Volume 32: Number 97
Fri, 20 Jun 2014
Subjects Discussed In This Issue:
Message: 1
From: Eli Turkel
Date: Thu, 19 Jun 2014 20:50:06 +0300
Subject: [Avodah] Why didn?t R? Elyashiv publish
: ... R Moshe felt he had the [acharahyus] -- America was a new world. It
: was a new era -- times had changed. Besides the fact that the [she'eilos]
: were different. The question was what was appropriate for the Klal. R
: Moshe shaped [halakhah] for the new world. R Elyashiv decided he wasnt
: the person for it.
First when RYSE was a memebr of the high rabbinical court he published many
piskei dinim as part of his job as a dayan. I think these are the majority
of what appears in the 3 volumes of his piskei halacha.
Besides that there is a scattering of written teshuvot on certain issues.
On more "common" area like tefillah etc. my guess is that he didnt want to
"waste his time" writing down detailed teshuvot. In general he spent only a
very short time answering questions.
In the shiur of Rav Zilberstein, his son-in-law, he frequently discusses
his opinion. He then went up to Jerusalem (his wirds) to ask Rav Elyashiv
who frequently disagreed. The disagreememnt would be expressed in a few
words and the rest of the shiur would be Rav Zilberstein's attempt to
justify what his father-in-law paskened, ie Rav Elyashiv assumed that the
listener would understand and didnt waste more than 2 minutes on the
answer. Remember we are talking about difficult questions that Rav
Zilberstein did not feel comfortable answering on his own.
Rav Zilberstein also said several times that he would come with a package
of questions. After 1/2 an hour the gabbai would come and kick Rav
Zilberstein out even though only half the questions would be answered.
Given this rigorous schedule of learning he didnt want to spend unnecessary
time writing answers unless he felt that it was necessary.
While above RMF was quoted also note that CI did spend time writing his
opinions.
--
Eli Turkel
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Message: 2
From: Esther and Aryeh Frimer
Date: Thu, 19 Jun 2014 21:09:32 +0300
Subject: [Avodah] Wetting and Rolling Rice paper on Shabbat
Has anyone heard of a psak regarding wetting and using Rice paper Sheets on
Shabbat for wraps?
--------------------------------
Prof Aryeh A. Frimer
Chemistry Dept., Bar-Ilan University
Ramat Gan 5290002, ISRAEL
E-mail (office): Aryeh.Fri...@biu.ac.il
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Message: 3
From: Kenneth Miller
Date: Thu, 19 Jun 2014 22:08:53 GMT
Subject: Re: [Avodah] Do the Ends Ever Justify the Means?
R' Zev Sero wrote:
> Also note that those who accept Toldos Yeshu either as history, or
> at least as morally sanctioned could-have-been-history, and who (at
> least in principle) fast on 9 Teves for Peter/Paul's yortzeit, even
> AZ can be justified by a sufficiently important end.
I have absolutely no idea what you're referring to. Was there once a group of Jews, or of ex-Jews, or of ostensibly-Jewish people, who held such a fast?
R' Micha Berger wrote:
> To my mind the distinction is significant, since pretending to be
> an oveid AZ is not yeihareig ve'al yaavor.
I had long thought that pretending to be an oveid Avodah Zara *IS* yehareg
v'al yaavor. I cannot quote any sources, but I recall it often being used
as an explanation of why is it mutar to pretend to convert to Islam
(because it is not AZ), but assur to pretend to convert to Christianity
(because it *is* AZ). Am I mistaken?
Akiva Miller
____________________________________________________________
The End of the "Made-In-China" Era
The impossible (but real) technology that could make you impossibly rich.
http://thirdpartyoffers.juno.com/TGL3131/53a35f9ac9dd35f9a274cst03vuc
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Message: 4
From: Prof. Levine
Date: Thu, 19 Jun 2014 17:44:59 -0400
Subject: [Avodah] The Kidnapped Teens - Who is Guilty?
From http://tinyurl.com/njz3unu
In the wake of our great pain over the kidnapping of the three
innocent teens, a desire has arisen within the Nation to understand
why this had happened. The desire to understand is good and upright,
but - at the same time - we need the humility and intellect to
realize that we do not know everything.
Some claim that this has happened because the government wants to
draft Yeshiva students. Others claim that it is on account of
anti-religious legislation. But what we should say is: We do not know.
See the above URL for more.
----------
Truth be told one should say "We do not know." about most things
that happen to us and others. I always find it bizarre that some
seem to think that they understand Ha Shem's motivations, who will
get Olam Habah, etc. YL
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Message: 5
From: Micha Berger
Date: Thu, 19 Jun 2014 20:15:36 -0400
Subject: Re: [Avodah] The Kidnapped Teens - Who is Guilty?
From R RY Eisenman, today's "Short Vort" email to shul membership.
Tir'u baTov!
-Micha
Subject: The Short Vort- "The Test*
Date: Thu, 19 Jun 2014 09:22:33 -0400
From: "R. Y. Eisenman" <ra...@ahavasisrael.org>
The Short Vort
Good Morning!
Today is Thursday the 21st of Sivan 5774 and June 19, 2014
The Test
The wisest of all men observed:
There is a time for everything,
And a season for every activity under the heavens:
A time to be born and a time to die,
A time to plant and a time to uproot,
A time to kill and a time to heal,
A time to tear down and a time to build,
A time to weep and a time to laugh,
A time to mourn and a time to dance,
A time to scatter stones and a time to gather them,
A time to embrace and a time to refrain from embracing,
A time to search and a time to give up,
A time to keep and a time to throw away,
A time to tear and a time to mend,
A time to be silent and a time to speak,
A time to love and a time to hate,
A time for war and a time for peace
Koheles 3: 1-8)
Everyone agrees to the notion that 'timing is everything'.
When you want to call someone for a favor, the best time to call is not
right before Shabbos when his house is hectic and everyone is running
around getting things ready for Shabbos.
Motzei Shabbos, when a person is generally well rested and at peace is
a much better time.
The Gemara in Brochus 7a informs us that, "You should not attempt to
appease a person when he is still in the midst of his anger".
Amazingly so, this is learned from Hashem Himself!
Hashem informs Moshe to "first allow Me to calm down and then you can
appease me!"
Recently I have begun to hear the 'machlokes mongers' (those who seem to
thrive on 'stirring the pot' of conflict) 'claim' that they know 'who'
is the true guilty party of the underlying spiritual cause as to why
the boys were kidnapped.
I have heard murmurings that there abduction was the result of this
group's actions or that group's decrees or beliefs.
The test for us is to avoid at all costs the temptation to not only
not become a 'machlokes monger' ourselves; rather, we must avoid even
indulging these contentious and destructive groups by allowing ourselves
to answer them or even acknowledge their opinions.
They can only continue in their contentiousness if their position is
granted some sort of legitimacy which is accorded them when we respond
to their preposterous claims.
Now is not the time to break ranks and allow ourselves to fall into the
abysmal pit of divisiveness and disunity and discord.
The entire Jewish people are united in their prayers and in their total
commitment to 'bring our boys home'.
Chinks in our armor will appear as there are those marginal groups
who will blame these Jews or that group for the abduction. However,
so far we have seen the wonderful unified response of togetherness and
of single-mindedness with regard to the realization that now is not the
time to point fingers.
Now is the time for prayer and for togetherness.
Now is the time to remain united in purpose and in prayer.
Now is the time to be nice and friendly to all.
Now is not the time for schisms; now is the time for unity and love.
And now is not the time to even respond to those marginal groups who
are attempting to break our unity.
If we are truly unified in feeling lacking and bereft of a loved one,
then just maybe Hashem in response to our unified feeling of loss will
unify us by having us merit to be unified with our three missing boys.
May it come speedily and today!
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Message: 6
From: Micha Berger
Date: Thu, 19 Jun 2014 20:20:58 -0400
Subject: Re: [Avodah] The Kidnapped Teens - Who is Guilty?
This kind of stuff bothers me primarily when it's someone else's nefesh
that the cheshbon is done on.
And seen on Facebook:
After the shooting at Yeshivat Merkaz Harav (2008), which killed
eight students one of the ... rabbis said that the attack occurred
because of Zionism and Israel. When Rabbi Yehuda Amital zt"l heard
this, he cried out: "How does a person say such a thing after the
Holocaust?. Do not have an answer for millions, then you have the
courage and audacity to explain why this happened?. ".
Rabbi Amital said the young men asked him how can you explain the
violent attacks (spiritually), and he told them that you can not
explain it. "I told them that they will take what role religious
or an act of kindness will last, but I have no answer, and who says
that he has an answer, it's a lie. Suddenly there are those who know
opinions up above and know what is happening in the sky."
One thing that struck ... Rabbi Amital's view, was the
fact that rabbis spoke with certainty about the will of
God. "It makes expectations, and they did not fill, so there
disappointments. Following the sages and prophets we try to
understand but we have no certainty. Hashem runs the world not by
our understanding we. Divine leadership has and we can not say we
understand it. If people know that not everything we see and we just
try to understand, we would not have the same serious problems.
But RYA's complaint is only if the rabbi is taken to literally mean
"because" rather than "this is a reminder to work on". And this kind of
language is in chazal, post-Crusade rishonim, etc...
Tir'u baTov!
-Micha
--
Micha Berger In the days of our sages, man didn't sin unless
mi...@aishdas.org he was overcome with a spirit of foolishness.
http://www.aishdas.org Today, we don't do a mitzvah unless we receive
Fax: (270) 514-1507 a spirit of purity. - Rav Yisrael Salanter
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Message: 7
From: Micha Berger
Date: Thu, 19 Jun 2014 20:20:58 -0400
Subject: Re: [Avodah] The Kidnapped Teens - Who is Guilty?
This kind of stuff bothers me primarily when it's someone else's nefesh
that the cheshbon is done on.
And seen on Facebook:
After the shooting at Yeshivat Merkaz Harav (2008), which killed
eight students one of the ... rabbis said that the attack occurred
because of Zionism and Israel. When Rabbi Yehuda Amital zt"l heard
this, he cried out: "How does a person say such a thing after the
Holocaust?. Do not have an answer for millions, then you have the
courage and audacity to explain why this happened?. ".
Rabbi Amital said the young men asked him how can you explain the
violent attacks (spiritually), and he told them that you can not
explain it. "I told them that they will take what role religious
or an act of kindness will last, but I have no answer, and who says
that he has an answer, it's a lie. Suddenly there are those who know
opinions up above and know what is happening in the sky."
One thing that struck ... Rabbi Amital's view, was the
fact that rabbis spoke with certainty about the will of
God. "It makes expectations, and they did not fill, so there
disappointments. Following the sages and prophets we try to
understand but we have no certainty. Hashem runs the world not by
our understanding we. Divine leadership has and we can not say we
understand it. If people know that not everything we see and we just
try to understand, we would not have the same serious problems.
But RYA's complaint is only if the rabbi is taken to literally mean
"because" rather than "this is a reminder to work on". And this kind of
language is in chazal, post-Crusade rishonim, etc...
Tir'u baTov!
-Micha
--
Micha Berger In the days of our sages, man didn't sin unless
mi...@aishdas.org he was overcome with a spirit of foolishness.
http://www.aishdas.org Today, we don't do a mitzvah unless we receive
Fax: (270) 514-1507 a spirit of purity. - Rav Yisrael Salanter
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Message: 8
From: Micha Berger
Date: Thu, 19 Jun 2014 22:13:33 -0400
Subject: Re: [Avodah] The Kidnapped Teens - Who is Guilty?
And from Cross-Currents
http://www.cross-currents.com/archives/2014/
06/19/a-beautiful-response-to-some-odious-suggestions/
Cross-Currents >> A Beautiful Response To Some Odious Suggestions By
Yitzchok Adlerstein, on June 19th, 2014
In the pain we all share in the uncertainty over the Shvuyei Tzion,
some have been moved to publish suggestions that are silly, obnoxious,
and reprehensible. Unless, of course, they were made by genuine
prophets. But we remember what the gemara says about the incidence
of prophecy in modern times...
The following by Rav Shlom Aviner, Rosh Yeshiva of Ateret Yerushalayim,
struck me as particularly well-thought out and expressed:
In the wake of our great pain over the kidnapping of the three
innocent teens, a desire has arisen within the Nation to understand
why this had happened. The desire to understand is good and upright,
but - at the same time - we need the humility and intellect to
realize that we do not know everything.
Some claim that this has happened because the government wants
to draft Yeshiva students. Others claim that it is on account
of anti-religious legislation. But what we should say is: We do
not know.
We must be very careful, since it is quite possible that in assigning
guilt one violates the prohibition of "Ona'at Devarim" (distressing
others). As the Gemara in Baba Metzia (58b) says, one may not speak
to one who is suffering affliction or illness, or whose children
have died, the way Iyov's friends spoke to him: "Surely your fear
was your foolishness, your hope and the sincerity of your ways"
(Iyov 4:6). And we can add that the Rishonim on this Gemara write
that the problem is not only causing distress to another person
but also arrogance in thinking that we can know the ways of Hashem.
It is correct that we must repent over any distress which befalls us,
as the Rambam writes at the beginning of Hilchot Ta'anit. But what
does this mean? That each person should be awakened to repent for
his sins, and each community should be awakened to repent for its
sins - not that one person should search for the transgressions of
another and blame him. As is known, the wording of the Vidui is:
We have sinned, we have betrayed, we have stolen, and not: you
have sinned, you have betrayed, you have stolen or: he has sinned,
he has betrayed, he has stolen.
When we are in distress, Hashem is speaking to us, but in order to
understand what He is saying we need prophecy or, at the very least,
Ruach Ha-Kodesh (as in the case of the Arizal).
This reminds me of the reciprocal blame that occurred following
the horrors of the Holocaust: Some said it happened on account of
Zionism, others said it was because there was not Zionism. And still
others blamed it on the Enlightenment. Each group's explanation
came from its own biased outlook, with no regard for the idea: "For
My thoughts are not your thoughts and My ways are not your ways"
(Yeshayahu 55:8).
At the same time, we must not be naive and think that the Arabs have
reached the level of being filled with the knowledge of Hashem.
Among them are many murderers, dregs of humanity. We must not
forget that there are 350 million Arab enemies surrounding us,
who are supported by a billion Muslims, another billion Christians,
and another a few million Arabs in our Land. In such a situation,
it is impossible - to our great distress - to be 100% protected. But
we must remember that according to a report of the WHO, World Health
Organization, 8 out of 100,000 Israeli citizens are murdered each
year. That's compared with 15 out of 100,000 citizens of France,
and 25 out of 100,000 Americans. We must thank Hashem, and his
loyal agents - Tzahal, the police, the Mossad, the Shabak and the
rest of the security establishment - day and night for the peace
and quiet we merit in our Land. Kol Ha-Kavod to Tzahal!
And from here to another spiritual question: Can individuals with
Ruach Ha-Kodesh reveal where the kidnapped teens are being held? If
so, they have not revealed it to us thus far. Although one Rabbi used
the "Goral Ha-Gra" (the "lottery of the Vilna Gaon", which involves
using a particular format of the Chumash and flipping the pages
back and forth until eventually a particular verse is chosen, which
provides answers to questions), it is known that the Goral Ha-Gra
is not magic. The book "Ha-Gaon Ha-Chasid Mi-Vilna" of Rav Bezalel
Landua and also "Ha-Gaon" Rav Dov Eliach stated that not every Rabbi
can receive an answer by using the Goral Ha-Gra. Also in our time,
when a Jew approached Ha-Rav Chaim Kanievski and suggested that
he use the Goral Ha-Gra, Ha-Rav Kanievski said: In order to do so
one needs Ruach Ha-Kodesh, go the Rosh Yeshiva". And when he turned
to Ha-Rav Aharon Yehudah Leib Steinman, he responded: Do I possess
Ruach Ha-Kodesh?! And he added: "And if so why are there Agunot? We
could use the Goral Ha-Gra to find the missing husbands...".
In sum: We need to increase prayer, we need to increase repentance
i.e. each for his own transgressions and not attacking others,
we need to increase Tzedakah and chesed, and we need to increase
strength and courage, especially in Tzahal and the police, as Hashem
said three times to Yehoshua Bin Nun: Be strong and courageous,
be strong and courageous, be strong and courageous (Yeshoshua,
Chapter 1).
Hat tips to Rabbi Shmuel Jablon and Prof. Moshe Shoshan
AK"L
-micha
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Message: 9
From: Zev Sero
Date: Thu, 19 Jun 2014 22:37:20 -0400
Subject: Re: [Avodah] Do the Ends Ever Justify the Means?
R' Micha Berger wrote:
> To my mind the distinction is significant, since pretending to be
> an oveid AZ is not yeihareig ve'al yaavor.
What do you mean by pretending to serve AZ? Either you are serving it or you
aren't. You can pretend to *believe* in it, but how is that relevant? The
issur is serving it, whether or not you believe in it, and it is yehareg
ve'al ya'avor. And yet Peter/Paul, according to Toldos Yeshu, which most Jews
over the past 1000 years, including rishonim and achronim, seem to have taken
for (you should pardon the expression) gospel, was allowed to do it.
On 19/06/2014 6:08 PM, Kenneth Miller via Avodah wrote:
> R' Zev Sero wrote:
>
>> >Also note that those who accept Toldos Yeshu either as history, or
>> >at least as morally sanctioned could-have-been-history, and who (at
>> >least in principle) fast on 9 Teves for Peter/Paul's yortzeit, even
>> >AZ can be justified by a sufficiently important end.
> I have absolutely no idea what you're referring to. Was there once a
> group of Jews, or of ex-Jews, or of ostensibly-Jewish people, who
> held such a fast?
The fast is in Shulchan Aruch. The BeHaG and all subsequent poskim say we
don't know the reason for it, but according to R Shnayer Leiman the real
reason is in Toldos Yeshu. It's supposedly the yortzeit of the hero of that
book (who is an amalgam of Peter and Paul).
http://leimanlibrary.com/texts_o
f_publications/36.%20The%20Scroll%20of%20Fasts%20The%20Ninth%20of%20Tebeth.
pdf
--
Zev Sero Sufficiently advanced incompetence is indistinguishable
z...@sero.name from malice.
- Eric Raymond
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Message: 10
From: Ben Waxman
Date: Fri, 20 Jun 2014 09:28:36 +0200
Subject: Re: [Avodah] The Kidnapped Teens - Who is Guilty?
http://bit.ly/1qhC3kd
Rav Sherlo and Rav Bloi discussed the issue on the radio. You can hear
the discussion on this page (Hebrew). They managed to keep the
discussion fairly Torah oriented.
Ben
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Message: 11
From: Lisa Liel
Date: Fri, 20 Jun 2014 09:04:38 -0500
Subject: Re: [Avodah] Do the Ends Ever Justify the Means?
On 6/19/2014 9:37 PM, Zev Sero via Avodah wrote:
>
> The fast is in Shulchan Aruch. The BeHaG and all subsequent poskim
> say we
> don't know the reason for it, but according to R Shnayer Leiman the real
> reason is in Toldos Yeshu. It's supposedly the yortzeit of the hero
> of that
> book (who is an amalgam of Peter and Paul).
Or Peter and Paul were fictional characters each based on different
parts of Shimon. Who knows?
Lisa
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Message: 12
From: Prof. Levine
Date: Fri, 20 Jun 2014 09:34:27 -0400
Subject: [Avodah] Ask the Expert: Red String Bracelet
The following is from an article that appeared in the Hamodia that I
have posted at
http://www.stevens.edu/golem/llevine/hamodia/segulos.pdf
(This is a big file, so it will take time to download.)
The Mezhbuzher Rav, Harav Avraham Yehoshua Heshel Bick, shlita:
[Segulos] are nothing more than bubbe maasos, eitzas yetzer hara that
give people a license to spend money way beyond their means and then
ask for a yeshuah. All these formulae ? saying Shir Hashirim forty
times, Tehillim HaChida, etc. ? are methods used by the yetzer hara
to take from us the little [spirituality] we have left.
Prayer, on the other hand, is not a segulah; prayer is a way of
communicating with the Ribbono shel Olam. When we use segulos to
get what we want, its as if we are stealing something from Him,
something that is not rightfully ours. It reminds me of todays Chinese
auctions at charitable events. Whereas women used to give charity
without ulterior motives, they have now replaced their mitzvos with
Chinese auctions.
Below are two links to articles about Segulos that appeared in the Yated
in the past.
Part I is at
http://www.stevens.edu/golem/llevine/yated/kishke_segula_1.html
Part II is at
http://www.stevens.edu/golem/llevine/yated/kishke_segula_2.html
Now from http://tinyurl.com/qaawley
Question: The last time I was in Israel I went to the Western Wall
and there were all these old women selling red string bracelets like
the ones Madonna used to wear.
What are they, what do they do, and should I get one?
--Rachel, Great Neck
Answer: Congratulations on surviving the experience of being harassed
by scary women in babushkas, Rachel--it's part and parcel of visiting
the Holy Land these days.
The red string bracelets these women are hawking
are part of a whole genre of folk traditions having to do with
<http://www.myjew
ishlearning.com/beliefs/Issues/Magic_and_the_Supernatural/Practices_and
_Beliefs/Amulets/Evil_Eye.shtml>
ayin hara, or the evil eye. Some people believe that tying one
of these red strings around your left wrist will ward off bad
luck. Others believe that a woman should wear the string until it
falls off naturally, at which point she will meet the person she
will end up marrying. Still others connect the string to increased
fertility, or to protection from bloodshed in war.The source of the
practice is somewhat murky. The Hasidic Rabbi known as the Be'er
Moshe, or the Debrecyzner Rav, wrote that as a child he saw pious
people wearing red strings, but he was never able to find any written
sources that explain why they would do so.
Some scholars see a reference to the practice in the
<http://www.myjewishlearning.com/texts/Rabbinics/Talmud/Mis
hnah/Tosefta.shtml>
Tosefta (Shabbat 7). Among a list of superstitious practices is an
ambiguous mention of the custom of either tying a red string or tying
a string around something red. This chapter in the Tosefta deals with
practices that are prohibited because they are darkhei Emori, which
literally means the practices of the Emorites (an ancient people), but
more broadly refers to customs associated with this idolatrous nation.
When it comes to the string tying practice one rabbi asserts that
it is among the prohibited darkhei Emori, while another rabbi says
it is not.
See the above URL for more.
----------
For the record, as far as I know Rabbi Moshe Stern was not a "Hassidic"
rabbi. From http://kevarim.com/rabbi-moshe-stern/
Rav Moshe Stern, the Debrecziner Rav, author of Beer Moshe
(1914-1997). Born in Neuhaizal, Slovakia, on Hoshana Rabah,
his father, Rav Avraham, was the Rav of Neuhaizal, a historian
and author of the sefarim, Gapei Eish on the Shas, Shulchan Eish
and Melitzei Eish. After learning with his father and grandfather,
Rav Moshe left Neuhaizal to study in Yeshivas Pressburg, headed by
the Chasam Sofers great-grandson, Rav Akiva Sofer, the Daas Sofer.
Rav Moshe married a daughter of Rav Mordechai Nissan HaKohen
Strasser, a grandson of the Chasam Sofer. After his marriage, he
moved to Debrecen, Hungarys second largest city, where Jews had been
barred from living until 1840. Debrecen had served as the capital of
Hungary twice, once in 1849, and a second time, in 1944. In Debrecen,
he was appointed a poseik and dayan. By 1941, 9,142 Jews lived in
Debrecen and comprised about 7% of its population. After the war,
about 4,640 Jews returned to Debrecen making it the largest Jewish
community in the area. Rav Moshe restructured the kehillah. Together
with the Admor of Erlau, he even founded a yeshivah in Budapest. In
about 1950, Rav Moshe was invited to be the rav of Buenos Aires,
Argentina, where he stayed for a year. Soon afterwards, Rav Moshe
moved to New York and established his Kahal Yesodei HaTorah whose
congregants were mostly immigrants from Hungary. In 1969, Rav
Moshe began publishing his sefer of responsa, Beer Moshe. Another
of Rav Moshes sefarim is his Kunterus HaElectric where he discusses
the dozens of shaylos involved with electricity, such as accepting
testimony over the phone and setting up alarms to work on Shabbos.
I believe that he was an Oberlander. This is not the same as being
a Chosid. Oberlanders were followers of the Chasam Sofer and davened
Ashkenaz. YL
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Message: 13
From: David Wacholder
Date: Fri, 20 Jun 2014 11:31:24 -0400
Subject: [Avodah] Subject: Why didn?t R? Elyashiv publish
To summarize, ROY was very similar in Derech approach to Rav Elyashiv. The
similarities are very strong. Rav Halperin Shlit"a from Machon Technologi
described ROY's thorough approach on a Time of Death law. After getting
full reports and writing a full Teshuvah, he told SHAS party to vote for
it. Suffice it to say there was no lack of depth.
Rav Berkowitz's remarks attempted to uproot attitudes very widely held at
the time. Outside of Sfardi groups, there was almost ubiquitous targeting
of ROY as the apotheosis - as the classic example of opposition to the
Yeshivahs' style of learning.
As a sort of Viduy, let me try to verbalize what was behind those
"self-evident" presumptions.
Firstly: The Yeshivah Derech extols "the text in front of you" and
speculating based on that, rather than extensive and wide use of sources.
Even Rishonim who write in Psak style are not used much.
SK Mirsky in his very well written "Mishkia Ad Zricha" proves that Meiri
was Rashba's key lieutenant in Provence, a province of Rashba's Barcelona.
Many important teshuvos - especially in Yevamos - were written to Meiri.
When the manipulators asked Rashba if they can adjudicate a Provence case
in Tzarfas where there are real Dayanim, Rashba firmly answered that nobody
in Tzarfas can claim to greater prestige. Never can you find a reversal of
Meiri in the Rashba. So why do Yeshivas consider the Meiri new fangled,
chashud and against the Yeshiva mode (good as a sublimation of ---
Artscroll Talmud; some will write on Eiruvin as if Meiri never lived,
etc.)??
[By the way, In the long winded diatribes against philosophy under the
aegis of Rashba, the unanimous Decision to forbid philosophy had one
official dissenter, - of all people the chief Rav of Provence, Meiri. Only
the Meiri said what protected the Rashba and the unity of Klal Yisrael, -
that no good would come from a Cheirem, testifying that philosophy had
never caused abandonment of the faith in Provence. ]
Rav SKM puts it well - if your Pilpul is not grounded - you are looking at
the intellectual ferment - fizz level the bubbling - you want individual
ideas, not digests with conclusions. Me'iri combines the Sugya with the
Halacha, and puts the conclusions back into the Mishna. This
historiographic approach was applied consistently. In similar fashion,
excuses were given for Mishna Brurah writing on Halacha - he was such a
Gadol Batorah in the Yeshivah sense, his iniquities were excusable, after
all who else can guide the masses? Similar apologetics were applied to Rav
Moshe Feinstein, and to Rav Elyashiv.
The Ideal Thought - of Torah - is the Absolute Truth seemingly available.
From there one derives practicalities, when necessary.
Secondly It extols the idea that Brisk/Slobodka approach of Depth, valuing
Chidush of the Yeshivishe Svara type is THE Torah. Third, it fits the
European model of rejection of the entire Rabbinical ideal, as if Rabi
Akiva Eiger considered his Svaros sacrosanct (used in a totally wrong
meaning here), and his reluctance to assume a Rabbinical post was because
he - as a real Talmid Chacham was against the entire idea in principle.
Perhaps his main issue was being dependent on the stipend or salary of
others, at least that is my current understanding. The fact that teaching
and developing RAE's students in Torah was most important to him, that
aspect is correct.
Fourth - and related - Halacha is constricting, having multiple precedents
that must be taken into account channels the thought more than Yeshivahs
wished to promote.
?Weighing the scales is not as easy. Some extraordinary exceptions exist,
so this point is less valid. In the best situations, the ideal and the
practical merge.
Rav Berkowitz was uprooting this dismissive attitude to the best of his
ability. I find myself disappointed with one English language biography of
Rav Elyashiv Ztz"l that seemed to have in several sections copied and
pasted factionalist insults. Using hyperbole, one could suspect that had
they written Rav Arye Levine's biography, seemingly they could have called
it "Ish Miflaga Hayah". As we know that is the opposite of Rav Elyashiv.
Also, when describing a transcendent lifetime of absolute integrity, the
writers cannot appear to self-promote, even where their point is valid. The
first rule of Emmes - is Shamoa Bein Acheichem - then Ush'fat'tem Tzedek.
Arguendo the writers did so, but since they did not mention it - they gave
the appearance using a Gadol as their salesman.
My impression of the Rabbanut system is that the lower Dayyanim often leave
the hard cases to the top Beis Din, presenting the alternate viewpoints and
allowing the top rung to decide. The Piskei Dinim is thus a very important
genre.
?
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