Avodah Mailing List

Volume 37: Number 26

Sat, 06 Apr 2019

• 1. Spare Cohen Spare Wife of Cohen (Rabbi Meir G. Rabi)
• 2. Showering during shiva (Zev Sero)
• 3. Lashon haRa in the Shulchan Aruch (Micha Berger)
• 4. sociology of pizza shops? (Rich, Joel)
• 5. lifestyle choices (Rich, Joel)
• 6. Re: The Meshekh Chokhmah on Abortion (Micha Berger)

at the start of Mishnah Yuma
why is there a discussion re the spare Cohen's wife which concludes
Im Kein Ein Ledavar Sof

but no such conclusion with the Cohen himself and his spare Cohen

Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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Does anyone know whether there's a general consensus among contemporary 
American rabbonim about showering during shiva, for the average American 
who is used to showering every day, or at the very least every other 
day?  Surely we are not less astheneses in this regard than Rabbon 
Gamliel.  During the 9 days most if not all American rabbonim seem to 
pasken this way, but do they do the same for shiva?

-- 
Zev Sero            A prosperous and healthy 5779 to all
z...@sero.name       Seek Jerusalem's peace; may all who love you prosper

It is often asked why no one tackled hilkhos shemiras halashon untik
the CC. Or more pointedly, what changed in the early 20th cent that we
suddenly needed those laws codified.

I passed it in AhS Yomi (which finished its cycle today, Tues Apr 2).
The context is boshes, among the 5 payments in neziqin. After discussing
ona'ase devarm, CM 420. Around se'if 50 the AhS discusses LH and rechilus,
and continues in following se'ifim like how to do teshuvah when the
person it's about was dead.

Not much, but it's there.

Most insterestingly is the linkage between these issurim and neziqin.
LH is a nezeq that's boshes but none of the other 4.

So then I turned to the SA. Se'ifim 38-40 deal with ona'ah, and within
them, the Rama talks about the bushah caused by talking about someone
to a third party. The neared I could find.


Tir'u baTov!
-Micha

-- 
Micha Berger             One who kills his inclination is as though he
mi...@aishdas.org        brought an offering. But to bring an offering,
http://www.aishdas.org   you must know where to slaughter and what
Fax: (270) 514-1507      parts to offer.        - R' Simcha Zissel Ziv

Interesting development in Bnai Brak. https://lifeinisrael.blogspot.com/2019/02/pizza-and-bnei-braq-to-meet-halfway.html
Seems like an example of the delicate dance between the laity and rabbinic
leadership. (If no one went to those pizza shops, they wouldn't have
remained open.) I wonder who gave them their original supervision against
local leadership and why?
Thoughts?
KT
Joel Rich

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Siman 231 in S"A O"C is one sif long ("buried" between hilchot brachot and
tfilat mincha) which covers all human endeavor. Worth some very detailed
discussion but I'll just mention two points 1.) His "psak" (and I assume
it's psak since it's included in S"A) seems to demand an ascetic lifestyle
(ex. His comments on attitude towards onnah). I'm not sure all agree on
this conclusion (and is this truly an area for psak or is there a range
where each of us must figure out for ourselves?) 2.) The general rule of
evaluating each action based on a goal of service to HKB"H seems right on
to me but I also perceive that people who actually do this or articulate it
as an aspiration, are thought of as somewhat odd, at least in the MO
community. Thoughts?
KT
Joel Rich

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On Tue, Feb 26, 2019 at 02:37:22PM -0500, I wrote R' Korbin of Toronto's
BAYT, and CC-ed y'all:
: I just read your reply to R Herzfeld's op-ed in the Fev 13th post on
: Jewish Journal, "Open Debate Continued: Is N.Y.s Abortion Law Halachic?"
: <https://jewishjournal.com/culture/lifestyle/first_person/293833>

: What caught my eye is your citation of the first Meshekh Chokhmah on
: this week's parashah (Shemos 35:2) ...
: You imply that R' Meir Simchah haKohein miDvinsk holds that abortion is
: murder, by citing the first Meshekh Chokhmah on this week's parashah.

: What he says, though, is that it's assur, even if the punishment is left
: to beis din shel maalah. RYMhK does not actually say that said issur is
: retzichah. He calls it "makeih adam", a quote of the pasuq. But never
: says anything about murder.

Well, I got to a couple of relevant se'ifim of AhS.

CM 423:6. R YM Epstein ends the se'if (and siman), emphasis mine:
    ...And why don't we judge the laws of ason on the fetus?

    Because one is not chayav misah for an ubar, even if killed
    intntionally. For even on a neifel we aren't chayav [misah], as it
    says "and for every nefesh adam he shall suerly die, and an ubar IS
    NOT A NEFESH. (Nissah 44)

And similarly 425:7 quotes the famous Rambam about abortion to save the
mother vs "ein dochin nefesh mipenei nefesh" once the baby crowns. His
explanation as to the difference (citing the mishnah in Ohalos 7):

    Because he life comes before [the fetus]'s life. For the fetus isn't
    yet a nefesh.
    And not because he is a rodeif, because that's the nature of the world!
    And more, if it were because of rodeif, what would be the difference
    between one who emerged his head to one who didn't emerge?

As I noted when citing the Bach, the Rambam does not call the ubar a
rodeif, but says he is to be killed to save the mother "kerodeif".

But in any case, another acharon who says that fetuses aren't "unborn
chidren", that there is no "life" (eino nefesh) to be Pro-Life about.
The issur -- in their opinion (and I'm convinced it's the majority) --
is rooted elsewhere.

-Micha

-- 
Micha Berger             "'When Adar enters, we increase our joy'
mi...@aishdas.org         'Joy is nothing but Torah.'
http://www.aishdas.org    'And whoever does more, he is praiseworthy.'"
Fax: (270) 514-1507                     - Rav Dovid Lifshitz zt"l


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