Avodah Mailing List

Volume 42: Number 5

Fri, 19 Jan 2024

• 1. Brisker methodology (Joel Rich)
• 2. brachot/lifestyle (Joel Rich)
• 3. Re: redemptive element in Jewish "commercial" law. (Micha Berger)
• 4. Re: Clarification - Tallis Gadol Shev VeAl TaAseh (Micha Berger)
• 5. Re: Should we have returned after 3 days? (Micha Berger)
• 6. Re: Brisker methodology (Micha Berger)
• 7. Re: brachot/lifestyle (Micha Berger)

Quantum physics explains more than Newtonian mechanics but still has gaps
in its explanatory powers, should we look at Brisker methodology in the
same way? (ie there?s a next level to be discovered).
Bsorot tovot
Joel Rich
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The shulchan aruch?s approach to birchat hanehinin seems very much that one
should arrange one?s lifestyle to avoid safek situations rather than
paskin. If that is so, is it more here than in other halachot? If yes, why?
Bsorot tovot
Joel Rich
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On Wed, Jan 10, 2024 at 05:45:24AM +0200, Joel Rich via Avodah wrote:
> My study of the Aruch Hashulchan choshen mishpat has made me realize more
> than ever that while every society needs to have a set of rules to settle
> financial disputes and damages, one really sees how there is an overarching
> redemptive element to in Jewish "commercial" law.

Rashi on Vayishlach quotes R Elazar (Chullin 91a) that Yaaqov went back
because the righteous consider their money precious, because of their care
they take to earn their money honestly.

Proper business ethics isnt just the permissable way to conduct business,
it actually sanctifies the activity. And therefore, the pachin qetanim
were sacred to Yaaqov, not to be simply left behind.


(As a dad, I had the more prosaic theory that Yaaqov had to go back
across the Yaboq because one of those pachin was Binyamin's favorite
"baba". Without which, he wouldn't let anyone sleep. All parents
have "been there, done that." <grin>)

Tir'u baTov!
-Micha

-- 
Micha Berger                 "The most prevalent illness of our generation is
http://www.aishdas.org/asp   excessive anxiety....  Emunah decreases anxiety:
Author: Widen Your Tent      'The Almighty is my source of salvation;  I will
- https://amzn.to/2JRxnDF    trust and not be afraid.'" (Isa 12) -Shalhevesya

On Mon, Dec 18, 2023 at 10:09:39AM +1100, Rabbi Meir G. Rabi via Avodah wrote:
> On the other hand, walking about, and some would argue, even remaining in
> the same place, whilst wearing a garment that HKBH instructs MUST have
> Tzitzis, is very far from being a Shev VeAl TaAseh.

You lost me here. I thought everyone holds that the asei is violated
every time tzitzis is worn long enough to walk 4 amos.* Like your "some
would argue". So, let's run with that, because that is a given in what
you're responding to, and you agree it is at least a shitah.

According to that shitah, you can violate an asei without moving a muscle,
just by leaving tzitzis on for that length of time.

So, if chazal said that one needn't undress in public to remove pasul
tzitzis, aren't they telling you to violate an asei in a way that doesn't
require moving, and indeed, not to do the action? How that that *not*
a textbook case (and thus not "very from brom bring") a call to be oveir
aseir behseiv ve'al taaseh?

(And if we hold the 4 amos are literal motion, and not a way to measure
time, then why would Chazal let the person move? Or maybe move pachos
pachos mi-4 amos?)


Tir'u baTov!
-Micha


* PS tangent to share a pet theory:
I think Chazal had a single quantum of halachic time. Meaning that "tokh
kedei dibbur" -- the smallest unit of time when it comes to intent and
speech, and the time it takes to walk 4 amos -- the smallest unit of
time when it comes to action, were two ways to approximate the cheileq --
the smallest unit of time when calculating time.

-- 
Micha Berger                 When memories exceed dreams,
http://www.aishdas.org/asp   The end is near.
Author: Widen Your Tent                      - Rav Moshe Sherer
- https://amzn.to/2JRxnDF

On Sun, Jan 14, 2024 at 06:12:27PM -0500, Akiva Miller via Avodah wrote:
> Sometimes people ask whether we were wrong for not returning to Mitzrayim
> after three days, given that Moshe Rabeinu never asked Paro for more than
> that.

Why did we have to ask for anything in order for leaving oppression to be
justified?

As for why Hashem had Moshe only ask for 3 days to serve Him... Because
the exercise was to get Par'oh to agree to something closer to his nequdas
habechirah. Par'oh is then punished for not even allowing a single holiday
off.

But it's a totally separate request than leaving permanently. And in truth
Par'oh had not moral grounds to own the right to allow or withhold either.

Tir'u baTov!
-Micha

-- 
Micha Berger                 It is harder to eat the day before Yom Kippur
http://www.aishdas.org/asp   with the proper intent than to fast on Yom
Author: Widen Your Tent      Kippur with that intent.
- https://amzn.to/2JRxnDF                     - Rav Yisrael Salanter

On Wed, Jan 17, 2024 at 07:12:18AM +0200, Joel Rich via Avodah wrote:
> Quantum physics explains more than Newtonian mechanics but still has gaps
> in its explanatory powers, should we look at Brisker methodology in the
> same way? (ie there's a next level to be discovered).

In QM, one doesn't know what the math represents. The various different
interpretations of QM, what reality leads to that math, are considered
philosophy, not science. Since they all produce the same equations for
bheavior, they cannot be experimentally distinguished. So -- not science.

Brisker Derekh is founded on the idea that the topic ends with its
own theory. There is not innate concept of baalus, baalus is *defined*
by the set of laws of qinyan, achrayus, geneivah, hefqer, etc...

It is, in that sense much like QM.

Which means that Rav Shimon Shkop already gave us a successor theory
to Brisker Lomdus, one which does connect lomdus to reality.

It also dealls with hitztarfus (how things combine), not only chiluqim.
And it is less boolean all-or-nothing than the way Brisk handles halachic
categories as chalos sheim.

While the haqdamah to Shaarei Yosher may be the most important work of
hashkafah of the past 300 years (although I might be biased <grin>) the
rest of the book should be critical learning too.

Tir'u baTov!
-Micha

-- 
Micha Berger                 The thought of happiness that comes from outside
http://www.aishdas.org/asp   the person, brings him sadness. But realizing
Author: Widen Your Tent      the value of one's will and the freedom brought
- https://amzn.to/2JRxnDF    by uplifting its, brings great joy. - R' Kook

On Wed, Jan 17, 2024 at 07:14:03AM +0200, Joel Rich via Avodah wrote:
> The shulchan aruch's approach to birchat hanehinin seems very much that one
> should arrange one's lifestyle to avoid safek situations rather than
> paskin. If that is so, is it more here than in other halachot? If yes, why?

I think so, which is why you noticed.

As for why... Perhaps the quip about the gadol who eats to make a berakhah
rather than making a berakhah in order to eat isn't just a clever line,
but a real ideal. When  it comes to hanaah, connecting that experience
to haqaras hatov to the One Who provided it is the iqar, and not "just" a
matir. Perhaps / efshar?

Tir'u baTov!
-Micha


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