Avodah Mailing List

Volume 04 : Number 428

Sunday, March 12 2000

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Subjects Discussed In This Issue:
Date: Sat, 11 Mar 2000 23:21:51 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Avodah V4 #417


On 10 Mar 00, at 14:50, DFinchPC@aol.com wrote:

But if Clinton is your idea of anti-Israeli, then nothing is going 
> to make you happy, not even the Moshiach himself.

Nah, Clinton isn't anti-Israel. He just thinks we're a puppet state. 
That's why he installed a marionette as Prime Minister.

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sat, 11 Mar 2000 23:28:02 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Dat U'Medina


On 10 Mar 00, at 12:45, Micha Berger wrote:

> Carl Sherer <cmsherer@ssgslaw.co.il> wrote:
> : The last time I learned the first Mishna in Peah it said "Talmud
> : Torah k'neged kulam," and not all the others. The others are
> : b'geder "ochel peiroseihem ba'olam hazeh v'hakeren kayemes lo
> : le'olam haba."
> 
> What is the "kulam" -- the other 612 mitzvos, or other mitzvos listed in
> the mishnah "sheha'adam ocheil peiroseihem..."?
> 
> If the former, then it must be guzma. The same attribute is said of Torah,
> Tzitzis and Yishuv Eretz Yisrael. They all can't be literally greater than
> each other. Besides, Avos tells me to treat kalos and chamuros equally
> because I am unable to do such comparisons.

The Meforshim of the Mishna, based on the Rambam, all seem to 
say (with the exception of the Yachin who goes off in a different 
direction) that what it means is that Talmud Torah brings us l'ydei 
maaseh, and that therefore it is k'neged kulam. I understand that 
as meaning that without Talmud Torah the others would not exist. I 
think that the explanation for Tztzis, Yishuv HaAretz and other 
mitzvos which are "k'neged kulam" would have to be different.

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sat, 11 Mar 2000 23:21:49 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Machtzis HaShekel


> Date: Fri, 10 Mar 2000 09:15:29 EST
> From: Yzkd@aol.com
> Subject: Re: Machatzit haSheqel
> 
> In a message dated 3/10/00 1:39:22 AM Eastern Standard Time, 
> toramada@zahav.net.il writes:
> 
> > I haven't seen any mention of this on Avodah or elsewhere, but here in
> >  Israel  a new society for Machatzit Hashekel has been opened.
> >  
> >  They have minted a silver coin in the appropriate value and you can
> >  purchase it for 20 NIS.  They state categorically that this is not
> >  Hekdesh.
> >  
> IMHO for the Minhag of Machtzis Hashekel before Purim this will not be good, 
> as it has to be 1/2 of the official coin of the country (not something that 
> is worth 20x as much), likewise there are those that try to be Mehadeir in 
> the USA to use an old half dollar, as it is pure silver, however Ldina IMHO 
> (I am NOT a Poseik) it is not needed as the current 1/2 dollar is just fine.

A couple of years ago I heard a shiur from R. Yitzchak Mordechai 
Rubin shlita, which IIRC concluded that because there is a safek 
as to whether the mitzva today is three halves of the local currency 
or the value of three half shekels of silver, one should be mehader 
to do both. I assume that the coin under discussion is worth the 
proper amount for the second shita.

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sat, 11 Mar 2000 23:28:02 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Avodah V4 #417


On 10 Mar 00, at 11:00, Harry Maryles wrote:

 Almost every Avreich in Lakewood would be
> considered below the poverty line. Yet, partly through
> the benevolence of the US welfare system, most of them
> are well fed, clothed, and sheltered. The numbers of
> young people opting for a lifestyle of learning Torah
> full time, increases geometrically, year after year. 
> And what is the US government response to this?  They
> honor it.  Politician after politician say that the
> Jewish value of learning as exemplified in Yeshivos
> like Lakewood should be an example to all of us.

What do you expect them to say? If they were to say they were 
opposed to yungerleit sitting and learning they would be branded 
as anti-semites.

-- Carl (tongue deeply embedded in cheek :-) 


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sat, 11 Mar 2000 23:28:03 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Avodah V4 #417


On 10 Mar 00, at 11:00, Harry Maryles wrote:

> Also, Your comment about, " Eisenhower, Nixon, Carter,
> Bush, and, even "Slick Willy," are ridiculous.  I do
> not believe any of those individuals were truly
> anti-Semitic.  

Have you read the Nixon tape transcripts? And he was without a 
doubt the MOST pro-Israel President the US ever had (although 
what his reaction would have been to the Yom Kippur war had 
Watergate not been going on at the same time is highly 
debatable)? How can you characterize Jimmy the Peanut Farmer 
as anything other than a flaming anti-Semite? That has nothing to 
do with whether one is for or against the "peace process." 

Yes, America has done a lot of good for Israel and for the Jews, but 
when you start to turn people like Carter into lovers of Israel your 
argument becomes ludicrous.

As to Slick Willy, I suspect his true colors will come out after he 
leaves the White House. For now I would characterize him as a 
patronizing meddler.

Just because you don't like their
> policies on the State of Israel does not make them
> anti Semitic.  Is Shimon Peres an anti-Semite? 

No. Shimon Peres, like Slick Willy (which is why they hit it off so 
well), is a man so filled with ego that he will sacrifice anyone and 
anything to assure his "place in history." The Greeks called it 
hubris.

> President Clinton, whatever else you might think of
> him has been the most pro Jewish president in history,
> and has even invited Orthodox Jews to overnight stays
> in the Lincoln bedroom which has been, until Clinton,
> the preserve of only the elitist of (waspy) Americans.

Slick Willy invited anyone who was willing to pay enough to sleep 
in the Lincoln Bedroom. The fact that there were Jews willing to 
pay enough doesn't prove anything.

> Finally there's one more point I would like to make. I
> was not trying to say that it is better to live in
> America than in Israel. Obviously we all have  an
> obligation to live in Eretz Yisroel.  There are
> Mitzvos there that we can't fulfil here.  The Ruchnius
> there is certainly superior to the Ruchnius here. But
> the Tumah there is also, greater than it is here. 
> Read R. Aharon Feldman's article on the subject of his
> interview with 60 Minutes in the current issue of the
> Jewish Observer. The Tumah of  Chiloni Society is
> rampant and seems to surpass even the US in some of
> it's depravity.

I would like to see this interview before commenting. If anyone in 
EY has it, please email me off list.

> "Livin' in the USA" or Living in Israel  isn't an all
> or nothing situation. As R. Shaul Weinreb pointed out
> there are many reasons for living in the USA, some of
> which he listed.  

I'm not sure what post you're referring to. IMHO there is very little 
that justifies intended permanent residence in the US.

> To  paraphrase and turn the famous statement Marc
> Antony made in William Shakespeare's "Julius Ceaser":
> The purpose of my original post was to praise America
> not to bury Israel.

IIRC Marc Antony's stated purpose and real purpose were at odds 
with each other.

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sat, 11 Mar 2000 19:22:52 EST
From: DFinchPC@aol.com
Subject:
Re: Avodah V4 #417


In a message dated 3/11/00 3:28:36 PM US Central Standard Time, 
sherer@actcom.co.il writes:

<< Nah, Clinton isn't anti-Israel. He just thinks we're a puppet state. 
 That's why he installed a marionette as Prime Minister.
  >>

No, he doesn't. He's fully aware of Israel's ability to function (at least 
militarily) with complete autonomy, and respects it absolutely. I imagine 
he'd applaud other forms of non-dependent behavior, too.

On the other hand, Clinton favors the peace process and looks kindly upon 
Israelis who feel the same. So do a lot of us over here. Clinton's problems 
with Barak's predecessor were not entirely political, however. Netanyahu's 
unpopularity with Americans had much to do with his personal reputation, at 
which one may not even hint without getting knee deep with lashon hara. Let's 
just say his saying it didn't make it so.

I doubt that the soldiers who served under Barak would look into his eyes and 
call him a "marionette" to his face, at least when badges of rank are 
removed. Would you? By the way, Clinton couldn't install anybody as prime 
minister of Israel. Not only is Israel ungovernable by its residents, it is 
also ungovernable by the United States, which has its own electoral problems 
to address.

David Finch


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Date: Sat, 11 Mar 2000 19:23:48 EST
From: DFinchPC@aol.com
Subject:
Re: Avodah V4 #417


In a message dated 3/11/00 3:47:47 PM US Central Standard Time, 
sherer@actcom.co.il writes:

<< No. Shimon Peres, like Slick Willy (which is why they hit it off so 
 well), is a man so filled with ego that he will sacrifice anyone and 
 anything to assure his "place in history." The Greeks called it 
 hubris. >>

An egotistical Jewish politician. Imagine that!

David Finch


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Date: Sat, 11 Mar 2000 19:34:53 EST
From: Joelirich@aol.com
Subject:
Re: Gomel


In a message dated 3/11/00 4:28:59 PM Eastern Standard Time, 
sherer@actcom.co.il writes:

<< but R. Moshe would certainly hold that one should bring a 
 Korban Toda at the conclusion of an airplane trip (that could make 
 air travel awfully expensive after bias Mashiach :-). 
  >>
My point exactly, it's hard to sea :-) the karban toda being brought for run 
of the mill daily activities.

Shavua Tov,
Joel Rich


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Date: Sat, 11 Mar 2000 21:38:19 EST
From: UncBarryum@aol.com
Subject:
Re: Avodah V4 #427


In a message dated 3/11/00 3:49:22 PM Central Standard Time, 
owner-avodah@aishdas.org writes:

<< I can't believe you missed so completely the
 essence of my post.  I was trying to defend what I
 perceived was a subtle smear on America by describing
 what I believe to be her essential goodness.  I
 believe that R. Moshe reffers to this country as Eretz
 HaChesed (or something like that) in one of his
 Teshuvos. We need to have HaKoras HaTov to this great
 nation.  I do not believe that those of you who
 constantly bash this wonderful country have sufficient
 understanding of this.  Nor do I believe you
 appreciate what this country has given to you, your
 (our) people and all the peoples of the world by being
 a shining example of how a representative democracy
 works.  The freedom which this nation provides has
 given us, all of us, prosperity beyond what has ever
 been known in the world here to fore.  >>

...and you missed my point R. Harry. Democracy and freedom are a vehicle 
which should be used only to fulfill our mission as Jews, not an end. Freedom 
is a right and privilege to cherish, but, not to worship. Your vernacular and 
vitriol can't be confused for enthusiasm. I cherish the democracy and 
freedoms accorded to me as a citizen, however, it must be tempered by the 
realization that as Jews we have a mission, not to get sucked in by the 
"isms" that are alien to our belief. People of great enthusiasm and intent 
are often led astray by misconceptions between vehicle and purpose. I heard a 
drasha by a reputable Rav, in his discussions of Rambam's, Hilchos Teshuva, 
regarding communal responsibilities for sinning, that perhaps the only saving 
grace of this very democratic, very morally corrupt country, is the amount of 
tzedakah, both acts of chesed, and, cash, that government, businesses, and, 
individuals raise for the needy and disenfranchised around the world.  We are 
the most charitable nation ever, regardless of the sometimes ulterior 
motives, political, and, otherwise,  that the government has for helping 
certain recipients, especially Israel. Ultimately, a lack of morals will 
overtake charity, no matter the dollar amount. As Jews, money, and, democracy 
can't be more important than our mission, can it? If so, what or who are we 
really worshipping, an eggel ha'zohov? Modesty, and, humility, R. Harry, not 
some trip on freedom and democracy!
As far as the Hollywood types you've mentioned, they haven't done such a 
great job holding the fort down on Jewish morals, and, ethics. I believe the 
Israeli producer you've alluded to rivals only the National Enquirer (excuse 
the nivul peh), with scandalous behavior. Hollywood is no longer capable of 
producing moralistic messages. While it's not the source of gratuitous 
violence, and, immorality,  it' is a  hechsher for both. Which is worse? The 
intrusiveness, and, the moral weaknesses of society combine to create a very 
formidable yetzer horah for children and adults. You're surely, not bragging 
about that alien culture when you glowingly speak of Hollywood Jews, are you?
You also haven't spoken of the abuses of money. While I agree with your point 
of the proliferation of Yeshivot and Kollellim, there is a down side, isn't 
there? These institutions will be hard pressed to fill their Botei Medrashim 
with anyone, if the current communal problems aren't seriously addressed, 
instead of holding one day seminars to "talk about it." This wonderful 
democratic society is so mesmerizing that it has affected our youth in a very 
serious way. R. Harry, we ALL want to fit in with the grandiose, free 
society, but, if we continue to jump into very deep waters, (melting pot) 
without having strong leadership to throw out the life jackets, which we 
don't currently have, there won't be a religious community left to spend all 
the glorious money, in our too free democratic society.
I never wrote that the politicians listed were Anti-Semites, but, rather 
weren't particularly friendly to us. The very liberal, Senator Eugene 
McCarthy was not on my list, wasn't considered to be particularly pro-Israel, 
but, wasn't in the same league as the others mentioned either. We shouldn't 
be apologists for nasty, elected officials who make obnoxious, public 
utterances. These are elected officials of the GREATEST DEMOCRATIC SHOW ON 
EARTH, right? I can call Nixon ignorant, and, a fool, but, he still knew that 
his very unflattering remarks were being recorded. Eisenhower, and, Dulles, 
both made some very unkind statements, that could be interpreted as a threat. 
Mr. Bush questioned our patriotism, when we continually "annoyed" him about 
loans to Israel he reneged on. Are you going to excuse every act of 
unkindness, reduce every serious problem to minuscule proportions, bury your 
head in the sand, and, ignore realities, while the have-nots continue to lose 
ground? YOU'VE been fortunate, but, do you truly have your ear to the ground, 
are you seeing the realities or dancing in front of smoke and mirrors?

All The Best,
Barry Schwarz


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Date: Sat, 11 Mar 2000 21:55:30 EST
From: Yzkd@aol.com
Subject:
Re: Machatzit Hasheqel


In a message dated 3/10/00 4:33:57 PM Eastern Standard Time, targum1@juno.com 
writes:

> Since the source for giving machatzit hasheqel is post-Talmudic (the Ramo
>  cites the Mordechai; the Mechaber doesn't even mention it), how could
>  there possibly be a brocho? Certainly it is not comparable to the arba
>  minim on the last six days, which is a takana of Rabbi Yochanan ben
>  Zakai.
>  
Good Point! w/o getting into the issue of all the Brochos that are not 
mentioned in the Gemara.

Kol Tuv

Yitzchok Zirkind


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Date: Sat, 11 Mar 2000 21:55:29 EST
From: Yzkd@aol.com
Subject:
Re: Machtzis HaShekel


In a message dated 3/11/00 4:47:56 PM Eastern Standard Time, 
sherer@actcom.co.il writes:

> A couple of years ago I heard a shiur from R. Yitzchak Mordechai 
>  Rubin shlita, which IIRC concluded that because there is a safek 
>  as to whether the mitzva today is three halves of the local currency 
>  or the value of three half shekels of silver, one should be mehader 
>  to do both. I assume that the coin under discussion is worth the 
>  proper amount for the second shita.
>  
Thanks, after looking in Kaf Hachayim O"C 694:20,23, I correct myself that 
one WOULD be Mkayeim Bhidur, with this coin that one can purchase the value 
(weight) of 1/2 Shekel, (however AFAIK this coin is not considered an 
official coin, so to someone that as RCS posted gives both,
\ this may not be enough).

BTW The Kaf Hachayim has a whole Nusach to be said before giving it.

I want to further ammend my earlier posting that while there is benefit of 
giving silver coin Zecher to Mikdash, all american 1/2 dollars have siver in 
them, (OTOH a pure coin is more like the Mikdash hence there may be room to 
search for them).

Kol Tuv

Yitzchok Zirkind


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Date: Sat, 11 Mar 2000 22:08:55 EST
From: DFinchPC@aol.com
Subject:
Re: Avodah V4 #427


In a message dated 3/11/00 8:39:08 PM US Central Standard Time, 
UncBarryum@aol.com writes:

<< Democracy and freedom are a vehicle 
 which should be used only to fulfill our mission as Jews, not an end.  >>

I disagree. Democracy and freedom are ends in themselves, for all of us and 
Derech Eretz. Being Jewish is neither an end or a beginning. Judaism has no 
"mission," either. It has mitzvot, the performance of which is hardly 
inhibited by living in a land that celebrates religious freedom.

David Finch


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Date: Sat, 11 Mar 2000 21:46:56 -0600
From: "Yosef Gavriel and Shoshanah M. Bechhofer" <sbechhof@casbah.acns.nwu.edu>
Subject:
Re: Yissachor-Zevulun Learning Arrangement


At first the IB bothered me as a seeming contradiction to the Nefesh
HaChaim's perspective in Sha'ar !, that seems to accept all sachar as seguli
and none as gemuli. But further thought led me to reconsider, that as by
definition all sachar for non-Jews seems to be b'hechrech gemuli, so there
should be some residual similar component by Jews as well.

Yosef Gavriel Bechhofer
http://www.aishdas.org/baistefila    ygb@aishdas.org

----- Original Message -----
From: Edward Weidberg <eweidberg@tor.stikeman.com>
To: <avodah@aishdas.org>
Sent: Friday, March 10, 2000 10:17 AM
Subject: Yissachor-Zevulun Learning Arrangement


> The Imrei Bina says that are two types of schar mitzvah-- schar
> "segulee" which is the spiritual improvement in the person caused by
> doing the mitzvah, which is impossible to give away; as opposed to schar
> "gemulee" which is Hashem's gift in "payment" for doing the mitzah.
> It's only the latter type of schar in Yissachor's Torah learning that
> can be given over to Zevulun.
>
> It's worthwhile to see both the Tzitz Eliezer and the Imrei Bina
> inside, for those who are interested in the topic.
>


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Date: Sat, 11 Mar 2000 23:29:04 -0500
From: sambo@charm.net
Subject:
Re: Machatzit haSheqel


richard_wolpoe@ibi.com wrote:


> 
> As an aside weren't 5 shekolim coins minted for Pidyon habein?
> 

	

http://israelvisit.co.il/beged-ivri/


---sam


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Date: Sun, 12 Mar 2000 07:07:15 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Dat U'Medina


On 11 Mar 00, at 23:28, Carl and Adina Sherer wrote:

> On 10 Mar 00, at 12:45, Micha Berger wrote:
> 
> > Carl Sherer <cmsherer@ssgslaw.co.il> wrote:
> > : The last time I learned the first Mishna in Peah it said "Talmud
> > : Torah k'neged kulam," and not all the others. The others are
> > : b'geder "ochel peiroseihem ba'olam hazeh v'hakeren kayemes lo
> > : le'olam haba."
> > 
> > What is the "kulam" -- the other 612 mitzvos, or other mitzvos listed in
> > the mishnah "sheha'adam ocheil peiroseihem..."?
> > 
> > If the former, then it must be guzma. The same attribute is said of Torah,
> > Tzitzis and Yishuv Eretz Yisrael. They all can't be literally greater than
> > each other. Besides, Avos tells me to treat kalos and chamuros equally
> > because I am unable to do such comparisons.
> 
> The Meforshim of the Mishna, based on the Rambam, all seem to 
> say (with the exception of the Yachin who goes off in a different 
> direction) that what it means is that Talmud Torah brings us l'ydei 
> maaseh, and that therefore it is k'neged kulam. I understand that 
> as meaning that without Talmud Torah the others would not exist. I 
> think that the explanation for Tztzis, Yishuv HaAretz and other 
> mitzvos which are "k'neged kulam" would have to be different.

I was rethinking this one this morning, and I think you can explain 
the others along the same lines as Talmud Torah. By looking at 
tzitzis you think about the 613 mitzvos hinted in the threads and 
that brings you l'ydei ma'aseh. If you fulfill yishuv ha'aretz then your 
mitzvos are real (and not for "practice") and thus yishuv ha'aretz 
brings you l'ydei ma'aseh. So "kneged kulam" refers not 
necessarily to the quantity of the schar for the mitzva itself, but to 
their own schar plus a role in the schar of all other mitzvos.

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sun, 12 Mar 2000 07:07:16 +0200
From: "Carl and Adina Sherer" <sherer@actcom.co.il>
Subject:
Re: Avodah V4 #417


On 11 Mar 00, at 19:22, DFinchPC@aol.com wrote:

Clinton's problems 
> with Barak's predecessor were not entirely political, however. Netanyahu's 
> unpopularity with Americans had much to do with his personal reputation, at 
> which one may not even hint without getting knee deep with lashon hara. Let's 
> just say his saying it didn't make it so.

And Clinton's does? I must have missed something. How do you 
explain the word "it" or "the"? And that variety of x isn't x? You 
MUST be joking....

> I doubt that the soldiers who served under Barak would look into his eyes and 
> call him a "marionette" to his face, at least when badges of rank are 
> removed. 

Actually, there is a guy who lives around the corner from me, who 
davens in my minyan, who served under Barak in the army. When 
Barak proposed his "universal" draft, the guy told me one day after 
minyan that Barak was being manipulated and that Barak couldn't 
possibly believe in that. Would he say it to his face? Without 
badges? I'll bet he would.

By the way, Clinton couldn't install anybody as prime 
> minister of Israel. 

Have you read the reports of financing the last Israeli election? 
Have you read the way Israeli public opinion was manipulated (and 
yes, some of it is unfortunately manipulable, and since we are 
nearly evenly divided on almost everything here you don't have to 
manipulate a whole lot)? Funny, isn't it, how some of the biggest 
contributors to Barak's campaign were people who are heavy 
contributors to the Democratic party. I guess it never occurred to 
most of you that when you buy Slim Fast foods, you are actually 
supporting the Israeli left (and Slick Willie). Read the article in this 
past Friday's Post and you can see how. Go to: 

http://www.jpost.com/Editions/2000/03/10/Features/Features.3831.
html

-- Carl


Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer
mailto:sherer@actcom.co.il


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Date: Sun, 12 Mar 2000 10:30:25 +0200 (IST)
From: Eli Turkel <turkel@math.tau.ac.il>
Subject:
birchat hagomel


> 
> Yalkut Yosef Vol 3, Siman Resh-Yud-Tet, #20:
> 
> 
> One who travels in an airplane from city to city, and the duration of
> the flight is 72 minutes or longer, says the berachah, even if the
> ground is below him. A flight less than 72 minutes, do not say it.And
> this also applies to one who travels in a speeding car, that the trip is
> less than 72 minutes, even if it would take that long in a bus. A round
> trip flight, where the total flying time is 72 min or more, say the
> berachah.
> 
Does that mean that birkhat hagomel depends on traffic conditions either
on the ground or in the air.
It would seem strange to me that the identical flight would sometimes
require a beracha depending on whether the pilot had to circle or not.

Eli Turkel


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Date: Sun, 12 Mar 2000 10:46:33 +0200 (IST)
From: Eli Turkel <turkel@math.tau.ac.il>
Subject:
wife beating


There was an article in the Jerusalem Post by Naomi Regan about wife-beating.
Ignoring her diatribe it brings some interetsing strictly halakhic issues.

1. Rambam (Ishut 21:10) says that if a wife does not do  her work it is permissible
to hit her (shot). The Raavad on the spot says he never heard of such a thing.
Maggid Mishneh brings Rashba and Ramban that agree with Rambam
(aside it gives the impression of an Ashkenazi-Sefard split but I haven't
analyzed that further).

I have trouble understanding the Rambam (Rashba & Ramban).
On what grounds can anyone hit someone else because they are not fulfilling their
obligations. Can a lender hit a borrower who has not paid back his money?
It would seem to me that if the husband has complaints he goes to a bet din and
not takes the law into his own hands.
Of course here it is worse because if the woman has just cause he can beat her for
a while until she manages to get to a bet din.

2. Chatam Sofer (sorry - don't have the exact reference) states that a husband
beating a wife is not grounds for divorce because it is better for two to live
together rather than alone.

Again, without seeing this inside, if a woman requests a get how does the bet din
decide against her express desire that living together is better?

Eli Turkel


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Date: Sun, 12 Mar 2000 11:46:47 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Role of Democracy and Freedom (was Re: Avodah V4 #427)


On 11 Mar 00, at 22:08, DFinchPC@aol.com wrote:

> In a message dated 3/11/00 8:39:08 PM US Central Standard Time, 
> UncBarryum@aol.com writes:
> 
> << Democracy and freedom are a vehicle 
>  which should be used only to fulfill our mission as Jews, not an end.  >>
> 
> I disagree. Democracy and freedom are ends in themselves, 

What makes them ends? I only see them as a means to 
something else, and I think the original poster captured quite well 
what they ought to be used for by Jews. 

for all of us and 
> Derech Eretz. 

I'm not sure what democracy and freedom have to do with Derech 
Eretz in your prescription. I assume you are referring to the 
Herschian definition of Derech Eretz, which would only make sense 
if democracy and freedom are a facilitator of Derech Eretz.

Being Jewish is neither an end or a beginning. Judaism has no 
> "mission," either. 

It doesn't? AFAIK Judaism's mission - OUR mission - is to serve 
Hashem to the best of our ability in this world. Isn't that a mission? 
Isn't that what being Jewish is all about? 

> It has mitzvot, 

which are the means for serving Hashem,

the performance of which is hardly 
> inhibited by living in a land that celebrates religious freedom.

My previous posts on the "sanctity" of freedom of religion in the US 
are hereby incorporated herein by reference.

(That's legalese for saying that I am not going to repeat myself :-) 

-- Carl


Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

Please daven and learn for a Refuah Shleima for my son,
Baruch Yosef ben Adina Batya among the sick of Israel.
Thank you very much.


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