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ChortkovParticipant
אגרות משה חלק ג – אבן העזר א
http://hebrewbooks.org/59509ChortkovParticipantMazal Tov to Midwesterner!
ChortkovParticipantI’ll bet to the best of her knowledge, you don’t either. 😉
Oh no. I believe in full disclosure! I haven’t given her my screen name yet – waiting for her to ask!
ChortkovParticipantBoruch Tiheye…
I’m definitely overseas (unless Syag is in Britain!), and I sure do get a Mazel Tov!
ChortkovParticipantI think I am the overseas one, but to the best of my knowledge, my Kallah doesn’t post on the CR!!
Mazal Tov to the “local” poster, whoever you are!!
ChortkovParticipantGeordie:Littleeema is correct. The title is an award for outstanding service to the kehilla. This would be appropriate in the cases of Yekke2’s grandfather and great grandfather.
That’s interesting. I am pretty sure there are those in the GGBH who have the title without any noticeable contribution to the community or society. (Although I could be ignorant of their history)
March 30, 2018 8:42 am at 8:42 am in reply to: Challenge: Help Me Find an Intriguing Hagaddah #1501894ChortkovParticipantChortkovParticipantSam2 – This is an official invitation to join us for the meal of your choice over Yom Tov. 🙂
ChortkovParticipantMy grandfather gets called up to the Torah as “Hachaver ***** ben Hechaver ****”.
I have tried to work out the criterion for this kibbud, but to no avail.
ChortkovParticipantChortkovParticipanthttps://www.theyeshivaworld.com/coffeeroom/topic/rabbinic-titles/#post-1024734
ChortkovParticipantDY – Thank you. Interesting sevara!
Gut yom tuv, and a kosheren pesach!
ChortkovParticipantNo, because, by reusing it, you are in essence the one who made it into a keli.
I take it you’re joking about toiveling diapers. Diapers aside, does anybody actually say this sevara regarding disposable keilim?
ChortkovParticipantThere are numerous problems with bringing Korbanos today, even the Korban Pesach.
1) Tumah: Although a Korban Tzibur (and Pesach) can be sacrificed btumah, the Rambam paskens טומאה דחוייה בציבור and therefore בעי ריצוי ציץ. The Rambam also paskens דווקא בזמן שהוא על מצחו, which requires a Kohen Gadol, probably with all 8 begadim (or else he would be מחוסר בגדים) – which is an impossibility; we cannot make the Choshen nor the Avnet. (Another problem is that we are all מחוסר כפורים דזב, and טומאה הותרה בציבור may not override that)
2) Kohen Meyuchas: The Gemara explicitly forbids Kohanei Chazakah from performing the Avoidah in Kiddushin 79 and Kesuvos 24. The Chasam Sofer (Yo”d 236) brings the Ya’avetz (#91?) who says this is only a חומרא but not a reason to forgo the Avoida in a situation where there are no Kohanim Meyuchasim, but this is not at all a דבר מוסכם.
3) Mokom Mizbeach: The Gemara (Zevachim 62) writes that when rebuilding Bayis Sheni, they required a Navi to show them the Mokom Mizbeach. Whatever the reason they required a navi was, we don’t have one. (The Mahartz Chiyas has a Kuntrus Avoidas HaKodesh [located in Siman 74 of his Shaalos uTeshuvos] where he discusses this whole iyan, and he goes to lengths to differentiate between Bayis Sheni and today)
4) Bigdei Kehuna: Even if we rely on our Kohanim, the Bidgei Kehuna are מעכב. We do not have the required materials to create the Bigdei Kehuna. The Chasam Sofer writes that this is no problem, because although we are not able to make Bigdei Kohen Gadol because we lack tcheiles*, we can create Bidgei Kohen Hidyot. The problem is: (a) We need Bidgei Kohen Gadol too, because of Ritzui Tzitz (see Point 1), and (b) the Avnet of the Kohen Hidyot also requires Techeiles.
(* Even those who think we have techeiles will not be oiver on ספק כרת with that.)
5. ריח ניכוח: The Binyan Tzion (#1, 2), the Netziv (Ha’amek Davar Bechukosai) and the Chazon Ish (don’t remember exactly where; possible Zevachim 62?) explain the Pasuk ולא אריח בריח ניכוחכם to refer to Korbonos after the Churban. [This may not apply to Korbon Pesach)
6. The whole discussion only begins according to the Rambam, who holds that קדושה ראשונה קידשה לעתיד לבא. However, the Ra’avad disagrees, and holds that we cannot bring Korbonos today. This leads to many problem: (a) Possible wearing שעטנז [bigdei kahuna], (b) Possible entering Har HaBayis btumah [many poskim hold that even the Ra’avad agrees this is forbidden], (c) Possible damaging a Korbon שלא בשעת עבודה
These are big problems. R’ Chaim/Yechiel miPariz, Radvaz, The Chasam Sofer, Maharitz Chiyas, R’ Tzvi Hersch Kalisher didn’t seem to be bothered by these. There are possible ways out around these issue, although they require a lot of chiddushim.
Of course, this whole discussion is theoretical – even today, when different enemies control Har Habayis and we can gain access, it is guaranteed סכנה in terms of inviting retaliation, and that alone is reason not to bring the Korbon.
(And we don’t have anyone – at least who I am aware of – who has the expertise necessary to successfully bring the Karbanos. Practical issue.)
March 20, 2018 7:25 pm at 7:25 pm in reply to: Where it says that there is a jiyub to put on Tfillin every day? #1495394ChortkovParticipantThere is a commandment to say Kries Shma in the morning which requires tefillin as it says to tie it on as a symbolism an os on your hand and head
Technically, they have nothing to do which each other – at least in terms of Halachah. There is a commandment ot say Krias Shma twice daily, and there is a non related requirement to wear Tefillin. (The Ritva I quoted is a Chiddush, and not Paskened LHalachah)
March 20, 2018 6:03 pm at 6:03 pm in reply to: Where it says that there is a jiyub to put on Tfillin every day? #1495387ChortkovParticipantTosfos in Menachos 35b brings a machlokes whether one must lay tefillin daily or not.
Pri Megadim is mistapek whether the chiyuv is constant or daily – http://hebrewbooks.org/pdfpager.aspx?req=41247&st=&pgnum=61
Rabbeinu Yonah in Iggeres Teshuva Ois 24 writes that one who doesn’t wear tefillin has close to 300 עונשים yearly (excluding Shabbos and Yom Tov etc.)
Smag (Asei #3) and Shibolei HaLeket (Inyan Tefillin) are clear that the Gemara (Menachos 44) which says that “he who doesn’t fulfill the obligation of tefillin is oiver 8 miztvos” refers to daily. (He proceeds to say some very interesting things about tefillin being beikar for reshaim, not tzaddikim… See also Maharik 174).
Ritv”a Shabbos 49 – Chiyuv is Min HaTorah B’shas Krias Shema (or, at least, Kabbalas Oil Malchus Shamayim)
The Brisker Rav – quoted by Reb Moshe Shternbuch תשובות והנהגות ח”א סי’ מ”ט, ח”ב סי’ ל, ח”ג סי” י”א – held that the chiyuv is all day, and there is nothing different about today than tomorrow, so not wearing it for a whole day does not constitute more of a bittul than not wearing it for an hour. See also here
ChortkovParticipantHello Richard!
Coming to us Achron shel Pesach?
(And watch who you call a batlan!)
ChortkovParticipantActually my request to you was more to do with the Yekkishe minhag. Let’s say a baal tshuva or a ger joins the GGBH or Breuers. From the way you answered I would think you’re saying he would take on the minhag hamokom.
Why would this be different to any other machlokes haposkim?
How do they deal with someone who is not noheg to wear tfilin if he comes in and davens?
I have seen it before in GGBH and I didn’t notice any reaction. There was a reaction, however, when a non-regular who davens in a minyan where they don’t wear tefillin came to GGBH because he was worried about wearing tefillin there, and he didn’t put on a tallis (he wasn’t married). One of the regulars pointed out the irony of coming here to avoid לא תתגודדו and still not wearing a tallis.
ChortkovParticipantThank you, Geordie613!
Here’s an interesting one. Apparently in Sanz, bochurim do wear tfilin on chol hamoed. So that includes Bobov and klausenberg. Can anyone confirm that?
I know in Bobov they do until 18. Don’t know about Klausenberg.
ChortkovParticipantYekke2, if you’re around, I’d appreciate your input here.
Not sure what input you looking for!
The debate regarding wearing tefillin on Chol Hamoed dates back to the Rishonim, of course. Tosfos in Menachos 36b writes that one must wear tefillin on Chol Hamoed, wheras Tosfos in Eruvin 96a writes that Chol HoMoed is an Ois. As far as Nistar is concerned – הנסתרות לה’ אלקינו; I can’t help you with that. In the world of Nigleh, the discussion is whether Chol HaMoed is considered an Ois (two primary discussions: a) Does the Issur Melachah of Chol HaMoed constitute an Ois, and b) Does the Issur Chometz/Chiyuv Sukka constitute an Ois).
As far as Halachah is concerned, the Tur brings both opinions, and the Mechaber and Rema argue about it in O”ch 31. Wearing Tefillin on Chol Hamoed is not Ba’al Tosif even according to the Shittas that חול המועד לאו זמן תפילין, because you are doing it מחמת ספק, and your כוונה is only on the tzad chiyuv. (Not that simple as far as the Rishonim are concerned, but bottom line Halachah it isn’t a problem. See Magen Avraham 31.2)
I don’t know whether it would be considered a chumra or a kulla. The consequences of wearing tefillin in the wrong time is זלזול יום טוב and זלזול תפילין, and the consequences of not wearing tefillin is possibly being מבטל an עשה, although not necessarily. (See here for further discussion.)
Reb Moshe does not allow wearing Tefillin in a shul which does not, or vice versa (Igros Moshe O”CH Chelek 4 Siman 34), both because of לא תתגודדו and מפני המחלוקת. As far as Eretz Yisroel is concerned, see Igros Moshe O”CH Chelek 4 Siman 105.4.
[Geordie613 – See R’ Moshe Shternbuch here.]
March 16, 2018 11:21 am at 11:21 am in reply to: Women saying וציונו for a מצות עשה שהזמן גרמה. #1491801ChortkovParticipantGeordie613: If the rationale for not wearing tefillin is because Chol HaMoed is an Ois [working with the Nigleh world, not the Kabbalah], then Chol HaMoed would be equivalent to Shabbos and Yom Tov, and the Gemara Eruvin 95 is mefurash that one who wears tefillin on Shabbos lsheim mitzvah transgresses baal tosif.
Performing any mitzvah outside its time frame is ba’al Tosif.
In your example of Shema, one who says Shema twice during the zman isn’t oiver because repeating a mitzvah in its time is permitted (like shaking an esrog a second time) according to most rishonim. Saying Shema outside the zman with intent to be yotzei would constitute baal tosif. (R’ Shloime Bloch was מעיד that the Chofetz Chaim told him that saying Shema outside its zman is assur because of baal tosif. The Chazon Ish and Reb Moshe both disagreed, but only because Shema is always considered zmano of Limud HaTorah – כאילו קורא בתורה. I don’t really understand their sevara; bli neder I’ll post a link.)
ChortkovParticipantWell – I didn’t see any of you at the Kosel last zman…
Maybe next time.
Motze Shabbos… See you there!!
October 18, 2017 2:33 pm at 2:33 pm in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1385424ChortkovParticipantTomDicknHarry: Please stop equating the Gedolei Yisroel – regardless of how much you disagree with them – with Idol Worshipers. Frankly, it’s disgusting.
ChortkovParticipantAvi K – What does the Meshech Chochmoh say?
In Or Sameach (Gerushin 1.17) he [same mechaber] quotes this Nesivos, and writes ‘ישתכח הדבר ולא יאמר’!
ChortkovParticipantAvi K – The Nesivos is in סימן רל”ד. He writes that one who transgresses a Rabbinic prohibition accidentally doesn’t need any Kapparah. I think he writes אין צריך שום כפרה.
The rationale for this is that there is a fundamental difference between a דאורייתא prohibition and a דרבנן prohibition. A biblical prohibition is inherently forbidden. The obligation to listen to rabbinic commandments is classified as מצוה לשמוע לדברי חכמים – you are obligated to listen to them. When the Torah says not to eat pork and one eats pork, the wrongdoing is eating the pork. When the Rabbanan say not to do Muktzeh and one transgresses, the wrongdoing is rebelling against the commandment.
It follows that if you dont know what you are doing, you haven’t ignored the Rabbanan. The Achronim use this to explain why ספק דרבנן לקולא, and why we find (Tos. Yevamos 8) that less effort is necessary to ensure that you do not transgress a Derabanan.
[The Achronim distinguish between issurei Torah, which can be Issurei Cheftza, and issurim d’rabanan, which are only Issurei Gavra.]
However, this is not necessary accepted להלכה. Besides for the fact that the Achronim have many, many issues with the Nesivos, the Poskim are clear that we don’t accept this position.
The Shulchan Aruch (OC”H 334) writes that someone who is מחלל שבת must fast 40 fasts, and give Tzedakah in place of the Korbanos. The amount he must give is reckoned in proportion with the Korbon he would have to bring. (Korbonos are only brought for Shogeg) The Mishne Brura brings mekoros that this halachah is specifically by Shogeg.
See also the Rema in Yoreh Deah #123.
(According to the Nesivos, you could happily feed issurei D’Rabbanan to an unsuspecting friend. There are many rayos that this isn’t true [although the Achronim discuss whether one who does so would transgress Lifnei Ivur מן התורה or only מדרבנן].)
ChortkovParticipantLU: Thank you for your responses.
You’re right, my discussion was related to בית דין של מטה.
I haven’t seen the Sifsei Chaim, but I have seen numerous people being מיישב the Ohr HaChayim. I discussed it with my Rosh Yeshiva for a long time at one point. I was just pointing out that it wasn’t as simple as you made it sound, and those he reconcile the Ohr Hachayim are going against the Pashtus of what he says.
October 18, 2017 12:42 pm at 12:42 pm in reply to: For PF to Vicariously Rant Endlessly About the Over-Emphasis of Iyun through PAA #1385271ChortkovParticipant#BringBackTheAlefBes
October 18, 2017 12:41 pm at 12:41 pm in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1385253ChortkovParticipantEdited. Deleted. Wiped clean. Your derogatory statements, beliefs and attributions of naivete toward the greatest Torah giants is completely unacceptable and not publishable. We have done our research well and have years of experience in recognizing pompous, over-confidence.
יישר כחך, Moderator! (25?)
Wasn’t me -25
I believe it was 29. -100
’twas – 29
October 18, 2017 12:00 pm at 12:00 pm in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1385145ChortkovParticipanthttp://www.theyeshivaworld.com/coffeeroom/topic/techeiles
http://www.theyeshivaworld.com/coffeeroom/topic/techeiles-nowadays
http://www.theyeshivaworld.com/coffeeroom/topic/techeiles-1
http://www.theyeshivaworld.com/coffeeroom/topic/ticheles-nowadays-legit-or-not
http://www.theyeshivaworld.com/coffeeroom/topic/tcheiles-today
http://www.theyeshivaworld.com/coffeeroom/topic/if-%D7%90%D7%9C%D7%99%D7%94%D7%95-%D7%94%D7%A0%D7%91%D7%99%D7%90said-it-was-tcheiles
http://www.theyeshivaworld.com/coffeeroom/topic/arba-kanfos-without-techeles(https://www.theyeshivaworld.com/coffeeroom/topic/techeiles-and-drinking-on-purim)
October 18, 2017 10:39 am at 10:39 am in reply to: Vegas Massacre: 59 Good Reasons to Outlaw Automatic Weapons #1385065ChortkovParticipantI don’t know the statistics of how effective protests are, but arguing that it would be effective, why isn’t that your hishtadlus? Does the fact that it needs more than one person to do it take away from the chiyuv hishtadlus?
October 18, 2017 10:39 am at 10:39 am in reply to: Are all these protests in Jerusalem really a kiddush hashem? #1385066ChortkovParticipantThere are clearly two separate issues here.
1) What to do about the draft: Should you register and get a ‘dichui’, or should you not register at all.
2) Is there something wrong with protesting in the streets.Those of you who think it is a Chillul Hashem – do you think it is a Chillul Hashem because you disagree with R’ Shmuel Aurebach’s position, or do you think that the idea of protesting (causing traffic, disrupting medical services, causing people to miss flights) is wrong? If the answer is the latter, you would be upset regardless what they are protesting about. If the answer is the former, then you don’t have anything against the medium of protesting, but you don’t think there is anything to protest about.
October 18, 2017 7:43 am at 7:43 am in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1384925ChortkovParticipantyoudontsay:
The answer to the first part of your argument is simple — when people argue from a lack of knowledge they don’t deserve respect.
I was actually referring to the way you speak about Gedolim, not about the way you speak to the posters here. But while we’re on the subject – I’d hate to be the type of person who only treats people respectfully if they earned it. You shouldn’t be treating people as human beings because they ‘deserve respect’.
Furthermore, it is no raayah what is mentioned in Teshuvos V’Hanhagos, since the Brisker don’t consider him one of them.
I thought we don’t listen to the Briskers anyway?! This has nothing to do with Briskers. It is a halachic discussion about the parameters and application of the ספק דאורייתא לחומרא dictum. I was referring to your distracting post about R’ Chaim not being l’halachah – so I quoted you a Posek who brings this svara.
I don’t think there is any תועלת for me to respond to your posts, much as I’d love to point out a couple of fallacies and inconsistencies in your rants.
ChortkovParticipantI would think it would benefit everyone who posted here to reread some of the posts that angered you so much and see, when removed, if it really said what you thought/accused it of saying. I believe there were more foaming mouths responding to things they assumed they read then what they actually read. And that prejudice we carry, I believe, is even sadder that the subject at hand. — Mod 29
October 18, 2017 6:53 am at 6:53 am in reply to: Are all these protests in Jerusalem really a kiddush hashem? #1384929ChortkovParticipantWe’ve been through all this before.
October 17, 2017 7:26 pm at 7:26 pm in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1384763ChortkovParticipant@You-don’t-say:
Firstly, I’d ask you to please stop talking so disrespectfully. If your agenda is truly ביקוש האמת and harbatzas haTorah veHalachah, you would not be taking such an aggressive tone about anything that stands in the way of your agenda. You are talking about techeiles like others discuss Zionism. I don’t know what your agenda is, but please pretend it is ביקוש האמת for the remainder of your stay in the CR.
Secondly, we don’t need anybody to tell us that R’ Chaim’s sefer wasn’t intended as a practical halachic guide. However, saying that is a far cry from arguing with a practical halachic defence he said. You can accuse me of making it up if you like (it isn’t in Sefer), but you have absolutely no right to call it “extraciricular”. The “vort” I quoted is brought להלכה in Teshuvos veHanhagos from R’ Moshe Shternbuch, Siman 58 – not from R’ Chaim, but from the Maharil Diskin. (It’s only a couple of teshuvos after he denounces techeiles)
Thirdly – the list of Manhigei Hador on the flip side (anti-Murex) is staggering. R’ Elyashiv zt”l, R’ Chaim Kanievsky shlit”a, R’ Moshe Shternbuch shlit”a, R’ Shloime Miller shlit”a and R’ Osher Weiss shlit”a all came out against the Murex for various reasons. You cannot in your right mind abuse those who follow the Manhigei Hador. You can argue, and if your research leads you to argue with them, then you can follow the Rabbanim who support Techeiles.
Last point – I’d love you to answer two questions. The first to us, and the second to yourself (I’d love to hear your answer, but I don’t feel the need to put you on the spot and demand a response):
1) Why do you not say Krias Shema in as many pronunciations as you can? Surely there is a possibility you have not been mekayem the Mitzvah properly?
2) [Please answer this question honestly – at least to yourself] Are you machmir in all mitzvos as much as your expect the entire world to in Tzitzis? And if you discover that you have a particular focus – perhaps disproportionate, even – in this inyan, care to think for a moment: Why?
October 17, 2017 6:59 pm at 6:59 pm in reply to: Vegas Massacre: 59 Good Reasons to Outlaw Automatic Weapons #1384737ChortkovParticipantMentch:
You’ve been dancing around this issue the whole thread. You are playing with a double standard.
Do you hold that believing in Hashem’s Hashgachah invalidates any hishtadlus to stop danger? You obviously don’t, as you agreed before.
If you agree that you cannot put yourself in danger, and you agree that you must do hishtalus to avoid danger, then you must do everything you can to minimize danger in the country.
[Therefore, belief that widespread gun ownership enlarges the risk to lives will lead to an obligation to promote control.]
Is there any part of this post you don’t agree to?
October 17, 2017 6:48 pm at 6:48 pm in reply to: Sukkah built in an area which requires a city permit but no permit was gotten #1384729ChortkovParticipantGodalHadorah: Perhaps consider a reference to a goy without the pejorative adjective….it will make you a happier person. The point being that we have as many “lazy” yidden who don’t take down their succah until tu
bshvat which I can assure you is NOT kiyyum mitzvah–either d’oiraisah or d’rabbonon….I’m only responding simply as “lifnim mishuras hadin” in והייתם נקיים.
Of course I wasn’t insulting non Jews, nor was I stereotyping. I was just explaining the difference between your examples: You equated ‘chassidim [who] don’t make Havdalah until 2AM to hold on to the feel and kedushah of Shabbos’ to ‘your goyishe neighbor who leaves the X’mas lights up until mid-February’. I explained the obvious difference: The motivation to keep Shabbos for longer comes from an admirable חביבות המצוות, where they want to be מקיים more mitzvos. The motivation to keep the decorations up for longer – much like keeping a Sukkah up – is simply the “can’t-be-bothered” taking it down.
I was clearly not stereotyping anybody, nor being offensive about any religious distinctions.
Perhaps stop considering any reference to a goy a pejorative adjective. It will make you a happier person!
October 17, 2017 11:19 am at 11:19 am in reply to: shoe confiscation in schools – is it fair #1382874ChortkovParticipantI don’t know who restarted the confiscating shoes business again, but I will just say as follows.
What a child wears is the parents decision. For the school to involve itself with the clothing or footwear is overstepping boundaries.
There are two exceptions:
If the school has rules about clothing, i.e. uniform, sports shoes for sports, etc… then obviously they should enforce them – without humiliating the child.
If a child misuses an item of clothing or footwear, say he throws his shoe(s) at a teacher or classmate, then obviously it is the educators right to proceed as they see fit.
Confiscating footwear if a child comes late to school is definitely overstepping boundaries. The punishment is also out of proportion and unreasonable.
If you really want to use this as a way to get child out of bed, I would suggest parking your car within ten metres of your front door, and at whatever time that you are supposed to leave for school taking their shoes out to the car.
Always remember, a child’s ego is very fragile, and humiliating them in public is never a good idea.
October 17, 2017 11:16 am at 11:16 am in reply to: shoe confiscation in schools – is it fair #1382945ChortkovParticipantOctober 17, 2017 10:58 am at 10:58 am in reply to: shoe confiscation in schools – is it fair #1382931ChortkovParticipantOctober 17, 2017 10:50 am at 10:50 am in reply to: shoe confiscation in schools – is it fair #1382889October 17, 2017 10:50 am at 10:50 am in reply to: shoe confiscation in schools – is it fair #1382905October 17, 2017 10:48 am at 10:48 am in reply to: shoe confiscation in schools – is it fair #1382870ChortkovParticipantOctober 17, 2017 10:46 am at 10:46 am in reply to: shoe confiscation in schools – is it fair #1382811ChortkovParticipant“By us in golders Green the PH school had a much better and simpler idea. they would confiscate shoes for a school day.
it wasnt unpleasant to administer, caused no long term harm, was a brilliant deterrent, and a child without whoes is unlikely to pick a fight or leave school gorunds without permision.”
https://www.theyeshivaworld.com/coffeeroom/topic/what-defines-a-messed-up-school
I still remember your wifes reaction when your son came home from school in socks!
October 17, 2017 7:11 am at 7:11 am in reply to: Sukkah built in an area which requires a city permit but no permit was gotten #1382738ChortkovParticipantGadolhadorah – Just as some chassidim don’t make Havdalah until 2AM to hold on to the feel and kedushah of Shabbos as long as possible …sort of like your goyishe neighbor who leaves the X’mas lights up until mid-February
Ahem. There is a world of difference, obviously. Not making Havdalah until 2AM is not simply about the ‘feel’ of Shabbos. There is a “מצוה רבה להוסיף מחול על הקודש”. Please do not compare a Kiyyum Mitzvah (probably d’oiraisah) to a lazy goy who cannot be bothered taking down his decorations.
October 17, 2017 7:10 am at 7:10 am in reply to: No mention of the huge techailes event in Boro Park on Chol Hamoed?! #1382737ChortkovParticipantI’m not getting involved in the particulars of the shailah – my research on “Techeiles” consists of listening to one or two shiurim a year ago, and some minimal browsing online. I don’t profess to know anything about the Murex, or about Techeiles.
For years, I had shver why we don’t wear techeiles at least מספק. Surely the dictum of ספק דאורייתא לחומרא obligates us to wear something which MAY be the techeiles, even if we are not convinced that it is! I find it a chiddush to say that the fact we have no Mesorah stops any לידת הספק.
I think the answer to this is R’ Chaim’s vort. R’ Chaim explained that ספק דאורייתא לחומרא only obligates an action that will remove you from the ספק. For example – nobody who davens Nusach Ashkenaz will say Krias Shema in Sefardi or Temani pronunciation, although it is a חיוב דאורייתא and there is certainly a chance that the Temani mesorah is correct. So why doesn’t ספק דאורייתא לחומרא obligate you to say Shema in as many pronunciations as you can? The answer is – since even after you say Shema a second time, you still will not have ודאי been yotze the chiyuv, you are not obligated.
Once we establish that you are not mechuyav מדין ספק, you are only obligated if you really are convinced that you are wearing Techieles. And even if you are 100% without a shadow of doubt sure that the Murex is Techeiles, you still have no idea whether to wear them like Tosfos, like the Ra’avad, or any of the other shittas.
ChortkovParticipantLilmod Ulelamed: I wrote a long response to your post this morning, but somebody closed it before I had a chance to post it, and it was lost.
1) Thank you for the מראה מקום. I will have a look in the Beis Halevi.
2) I’m not sure exactly how to respond to your next point. You are working on an assumption that the person would have died anyway – something that is supposedly a Machlokes Rishonim (R’ Saadya Gaon in Emuna Ve’deos writes אינו חייב על ההריגה אלא על הרצח – “He isn’t liable for the death, but for the murder” [approx. quote]. See Ohr HaChayim in Parshas Vayeishev who differentiates between a בעל בחירה and an animal. There is a contradiction in the Sefer HaChinuch [one discussing revenge, the other regarding Eidim Zomemim] about this. Much ink has been spilled reinterpreting the Rishonim on the subject to reconcile the opinions.) Let’s accept that assumption for the moment. [BTW – I’m not convinced that this is the same debate as the Hishtadlus issue of Parnassah]
You then make a logical progression to saying You are being punished for the fact that you used your bechira to choose to shoot an arrow that you knew could end up killing someone. I disagree. You certainly aren’t punished for shooting something that could kill someone; if some unknown variable stopped the arrow somehow, you wouldn’t be chayav. You are chayav misah for the murder*. And if I were to create a scenario where you shot an arrow, and then your arrow was replaced by another which actually killed, there is nothing connecting you to the murder.
The answer to my question is, I think, that however literally you take this concept of continual creation, it is my koach shooting the arrow. It isn’t a different arrow, it is not a different victim, and it is my momentum propelling the arrow forth. If that isn’t paradoxical, however, i don’t know what is!
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*We already have a distinction in the Achronim (originally R’ Akiva Eiger) between Malkus and Misah – Malkus is given for transgressing the prohibition. The mechayav of misah isn’t the aveirah, but the ma’aseh (for example – there is only one issur of לא תנאף, yet there are three different death penalties assigned – שריפה (בת כהן), סקילה לנערה המאורסה, סייף לסתם נואף ונואפת.) The act performed under certain circumstances is what creates the Chiyuv Misah. It isn’t the issur.
There is a further distinction, however, between regular Issurim and the misah of a murderer. To summarize as best I can, the killing of a murderer is a form of avenging the victim, not (just) a punishment to the perpetrator. (See BB”K 88a. There are many other sources for this) And however the Hashkafah fits in, the Torah considers you the killer, and consequently , responsible for the death.Sorry – this wasn’t the clearest post I’ve written.
ChortkovParticipantAvi K – I hear what you are saying. That will answer the first question. It won’t answer, however, my second question (which was intended to mean what Halevi posted. When I saw Halevi’s post, I realized that I phrased the question wrong) – what is Six Days of Creation if Creation is a continual process, and what does it mean to celebrate Shabbos that HKB”H completed His creation?
Haleivi – what do you mean with “form and matter”? That the original creation was יש מאין and the continual constant creation is יש מיש? I don’t think that is quite right.
ChortkovParticipantI have changed my mind based on real life discussions with people, but I’m too stubborn, and too wary of strangers on the internet, to change my mind based on a yeshivaworld discussion.
I don’t mean changing your views out of respect of others. Sometimes, in a conversation with someone else, you get to see a different perspective clearer, or notice something you missed before. The change of mind starts and finishes with yourself, but is inspired by a comment made by someone else. Wariness is much less the issue than stubbornness in this case; why should the stranger factor make a difference here?
ChortkovParticipantOK. </shrug>
Iy”H, I hope to be in full time learning – ideally in Kollel, and eventually in some form of הרבצת התורה – a shoel umeishiv in a Yeshiva Ketana, or maybe even a Maggid Shiur. Obviously, plans and expectations are useless and irrelevant. This is what I wish for.
Can I ask for one personal question in return?
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