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March 30, 2016 5:17 am at 5:17 am in reply to: Soldier who killed the "neutralized" terrorist #1144427Avi KParticipant
A person who c”v murders a gentile is only exempt in a din Torah. The secular authorities may execute him along with all others who are exempt in bet din (Rambam, Hilchot Rotzeach 2:4). I heard that the bet din does not kill him because the chillul Hashem is so enormous that even this does not bring atonement, which is the function oft he bet din. The secular authorities, on the other hand, have the duty to maintain public order (see Iggerot Moshe Choshen Mispat 2:68 – Rabbi Aharon Soloveichik opposed capital punishment but it is not clear if his reason was that there is no power today or if he felt that the system in force was not sufficiently careful).
Avi KParticipantI refer you to the articles on jury nullification in the Wikipedia and various legal websites.
March 29, 2016 5:09 pm at 5:09 pm in reply to: Soldier who killed the "neutralized" terrorist #1144406Avi KParticipantJoseph, you have not cited one source, only a generalized contention. This is not always correct. For example, it is equally prohibited to rob or oppress a gentile (Choshen Mishpat 359:2) or to deceive him (ibid 228:6).
March 29, 2016 5:02 am at 5:02 am in reply to: Soldier who killed the "neutralized" terrorist #1144397Avi KParticipantEmeslaamito, please cite your source for your contention that the rules of engagement are different?
mild edit
March 29, 2016 5:01 am at 5:01 am in reply to: ISIS destruction of Roman era Avoda Zora temples and statues #1144324Avi KParticipantIt could be that those who turned them into ruins mevattled them.
Avi KParticipantI heard that some poskim allow inviting non-Jews for Yom Tov if one does not cook at all on Yom Tov.
Rav Shlomo Zalman Auerbach says that the custom of old was to invite non-Jewish dignitaries to the Pesach Seder. This was apparently important to promote good relations between the Jews and their non-Jewish neighbors or hosts (see Shulchan Shlomo, Yom Tov Vol. 1, p. 207, note 8). The Minchat Yitzchak (3:8) is lenient regarding people are in the process of becoming Jewish.
Avi KParticipantCruz.
March 25, 2016 10:26 am at 10:26 am in reply to: What is the appropriate punishment for financial crimes? #1143439Avi KParticipantCharlie, based on what is stated in “Use Tax for Businesses” on their website I would not give it much chance against a court challenge considering the established jurisprudence and SCOTUS’ ruling which I posted previously.
According to “criminal Defense Lawyer” to establish that someone has committed tax perjury the government must prove that the defendant
1. signed a false document, whether a tax return or any other paper submitted to the IRS
2. stated that he or she signed it under penalty of perjury
intended to violate the law.
Thus, it would seem that if a person reasonably believes that this tax is illegal he has not committed perjury.
Avi KParticipantSpider, besides the fact that Carter only barred Iranians, that makes you think that he is an expert on the Constitution? Besides, how would he know someone’s religion? Would the clerks ask?
Avi KParticipantRav Soloveichik is quoted in “On Repentance” as saying that when he told the chazan in his shul not to repeat words he was told that that would ruin the tune. Apparently some people do not know the difference between a bet knesset and a bet opera.
March 23, 2016 2:59 pm at 2:59 pm in reply to: What is the appropriate punishment for financial crimes? #1143432Avi KParticipantYW, Gavra. Purim sameach.
March 23, 2016 6:33 am at 6:33 am in reply to: What is the appropriate punishment for financial crimes? #1143430Avi KParticipantZahavasdad, the Merriam-Webster dictionary defines “crime” as”:
: an illegal act for which someone can be punished by the government
: activity that is against the law : illegal acts in general
: an act that is foolish or wrong
Gavra, that is a complex issue. I refer you to the Machon Tzomet’s on-line article
???? ?????? ?????? ??? ????? which discusses it. However, apparently this does not include a case where the ???? can make an evaluation or has a range (in the case of fines) as the practice in Germany was for the shamash to enter Jews’ homes and see how they were living in order to assess their communal tax obligations (“Yuspa of Worms”)
Avi KParticipantWrong, Little. And wrong, DY. That pasuk has everything to do with it. Not to mention the various halachot regarding ????? ??? and ???? ??????. As Casey Stengel said, you can look them up.
Avi KParticipantLittle, apparently the little you know does not include Bamidbar 32:22.
March 21, 2016 6:34 pm at 6:34 pm in reply to: What is the appropriate punishment for financial crimes? #1143427Avi KParticipantGavra. in NYC jaywalking is a municipal offense (see “A Brief History Of ‘Jaywalking’ In NYC”). In other jurisdiction it may be a violation of a state law. Cities are state entities so they also have a degree of sovereignty in accordance with state law. Depending on the circumstances it could also be a violation of “venishmartem meod lenafshtechem”. I once read that when a woman jaywalked without incident in Israel another woman walked up to her and told her that some of her merits in Heaven were spent.
Avi KParticipantIf one davens slowly he should do so in a place where no one is in front of him or there is a chatziza so as not to either rob him of his time or machshil him in stepping back when he finishes. If someone is waiting for him (not necessarily if he is the Shatz) it is also gezel zeman. BTW, Rav Chaim Brisker used to daven quickly. When someone pointed out that one should daven like he counts money he replied that he also counted money quickly.
March 21, 2016 5:38 pm at 5:38 pm in reply to: What is the appropriate punishment for financial crimes? #1143421Avi KParticipantDY, North Dakota’s use tax was struck down (Quill Corp. v. North Dakota, 504 U.S. 298 (1992)) by SCOTUS. The Illinois Supreme Court struck down that state’s use tax 6-1 (PERFORMANCE MARKETING ASSOCIATION, INC.v. HAMER), Some states have tried to get around it by making it into a type of surtax on income taxes but until and unless Congress acts (the Senate passed a bill three years ago but the House has yet to pass it). Of course, one can get around NY’s completely by having the merchandise delivered to a friend or relative in NJ, which does not have such a tax.
As for criticizing other people’s failings, there is a mitzva to inform someone when he is violating the Halacha if he is generally observant. It is certainly a mitzva to make a general observation that something is prohibited.
March 21, 2016 1:42 pm at 1:42 pm in reply to: What is the appropriate punishment for financial crimes? #1143399Avi KParticipantDY, I was referring to the word “technical”. Do you understand now?
Nisht,
You are confusing sales taxes and income taxes. In Quill Corp. v. North Dakota, the Supreme Court ruled that a business must have a physical presence in a state for that state to require it to collect sales taxes. However, the court explicitly stated that Congress can overrule the decision through legislation. So far as I know proposals to do this have failed.
So far as the cleaning lady is concerned, if what you pay her is below a certain amount you might not be required to withhold anything. Her obligation is her problem (although I did onceread that Rav Soloveichik said that there is a problem of “lifnei iver”if you know that she will not report).
Avi KParticipantSpider, sodomy? According to the Xtian meaning or the Jewish meaning (middot Sodom)? In any case, I agree that Hillary being elected will be a catastrophe but I fear that Trump being elected will be a disaster. Unless, of course, this is all hype and he will settle down to the serious business of running a country like a businessman.
Avi KParticipantSpider,
1. You are correct about Hillary. However, I do not trust Trump. Look his flip-flops on Israel.
2. Look at what goes on at his rallies. Not to mention that he has explicitly called for violence. He also said “I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. … “. That is simply being dishonest as the courts would not allow it but then as POTUS he could appoint like-minded judges.
3. Trump wants a religious test for immigration, which is another flagrant violation of the Constitution.
4. Trump in no way reflects Torah values. He is coarse and profane. He cannot quote the NT correctly, which IMHO is a big minus for an American. Dostoyevsky said that if Gd is dead (as Nietzsche claimed) then all is permitted.
Avi KParticipantHealth, I have long thought that about liberalism. In any case, conspiracy theories are after the fact and by nature are contentions.
The following account appeared in the Washington Post:
[retired United States Air Force four-star general and former Director of the National Security Agency Michael V.]
[Bill] Maher asked.March 20, 2016 1:26 pm at 1:26 pm in reply to: What is the appropriate punishment for financial crimes? #1143385Avi KParticipantDY,
1. Take an Aramaic course. Dina d’malchuta dina means that secular law is Halacha.
2. I was commenting on your use of the term “technical level”. Being that you brought it up, wouldy ou say that someone who did a melacha one minute after Shabbat comes in (ben hashemashot may be part of erev Shabbat or may be part of Shabbat) is mechallel Shabbat on a technical level?
March 20, 2016 5:47 am at 5:47 am in reply to: What is the appropriate punishment for financial crimes? #1143381Avi KParticipant1. How much one recovers from writing off losses due to Madoff depends on one’s tax bracket. However, it will never be even close to 100%.
2. DY, what do you mean “on a technical leveL”. If someone writes on Shabbat is he only mechallel Shbbat on a technical level?
Avi KParticipantSee the article Donald Trump: Social-Justice Warrior” in National Review for Trump’s views on free speech. I would imagine that SCOTUS and the Congress would knock them down as courts have knocked down various and sundry laws that violate the Free Speech and Establishment clauses. The question is how he would react. Not to mention the fact that a least one general has implied that the armed forces would mutiny if he gave orders to kill terrorists’ families and the like. This, of course, would lead to a Constitutional crisis not seen since the Civil War.
March 18, 2016 6:07 am at 6:07 am in reply to: What is the appropriate punishment for financial crimes? #1143374Avi KParticipantEretzHaK, see Rav Bleich’s article ‘Capital Punishment in Noahide Law” in “contemporary Halachic Problems” vo. 2. There he discusses the issue of the jurisdiction of non-Jewish governments over Jews in criminal cases. In any event, according to Rav Schachter a democracy is a partnership between all citizens, Jews and gentiles so it would seem that all would agree that it has the power of mishpat hamelech. Please cite sources for the greater severity of punishment in harming a Jew (and note the Meiri’s well-known exception). In an ycase, according to Rav Schachter one who steals from a democratic government also steals from Jews. The should be obvious as all taxpayers are harmed.
As for the appropriate punishment, it depends on the crime. Someone who evades $1,000 in taxes should be fined although he probably is not worth the trouble and expense of trying him. For someone like Madoff or Shalom Weiss who ruined people’s lives a symbolic death penalty such as they received is totally appropriate.
The place of the battei din in all of this is educational due to the enormous chillulie Hashem created. In fact, various rabbanim in conjunction with figure such as Benjamin Branfman has been conducting yamei iyun on this subject.
Avi KParticipantTrump says so many different things that it is hard to know what he thinks. He rails against corporations leaving America but his name-brand clothes are made in China. He was endorsed by Duke (although he repudiated him) but is proud of his frum gioret daughter and Jewish grandchildren (kashia on Duke). Clinton, on the other hand, is a known enemy of Jewish rights to EY, a professional liar (she was fired from a staff position on the Watergate committee for unethical behavior) and may jsut be indicted (in Obama doesn’t pardon her just before he steps down).
Avi KParticipantMlk,
1. A wise person sees what is coming. he should have davened BEFORE he started to drive. If he oculd not make it home in time from whatever emergency with which he dealyt (assumingthat it was an emergency) he should make arrangements to spendShabbat in the vicinity. If he could not he is now anoos and can daven an extra Amida after Maariv. Of course, if he is stopped completely there is no problem although he should put his car into neutral. Perhaps this is what the autot of the sefer meant.
2. How cany people habitually rush through the tefilla for various reasons?
Avi KParticipantThere is a story about a Jew who was browsing in a store window when he felt a punch in his chest. When he did not see anyone he realized that he was at “Selach lanu”. The Gerrer Rebbe once welcomed someone back after the davening was over. He said to the puzzled man “You just returned from overseas”. He also said that Jews are better at business than gentiles because we have three times to think about it each day. Apparently the writer of this sefer has the same opinion of how most people daven.
Avi KParticipantSomeone descended from a line of Jewish mothers is halachically Jewish. Thus, if the daughter of a daughter of a Jewish woman marries a man whose father’s father’s father was Jewish, and thus has a Jewish name, the children will be Jewish and will have a Jewish name. Of course, there are also names which are sometimes Jewish and sometimes non-Jewish German, such as Weiss. In addition, names were often changed by immigration clerks. I know someone who knew a man named Cohen who was a Yisrael. He came to America with a long Polish name and the clerk asked why he couldn’t have a simple Jewish name like “Cohen”. He did not want o start up so he agreed.
March 1, 2016 5:52 am at 5:52 am in reply to: Should Yeshiva's (all of them) say Mishberach for Israel soldiers on Shabbos? #1139782Avi KParticipantTruth (in Russian “Pravda” – they used to say that there is no pravda in “Izvestia” [news] as no izvestia in “Pravda”], as Casey Stengel said “You can look it up”.
March 1, 2016 5:51 am at 5:51 am in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139713Avi KParticipantUbiquitin,
1. YW.
2. Profound!
3. Mida keneged mida.
4. TY.
5. Shev v’al taaseh.
March 1, 2016 5:49 am at 5:49 am in reply to: which is frummest? football, baseball, basketball or hockey? #1139562Avi KParticipantTruth, I do not consider either Dr. Calderon, Shaked or Smotrich to be an authoritative interpreter of Rav Kook. I also do not consider myself to be their spokesman (although I might accept the job for the right salary). However, if they want to take inspiration from him that is fine. He himself said not to make “Kookistim”. That is to say, the tent is big. If what she meant is that Chareidim should get off the shnor and into the IDF and the job market she is right.
Avi KParticipantI am supporting Cruz because of his traditional values and strong support for Israel. Rubio is also good and according to the polls has a better chance to beat Clinton, who will most likely be the Democratic candidate. If I were Rubio I would make a deal with Cruz to nominate him for an important judicial post. Given his legal acumen this makes eminent sense and with his youth he would have an impact for the next two generations.
Avi KParticipantThe MacDonald’s in the center of Yerushalayim has a hechsher.
February 29, 2016 5:51 pm at 5:51 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139710Avi KParticipantUbiquitin,
1. Not at all. Their yichus in unclear. The Ridbaz (Responsa, 4:219) accepted one of their number as a Jew but that was almost five hundred years ago. Since then there is no way of knowing whether or not they intermarried.
2. I thought that that was obvious from my statement “I do not know if anyone has even asked before you.” IMHO it would not be better to ask a clear-cut gentile to be on the safe side. However, if you are in Israel or plan to come and have a burning desire to have such a problem on Shabbat and davka ask one of them you should ask your LOR as I posted.
Avi KParticipantCharlie, what about destroying e-mails, using a non-secure server for sensitive correspondence and accessory to the murder of American diplomats? While it i s not a crime you can throw in professional liar from way back. Democrat Jerry Zeifman says that she engaged in a variety of unethical and illegal practices as a young staffer on the Watergate committee. In the end he fired her and refused to give her a letter of recommendation. He also said that he regrets not filing a complaint against her with the appropriate bar association.
February 29, 2016 1:19 pm at 1:19 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139707Avi KParticipantUbiquitin,
1. It was definitely true regarding the Ethiopians. I do not know what the procedure will be regarding the Kaifeng community but it would seem to me that it should be the same as for the Ethiopians.
2. I do not know if anyone has even asked before you. If you have a strong desire to sell him chametz (assuming that you are expert in the procedure) I suggest that you ask your LOR. Regarding Shabbat, you cannot even ask a certified gentile to do a melacha d’Oraita except under extreme circumstances (e.g. you forgot to turn on the heat and are freezing). Even a shevut requires a tzorech mitzva, hefsed meruba or choleh sheain bo sakkana. You can learn some of the basic halachot of “amira l’akum” in Orech Chaim 307.
February 29, 2016 6:12 am at 6:12 am in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139705Avi KParticipantUbiquitin, if there is evidence of their Jewishness but not proof positive they are safek Jewish safek goyim. Therefor, they must undergo giur without a beracha (this was done with the Ethipians). On the other hamd, they could not violate the Halacha. As for Shabbat, being that for gentiles the night follows the day they could do melachot on erev Shabbat and motza’ei Shabbat. Another possibility (for men) is wearing tziztiot in a reshut harabbim. If they are not obligated it is carrying, if they are it is not.
Avi KParticipantCharlie, then you admit that the choice might be between a neveila and a tereifa? Unless Bloomberg, who is at least a fiscal conservative, runs as an independent.
February 29, 2016 5:55 am at 5:55 am in reply to: which is frummest? football, baseball, basketball or hockey? #1139555Avi KParticipantAkuperma,
1. Who says that men are not allowed to wear shorts other than during davening?
2. If someone can get out of Shabbat participating is better as it provides exercise that the body needs. For this reason Rav Kook encouraged sports in general while condemning Shabbat games.
February 28, 2016 5:44 pm at 5:44 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139702Avi KParticipantTrue, Joseph. In fact, Shavei Israel has brought back many of them and recently brought several descendants of the Kaifeng community to Israel. Of course, they must undergo giur l’chumra as they do not have proof of their lineage.
February 28, 2016 1:29 pm at 1:29 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139698Avi KParticipantYehudayona, I knew smeone (he has since left this world) who was in ortugal for a professional conference. He said that there are signs that many people are descended from Anoosim (.g. people who make a big show of eating pork on Yom Kippur). Given the hostility towards “New Xtians” it davka seems very liekly that they are halchically Jewish as they would marry among themselves.
February 28, 2016 5:47 am at 5:47 am in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139695Avi KParticipantJoseph, Rambam says at the end of Hilchot Melachim that when Mashiach comes the entire world will return to Hashem. Thus, if Francis is halachically Jewish he will unddergo a symbolic conversion and be returned to EY. If not he will become Ben Noach and remain in Europe.
February 27, 2016 5:21 pm at 5:21 pm in reply to: Should Yeshiva's (all of them) say Mishberach for Israel soldiers on Shabbos? #1139780Avi KParticipantSimcha, do you say Kabbalat Shabbat? Anyway, misheberachs are nothing new.
Time, Rav Ovadia said that without the IDF the yeshivot would not exist. I consider him to be much more of an authority on Judaism than Ruth Blau. I certainly consider Rav Kook and his son Rav Tzvi Yehuda to be more authoritative and they both said that nationalism and military prowess are integral parts of Judaism. The Tanach, in fact, praises military prowess in several places.The fact that they also exist among gentiles does not make a difference. There are gentiles who say “Thank Gd” and even a grace after meals and a prayer before going to sleep. Does that mean that we should not?
February 27, 2016 5:13 pm at 5:13 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139690Avi KParticipantThere are many villages in South America as well as the western US and, of course, spain and Portugal, whose inhabitants are almost certainly descendants of Anoosim. Baruch Hashem, Many are returning to Judaism although of course, they require giur l’chumra. There is an organization called “Shavei Yisrael” that works to identify and bring back descendant of Jews.
February 25, 2016 6:28 pm at 6:28 pm in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139629Avi KParticipant????? ???? ??? ???? ?’ ? ??’ ?
????? ?????? ?? ??? ???, ?? ??? ???? ????? ???? ????? ????? ????????, ????? ???? ???????, ??? ???? ?? ???, ???? ??? ??? ?????: ??? ?? ????? ???? ???, ??? ???? ???? ??????, ??? ???? ???.
???: ??? ?????? ???? ????? ???? ?? ???? ????? ??? ??? ????? ???? ???. ??? ?????? ??????? ???? ???? ???? ???? (?’ ????? ???? ???? ???? ???? ??).
??? ?? ????? ?? ??? ????, ?? ??? ??? ????? ?? ??????, ??? ????? ???. ???? ???? ?? ????? ?? ??? ???? ?? ???? ????:
???: ??? ?? ???? ??? ????? ????. ??? ????? ?????? ?? ???? ????? ???? ?????, ???? ?????? ?????, ?????? ?????? ???? ???? ?????? ??? ?????? ????? ?????, ??? ??????? ?????? ?????? ????? ????? ???. ???? ???? ??? ???? ????? ??????? (?? ???? ???”? ??? ?’ ??????). ?????? ????? ?????? ???????, ??? ?? ??? ??? ??????, ????? ??????? ???????? ????? ??? ??????? ??? ?????? (?? ?????? ?????). ????? ???? ???? ???? ?”? ?? ???? ????? ?? ??????:
??????
So we see that all these stuff about “safek mamzerim” does not hold water – and see what Ulla said to Rav Yehuda regarding this (Kiddushin 71b). Unfortunately, some people have nothing to do but throw up smokescreens.
February 25, 2016 1:37 pm at 1:37 pm in reply to: Should Yeshiva's (all of them) say Mishberach for Israel soldiers on Shabbos? #1139768Avi KParticipantAmerican Yerushalmi, first you have to persuade them that they should not worry about the extremist in their camp. This is probably much more difficult as Rav Elaishiv (!) was stoned for reaching an agreement with the government on moving graves.
February 25, 2016 5:47 am at 5:47 am in reply to: If Bernie Sanders is Jewish, I'm a Christmas Tree #1139607Avi KParticipantOn the contrary, his support for a generous welfare state is anti-Tora. Firsat of all, as I have posted before, the highest form of tzedaka is to create jobs, which is done best by limited government and a free enterprise system. Secondly, his program would bankrupt America and we do not impose financial burdens upon the public (????? ???????) even in matters involving grave danger (Gittin 45a).
Regarding gedolei Tora in Israel (Rav Hutner was very much opposed to all these schemes) supporting welfare, they only support it for avereichim. They feel that that is like working.
Avi KParticipantSqueak, we all want a Tora society but we NRs do not tell Hashem how to bring it about.
Time,
1. See the introduction to Messilat Yesharim about chazara.
2. I will ask for another candidate for the third time. Maybe if I ask enough times someone will come up with a name.
3. “,Probably ,it’s in spite of the State,(and possibly would have happened swifter minus a state)” – so you also know better than Hashem?
4. Iy”H when I think of another one I will start it. This was the result of a shiur in which I participated.
Avi KParticipantWe do have unity. We are all arguers. LOL In fact, if our arguments are l’shem Shemayim they will be established.
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