Category: Machashavah

1

Units of Measure

Pesach-time it’s common for people to start discussing how much matzah and wine one is obligated to eat, so why should I be any different? What are we trying to compute? The definition of eating in numerous contexts requires a minimum quantity of a kezayis (like [the volume of] an olive [including the pit]). This measure, like most halachic measures...

2

For the Jews, There Was Light

לַיְּהוּדִים הָיְתָה אוֹרָה וְשִׂמְחָה וְשָׂשֹׂן וִיקָר. For the Jews, there was light, happiness, joy and preciousness. – Esther 8:16 קִיְּמוּ וקבל [וְקִבְּלוּ] הַיְּהוּדִים עֲלֵיהֶם וְעַל זַרְעָם וְעַל כָּל הַנִּלְוִים עֲלֵיהֶם וְלֹא יַעֲבוֹר לִהְיוֹת עֹשִׂים אֵת שְׁנֵי הַיָּמִים הָאֵלֶּה כִּכְתָבָם וְכִזְמַנָּם בְּכָל שָׁנָה וְשָׁנָה. The Jews established and accepted upon themselves, on their descendents, and on all those who join them,...

1

Eilu va’Eilu part II

[Updated 1/9/2014. The story so far: In part I I gave a survey of opinions from rishonim discussed in essays by RM Halbertal and Rav Michael Rosensweig.] RMHalbertal spelled out three approaches to machloqes: (1) retreival — all machloqes are about recovering forgotten laws, attributed to many ge’onim; (2) accumulative — Torah is built analytically, which means different people can...

3

Bread, Meat and Wine

Rav Aharon Rakeffet recently noted a contrast in wording between the Rambam and the Rama, and mentioned that someone might find “a whole pilpul” in the difference. (Listen to the shiur on YUTorah.org: Responsa Literature #14 – “Rav Baruch Ber Leibowitz” 12-30-13, the observation starts at 8:24, in the opening review of the prior shiur.) Here’s my attempt. Rambam, Hilkhos...

0

Rabbi Meir’s Rhetoric

Rav Meir disagrees with the other sages on a number of topics involving logic. 1- When framing a tenai, a condition on a business dealing, an oath, a pledge or the like, the majority opinion and the halakhah is that for a condition to be binding, it must be stated in both the positive and the negative. In other words, the...

2

The Miracle of Oil

Ask someone why we celebrate Chanukah, and of course the first answer out would be about the miracle of the oil lasting eight days. This allowed the reconsecration of the Beis haMiqdash to be done at its halachic best, without relying on leniencies like “tum’ah huterah betzibur — tum’ah is permitted in public”. When everyone is tamei, no one is...

7

Temimus and Deveiqus

The mitzvah of Beris Milah is introduced with the words, “אֲנִי קֵל שַׁקַּי, הִתְהַלֵּךְ לְפָנַי וֶהְיֵה תָמִים — I am Kel Shakai, walk yourself before Me, and be whole.” To me, this pasuk addresses the focus of the most basic open question in Jewish philosophy. Clearly the attention of Yahadus is on keeping mitzvos. But what is the goal of...

2

Halakhah and Orthodoxy

(Much of this is a popularization of things already posted in this category, originally posted to Facebook.) As I see it, halachic decision-making involves the weighing of numerous items — the strength of the legal logic, the authority of one’s sources, the breadth of acceptance (in both time and population) of the particular ruling, and which ruling better enables the...

0

From Qeren to Shofar

(Updated after Rosh haShanah 5774 with idea from the Tanchuma.) The Ramban, in his Derashah leRosh haShanah, writes that a shofar is a keli, a formal utensil in the halachic sense. For this reason, while most rishonim hold that a hole in a shofar invalidates the shofar only if the hole is such that it changes the produced sound, the...

3

Why are there poor people

The gemara tells a story on Bava Basra 10a: שאל טורנוסרופוס הרשע את ר”ע: אם אלהיכם אוהב עניים הוא, מפני מה אינו מפרנסם? א”ל: כדי שניצול אנו בהן מדינה של גיהנם. א”ל: [אדרבה!] זו שמחייבתן לגיהנם. אמשול לך משל למה הדבר דומה. למלך בשר ודם שכעס על עבדו, וחבשו בבית האסורין, וצוה עליו שלא להאכילו, ושלא להשקותו. והלך אדם אחד,...

3

Kosher, Tahor, Qadosh

The pasuq (still in parashas Re’eih) discusses the various species of kosher and non-kosher mammals (Devarim 14:3-8), marine animals (v. 9-10), and flying creatures (v. 11-20). And the terminology is that this species is tamei, whereas that is tahor. Then, in the final pasuq (14:21): לֹא תֹאכְלוּ כָל נְבֵלָה, לַגֵּר אֲשֶׁר בִּשְׁעָרֶיךָ תִּתְּנֶנָּה וַאֲכָלָהּ, אוֹ מָכֹר לְנָכְרִי, כִּי עַם קָדוֹשׁ אַתָּה,...

13

So, Should I Believe?

If the topic of how far we can stretch Orthodox believes, and whether Dr Farber’s paper violates those limists bore you, you might want to skip ahead to the subtitle “Toward an Orthodox Epistemology“. Well, now that we spent two posts on the topic of a man who is considered to be an Orthodox Jewish rabbi and dayan but doesn’t...

0

The Limits of Orthodoxy

I feel a need to chime in about the contretemps about Dr Zev Farber’s essay “Avraham Avinu is My Father: Thoughts on Torah, History and Judaism” on thetorah.com. But first I want to lay out some thoughts about defining heresy, who qualifies as a heretic, and the limits of Orthodoxy, which may not be the same thing. To be clear,...

5

Orthodoxy and Biblical Criticism

This is part two of my reactions to the internet discussions about Dr Zev Farber’s essay “Avraham Avinu is My Father: Thoughts on Torah, History and Judaism” on thetorah.com. In the first part, I tried to lay out how I view the topic of what is Orthodoxy and what is an Orthodoxy Jew, just to set the scene. Very quick...

0

Value and Money

Yerushalmi Mes’ Qiddushin (or, as the Y-mi would itself call it: Meikhas Qiddushin, see here , the section subtitled “Linguistics”, for why I believe the difference in nomenclature is significant) includes three discussions that I believe reflect on the topic of how to relate value to price. In 2:5, vilna ed. 25a, the gemara discusses the possibility of marrying a...

2

Infinite Worth

I have for a while kept a theory that not only do we aggadically consider human life to be of infinite value but that this notion has halachic import. For example, there is a dispute about what to do when an enemy or criminal gang tell a group of Jews to turn one of their number in to be killed,...

1

Qinyan and Ba’alus

(Originally posted Mar 2007, now enlarged.) “Qinyan” is usually translated “acquisition”, and “ba’alus“, “ownership”. I would suggest that neither translation is precise. And this imprecision only leads to difficulties in understanding the law, rather than the clarity we get by analyzing the halakhah on its own terms. This is another instance of what we looked at in “The Country of Yir’ah“,...

0

Mysticism and Rationalism: Act I

I have been exposed to many misunderstandings in online conversations that revolve around the issue of Mysticism and Rationalism as competing strains in Jewish Thought. Including the idea that these accurate describe streams of Jewish Thought altogether. I also want to challenge the notion that the popularization of Qabbalah is somehow a byproduct of the Maimonidian Controversy, an “equal and...

0

Tum’ah in a Private Domain

A central theme in this “Phenomenology” category of this blog is an extension of an idea from a responsum by R’ Aqiva Eiger. That extension isn’t really part of this observation, but since I’m revisiting the topic, I’m categorizing it here anyway. To save you looking up a prior post and me figuring out another way to explain RAE’s position:...

7

HP, Chaos, and QM

Nowadays, it’s the norm to believe that all events in the universe, even which way a leaf falls in the middle of the forest, is subject to specific Divine Providence (hashgachah peratis — HP in Avodah parlance). However, the Lubavitcher Rebbe says this notion was a chiddush of the Baal Shem Tov’s, and R’ Chaim Friedlander in Sifsei Chaim credits...

5

The Fourth Son

We can consider the rasha, the evil child, to be a failed chakham (the wise one). He is engaged with the laws of Pesach, but unlike the first child, he rejects them. The third son, the tam, is usually defined simple in an unsophisticated or ignorant sense, as though his approach is inferior to the wise child’s. But when we find the word “tam”...

6

Tzav

Halakhah is the means G-d gave us to actively and creatively complete ourselves, to use our Image-of-G-d ability to be who choose to make ourselves and become ever close to that “Image”. The word we generally use is “mitzvah” — that which someone commanded. Notably it is not the more direct conjugation, “tzava” — commandment. It is written as though...

2

Halakhah: Truth or Law?

R’ Moshe Halbertal’s paper on the nature of machloqes found three classical positions. (I blogged on this back in 2005; and you can see RMH’s original 1994 paper “The History of Halakhah, Views from Within: Three Medieval Approaches to Tradition and Controversy“.) As I summarized it then: RM Halbertal proposes that there are three basic positions on plurality in halakhah:...

0

Purim and Ki Sisa

I have heard many derashos discussing the linkage between parashas Tetzaveh and Purim, which usually falls out around the week of Tetzaveh. Typically involving the discussion of the kohein‘s uniform in Tetzaveh and all the mentions of clothing in the megillah — people wearing their finest at the party, Esther’s change into royal clothes, sackcloth when the news of Haman’s...