Avodah Mailing List

Volume 04 : Number 333

Thursday, February 3 2000

• Re: Cause of formulation of TIDE
• Re[2]: informing relatives of a death
• Re: Smoking Ban
• Smoking Ban
• Re: seforim
• Mendelssohn
• Re: Smoking Ban
• schools in Israel - handicapped
• Re: Smoking Ban
• Re: Mendelssohn
• Mendelssohn Again?
• Niddah and cooking
• Re: Mendelssohn Again?
• Re: schools in Israel - handicapped
• Re: Mendelssohn Again?
• Re: schools in Israel - handicapped
• re: informing relatives of a death

For a very helpful understand of what TIDE is and what it is not, I would check 
out Marc Shpairo's book on YY Weinberg.  Details to follow BEH.

Rich Wolpoe

______________________________ Reply Separator _________________________________
Subject: Cause of formulation of TIDE 
Author:  <avodah@aishdas.org> at tcpgate
Date:    2/3/2000 7:48 AM


On Tue, Jan 25, 2000 at 08:11:24AM -0800, Harry Maryles wrote:
: ... by the time (he) [RSRH] established (it) [TIDE], Haskala was the clearly
: defined enemy and he was better equipped to deal with it. If I am not mistaken
: TIDE was designed to counteract Haskala.

(RSRH- R SR Hirsch; TIDE - Torah im Derech Eretz, in Hirsch's sense of the 
expression.)

I disagree. I think the connection of Haskalah to TIDE is not that of 
action - reaction, but rather one of sharing a common cause. TIDE was a 
logical response to the new opportunities of ghetto-less life.

TIDE somewhat fits (albeit imperfectly) my understanding of Yahadus during the 
Golden Age of Spain. There too the world of DE was open to us, and many sought 
the opportunity of giving that chomer the Torah's tzurah (to paraphrase the 
S'ridei Eish). It would therefore seem that TIDE-like tendencies are a natural 
consequence of having both T and DE available.

-mi

-- 
Micha Berger (973) 916-0287          MMG"H for  2-Feb-00: Revi'i, Mishpatim 
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Pisachim 108b
For a mitzvah is a lamp, and the Torah its light.         Melachim-II 15

A wdding is HOT a show so how come we say shehakol boro lichvodo - isn't it 
lechovod the audience? <smile>

Notice below that "let the show go on" was in quotes.  This usually alludes to 
the phrase being used allegorically and not literally, and so it was intended.  
Some of us seem to take the metaphorical as literal, therfore I will do my best,
BEH to be more sensitive to the metaphorically challenged!

The analogy is very simple.  The show goes on despite hardships and the same 
goes for a chasuna.  In both cases, we do not cancel unless faced with something
more-or-less catastophic.

The reasons for not cancelling indeed may be very different - and then again it 
might be hefsed meruba in both cases. But that was not the salient point.

Rich Wolpoe



______________________________ Reply Separator _________________________________
Subject: re: informing relatives of a death 
Author:  <avodah@aishdas.org> at tcpgate
Date:    2/3/2000 8:32 AM


R' Rich Wolpoe wrote <<< The gemoro suggests that being mesameiach 
chosson kallah is greater than kovod hameis at a levayo.... Since the 
Chevra was presumably taking care of the father, therefore it makes sense 
to me for the chassuno to override the onenus/aveilus and to "let the 
show go on". >>>

A wedding is not a "show".


Akiva Miller

________________________________________________________________ 
YOU'RE PAYING TOO MUCH FOR THE INTERNET!
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R. Moshe was niftar on Adar 1986  and R. Nisson Alpert as amngst his Maspidim.  
R. Alpert was niftar the following May.  It is true that R. Alpert was afflicted
with cancer before his petiro and it is also true the R. Moshe was in ill-health
for a long time prior to his petiro.

Rich Wolpoe


______________________________ Reply Separator _________________________________


It bothered me that his petirah from lung cancer didn't motivate R' Moshe 
to revisit the issue of smoking. The loss of a talmid muvhak and ben-bayis 
must have been devistating. Had R' Moshe assured smoking back then, when 
the US pretty uniformly followed his piskei halachah, we'd have a lot fewer 
cigaret butts outside our batei medrash today.

The US lacks a halachic voice with that kind of authority today. I'm not 
sure if your proposal is doable here.

-mi

--
Micha Berger (973) 916-0287          MMG"H for  2-Feb-00: Revi'i, Mishpatim 
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Pisachim 108b
For a mitzvah is a lamp, and the Torah its light.         Melachim-II 15

I am not proposing piskei halacha and that teshuvos be
published in a set of responsa.

What I am asking is how come we have rabbis preaching,
screaming, and instigating mass hysteria and social
pressure about the dangers of the internet, while the
dangers of smoking have basically been ignored. Even
without a "gzeira," the rabonim would be able to
instill enough social pressure so that at least those
who are not addicted to tobacco will be less likely to
start smoking.  
______________________________________________
I think Rav Moshe did say that anyone who did not
smoke should 
not start to do so. But my guess is that he feared
making a gzeira 
she'ain ha'tzibur yachol la'amod bo (although if you
can manage 
not to smoke over a three day Yom Tov - and I think
most of EY's 
Charedi community has given up smoking on Yom Tov - I
don't see 
why you can't give it up altogether. But then I never
smoked so who 
am I to say?).

If I recall correctly, there is a Maadanei Yom Tov (I
think) on the 
Rosh in Beitza that comes down quite hard on smoking 
(altogether). Pretty impressive given how long ago (I
assume) he 
lived and how little was known about smoking then. It
was cited in 
the Daf Yomi shiur a few months ago - if I can find
the cite I will try

to remember to post it to the list.

__________________________________________________
Do You Yahoo!?
Talk to your friends online with Yahoo! Messenger.
http://im.yahoo.com

Does anyone know who published the sefer Bnai Banim by R' Henkin(previously 
quoted here)? I'd like to get a copy

Kol Tuv,
Joel Rich

PS For those of you in the NY area, the YU seforim sale starts sunday (talk 
about feeling like a kid in a candy store)

I am sitting at the Rav's computer and I wonder why you have not posted his
note from this past Motzoei Shabbos. I am attaching below in case it was not
received.

K.T.

Ari


   I have read with amazement the comments on this forum regarding Moses
Mendelssohn. As far as I recall, there have been very few voices of the
Torah view. Kudos to two who have written forcefully: HaRav Bechhofer and
Mori HaRav HaGaon Rav Elazar Meir Teitz. I feel compelled to be another such
voice.

   The Gemara (Sanhedrin 26a) relates that Reish Lakish sought to disqualify
Rav Chiya bar Zarnuki and Rav Shimon bar Yehotzadok from serving on a Beis
Din convened to add an extra month to the year. Reish Lakish had criticized
a number of individuals whom he had observed performing acts which,
ostensibly, were violations of restrictions of Shemittah. Rav Chiya and Rav
Shimon attempted to defend the actions of those persons. Thereupon Reish
Lakish sought to disqualify them from serving on the Beis Din on the grounds
that, in defending sinners, they had entered into a kesher reshaim, a
confederacy of transgressors. Although there may be positive attributes, as
I will note, they are outweighed by Mendelssohn's negative side.
Additionaly, we must keep in mind that Rambam (Teshuvah 3:8) says that not
only is one who denies the Torah Shebal Peh a Kofer, but so too one who
denies the authority of the Chachmei HaMesorah.

   A few points are in order:

   1) There is no question that the early Reformers found justification for
their desire to mingle with their neighbors at the expense of their Judaism,
in the ideas of Moses Mendelssohn, who in truth proposed no significant
Halachic reforms. Mendelssohn was a student of Rav Dovid Frankel, author of
Korban Eido on the Yerushalmi, and when in 1743 Rav Frankel had been called
from Dessau to preside over the Rabbinate of Berlin, Mendelssohn had
dutifully followed his Rebbe there. To my knowledge, Mendelssohn did not
write on Judaism for the German public until he was challenged by Lavater, a
leading spirit of the Lutheran Church, either to disprove the truth of the
dominant faith, or to convert to it. He did so in his "Jerusalem". Though he
wrote that the Torah had to be observed, he nevertheless argued that the
Torah contained no injunctions regarding faith, but only regarding
observance and behavior.  Moreinu HaRav Samson Raphael Hirsch wrote
regarding Mendelssohn (Iggeros Tzafun # 18):
	At a time of abating external repressions, Mendelssohn represented
"an excellent and superior figure, a highly-distinguished figure." The
source of his fine spirit, however, was not Judaism. His distinction was
mainly in the philosophical disciplines of metaphysics and esthetics. He
interpreted the Bible in what was only a philosophical-esthetic manner.
Rather than strengthening Judaism from within, he defended it from its
attackers, devout Christians, from without.

2) Mendelssohn's translation of the Torah, together with his Biur
translation/commentary was first published in Berlin in 1783, under the
title Nesivos HaShalom. [He received Haskomos for 1818 edition from Rav
Mordechai Benat of Nikolsburg, as well as from Rav Moshe Mintz, Rav of Alt
Ofen]. He claimed that it was originally intended for his children, and that
he agreed to its publication at the urging of Solomon Dubno. A different
reason emerges from Mendelssohn's correspondence after 1784, in which the
translation and Biur are termed the first step in the direction of Haskalah.
In Shut. HaElef Lecha Shlomo 2:257, the heads of a community wrote to Rav
Shlomo Kluger concerning members of their community who had formed a group
"to study Talmud Lashon Ivri and the writings of Rabbi Moshe Dessau
[Mendelssohn]." This had enraged other members of the community and they
went ahead and excommunicated the group and set fire to their books. In his
response, Rav Shlomo Kluger says that although the burning of the books was
unnecessary, those who had done so, could not be blamed. See also - Shut.
Divrei Chaim 2:Y.D. 60; Shut. Maharam Schick O.C. 61; Shut. Tuv Tam V'daas
3rd ed. 2:87; Shut. Teshuva MeAhava 1:1; Shut. Mahari Aszod 92; Lev H'Ivri
I:81b; Likkut Teshuvos V'Chiddushim R. Akiva Eiger 2; HaKesav V'Hakabala
Shemos 10:8,23,14:13,21:34,22:3,23:33, Vayikra 23:2; Ahavas Tzion I:16a;
Shomer Tzion Hane'eman CLXXV (9 Nissan 1854) p. 348b; Milchamos Hashem
(Zutro) I:4,16,129,III:25,29,IV:46; Rashash Ta'anit 9b, Yevomos 62b, Horayos
11b; Tiferes Yisroel Avos 3:72,76; Shut Melamed Le'hoel E.H. 33; Sdei Chemed
I, p.35,IX, pp.3845-6

3) Moses Mendelssohn was the premier fighter for Jewish civil rights in
Germany. He envisaged a secular state in which there would no longer be any
discrimination on religious grounds. He remained an observant Jew even after
his acceptance into German philosophical and intellectual circles. He
corresponded with some of the leading Rabbonim of Germany, Bohemia, and
Poland, among them, Rav Yonason Eybeshitz of Hamburg and Rav Hirsch Lewin of
Berlin (although he was severely criticized by many, such as Rav Pinchas
Horowitz of Frankfurt am Main, Rav Yechezkal Landau of Prague, and Rav Dovid
Tevele of Lisa). He bravely and eloquently defended the principles of
Judaism in the face of Christian challengers. Yet, he is remembered today as
the Father of Reform Judaism, as the parent of children who converted to
Christianity (Catholicism and Protestantism - all but his eldest son,
Joseph. Henrietta has been described by a secular source as "a violent
Catholic". Dorothea ran off with her co-adulterer, Fredrich von Schlegel.
His son Abraham fathered the famous composer Felix Bartholdy-Mendelssohn).
The harshness of Jewish history's judgment upon him is a reflection of the
incipient disaster that he was so prominent in fashioning. The problem was
not his low standard of Torah observance or his ignorance of Judaism;
neither existed. To suggest that they did is to ignore the historical
evidence. Mendelssohn embraced the German Enlightenment wholeheartedly, and
his ideas led his followers to be among the founders of Reform and enabled
others to skip the charade and embrace Christianity without undue
difficulty. The seeds of German culture which Mendelssohn assisted in
sowing, sprouted roots of assimilation and reform which I'm quite sure he
never foresaw. 

4) See Mekor Baruch II:1028,1058,III:1614 that Mendelssohn denied the
National unity of the Jewish people. He taught the Jewish people did not
represent a distinct political entity, but simply a branch of the nation in
which they resided. Thus, a Jew living in France was a "Jewish Frenchman,"
not a French Jew, and a Jew living in Germany was a "Jewish German" and not
a German Jew. Their "Frenchness" or "Germaness" was their only true
identity, and only incidentally and secondarily, were they Jews. If one
takes this to its logical conclusion, the people of Israel ceases to exists.

5) Many might be tempted to ask: What about Moreinu HaRav Samson Rafael
Hirsch? He too was a champion of minority rights, a philosopher, a
translator of the Torah into High German, perhaps the very embodiment of
Mendelssohn's hope for German Jewry under emancipation. But HaRav Hirsch was
not tarred by Mendelssohn's brush, nor were the results of his efforts
negative to Judaism. Rav Hirsch, the indefatigable champion of authentic
Judaism and tireless crusader against reform, remains a hero, while
Mendelssohn does not. Why? What did Mendelssohn try to do?  He tried to make
traditional Jews more German, less different. He didn't intend to harm nor
"reform" Judaism. He intended to harmonize traditional Jewish life with the
new world of enlightenment and emancipation. Mendelssohn, though he did not
coin the phrase (a poster was correct in saying it was the poet Yehudah Leib
Gordon), was the spiritual father of the famous motto of the 19th century
Haskalah, "Be a cosmopolitan man in the street and a Jew in your home." He
was, above all, a supreme rationalist and a follower of Kantian Philosophy.
Immanuel Kant, whose moral philosophy is the culmination of 19th century
individualism, insisted on moral autonomy to such an extent that any law
coming from outside (heteronomy) even if that outsider is Hashem himself,
must be subject to the scrutiny of man's own conscience and moral
self-legislation; that is, man is the sole arbiter of right and wrong.
Mendelssohn was not a bad Jew as far as observance. His fault laid with the
fact that he believed that he knew better than the Torah Sages of his day as
to what the response of Judaism was to their time. He thus wrote in a letter
concerning the Biur (June 29 1779): "The more it is opposed by the so-called
Chachmei HaDor, the more necessary it is. Originally I wrote it only for the
masses, but now I find that it is still more important for the Rabbis..."
HaRav Hirsch, in one of his few direct comments on Mendelssohn wrote
(Iggeros HaTafun # 18):" [He believed that] it was possible to be an
observant Jew and yet to shine, highly respected, as a German Plato..."
Solomon Ludwig Steinheim captured Mendelssohn neatly saying, "Mendelssohn
was a heathen in his brain and a Jew in his body." HaRav Hirsch was
uncompromisingly frum. Though he welcomed modernity, he made it clear that
if there was a conflict between Judaism and the ethos of the age, it was the
latter that would have to give way. He would say, "Instead of complaining
that [Torah] is no longer suitable to the times, our only complaint must be
that the times are no longer suitable to it." Judaism could take on modern
forms so long as its beliefs and laws were unchanged. His congregants in
Frankurt am Main attended universities, dressed stylishly, and were good
citizens. But they were fiercely loyal, observant, uncompromising Jews who
did not discard any law or custom of Judaism. HaRav Hirsch spoke for all of
us when he wrote: "We declare before heaven and earth that if our religion
demanded that we should renounce what is called civilization and progress,
we would obey unquestioningly, because our religion is for us truly
religion, the word of G-d before which every other consideration has to give
way."

B'virkas HaTorah,

Y. Dovid Kaye

There is a simple answer, although we may not agree with it.

wrt smoking, the Surgeon General has already alerted us.  IOW there are plenty 
of outspoken critics of smoking.  Rabbonim would hardly {feel that they} add any
weight to that side of the issue.

OTOH, there are few taking up the cudgesl against the Internet, so they feel the
need to step into the breach. Bemokom she'ein ish...

I had a similar debate many years ago with a Jewish Professor. He asked "How 
come the rabbonim speak out against autopsies in Israel but do not protest for 
Israel."

My reply was that there we already 10 times as many Secular Zionists taking up 
the cudgelss for Israel, but there was no one beisdes the Orthodox rabbis taking
up the cudgels against autopsies

Rich Wolpoe



______________________________ Reply Separator _________________________________
Subject: Smoking Ban 

What I am asking is how come we have rabbis preaching, 
screaming, and instigating mass hysteria and social 
pressure about the dangers of the internet, while the 
dangers of smoking have basically been ignored. Even 
without a "gzeira," the rabonim would be able to 
instill enough social pressure so that at least those 
who are not addicted to tobacco will be less likely to 
start smoking.  

Carl writes
> 
> IMHO our first responsibility in life is to our kids. If we can't find a 
> school in chutz la'aretz that is going to take our kids because of 
> whatever learning problems, physical limitations or whatever else, 
> but there are schools in Eretz Yisrael that are mat'im for our kids - 
> aren't we mechuyav to get on the next plane and go? Regardless of 
> who or what we leave behind and regardless of what "sacrifices" we 
> may have to make in a material sense? Why in so many other 
> things is parnassa not an answer but to keep us in the galus - even 
> in the extreme situation I've described, everyone thinks parnassa is 
> a heter? 

We have been informed that it is not netiquette to say I agree. Nevertheless
let me strongly agree with Carl.
My mechutanim run a school in Raanana (Beit Issie Shapiro) for young children
with all sorts of physical and emotional problems. While it is open to
everyone it is kosher under the rabbinate of Raanana. There are many other
organizations that run schools and programs for handicapped children of
all types. Many of these orhanizations are run by religious people and
offer a religious atmosphere. I recently attended a chazzanut concert on
behalf of an organization for helping deaf children work in a normal school
rather than using sign language in specialized schools. There are schools
in Bnei Brak that specialize in treatment of handicapped haredi children.

The situation is far from perfect especially in terms of government support.
On a personal level problem children will always find problems.
I am currently teaching gemara to a high school orphan who has been thrown
out of several yeshivot for disruptive behavior and ended up in the
local secular school.
In spite of the problems Israel is the only place where handicapped children
can get an education that allows for kosher food and a favorable religious
attitude even when the schools are not religious.

Eli Turkel

p.s.
Every once in a while I read an article about the Satmar school in Monroe.
Does anyone know more than the journalists what really goes on there.
Is the school open to non-satmar religious Jews?

On 3 Feb 00, at 9:12, richard_wolpoe@ibi.com wrote:

> There is a simple answer, although we may not agree with it.
> 
> wrt smoking, the Surgeon General has already alerted us.  IOW there are plenty 
> of outspoken critics of smoking.  Rabbonim would hardly {feel that they} add any
> weight to that side of the issue.

I don't buy that. Most people here have never heard of the Surgeon 
General or his report, and Israel is a good twenty years behind the 
US in anti-smoking. If Rav Elyashiv, Rav Scheinberg, Rav Wozner, 
Rav Kanievsky and a few others got together tomorrow morning and 
said that it's assur to smoke, I can guarantee you that you would 
not be able to buy a cigarette in my neighborhood from then on out.

-- 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.

>> I am sitting at the Rav's computer and I wonder why you have not posted his 
note from this past Motzoei Shabbos. I am attaching below in case it was not 
received.

K.T.

Ari
<snip>
Yet, he is remembered today as the Father of Reform Judaism, as the parent of 
children who converted to Christianity (Catholicism and Protestantism - all but 
his eldest son, Joseph. Henrietta has been described by a secular source as "a 
violent Catholic". Dorothea ran off with her co-adulterer, Fredrich von 
Schlegel. His son Abraham fathered the famous composer Felix 
Bartholdy-Mendelssohn). The harshness of Jewish history's judgment upon him is a
reflection of the incipient disaster that he was so prominent in fashioning.
<snip>  <<

Along the slippery slope known as the "blame game"... 
Question: Can we blame the Pre-Hirschian Rabbonim in Frankfort for failing to 
stem the overwhelming TIDE <pun> of assimilation there?

Rich Wolpoe

I will try to put succinctly what R' Kaye has demonstrated forcefully and
persuasively elesewhere:

M was not necessarily - most probably not - a heretic.

Nevertheless, many (if not most) of his perpectives run counter to the
accumulated wisdom and perspective of the generations (and, in my opinion,
counter to pesukim mefurashim like tha in last week's parasha, of
"ve'he'yisem li segula me'kol ha'amim, mamleches kohanim v'goy kadosh."

He articulated a philosophy that saw Judaism as a part of life upon this
world, not life upon this world as a part of Judaism.

His philosophy also saw Jewry as a subsidiary of universalitality, not
universitality as a subsidiary of Jewry.

TIDE sees the Torah and Avodas Hashem as primary and encompassing, with
general knowledge and culture integrated therein as useful tools and
enhancing aspects. M sees general knowledge and culture as primary and
encompassing, with Torah and Avodas Hashem as useful tools and enhancing
aspects.

En passant, let me note that R' Avrohom Elya Kaplan cites his grandfather,
who used the Be'ur, as condemning only the Introduction(s) (the "Mevo'os
Afeilim).

Yosef Gavriel Bechhofer
Cong. Bais Tefila, 3555 W. Peterson Ave., Chicago, IL 60659
http://www.aishdas.org/baistefila    ygb@aishdas.org

RZ Brooks wrote:

>>Can someone explain why a niddah can cook for her husband -- in our day and 
age it clearly is derekh hibbah.>>

I'm not sure that everyone sees clearly that it is derech chibbah.

Sorry - should have added - afra l'pumei :-) .

Yosef Gavriel Bechhofer
Cong. Bais Tefila, 3555 W. Peterson Ave., Chicago, IL 60659
http://www.aishdas.org/baistefila    ygb@aishdas.org

----- Original Message -----
From: Yosef Gavriel and Shoshanah M. Bechhofer
<sbechhof@casbah.acns.nwu.edu>
To: <avodah@aishdas.org>
Sent: Thursday, February 03, 2000 9:04 AM
Subject: Mendelssohn Again?


> I will try to put succinctly what R' Kaye has demonstrated forcefully and
> persuasively elesewhere:
>
> M was not necessarily - most probably not - a heretic.
>
> Nevertheless, many (if not most) of his perpectives run counter to the
> accumulated wisdom and perspective of the generations (and, in my opinion,
> counter to pesukim mefurashim like tha in last week's parasha, of
> "ve'he'yisem li segula me'kol ha'amim, mamleches kohanim v'goy kadosh."
>

Question: wouldn't the change in language provide an additional hardship on an 
English speaking child that is already challenged?

Rich Wolpoe

______________________________ Reply Separator _________________________________

In spite of the problems Israel is the only place where handicapped children 
can get an education that allows for kosher food and a favorable religious 
attitude even when the schools are not religious.

Eli Turkel

Is it possible that in a "liberated" ghetto free world that Gentiles would take 
this Judeo-cnentric vision as arrogant and condescending and thereby seek 
reprisals against the Jews?  And that therefore M sought to minimize the 
"superiority" complex associated with being the chosen peopl so as to mute the 
pending ant-Semitism he aniticipated as a by-product of asserting Jewish 
"chosenhood"?

If so perhaps he was responding "mishum eivo".  And if he indeed was ahead of 
his time, perhaps he saw a danger to Jews in asserting their superiority in a 
German society that was after all prone to reprisal.

Rich Wolpoe


______________________________ Reply Separator _________________________________
Subject: Mendelssohn Again? 
<snip>
He articulated a philosophy that saw Judaism as a part of life upon this 
world, not life upon this world as a part of Judaism.

His philosophy also saw Jewry as a subsidiary of universalitality, not 
universitality as a subsidiary of Jewry.
<snip>
Yosef Gavriel Bechhofer
Cong. Bais Tefila, 3555 W. Peterson Ave., Chicago, IL 60659 
http://www.aishdas.org/baistefila    ygb@aishdas.org

On 3 Feb 00, at 10:33, richard_wolpoe@ibi.com wrote:

> Question: wouldn't the change in language provide an additional hardship on an 
> English speaking child that is already challenged?

I think it depends on the child's age when you come. Most people 
know if their kids are challenged by the time the child reaches first 
grade - which is still early enough for most kids to absorb a second 
language without too much difficulty. Yes, even challenged kids.

Also, many of the people who run the special schools here are 
Anglos, and it would be very unusual for them not to at least have 
an Anglo on staff.

-- 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.

I wrote <<< These are things which are impossible to pasken on, from a cold
halachic perspective. How can any sefer or posek "pasken" that a person
should or should not be told, without mentioning that his feelings must be
taken into consideration? >>>

Upon rereading what I wrote, it seems to me that some might think that I'm
advocating a degree of halachic anarchy here, that what the poskim say is
irrelevant, and that personal feelings are the only consideration.

That is NOT how I feel. If the Gemara had said that in certain circumstances
we must inform the person, or that we must not inform the person, then that
would be the halacha, and this discussion would never have started. My point
is that *because* the Gemara does *not* require one option or the other,
that is why I think personal considerations should take primary importance.
I am not discarding other ideas, only saying that the other ideas should be
of secondary importance.

R' Aryeh Stein wrote: <<< If I remember it correctly,  R' Ruderman's father
died sometime after Succos.  The Alter of Slabodka decided not to tell him
about the death until Pesach (months later), because R' Ruderman had planned
to finish shas between Succos and Pesach, and the news of his father's death
would hinder this plan. When the Alter was asked: "But you are depriving the
father of the z'chus of R' Ruderman saying kaddish for him!", the Alter
responded "R' Ruderman's finishing shas will be a greater z'chus for the
neshama than kaddish would." >>>

I am NOT saying that the Alter's decision is wrong. I am saying that such a
decision should not be based merely on balancing the z'chus of learning vs.
the z'chus of kaddish. It must also consider the pain which the son will
feel upon discovering that the information had been withheld.

Akiva Miller

*********************


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