Forum Replies Created
-
AuthorPosts
-
Patur Aval AssurParticipant
“This is beyond absurd. Mesorah, by it’s very nature, can change the default muchzak. Mesorah says that this safek was already addressed by earlier people. Therefore, legabay us, it is not considered an ongoing halachic safek (unless a safek arises within what the Mesorah itself is saying). Also, Mesora can function as a birur. Also in which case the safek is removed.”
You may have completely missed my point. You are claiming that the Mesorah makes it not a safek. But the safek that I am talking about is gufa whether mesorah discusses this issue. If you can’t prove that it does then there is a safek that it might not in which case we would have to wear Techeiles. So as I said, until you can prove that the mesorah is against Techeiles, safek d’oraisa l’chumra prevails.
Patur Aval AssurParticipant“I was not referring to techeiles. I was referring to your stance about Mesora and the halchic process.”
I was also referring to my stance about mesorah and the halachic process when I said that I can’t take any credit for making anything up.
Patur Aval AssurParticipant“Even if yes, it is a valid argument that he wrote it almost 1000 years ago, and there are plenty of differences betw. now and then.”
What are some of the plenty of differences that would result in a change of shitta?
Patur Aval AssurParticipant” Rabbeinu Yona expected the reader to have enough common sense to understand that he wasn’t referring to a (perhaps from his perspective purely theoretical) different situation where halacha would indicate otherwise, which on the tzad to keep the statu quo, it does so indicate.”
Again, you have yet to show that there is a tzad to keep the status quo.
Patur Aval AssurParticipant“Not true. What I’m saying is only on the tzad that techeiles is legitimately being suppressed. If Rabbeinu Yonah held, in his day and age, that it was improper, fine. But that is no raya to us bizman hazeh.”
To make such a claim you would have to explain what changed from then to bizman hazeh.
Patur Aval AssurParticipant“You’re missing the point. Yes, it is obvious that such a distinction exists. But who said that being passively discontinued is grounds to say that there is no basis for what was discontinued to fall under the ambit of Mesora??”
Again, the burden of proof is on you to prove that it does fall under mesorah.
Patur Aval AssurParticipant” And the comparison to Shabbos and the Holocaust is beyond absurd. To point out a few of the glaring canyons separating them from techeiles: 1- chiyuv misah; 2- an issur which 2b- has an attendant action vs a non-issur that is passive in nature; 3- a few years of “mitzva loss” vs hundreds; 4- the nature of the conditions that caused the “loss”. etc, etc, etc, etc.”
If I wanted to be like you I could just say that you are arbitrarily making up distinctions that may be irrelevant. But I won’t. Now I could just as easily replace the example of shabbos with esrog about which your first two objections would not be true. Your fourth objection is stam not true because it was the same conditions – persecution of the Jews – that led to both. Your third objection only has weight if you can show that hundreds of years of not doing something is mevatel it, which you have already agreed that you cannot show.
Patur Aval AssurParticipant“This is useless — R’ Chaim will still wipe the floor with you.”
R’ Chaim can wipe the floor with me from today to tomorrow. That doesn’t change the fact that the Radvaz says that the chilazon can still be around and that the Maharil says that it’s easy to rediscover with the simanim.
Patur Aval AssurParticipant“Just because they wrote about techeiles being reinstituted does not mean that we nowadays have a basis anymore to do so.”
I never claimed that this gives us the right to reinstitute anything. All I am proving from here is that they obviously felt that we could have Techeiles despite all your claims about mesorah. It’s not like you just discovered the concept of mesorah and when the rishonim and acharonim wrote about this there was no such issue.
Patur Aval AssurParticipantLet’s make this very simple. The Torah says to wear Techeiles. The starting point therefore is that we have to wear Techeiles and we even have to wear safek Techeiles. You want to say that we don’t have to wear Techeiles. (Forgetting the “nignaz” argument for the time being) there are two potential reasons why we would not wear Techeiles. 1)You can not do a mitzva if you don’t have a mesorah on exactly how to do it 2)Since there was a time when the mitzva was unable to be done, that creates a mesorah to not do this mitzva. By your own admission you do not have a source anywhere that either of these reasons are true. R’ Elyashiv and R’ Shternbuch, probably the two most eminent chareidi poskim who wrote teshuvos against Techeiles, did not mention mesorah. R’ Chaim Kanievski did not claim mesroah he claimed nignaz. So who exactly are these mysterious daas torah gedolim who are the only ones capable of understanding the concept of mesorah that said not to wear Techeiles on the basis of mesorah. Besides for all the gedolim who are pro Techeiles who obviously don’t feel that it’s a problem of mesorah.
Patur Aval AssurParticipantIn summary:
Let’s say we grant that it’s possible that “The Mesorah” is against Techeiles and it’s possible that “The Mesorah” is not against Techeiles. Now we have a shaila about wearing Techeiles. The rule of safek d’oraisa l’chumra posits that the burden of proof is on you to PROVE that we should not do the mitzva. We do not have to PROVE that we should do the mitzva because by a mitzva d’oraisa the default position is if we can’t prove either way then you have to do the mitzva. Therefore, the burden of proof is on you to prove that “The Mesorah” is against Techeiles. Until then, safek d’oraisa l’chumra prevails.
Patur Aval AssurParticipantAnd contrary to what you think, we are not claiming that mesorah does not have depth, nor are we chas veshalom being mezalzel mesorah in any way shape or form. Mesorah does not mean blindly doing everything exactly as it was always done. That is what we call not having a brain and just roboticaly copying the things you see with no havana. Mesorah is understanding why we do things and applying the reasoning to guide life decisions.
Patur Aval AssurParticipant“Perhaps one can add one who says ‘I will invent my own methodology of understanding Torah concepts and textual statements’.”
If you would research this topic you will find that I can take very little credit for inventing anything about Techeiles. Basically anything you can say for either side has been said already.
Patur Aval AssurParticipant“This is an egregious misrepresentation of the havanah by presenting it as if the context in which his words are written includes even where halacha (in this case derived from mesorah) says the opposite.”
Again you are laboring under the false impression that halacha says not to wear Techeiles. But you have yet to provide a single source for such a bold claim.
Furthermore, the Radzyner Rebbe says that this Rabbeinu Yona is SPECIFICALLY talking about Techeiles, considering that there is no other mitzva that was not done by your ancestors and city.
Patur Aval AssurParticipant“You are arbitrarily making up this distinction between intended discontinuation and passive discontinuation. Who said that is even a relevant criterion??”
If you can’t understand the difference between something that was leachatchila b’shita done and something that we was done unwillingly and for no other reason than that it was impossible to do otherwise, then as they say “you can bring the horse to the water but you can’t make it drink”.
Patur Aval AssurParticipantThe very claim that there is a mesorah here is illogical. The fact that something was done or not done doesn’t make it “The Mesorah”. In the concentration camps people were forced to work on shabbos. Does that make it that now the Mesorah is to not keep shabbos? Obviously not. Something done under duress is simply something done under duress. It is unfortunate that sometimes we don’t have the ability to keep the entire Torah. But how could you even suggest that that creates a mesorah to not keep the Torah?!
Patur Aval AssurParticipantAll the vitriolic diatribe notwithstanding, you failed to address my simple point. I ask you again to provide a source anywhere in kol hatorah kula (I know that’s exceedingly redundant) that you need a mesorah to allow you to do a mitzva, or that if people were unable to do a mitzva for a period of time then it becomes batel mevutal leolam va’ed.
Again it is clear from the gedolei rishonim and acharonim that a mesorah is not necessary – they talk about Techeiles coming back. That also means that they held that “nignaz” does not mean hidden away forever. In fact the Eitz Yosef on the Midrash says that “nignaz” means forgotten, based on Rashi in Pesachim.
Also if you read R’ Elyashiv’s teshuva and R’ Shternbuch’s teshuva, although they come out against techeiles, there is no mention of mesorah.
Patur Aval AssurParticipantRabbeinu Yonah in Iggeres Hateshuva writes: “The Sages of blessed memory said that one who casts off the yoke is in the category of reshaim gemurim. Included in ‘casting off the yoke’ is if one says ‘I will keep the whole Torah except for one of the Mitzvos, because my fathers did not teach me it and I was not accustomed to being careful to do it in my youth’ or ‘because the people of my place are not careful to do it’. Because a slave cannot say to his master ‘I will choose to do these but not to do these’.”
Patur Aval AssurParticipantAnd how can you say that once a mitzva is discontinued it is a deviation to reinstitute it? That might hold true if the mitzva was specifically discontinued (e.g. the chachamim were gozer not to blow shofar on shabbos so we cannot reinstitute it). But that is not the case by Techeiles. There was never a gezeira to not wear Techeiles. What happened was that people were unable to wear it hence they didn’t wear it. Let’s say the government would prohibit importing esrogim and no one was able to get an esrog. Would you say that we can no longer fulfill the mitzva of esrog because it’s not part of the Mesorah?
Patur Aval AssurParticipantTorahUmadda: This has nothing to do with understanding the scope of Mesorah. Just show me one place in Shas/Poskim where it says that if we were unable to do a Mitzva at a certain point in time then the Mitzva becomes batel. And my comparison is only absurd because you misconstrue it. No one is instituting any mitzvos over here. G-d instituted it by saying “V’nasnu al tzitzis hakanaf pesil techeiles”. Please explain how it could be worse to follow the Torah than to change a minhag.
Patur Aval AssurParticipantSam2: It’s a machlokes what the bais halevi said. The Radzyner Rebbe printed in his sefer the response that he received from the bais halevi’s camp, which said that if the suggested chilazon has always been around and it was known how to dye (blue) with it and our ancestors didn’t use it then that is as if we have a mesora that this creature is not the chilazon. That is a far cry from saying that we need a mesorah to identify the chilazon. However, The Rav claimed that the Bais Halevi actually held that you need a mesorah to identify the chilazon. Now first of all, even within the Brisker dynasty this is not quite agreed upon. Second of all, R’ Elyashiv said that the Radzyner’s version seems to be the right version based on how the halachic system works. Even The Rav’s Talmid R’ Hershel Shachter disagreed with him on this. So for all you guys who on every other topic consider the Rav to be an apikores but suddenly by Techeiles want to follow his shitta, just bear in mind that this shitta has nothing to do with Techeiles. The Rav held that you need a mesorah to identify anything. This was already spoken about at length in one of the other techeiles threads in regards to rice ayain sham.
Patur Aval AssurParticipantThose are not exactly legitimate reasons considering that the Gedolim of hundreds of years ago (the Maharil, the Radvaz, etc.) wrote that Techeiles can be reinstituted. So obviously they held that “nignaz” does not refer to yemos hamashiach and you don’t need a mesorah. Furthermore, where does this idea of needing a mesorah come from? It is quite outrageous to suggest that we cannot fulfill a mitzva d’oraisa because we don’t have a mesorah as to the exact identity of the chilazon. We have enough proof from the Gemara. And if you are so concerned about not doing anything that the previous generations didn’t do, why do you all where your tzitzis out? Ask anyone who was around back in the day in Europe. Non-chasidim wore their tzitzis in. For a frumkeit be’alma we can deviate from the Mesorah but for a mitzva d’oraisa (which in actuality is is not a deviation) we can’t? Ludicrous!
Patur Aval AssurParticipantFunny that you should say that the charedim made it up when the vast majority of chareidim are against it. And R’ Slifkin himself wrote that he thinks the Murex Trunculus is the chilazon but he doesn’t wear Techeiles for a reason which he wrote will be forthcoming in a future post.
Patur Aval AssurParticipantToday I saw leeks live and up close. They were green as can be without a shemetz of blue in them.
Patur Aval AssurParticipantThe Tifferes Yaakov says befairush that there’s only one string of Techeiles. His pshat therefore is that it’s awesome that you can have such a manifestation on a mere string. And granted that if you held two or four strings you could say the same pshat, but the Gemara doesn’t say “strings” and the Tifferes Yaakov doesn’t prove that it’s lav davka.
Patur Aval AssurParticipantYour raya from Taanis is not necessarily true. Rashi and Rabbeinu Chananel say that it is referring to tzitzis. Meaning that when the gemara says Techeiles it also means Tzitzis.(The Kli Yakar in fact learns the Gemara in Chullin as referring to tzitzis in general not specifically to Techeiles.) That doesn’t necessarily mean that when it says “string of Techeiles” it means “strings of Techeiles”.
Patur Aval AssurParticipantThe problem with this pshat is that bringing in Asavim and Ilanos to clarify that you meant blue is like shooting yourself in the foot. It should have just said yam domeh l’rakia (which in fact it does in the Talmud Bavli). Asavim and Ilanos only add to the confusion.
Patur Aval AssurParticipantThe Radzyner has a pshat in the whole Asavim/Ilanos thing (Although he is clearly not going like Tosfos). He says that the comparison to the Yam is not so clear because there are some times and places where the yam is black or red or green. So Asavim is brought in to tell us which type of yam it was referring to. But Asavim is not so clear either because some grass is green and some is blue. So it has to bring in Ilanos. But Ilanos is also not so clear because when looked at from close they are green but when looked at from afar they appear blue. So the Rakia is brought in. But that’s also not so clear because depending on the time and place (and weather) the sky looks different. So then we compare it to the rainbow… and the cloud…
Patur Aval AssurParticipantThe Mizrachi quotes the Gemara as “????? ?? ????” and “?????? ?? ??????”.
The mefarshim discuss an apparent contradiction: Here we see that the mitzva was due to Avraham’s zechus but in the end of parshas Noach we see that it was due to Shem’s zechus. The mefarshim all give different answers but all explaining some kind of combintion of Avraham’s zechus and Shem’s zechus. Utilizing this concept, this could be viewed as each of them contributing to half of the mitzva. Thus it would be accurate to refer to Avraham’s share as “??? ?? ????” even according to Rashi/Tosfos because that’s Avraham’s half.
Patur Aval AssurParticipantI don’t know if you have a raya from retzua because that’s technically one retzua which hangs down on two sides. Unless you meant that there’s the retzua of the shel rosh and the retzua shel yad, but it seems from the next step in the gemara that it was only referring to the shel rosh.
The sefer that I quoted switched Tosfos to the Raavad, not the Raavad to Tosfos.
Patur Aval AssurParticipantThe sefer Daf al Daf brings this up and says that it’s lav davka and that even according to the Rambam and the Raavad you have to say it’s lav davka because according to the Rambam there are four techeiles strings alltogether and according to the Raavad there are eight alltogether. But he does conclude that it’s mashma more like the Rambam/Raavad. And for some reason he has Tosfos as agreeing with the Raavad instead of with Rashi.
Patur Aval AssurParticipantYou mean the fact that it says “chut shel techeiles” in singular?
Patur Aval AssurParticipantHow do Rashi/one pshat of the Ritva/the Kli Yakar (and anyone else who says the Domehs are progressive) fit into the gemara minay ubay? R’ Meir’s statement is that Techeiles is unique among all colors in that it ultimately reminds you if G-d’s glory. But according to the aforementioned mefarshim there are three colors that are better than Techeiles in this regard – the color of the yam, the color of the rakia, and the color of the kisey hakavod.
Patur Aval AssurParticipantRav Eliyahu Tavgar mentions it in Maamer Techeiles. It’s all the way at the end right before note 180. http://www.tekhelet.com/pdf/ta01.pdf
Patur Aval AssurParticipantI wouldn’t quite consider it choshed bekshairim since I definitely gave off the impression that I don’t wear Techeiles. But I’ll take the bracha anyway. I wear four per corner. Which is quite annoying because they only sell Rambam and Raavad so I had to buy two Raavad.
Patur Aval AssurParticipantInteresting pshat with the ??? ??. Although Tosfos clearly didn’t learn that way. And contrary to your assumption I do indeed wear blue Techeiles dyed from Murex Trunculus.
Patur Aval AssurParticipantI saw that they found some synogogue from the Tannaic era (when there was no safek as to what color Techeiles is) in which there were drawings on the wall and one of them depicted the kohen (gadol), and the Bigdei Kehuna that contain Techeiles were blue.
Patur Aval AssurParticipantThanks for the link. (But don’t think that it exonerates you.)
Patur Aval AssurParticipantI agree that I have no answer to what the Chachmei Umos Haolam. (To quote a very respected poster on this thread: “( and generally speaking [without sparking a huge hashkafa debate] we only listen to these chachmei umos haolam as long as they are not being soiser chachmei yisrael like the radvaz)”)
By the way, I think that you once posted a link to a biography of the Chazon Ish about using Techeiles if there’s a safek. Do you remember where that was?
Patur Aval AssurParticipantThe difference is that the Mordechai who says that Techeiles is blue says that it’s ketzas domeh to leeks, whereas Rashi and the Bartenura say that it’s karov to leeks.
Patur Aval AssurParticipantAnd it’s pretty clear that “leeks” is referring to green (besides for the fact that leeks are green) because the reason Rabbeinu Yona doesn’t like that pshat in Karti is that Techeiles is blue which would not be similar enough to Karti, and therefore he explains karti as some type of blue.
Patur Aval AssurParticipantNotice how Tosfos does not say “there must be something wrong with this Yerushalmi because kala ilan is blue”. And if it’s so pashut that kala ilan is only plant indigo and that Techeiles is the exact same color/shade, why don’t any of the Rishonim simply explain Techeiles as “exactly the same as kala ilan”?
Patur Aval AssurParticipantThe Radzyner agrees to me: “??? ???? ???? ??? ?????? ???????
????? ????? ???? ???? ??? ???? ???? ????”
Patur Aval AssurParticipantRashi and the Bartenura say that Techeiles is close to the color of leeks. The Mordechai says that Techeiles is a little similar to leeks.
Patur Aval AssurParticipantIn other words, if you hold that “yam” means blue and you have to choose between the girsa of “yam domeh l’asavim” and “asavim domeh l’yam”, it only makes sense to choose the latter one. In fact the Radal says that the girsa of “asavim domeh l’yam” should be the girsa in the yerushalmi as well.
Patur Aval AssurParticipantIn the writing of the Radzyner which you quoted http://hebrewbooks.org/pdfpager.aspx?req=41254&st=&pgnum=27&hilite= there are several issues. He is maskim that the colors do not have to be the same as the next thing on the list. He also is using the Yam as blue. So how in the world does he explain saying that blue is domeh to blue which is domeh to green which is domeh to blue? Furthermore if you hold (like he does) that it’s ok to compare blue to green, then there’s no reaon to change the girsa of “Asavim domeh l’yam” to “yam domeh l’asavim” since it’s not a stira – in one place the comparison is green to blue and in one place the comparison is green to green.
Patur Aval AssurParticipantRegarding the test, I quote from Dr. Baruch Sterman, the pre-eminent advocate of Murex Trunculus Techeiles: “On the basis of current understanding of the dye chemistry and the standard interpretation of the Talmudic tests, those procedures would not cause any change in cloth dyed with plant based indigo, kala ilan, which was meant to fade under their influence. If one wants to uphold the chemical efficacy of the tests, one would have to posit that there are some yet-to-be-understood reactions that involve, perhaps, the methods by which the ancients dyed. If this is true, then one can take that reasoning further and apply it ti murex dyeing as well. After all, there are significant amounts of many other substances along with indigo in murex-derived dye. Even if those additions are too small to be detected by the eye and change the perceived hue, they may play some little understood chemical role that is picked up via the Talmudic tests.” (The rarest blue endnote 57)
Patur Aval AssurParticipantThe same way every other Rishon that holds blue deals with the Yerushalmi – exactly my kashya! Shkoyach for being Mechavein. And it’s not l’fi me. It’s a pashut logical svara that they can’t be arguing.
Patur Aval AssurParticipantSam2: Dr. Baruch Sterman says that he performed the Gemara’s test on plant indigo and it did not fade. (Granted, that is a problem but I think that it’s a completely different problem than the problem you are talking about.)
Patur Aval AssurParticipantYet there are also plenty of places where it says Asavim. For instance a Yerushalmi, a Medrash Raba, two places in Medresh Tehillim, and a Yalkut Shimoni. And even if there are more times that it doesn’t say Asavim, that’s not a reason to change the girsa since it’s not a stira (if you say that Techeiles is green. It’s only a stira if before reading the Talmudic sources you already have presupposed that it’s blue, which is probably not a good way to approach a sugya.
Tosfos is a rishon and most definitely does not agree with the Gra. (Perhaps Tosfos agrees halacha limaaseh that Techeiles is blue, but that is a horse of a different color.)And I don’t think the Marey Panim is learning it as a machlokes. He’s learning it as a stira in mashmaos. In fact he quotes Tosfos and Tosfos also says it as conflicting mashmaos.
-
AuthorPosts