Avodah Mailing List

Volume 41: Number 39

Mon, 22 May 2023

• 1. Re: Pesak Paradox (Zvi Lampel)
• 2. Pareve Predilections (Prof. L. Levine)
• 3. Dissuading a potential ger (Akiva Miller)
• 4. Barukh Dayan haEmes - R Seth Mandel zt"l (Micha Berger)

>
> From: Micha Berger
>
> Ediyos 1:5-6 is interestingly self-referential.
>
> Mishnah 5 opens:
>     And why do they record the opinion of a single person among the many,
>     when the halakhah must be according to the opinion of the many? So
>     that if a court prefers the opinion of the single person it may
>     depend on him. ...
>
> And mishnah 6:
>     Rabbi Yehudah said: "If so, why do they record the opinion of a
>     single person among the many to set it aside? So that if a man shall
>     say, 'Thus have I received the tradition', it may be said to him,
>     'According to Ploni's [refuted] opinion did you hear it.'"
>
> So, the rabbim say that the purpose of recording shitas hayachid is so
> that someday a beis din can hold like it.
>
> Whereas the yachid says that the purpose is so that we know that the
> earlier ruling was based on explicitly rejecting that opinion -- so that
> a beis din won't hold like it.
>
> So, R Yehudah would say we should make a point of not holding like R
> Yehudah, but the Chakhamim would be fine if a court would choose to
> do so?!


According to Rambam's understanding, which he explains in his fascinating
Letter to Rav Pinchas HaDayan, the two mishnas are speaking of different
cases, the key phrase in the second mishna being ''to set it aside.''

Both mishnas are speaking of situations in which both sides of the
machlokes have a significant number of followers. The first mishna is
speaking of where the Reebi Yehudah HaNasi held that the halacha was not
yet officially resolved by vote, despite the fact that one side currently
enjoyed the majority opinion (and he himself did not lean towards either
side.) There, 'we," Rebbi Yehuda HaNasi  [and his Bes Din?], "[still]
mention the minority opinion, because the majority of Bes Din may
ultimately be persuaded by the minority's arguments.

Rebbi Yehudah (ben Elai) adds: What about mishnas whose (halachos WERE put
to vote, and the) minority opinion was mentioned only to be nullified, "to
be put aside [[levatlan]]?  So that if a man shall say, 'Thus have I
received the tradition', it may be said to him, 'According to Ploni's
[refuted] opinion did you hear it.' " (Again, we are speaking of cases
where a significant number of [people had been following the minority
opinion.)

Zvi Lampel
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From  https://dinonline.org/2023/05/19/pareve-predilections/


How important is having pareve dishes and utensils? Does using pareve
dishes make learning the halachos unnecessary? Can a pareve food cooked in
a meaty receptacle be eaten with milk? What are the differences between
Sephardic and Ashkenazi customs? Does intention matter here? Is there a
difference between cooking and baking? Two separate sinks seem de rigueur
for a kosher home. Why? Is it permitted to eat food produced in a kitchen
with only one sink? Of this, and more in the coming article.

Please see the above URL for much more.

Professor Yitzchok Levine
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In Megilas Rus 1:14, Naami successfully dissuaded Orpah from converting,
and in 1:15 she gives Ruth one last attempt: "Look, your sister-in-law has
returned to her people and to her gods; go follow your sister-in-law."

How is this not a violation of Lifnei Iver?

One might argue that Naami's initial advice ("Go back to your mother's
house" in 1:8) was accompanied (implicitly or explicitly) by "but be
careful about Sheva Mitzvos Bnei Noach", thereby avoiding any violation of
Lifnei Iver. I personally would not argue that point, because in that
society, Avodah Zara was so rampant that sending them home was
virtually condemning them to Avodah Zara anyways. But I concede that 1:8 is
arguable, and that is why I am focusing on 1:15, in which Naami knows that
Orpah *has* already returned to her *gods*, and encourages Ruth to do the
same. How is this not a violation of Lifnei Iver?

Akiva Miller
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The levayah is at Riverside Cemetary, Saddlebrook NJ, 1pm EDT today (May 22).
I.e. in 2-1/2 hours.

More details as they reach me.

I am simply devestated. The end of a 44 year rebbe-chaver relationship.

-Micha

PS: Two weeks ago the notice on Areivim was about his son's petirah.


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