6, 2014 6:02 am at 6:02 am #1101870Patur Aval AssurParticipanttzviki16:
So I decided to check out this sefer that you say is a must read. It’s not on hebrewbooks but I managed to find a partial pdf linked on some site. So I read a couple of pages. In the part that I happened to open up to, he was trying to prove that there is no din of milchama nowadays. He writes:
??? ????? ????? ?? ????? ???????? ???”? ??? ???? ????? ??? ???? ???? ????? ??? ????? ???? ??? ??????
???? ??? ????? ???? ??? [emphasis his]
???? ???? ???”? ??? ??? ?? ?????? ??????? ???? ??? ????? ???? ?? ??? ????? ???? ??? ???? ??? ????? ?????? ??? ??? ???? ????? ?? ??????? ??? ???? ??? ??”?
Now what the Chasam Sofer actually does write (Even Haezer 2:155) is:
??? ???? ????? ???”? ?”? ?????? ??? ????? ????? ???”? ???? ??”? ?????? ?”? ????? ???? ??? ?????? ????? ?????? ???? ????”? ??? ??? ?? ???? ??????’ ?? ???? ??? ?? ??? ???? ???’ ??? ?????? ??? ??? ??? ????
?????? ???? ????? ?????? ??? ???? ??? ????? ?????? ??????? ?? ??????? ??? ???? ??? ??? [emphasis mine].
The Chasam Sofer does not say that the din of milchama does not apply nowadays. It is possible that that he means that just the mitzvah of ??? ???? ????? does not apply nowadays, although it is also possible that he means that milchama does not apply nowadays. However, the Sefer Hachinuch in Mitzvah 582 (the mitzvah of ??? ???? ?????) writes:
?????? ???? ?? ???? ???? ????? ???? ??? ???? ??????? ???? ?????? ?? ?? ????? ?????? ?????? ?????? ????? ??? ??? ????? ????? ??? ??? ??? ????? ??? ???? ???? ???
In other words, the part of the mitzvah relating to war does not apply nowadays. Yet the Sefer Hachinuch in several other mitzvos makes clear that milchama does apply nowadays. For instance in Mitzvah 526 he writes:
?????? ???? ?? ?????? ???? ???? ????? ?????? about appointing a Kohen for war.
In Mitzvah 527 he writes:
?????? ???? ?? ???? ?????? ?? ????? ?????? ??? ?????? ??????
and in Mitzvah 532 he writes:
?????? ???? ?? ???? ?????? ?? ????? ?? ?? ??? ??? ???? ?????? ???? ?????
Perforce, the fact that ??? ???? ????? doesn’t apply does not mean that milchama doesn’t apply.
He also quotes the Noda B’yehuda as proof. The Noda B’yehuda writes:
??? ??”? ?? ????? ?? ??? ???? ????? ???? ?????? ????? ??? ??????? ??? ?”? ?”? ?? ????? ???? ?????? ????? ??? ??????? ???? ????? ?”? ?? ?”? ???? ?????? ???? ????? ?????? ??? ??? ??? ??? ????? ??? ????? ???? ????? ????? ????? ??”?
However seeing as the Noda B’yehuda doesn’t mention milchemes mitzvah and it is in fact a machlokes rishonim whether yefas toar applies to a milchemes mitzvah, this doesn’t really prove that you can’t have a milchemes mitzvah nowadays.
The above are my observations from the two pages that I read.
November 6, 2014 6:49 pm at 6:49 pm #1101872Avi KParticipantBP,
1. On the contrary it is a Tora mitzva to have a state (Devarim 17:14 and see He’emek Devar that this includes a democracy).
2. Jews were prevented from leaving Europe by the British and Americans (who refused to ease immigration quots even slightly) as well as rabbanim who told them not to leave.
Randomex, until now the Chareidim have “forgotten” that getting a job is fully within Orthodox Judaism.
Tzviki and Patur, what does a milchemet reshut have o do with this discussion. According to Ramban (Sefer HaMitzvot, mitzvot that Rambam “forogt” there is a mitzva to wage war to conquer EY in our time. According to Rambam (Hilchot Melachim 5:1) any war to save Jews is a milchmet mitzva. Rav Herzog wrote in a letter to Ben-Gurion:
??? ????? ?? ???? ????? ????? ????, ??????? ???? ??????? ????? ???
????? ???? ?????? ]??? ????? ???? ?????? ??? ??? ????? ???? ??
?????? ??????, ???? ????? ????? ?? ????? ??????, ???? ???????
??????? ????? ???? ???? ????????? ????[
Rav Ovadia (see Yalkut Yosef 128:78) wrote:
????? ??????? ?????? ?? ?????? ?????, ??? ????? ??????? ??????, ????? ????? ?????? ?????, ??? ??? ??? ????? ??????? ?????? ????, ???? ??????? ?’ ????? ?????? ?? ????? ??? ?????, ?????? ????? ????? ???? ?? ?????
November 6, 2014 7:46 pm at 7:46 pm #1101873Patur Aval AssurParticipantTzviki and Patur, what does a milchemet reshut have o do with this discussion.
That was precisely my point. The sefer which I was critiquing was trying to prove that all milchama doesn’t apply nowadays, from the Noda B’yehuda who might have onlt been talking about a milchemes reshus.
November 6, 2014 8:19 pm at 8:19 pm #1101874Patur Aval AssurParticipantEarlier I posted two quotes of R’ Soloveitchik’s position, but I used secondhand (one of them was actually thirdhand)) sources because I couldn’t find my copy of Hamesh Derashot. Well I found it, so here is the firsthand source (although it is an English translation of a Hebrew translation of R’ Soloveithik’s speech in Yiddish):
We all know the story of the “oven of Achnai”. When in the course of a talmudic dispute, a legal discussion over a question of ritual impurity, R. Eliezer ben Hyrkanus tried to adduce miraculous proofs for his view, to the extent that a Heavenly voice proclaimed him to be in the right, the other Sages refused to accept his opinion and ignored those signs. When he then refused to accept the majority view, they banned contact with him – and he remained in that bitter state until his death. Subsequently, the death and suffering of colleagues and students was attributed to their treatment of him. We still remember the days when we had earned, trembling and with tears in our eyes, about R. Joshua b. Hanania standing up and proclaiming: “The Torah is no longer in Heaven!!”
God handed over technical legal matters to the authority of the Sages, to rule on what is clean and what unclean,to decide between obligation and exemption, forbidden and permitted. But in historical questions, not those relating to the legal status of ovens, food, or determination of fixed monetary obligations, but those relating to the destiny of the Eternal People, God Himself decides as to whose interpretation shall become the “law” (the historical development). Nor can anyone dispute the ruling of God in this domain. In the controversy between Joseph of yore and his brothers thousands of years ago, God decided in accordance with Joseph’s interpretation of the historical process. In our days, the Creator of the universe similarly decided that the (historical) “law” will be as Joseph of 5662 (religious Zionists) had predicted – in accord with the view of him who had little faith in the future of East European Jewery and who dreamed of another land and other conditions.
I would like to ask a simple question: what would the yeshivot and Torah scholars rescued from the holocaust – these burning embers taken from the fire – have done if the Joseph of 5662 had not trod a path for them in the Land of Israel, and had not made possible the transplanting of the Tree of Life of Lithuania and other lands in the Holy Land?
I sometimes think that were the great brethren of the “Joseph” of 5662, world reknowned genius personalities in Torah and sublime saints, living today, they would also discern the Divine miracle in the establishment of the Sate of Israel, and they would utter song and praise to the Holy One, blessed be he.
(Excerpted from And Joseph Dreamt a Dream printed in The Rav Speaks)
November 7, 2014 12:50 am at 12:50 am #1101875Patur Aval AssurParticipant“when we had earned, trembling” should be “when we had learned, trembling”
November 7, 2014 1:46 am at 1:46 am #1101876Yosi7MemberAvi K: the amount of Sheker spread in you post is unbelievable. I will respond to your points
The Shalosh Shevuot are a halachic non-starter.
1. They are aggadata not halacha. In fact, none of the codes (Mishna Tora, Tur, Shulchan Aruch, Rema) mention them nor do the Rif, the Rosh or the Nossei Keilim.In fact, Ramban (Sefer HaMitzvot, Mitzvot that Rambam “Forgot”) states that there is a Tora mitzva to conquer EY is our time.
2, In his introduction to Sefer Etz Chaim, Rav Chaim Vital writes that they were only for 1,000 years.
To be sure not everything Rav CHaim Vital says is Halacha. BUT he does not even say this. Rav Chaim Vital quotes the Zohar in bereishis which is talking about Hashem’s oath to keep us in Galus will only be for 1,000 years (the zohar say after 1000 years is because people did not do teshuva). Not talking about the Shalosh Shevuos.
There are lots of refutations to your last 3 oaths I just dont have time right now.
November 7, 2014 2:36 am at 2:36 am #1101877ivoryParticipantIf you want your refutations to be taken seriously you can’t say I don’t have time now. I don’t have the proofs to argue but there is a lot of evidence that the zionists could have saved alot more people during World War II but didn’t because it wouldn’t advance their goals at the time.
November 7, 2014 3:31 am at 3:31 am #1101878bp yiddParticipantIf you refused to go to ye then the zionists refused to help you that was there system and the satmar Rebbe didn’t ask for Zionist help a Zionist came and helped him
November 7, 2014 3:55 am at 3:55 am #1101879Yosi7MemberIvory- you obviously did not read anything I wrote where I had plenty of sources backing what I was saying. All I was saying in the last sentence was that the last 3 points AviK made I would go through later.
November 7, 2014 4:08 am at 4:08 am #1101880JosephParticipantDaMoshe: Your “facts” are fiction. Nothing in your narrative is accurate.
November 7, 2014 1:05 pm at 1:05 pm #1101881DaMosheParticipantLior: Ok, can you tell me what really happened?
November 7, 2014 3:43 pm at 3:43 pm #1101882Patur Aval AssurParticipantYosi7:
You wrote:
Avi K: the amount of Sheker spread in you post is unbelievable.
I think that is a bit of an overstatement. It is true that none of the codes codify the oaths. Your only claim is that there are some Rishonim/Acharonim who did hold the oaths to be halachically binding. Before I address your sources, I will just quote R’ Moshe Feinstein:
????? ?? ???? ????? ??? ???? ?? ??? ??? ?????? ?? ????? ???”? ?? ????? ?????? ??? ???????? ?? ??????? ???? ????? ????? ?????? ?????? ????? ?? ??? ????? ????? ??? ??????
Now as to your sources:
1) The Riaz: After discussing the virtues of living in Israel, he writes:
????”? ??? ??? ?????? ????? ??? ???? ???? ???? ????? ?????? ???? ??? ???? ??? ?? ????? ???’ ???????? ??’ ?? ????? ??? ?????? ?? ????? ?? ?????
This is probably your best source.
2) Maharsha: First of all, it’s in the Chidushei Aggados, not the Chidushei Halachos. He says:
??? ???? ????? ????? ??’. ?”? ???? ????? ??? ??? ?????? ????? ??”? ??? ??? ???? ???? ??? ???? ?????? ??? ????? ??????? ?????? ???? ????? ???? ???? ??? ???? ???’ ????? ???? ??? ??”? ?? ??? ???? ???? ??? ??? ?? ???’ ?????? ??? ?????? ?? ???? ????? ??? ???? ??? ?????? ?? ??? ?????? ?????? ???? ??? ????? ??????? ?”? ???? ??? ????? ??? ????? ???? ????? ??? ?????? ????? ???? ?????. ?????? ?????? ????. ?? ???? ???? ????? ??? ?????? ????? ??? ?????? ???? ??? ????? ??? ??????? ?? ???? ??? ?????? ?? ?????? ???? ?????? ???? ??? ????? ??? ?????? ?????? ??? ??????? ??’ ????? ???? ???? ????? ?????? ???? ???? ???? ???? ????? ???? ???? ???? ?? ?? ???? ??? ?????? ???? ????? ?????? ???’ ??? ???? ??? ??? ??? ???? ?? ????? ??? ?????? ????? ?? ??? ?????? ???’ ??’ ??????? ?? ?? ???? ??? ?????? ?? ?????? ???? ????? ????? ?????? ?????? ???? ??? ?????? ??? ???”?. ??? ????? ?? ??? ??’. ???? ???”? ???? ?? ???? ??? ???? ??????? ??? ???? ???? ??? ????? ??????? ?? ?????? ??? ???? ??????? ??? ?????? ????? ??? ????? ?? ????? ?????? ??? ???’ ??”?
He is saying pshat in the gemara, not saying practical halacha.
3) Rivash: It’s not in siman 110; it’s in siman 101. He says:
????? ????? ???? ???? ???’ ??”? ??? ??? ?????? ???? ????? ???? ??? ???”? ???? ??’ ??? ????? ?????? (??:) ???? ????? ???? ??’ ??? ???? ?? ?? ????? ?’ ???? ???? ????? ????? ?? ???? ?? ???”? ??? ???? ???? ????? ???? ????? ??? ???? ???’ ?? ??? ???? ????? ????? ????? ??? ????? ?? ??? ????? ???? ?? ???? ????? ???? ??? ??? ??? ???? ?????? ?????? ???”? ?????? ??? ???? ?????
He is not quite saying that the oaths are halachically binding.
4) Rashbash: After saying that there is a mitzvah applicable in all times to live in Israel, he says:
???? ???? ?? ???? ???? ????? ??? ????? ????? ??? ??? ??? ??? ????? ??? ???”? ????? ?????? ??? ?????? ???? ???? ?????? ?????? ????? ?”? ?? ????? ?? ????? ?? ??? ???? ???? ????? ??? ???? ??? ????? ?? ??? ??? ????? ?? ??? and he then reiterates that there is still a mitzvah on every individual. And he does not say “that his grandfather also said that during Galus it is not a general mitzvah on all of klal Yisroel because that is an issur!”
5) Rashash: The only comment he makes about the oaths is to change ????? to ?????.
6) Yaavetz: He also changes ????? to ????? and about the oath of ??? ???? ?? ??? he writes:
??? ???? ??? ??? ???? ????? ?????? ???????? ????? ???? ????? ????? ???????? which has nothing to do with whether the oaths are halachically binding.
7) Yafeh Einayim: He says ?’ ?????? ????. ????”? ?”? ?’ ?????? ???? ?? ????? ?? ??? ???? ???’ ???? ?”? ???”? ??’ ???? ??? ?’ ?????? ??? ????? ???? ????? ???? ???? ???? ????. ??? ?????. ??’ ???”? ??”?. ??? ????. ??’ ??”? ???? ????? ?? ?? ???? ?????? ?”?
which also has nothing to do with whether the oaths are halachically binding.
8) Megillas Esther: It’s not on Mitzvah 4; it’s on the fourth mitzvah on the Ramban’s list of mitzvos that the Rambam forgot. He says:
???? ?? ?? ?? ??? ???? ??? ??? ??? ????? ????? ???? ??????? ?? ???? ?? ???? ??? ?????? ???? ??? ??? ??? ??? ????? ??? ??? ???? ??? ????? ??? ???? ?? ????? ?????? ?? ?? ??? ????? ?? ?????
??????? ??? ?? ????? ???? ??????
??? ????? ?????? ???? ????? ?? ???? ????? ??????? ????? ?????? ???? ???? ??????? ???’ ????? ?? ??? ???? ????? ????? ??? ???? ????”? ??????? ???? ?? ???? ???? ??? ????? ???? ??? ???? ?? ???? ???????? ?????? ??? ???? ??? ??????? ?????? ???? ???? ???? ?? ???? ???? ???? ????? ???? ??? ????? ??? ???? ???? ?? ??? ????? ????’ ?? ??? ??? ??? ????? ???? ???? ???? ?? ???? ??? ????? ?”? ??? ?? ????? ???? ??”? ???? ???? ????? ???? ????? ???? ???? ??? ??? ???? ????? ?”? ??? ?????? ??? ??? ???? ??? ??? ????? ?? ????? ??? ??? ???? ???? ???? ??? ???? ??”? ????? ?????? ????? ????? ???? ????? ????? ??? ?????? ????? ?? ?”? ??? ??? ??? ???? ????? ???? ?? ??? ???? ???? ??? ??? ????? ?????? ??? ????? ?? ?????? ????? ??? ????? ??? ??????? ??? ???? ?? ???? ????? ?? ???? ????? ??? ??? ????? ?? ?????? ???? ?? ??? ??? ?????? ?????? ??? ???? ?????? ???? ?? ???? ????? ??? ????? ???? ????? ????? ?????? ???
9) Ramban: I assume you are referring to Sha’ar 1 Perek 12. He says:
???? ???? ?????? ???? ?????? ?????? ???? ??? ???? ?? ???? ???? ????? ????? [??????] ????? ??? ??? ????? ??? ?????? ???? ??????? ????? ??? ??? ????? ?? ?? ??? ???? ?? ????? ??? ?? ???? ???? ???? ???? ???? ????? ???? ?? ????? ???? ?? ??? ??? ?????? ????? ??? ?? ??????? ?? ??? ????? ??? ???? ??? ??????? ???? ????? ?? ????? ????
???? ???? ????? ?????? ???? ???? ?? ???? ?? ??? ??? ??? ??? ????? ??? ???? ???????? ??? ?????? ??? ???? ???? ?????? ?? ??? ???? ??? ??? ?????? ?? ??? ??? ?????? ????? ??? ??? ????? ?? ??? ????? ??? ???? ?? ????? ????? ??? ???? ???? ??? ?????
He is not discussing the oaths from Kesubos.
10) Rambam: He writes:
???? ???? ???? ?”? ???? ???? ?????? ??? ???? ???? ????? ????? ??????? ??? ???? ????? ?????? ??? ??????? ????? ????? ??? ?????? ???? ?? ??? ???? ???? ?????? ???? ???? ??????? ??? which does not seem to be a statement about the halachic bindingness of the oaths.
11) Maharal: I’m not going to quote it since it’s several pages long. But here is the link: http://www.hebrewbooks.org/pdfpager.aspx?req=42853&st=&pgnum=543 In his Chiddushei Aggados on the Gemara in Kesubos he writes similarly: http://www.hebrewbooks.org/pdfpager.aspx?req=14194&st=&pgnum=190
Again though, he is not really discussing what is halachically permissible for Jews to do; he is discussing the galus that Hashem was gozer.
12) Kaftor V’ferach: He writes:
???? ?? ???? ?? ??? ????? ?? ???? ??? ??????? ??? ???? ?????? ?? ????? ??? ?????? ???’ ??? ???? ???? ??? ???? ????? ?????
To summarize:
The only ones who explicitly apply the oaths in practice are the Riaz, the Rashbash, the Megillas Esther, and the Kaftor V’ferach (maybe you could put the Maharal in this category). And even within these four, not a single one of them says that it’s assur. So was it correct for Avi K to say that it’s a halachic non-starter? Ok, maybe non-starter was too strong of a term. But the fact remains that none of the codes codify it.
As per my original post on this thread, what I have just written is not an advocation for Zionism. It is simply a halachic discussion.
November 7, 2014 3:52 pm at 3:52 pm #1101883Patur Aval AssurParticipantQuestion:
I see that your list of sources is copied and pasted from Frumteens. Did you look up the sources before posting them here?
November 7, 2014 5:06 pm at 5:06 pm #1101884Yosi7MemberPatal Aval Assur– though their are mistakes in that list I am partly responsible for putting that list together which somehow got to Frumteens. Also, look up the Maharil in Netzach Yisroel chapter 24 here it is: ??? ????? ???? ?????[?] ????? ?? ???, ?? ?? ?? ??????? ?????, ?? ????? ???? ?? ????? ???? ????, ??? ????? ??? ??????? ???? ??????? ?????? ????? ????. ???? ??? ??????? ????? ?? ???, ???? ?????? ?? ???? ???????? ????, ???? ?????? ????? ?? ???. ??? ????, ???? ?? ??? ???? ??? ?????? ??? ????. ???? ?? ????, ?? ????? ‘????? ?? ???’ ????? ???? ???? ????? ?? ???, ???? ?????? ?? ???? ?? ???, ?????? ??? ????? ???? ??? ???? ????? ?????. ?? ???? ?? ???, ?? ?? ?? ????? ??? ????? ?????, ?? ??? ?????. ???? ????? ‘????? ?? ???’, ???? ???? ?? ?? ???? ????? ????? ???? ?????? ???, ?? ???? ?????? ??? ???? ????? ???. ??? ?????? ??? ?? ??? ????, ??? ????? ??:
He says that what must keep the Shevuos L’halacha even under threat for life (i.e it is Yaahareh vaal yaavor)
I agree that the rashbash says there is a Mitzvah on the individual of Yishuv E’y but he does hold of the issur of Ya’aleh K’choma. The Rambam you quoted shows the Rambam warning us of the terrible consequences that will happen from violating the Shevuos obviously even if he holds they are not Halacha (which is not pashut) still he holds they are a terribe idea.
November 7, 2014 5:54 pm at 5:54 pm #1101885Patur Aval AssurParticipantTo be sure not everything Rav CHaim Vital says is Halacha. BUT he does not even say this. Rav Chaim Vital quotes the Zohar in bereishis which is talking about Hashem’s oath to keep us in Galus will only be for 1,000 years (the zohar say after 1000 years is because people did not do teshuva). Not talking about the Shalosh Shevuos.
He writes as follows:
??? ??? ??’ ??”? ???”? ?????? ???? ???? ??????? ???’ ????? ?????? ?? ??? ???? ?????? ?????? ?????”? ??? ?????? ?? ?????? ?? ????? ????? ???? ???? ????? ??? ??”? ?? ????? ??? ????? ?? ???? ????? ??? ?????? ????? ???? ?????? ????? ??? ???? ????? ????? ????? ????? ?”? ???? ??? ???? ???? ??”? ?? ??? ?????? ??? ?? ??? ???? ??”? ?”? ?????? ??’ ?????? ????? ?????? ?”? ????? ??”? ???????? ????? ?? ???? ??????? ???? ???? ???? ????? ???”? ????? ????? ?? ???? ????
??? ?? ??? ?’ ????? ???’ ?”?
Since ?????? ???? ???? ??????? is the Gemara’s source for the oath of ??? ???? ????? ????? then R’ Chaim Vital is either saying that it no longer applies, or he is arguing with R’ Zera that that was ever the oath to begin with.
November 7, 2014 6:01 pm at 6:01 pm #1101886Patur Aval AssurParticipantYosi7:
I already linked the Maharal in my post above. My point was that he is explaining the medrash; he doesn’t say anything about whether they are halachically binding on us today.
Just to clarify, my point is not that there are no sources about the three oaths. There are. The point is that they weren’t codified. And the main point of my post was that l’ma’an haemes, the majority of sources you quoted were not actually proving your point (and a few of them were miscited.
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