Avodah Mailing List

Volume 31: Number 126

Tue, 16 Jul 2013

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Subjects Discussed In This Issue:
Message: 1
From: Micha Berger <mi...@aishdas.org>
Date: Sun, 14 Jul 2013 23:21:22 -0400
Subject:
Re: [Avodah] sinah


On Mon, Jul 15, 2013 at 03:15:59AM +0000, saul newman wrote:
: why is this called 'chinam' ? when 2 individuals fight and the situation
: escalates, i can see that they have sinah for each other , but it is
: not chinam -- they can each justify the wrong done them, and the emotion
: then attaches...

Sin'as chinam has no purpose, whether or not it has a cause.

Also, as per the Tosafos I cited Thur 
<http://www.aishdas.org/avodah/vol31/v31n125.shtml#07>,
sin'ah that starts with a legitimate reason that grows because he
naturally hates the one who hates him, so I similarly hate him more
back, etc... is also prohibited sin'ah.

-Micha



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Message: 2
From: Micha Berger <mi...@aishdas.org>
Date: Sun, 14 Jul 2013 23:21:22 -0400
Subject:
Re: [Avodah] sinah


On Mon, Jul 15, 2013 at 03:15:59AM +0000, saul newman wrote:
: why is this called 'chinam' ? when 2 individuals fight and the situation
: escalates, i can see that they have sinah for each other , but it is
: not chinam -- they can each justify the wrong done them, and the emotion
: then attaches...

Sin'as chinam has no purpose, whether or not it has a cause.

Also, as per the Tosafos I cited Thur 
<http://www.aishdas.org/avodah/vol31/v31n125.shtml#07>,
sin'ah that starts with a legitimate reason that grows because he
naturally hates the one who hates him, so I similarly hate him more
back, etc... is also prohibited sin'ah.

-Micha



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Message: 3
From: David Wacholder <dwachol...@gmail.com>
Date: Mon, 15 Jul 2013 02:01:56 -0400
Subject:
[Avodah] Tisha Bav Krovetz 14 stanzas


Kinna/Piyut of HaKalir beginning "Zechor Eicha Anu Sefateinu"
In Machzor Roma Part One [Hebrewbooks_org_44325  364] , we have the
?ancestors? of Ashkenaz Kinna. Their community was one of the oldest
in Europe. , one of the oldest versions, they said Krovetz style
verses on every blessing of the Amidah up to Boneh Yerushalayim. Most
Kehillos skip them, and our Kinna #6 joins HaKalir midstream for the
last eight stanzas. R? Feuer attempts to explain the complex patterns,
see Artscroll Kinos page 152. Amudei Ha?avodah page 38-39 hints at the
pattern in obscure fashion.
Ginzei Schechter Volume One, pages 246-297 brings from the Cairo
Genizah the earliest and the most erudite exposition of this Piyut. It
is attributed to the author of Midrash Lekach Tov and was written well
before the time of Rashi.  Lekach Tov detects in the 154? Lines:
all  12 tribes, 12 Mazalos, 24 Mishmaros Kehunah, 12 months.
The following applies to the first 14 verses which I found in Machazor
Roma, though the printer did not preserve the line structure. It is
only understandable with the Piyut in front of you from Machzor Roma.
BODY is six lines, each; line with consecutive alliteration the
alphabetical letter - e.g. Aleph Alephl and often a third one
KEY TO BODY SIX LINES
REFRAINS: Zchor, Eicha?., Vlo Zacharta? Uv?chein ? Zchor HVY-H Meh Haya Lanu
Main 6  lines  keyed by two consecutive words with same initial ? alef
alef [b b, g g, etc.]
Line_1=Extra prefatory Word from Kina 5 _Pos-1
              Line_1=Word-First [after preface]  from Kina 4 _Pos-1
Line_2=Word_1  from Kina 3 Pos-3
Line_3=Word_1  from Kina 3 Pos-2
Line_4=Word_1  from Kina 3 Pos-1
Line_5=Word_1  from Kina 2 Pos-1
Line_6=Word_1  from Kina 1 Pos-1
      Lines_1-to-6 rhyme them EINU [rhyme ELOKEINU]
Line_6=Word_Last  is Kina 1 Posuk-1?s last word
KEY TO CONCLUDING LINES
Line_7=Word_1 repeats is Kina 1 Pos-1?s last word Line_6=Word_Last
Line_8 begins always Lamah Tihyeh
Line_9 begins always eZechor
Line_7-9 rhyme theme Racham [rhyme Avraham]
Kina 5 supplies word-#1 of Line #1 ;; end of very same pasuk is BOTH
 Baruch Atah HVHY MAGEIN AVRAHAM



Email: dwachol...@gmail.com
dwachol...@optonline.net



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Message: 4
From: Eli Turkel <elitur...@gmail.com>
Date: Mon, 15 Jul 2013 14:56:16 +0300
Subject:
[Avodah] Havdalah during the nine days


<<Have you given any thought to how you are going to make Havdalah this
Motzai Shabbos?>>

A little late -)
Rav Tzvi Rimon suggests using grape juice since it is only a minhag to not
drink grape juice during the 9 days.
He also claims that CI stated that beer was not chamar medinah since it is
not a popular drink.
I have no idea what the situation was in the 1940s when the country was
poor but today it certainly is a popular drink

As usual beware of piskei halacha from gedolim that depend on circumstances
as those can change

-- 
Eli Turkel
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Message: 5
From: "M Cohen" <mco...@touchlogic.com>
Date: Mon, 15 Jul 2013 09:11:33 -0400
Subject:
[Avodah] structure of shmoneh esrai


We know that the original structure of shmoneh esrai (before addition of
19th) is 3 praise + 12 request + 3 thanks.

I was always bothered by the seeming lack of structure/seder of the middle
12. 
Basically it seems like just a chulent of important ideas.

(I know the gemora gives reasons why some brochos are ordered as they are,
but not an overview that explains all the brochos or the grand structure)

I was listening to a tape from R Bulman z'l who mentioned agav that the 12
request are also structured in groups of 3.

3 for individuals spiritual needs (daas/teshuvah/slicha) + 
3 for individuals guf needs (geulah/refuah/parnassa) + 
3 for Klal Yisroel's spiritual needs (geulah/leaders for justice/leaders for
torah) +
3 for Klal Yisroel's guf needs (rebuild J'm/moshiach/shma koleinu)

He didn't mention a source for this - is this his own vort, or have pple
heard/seen this vort in earlier mforshim?

Mordechai Cohen





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Message: 6
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 15 Jul 2013 13:05:33 -0400
Subject:
Re: [Avodah] structure of shmoneh esrai


On Mon, Jul 15, 2013 at 09:11:33AM -0400, M Cohen wrote:
: I was listening to a tape from R Bulman z'l who mentioned agav that the 12
: request are also structured in groups of 3.
: 
: 3 for individuals spiritual needs (daas/teshuvah/slicha) + 
: 3 for individuals guf needs (geulah/refuah/parnassa) + 
: 3 for Klal Yisroel's spiritual needs (geulah/leaders for justice/leaders for
: torah) +
: 3 for Klal Yisroel's guf needs (rebuild J'm/moshiach/shma koleinu)
: 
: He didn't mention a source for this - is this his own vort, or have pple
: heard/seen this vort in earlier mforshim?

I'm not an earlier meforash, but it's in Ashirah Lashem
<http://www.aishdas.org/siddur.shtml>, pg 6 fn 2. Barukh Shekivanti,
since I couldn't have heard said tape. But I also explain it "horizontally",
giving parallel meaning to the first, second and third in each set of
three (you'll need a fixed-width font to see the table, or go to the
PDF at <http://www.aishdas.org/siddur_pg.pdf#page=10>:

    The requests of the weekday Amidah follow a formal structure. We
    make four basic requests, and each request has three components: a-
    providing a state where the request can be granted in its fullest;
    b- curing what is currently wrong with the item in question; c-
    satisfying the need itself.

    We start with the hope that each Jew could find a stable relationship
    with Hashem. We request that Hashem perfect the domain of that
    relationship, the mind and soul (Birkhas haDa'as). We then ask that
    Hashem bring us to return to Him (Teshuvah), and that He ignore our
    past transgressions so that He may treat us the way He did (Selichah).

    The second request is for prosperity and physical well being for
    every Jew. We beseech Hashem to return us to Israel (Ge'ulah),
    restore the health of all who are sick (Refu'ah), and to grant wealth
    to the land and the people in it (Shanim).

    After addressing the spiritual and physical of individuals, we discuss
    the nation as a collective whole. First, we pray for a restoration
    of justice. It is hardest to see G-d's "Hand" in history when our
    sense of justice is violated. We therefore ask Hashem for a return
    to Jewish autonomy (Qibutz Galiyos), where we can restore a halachic
    judicial system (Hasheves haMishpat) and see evil punished (Minim),
    and good rewarded (Tzadiqim) -- both by man and by Hashem.

    Last, we ask for the arrival of the messianic age. This entails
    returning to Jerusalem (Binyan Yerushalayim) with a king at our head
    (Moshiach ben David) and Hashem providing all of our needs (Shomeia
    Tefillah).

                                Domain          Repair          Culmination
                                """"""          """"""          """""""""""
    Spiritual Return            Da'as           Teshuvah        Selichah
    Physical Contentment        Ge'ulah         Refu'ah         Shanim
    Justice                     Qibutz Goliyos  Hasheves        Tzadiqim
                                                Hamishpat / Minim
    Ultimate Redemption         Binyan Y-m      Mashiach        Shomeia Tefillah

You'll notice that I took the liberty of making one correction compared
to my siddur. I now group "Velameshumadim" (Velamalshinim, for you
modernists) with Hashivah Shofeteinu, as I tend to think of punishing
the wicked as a step before the final goal. When I composed the siddur,
punishing the wicked and rewarding the tzadiqim were framed as parallel
descriptions of the ultimate justice.

Also, I have since wondered how the structure would stand up to Nusach EY,
in which there were 18 berakhos, by combining Binyan Y-m and Es Tzemakh
David into one. Then if EY also structured their baqashos in such triads:

                                Domain          Repair          Culmination
                                """"""          """"""          """""""""""
    ...
    Justice                     Qibutz Goliyos  Mishpat         Minim
    Ultimate Redemption         Tzadiqim        Y-m & Mashiach      Shomeia Tefillah

So the first triad would be about Justice in the sense of punishment in
particular. Al haTzadiqim ends up being about tzadiqim as the ones who
would be ressemed. And otherwise everything else fits.

Or maybe the structure was itself the nequdah that the machloqes between
nusachos revolves upon, and Nusach EY rejected it.

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
mi...@aishdas.org        and her returnees, through righteousness.
http://www.aishdas.org
Fax: (270) 514-1507



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Message: 7
From: Micha Berger <mi...@aishdas.org>
Date: Mon, 15 Jul 2013 17:01:59 -0400
Subject:
[Avodah] Abortion isn't Murder


Just because the topic came up on Areivim a mere 2-1/2 months after the
last time it did here, I thouhgt I would just list the sources posted
here in the past which insist that abortion isn't murder.

Before I do so, I must acknowledge RMF's daas yachid in IM CM 2:69(b),
which argues it is murder.

Tosafos say abortion is mutar on Niddah 44b "eihu". This is usually
interpreted away: That either they are saying it isn't under the same
issur as for benei Noach, but still assur, or that they are speaking
only bemaom saqanah.

The Ran (Chullin 58a) says abotion is deRabbanan.

The Minchas Chinukh says that abortion for BN is punished with death
because it's a 7MBN and explcitly excludes it being because it's
retzichah mamsh. And that's why the Rosh says that a Yehudi may abort
a bas Noach's velad to save her life because it's dechuyah bemaqom
sakanah like any other issur.a

The Zohar Shemos 3b describes abortion as being a horrible destruction
of HQBH's handiwork, the same language it uses to describe shichvas
zera levatalah. The Chabos Ya'ir (teshuvah 31) also considers abortion
to be hota'as SZL.

The Maharit (1:97) concludes abortion is asur as a form of injury to
the mother.

The Mishtetei Uziel (CM 4:46, others cited 3:47) says it's like shefichas
damim only because the gemara likens all neglect of piryah verivyah to
shefichas damam. Leshitaso, abortion derives from piryah veriyah (an
asei)!

The Tzitz Eliezer, when he is choleiq with RMF (one of 7:48, 9:51:3,
13:102), opines that RMF's raayah chilul Shabbos doesn't prove anything,
since "challel alav Shabbos achas kedei sheyishmo Shabasos harbei"
applies to an ubar. This draws from the Ramban, Toras HaAdam (d"h
"ubeHalakhos Gedolos", R' Chavel ed. pg 29). He too concludes it's
hotza'as zera levatalah, and cites the Yaavetz in 1:43.

Although to be fair, RYE is speaking about aborting without 72 hours,
"morning after" in today's political parlance, to prevent the birth of a
mamzer, or a woman having to carry the product of her being raped. So the
TE is taking it further than one has to insist the Yaavetz intended.
(Although there is no reason to insist otherwise, either.) And in any
case, the TE is an acharon to cite in his own right.

RJHendell quoted RASoloveitchik who notes that the Rambam (Rotzeiach
1:9) says the ubar is "KErofeif achareha", snf it'd only in the case of
mishehotzi rosho that the Rambam says "ein dchon nefesh mipenei nefesh".
RAS understands the Rambam as saying the ubar isn't really a rodeif --
there is no pursuit of the mother, teva put the two in conflict. Which is
why the Rambam doesn't allow infanticide after crowning to save the
mother. But before that, the ubar isn't really a nefesh either, so it
being KErodeif is enough.

This is the shitah of ROY (Yabia Omer 4, EH 1).

RIAZ cited Eirukhin 7a, where the gemarah is discussing a mishnah that
says that BD kills a pregnant woman without waiting for the baby is born.
The gemara's asks that this is too obvious to even warrant a mishnah,
since a fetus is part of the mother. So it explains that I might have
had a hava amina that the father's stake would override.

In a similar vein was my citation this past may of Y-mi Qiddushin 13b,
where a shifchah can accepts a gett shichrur on behalf of her velad
because it's part of her. (An eved cannot accept a gett shichrur for
another.)

R' Eli Turkel (2011) simply listed mar'eh meqomos from Enecy Hilchatit
Refu'it by R' Dr Steinberg:
        Ramban (nidah 41a)
        Yad Ramah (Sanhedrin 57b)
        Radvaz (vol 2 #695)
        Drisha EH 13:4
        Sma CM 425:8,
        Sridei Esh  (vol 3:127)
    and many others
    see also Tosafot Sotah 26a

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
mi...@aishdas.org        and her returnees, through righteousness.
http://www.aishdas.org
Fax: (270) 514-1507



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Message: 8
From: "Sholom Simon" <sho...@aishdas.org>
Date: Mon, 15 Jul 2013 14:05:46 -0400
Subject:
[Avodah] Ahavat Chinam


> Thus RMMS (the last LR) explained that R' Nachman could state "mitzvah
> gedolah lihyos besimchah tamid" even in these 9 Days. Because people
> can feel mixed emotions, one can be besimchah about being an eved
> Hashem even while feeling aveilus for the tragedy of the churbanos
> (and everything that ensued from them).

This is exactly why RMMS exhorted his chassidim to try to attend a siyyum
each of the Nine Days.  (This, despite the fact that attending such a
siyyum does not allow one to eat meat* (al pi L minhagim).)  The idea
being, as RMB related, the joy of being an eved H" is always permitted,
and, during the Nine Days, it's appropriate to remind ourselves that the
way to defeat darkness is with light.

-- Sholom

(*which leads to the amusing situation -- in our local shul, there are
siyyumim most of the Nine Days, with a BBQ, and just about everybody eats
meat from the BBQ except the shul rabbis).




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Message: 9
From: Eli Turkel <elitur...@gmail.com>
Date: Tue, 16 Jul 2013 11:09:23 +0300
Subject:
[Avodah] Nechama


In the famous gemara at the very end of makkot, R. Akiva and the rabbis are
walking near
har habayit and see a fox. The rabbis cry and R. Akiva laughs
R. Akiva asks why are they crying - a strange question
They ask why he is laughing
The rabbis give the obvious answer that they are crying over the destroyed
Temple
R. Akiva answer that he is laughing because of the connection of 2
prophecies guarantees that there will be a salvation

Questions - Why does R. Akiva ask why they are crying
More important what is R. Akiva's answer. How does the fact that G-d will
bring salvation in 2000 years bring nechama over the destroyed bet
hamikdash they witness with their eyes

--------------------------------
On a different question R. Nebenzahl asks how a Jew in EY can react to the
kinah "Zion Ha-Li Tishali" vy Rihal when when is living in a rebuilt EY.
He answers that Jews can build beautiful gardens or produce hi-tech
companies anywhere in the world. The nature in EY is not nicer than the
great mountains and waterfalls in other countries.
What is different in EY is the Torah of EY and that EY is under the direct
guidance of Hashem.
We still mourn that we have not reached the appropriate level of
spirituality in Israel in spite of all the economic progress

-- 
Eli Turkel
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Message: 10
From: cantorwolb...@cox.net
Date: Tue, 16 Jul 2013 10:19:38 -0400
Subject:
[Avodah] 25 Hour Fast


Given the heat wave and severe humidity, would 
it be considered advisable to drink some water to
avoid dehydration. We are talking about "for health"
issues.
ri



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Message: 11
From: Micha Berger <mi...@aishdas.org>
Date: Tue, 16 Jul 2013 11:08:51 -0400
Subject:
Re: [Avodah] 25 Hour Fast


On Tue, Jul 16, 2013 at 10:19:38AM -0400, cantorwolb...@cox.net wrote:
: Given the heat wave and severe humidity, would 
: it be considered advisable to drink some water to
: avoid dehydration. We are talking about "for health"
: issues.

CYLOR *in advance* about which health issues qualify.

To clue people from other areas in, or just to help people who might
be reading this exchange off the Google archive, today's forecast here
in the NY area was for 99 degF with humidity etc conspiring to make it
feel well into the three digits. This heat wave is at least as far out
as our chevrah in Chicago, and farther north than the cantor's home.
Thank G-d, things aren't turning out as bad as forecast -- we are now
expecting a high of "only" 94 or so.

I commented on Areivim about a brillianly worded email by one LOR that I
received yesterday afternoon. Unfortunately, I deleted the thing before
thinking it might be sharable.

The letter focused on the obligation to remained in airconditioned rooms
during the taanis. The rabbi noted that if one was feeling the effects
of dehydration, they would be obligated to drink. But he phrased it as
a situation to avoid, and thus obligating the airconditioning.

I considered this a brilliant way to balance being sure that people knew
to drink as their health requires, but still not giving a message that
plays down the importance of keeping 9 beAv.

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
mi...@aishdas.org        and her returnees, through righteousness.
http://www.aishdas.org
Fax: (270) 514-1507



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Message: 12
From: Micha Berger <mi...@aishdas.org>
Date: Tue, 16 Jul 2013 11:43:02 -0400
Subject:
Re: [Avodah] Seeing the Simcha of Yerushalayim


On Fri, Jul 12, 2013 at 10:21:08PM +0000, Kenneth Miller wrote:
: There's a famous gemara on Taanis 30b which is often translated as,
: "Whoever mourns for Yerushalayim will be zocheh to see her simchah." But
: I noticed that the last phrase - zocheh v'roeh b'simchasa - is in the
: present tense, not the future.
..
: Rather, the gemara is describing the *current* situation. One who mourns
: properly is not merely affected by the Churban deeply and personally,
: as if he was living through it. More than that, he sees it in its proper
: perspective through all of history. If one can grasp the reality of
: the Churban to that extent, then he can appreciate the reality of the
: Rebuilding just as strongly, and he can share in Yershalayim's joy in
: the here and now, just as surely as Rabbi Akiva did, when he laughed
: upon seeing the foxes on Har HaBayis.

R' Elchanan Adler makes the same grammatical observation. In
<http://download.yutorah.org/2013/1053/Tisha_Bav_To-Go_-_5773_Rabbi
_Adler.pdf>
he offers a similar (but lengthier) answer:

    This cathartic experience of "zoche vero'eh besimchasa" -- in the
    present tense -- is closely associated with a phenomenon known as
    "nechama," commonly translated as "consolation." The motif of nechama
    is embedded within Tisha B'Av ritual and liturgy but only emerges
    after midday of Tisha B'Av. This is why after chatzos (midday),
    some of the Tisha B'Av restrictions are lifted. Also, the Mincha
    Amida includes the prayer of Nachem, which asks for consolation;
    a theme that is omitted during Shacharis. Let us understand the
    message of nechama that is inherent in Tisha B'Av.

    In truth, there is something very puzzling about associating nechama
    with Tisha B'Av afternoon. The Gemara (Ta'anis 29a) tells us that
    it was on the eve of the ninth of Av that the Beis Hamikdash was set
    aflame and it was over the course of the next two days -- the ninth
    day of Av through the tenth -- that it was completely consumed
    by the flames. Based on this, Rabbi Yochanan observed that had
    he been present at that time, he would have ordained that the day
    of mourning be the tenth of Av rather than the ninth. The Rabbis,
    however, who selected the ninth of Av, did so because it was on the
    eve of the ninth that the process of destruction had begun. Even
    so, in view of the fact that much of the Beis Hamikdash continued
    to burn throughout the afternoon of the ninth, does it not seem
    incongruous that precisely this period should be designated as
    nechama? The answer may lie in the etymology of the word nechama,
    which, apart from its common meaning, "consolation," also implies
    "reconsideration." For example, in the aftermath of the sin of the
    golden calf we read (Shemos 32:14) "vayinachem Hashem al hara'ah
    asher diber la'asos l'amo," "Hashem reconsidered -- changed His mind,
    as it were -- concerning the evil that he had originally sought to
    do to his nation."

    Why is the Hebrew word for "consolation" identical with that of
    "reconsideration?" The answer is because the essence of consolation
    is the ability to shift perspective -- to look at the same reality
    and to "reconsider," to see it in a different light. While from an
    earlier perspective, a tragedy might be viewed in stark "black and
    white" terms -- as senseless and meaningless -- nechama allows for
    shades of gray, leading one to perceive a silver lining within the
    depth of the suffering. While a painful void and gnawing questions
    still remain, the spirit of nechama begins to uncover Divine grace,
    permitting people to discern the hidden hand of Providence underlying
    the apparent madness, and encouraging them to use the painful
    experience as an impetus to move forward creatively. In short,
    nechama connotes the ability to reconsider. Although externally
    nothing may have changed, and things may, on occasion, even seem
    worse, internally, a transformation has taken place in the meaning
    that one assigns to this harsh reality.

    Shafach Chamaso Al Eitzim Va'avanim:
    Discovering the Silver Lining

    Chazal (Eicha Rabbah 4:14) identify what is perhaps the quintessential
    element in the process of nechama for churban Beis Hamikdash --
    namely, the fact that while the physical structure of the Beis
    Hamikdash was destroyed, the Jewish people, as a whole, survive. G-d
    poured out his wrath on the wood and stones that comprised the
    physical structure of the Temple -- but it could have been far
    worse. The awareness that the Temple was the target of the punishment
    while the people were spared is the theme that lies at the heart
    of nechama. It represents the shift in perspective that brings with
    it a measure of consolation as we come to grips with the tragedy of
    churban Beis Hamikdash.

    It is precisely for this reason, the Gaon of Vilna explains (OC
    555:1), that the period after midday on the ninth of Av was designated
    as a time for nechama. It was then, while the Temple burnt to a crisp,
    that the "silver lining" of "shafach chamaso al eitzim va'avanim,"
    "He poured out his wrath on the wood and stones," became apparent. As
    tragic and painful as things were, a renewed perspective allows for
    some consolation -- in the knowledge that at the height of tragedy,
    Hashem made sure to spare the nation. On Tisha B'Av night and earlier
    on in the day, we do not allow ourselves to take such comfort. We
    feel devastated as we engage in tearful mourning and recite the
    kinos. But somehow, as a result of this process, we are suddenly
    left with a ray of hope -- "zoche ve'ro'eh besimchasa." We begin
    to detect the chasdei Hashem, the Divine grace, within the throes
    of the churban itself -- "shafach chamaso al eitzim va'avanim." This
    sense of nechama gives us the ability to move on.
    ...

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
mi...@aishdas.org        and her returnees, through righteousness.
http://www.aishdas.org
Fax: (270) 514-1507



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Message: 13
From: Micha Berger <mi...@aishdas.org>
Date: Tue, 16 Jul 2013 11:51:59 -0400
Subject:
Re: [Avodah] Havdalah During the Nine Days


My annual question is whether the better choice were beer or grape juice.

Which reflects two very different ways of how to extrapolate beyond
halachic "must / may not" to aggadic "ought" of lifnim mishuras hadin. Do
we measure it in aggadic terms, and since beer gives an alcoholic "buzz"
like wine, it's the more similar? Or do we treat it as an exension of
halakhah, making grape juice a kind of wine by rigid legal reasoning.

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
mi...@aishdas.org        and her returnees, through righteousness.
http://www.aishdas.org
Fax: (270) 514-1507



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Message: 14
From: Zev Sero <z...@sero.name>
Date: Mon, 15 Jul 2013 17:58:40 -0400
Subject:
Re: [Avodah] Abortion isn't Murder


On 15/07/2013 5:01 PM, Micha Berger wrote:
> Just because the topic came up on Areivim a mere 2-1/2 months after the
> last time it did here, I thouhgt I would just list the sources posted
> here in the past which insist that abortion isn't murder.

Please cite *any* source that distinguishes between harigas ubar and
harigas ben noach.

-- 
Zev Sero               A citizen may not be required to offer a 'good and
z...@sero.name          substantial reason' why he should be permitted to
                        exercise his rights. The right's existence is all
                        the reason he needs.
                            - Judge Benson E. Legg, Woollard v. Sheridan



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Message: 15
From: "Rabbi Meir G. Rabi" <meirabi@_gmail.com>
Date: Tue, 16 Jul 2013 23:58:11 +1000
Subject:
Re: [Avodah] Abortion isn't Murder


The Gem Sanhedrin 57 discusses those things prohibited to NJ, all of which
are capital offences.

R Yishmael says it is prohibited for a NJ to kill a foetus and the
source for this is ShoFech Dam HaAdam BaAdam. This is distinct from the
transgression of murder of a human; meaning it is clear that killing a
foetus is not murder. So there is a NEW prohibition killing a foetus,
distinct and separate from the sin of murder. The Passuk is a descriptor
to describe a foetus; it is NOT a definition of what is a human.

Best,
Meir G. Rabi


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