Micha Berger | 9 Feb 18:57
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A Mamzer Marrying a Shifchah

The topic came up on Areivim about the possibility of a mamzer
"marrying" a shifchah, in which case the children are acadim, and
when freed, wouldn't be mamzeirim.

RAZZ asked me to put up on the archive "The Mamzer and the Shifcha"
by R' David Katz <http://www.aishdas.org/avodah/faxes/mamzerShifcha.pdf>.

The discussion there appears to be hanging on the problem of dina
demalkhusa. Which can mean one or both of the following:

1- We live in countries where slavery is illegal. Therefore, one can't
suggest lekhat-chilah that one buy a slave in the US, it's assur.

I presume this could be avoided by:

a- moving to Israel, so that if one holds like the Ran's understanding
of Tosafos, and not like RAYK that Medinat Yisrael has at least some of
the laws of malkhus DDD doesn't apply (to a non-melekh in EY).

b- making a chiluq between a shifchah as defined in halakhah and a
slave as defined in civil law, and thus find a way to have a shifchah
who isn't a slave.

2- There is a rule in CM that by default, the norms of your host society
are fiscally binding. Therefore one could argue that it is impossible to
buy a shifchah in a country where buying people is illegal.

Possible ways out:

a- Is DDD in this sense the law on the books, or the de facto reality?
(Continue reading)

David Riceman | 8 Feb 21:36
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Re: why stop learning?

<<R' SZN: so then the sentiment is that davening for a person , is a 
bigger zchus than learning for that person? and certainly more than 
doing a chessed for the zchus of that person? <SNIP>>>

I'm entering this in the middle of the discussion, so I don't know if 
its already been dealt with.

While I'm unsure of the mechanism by which davening for a person works, 
it has both Biblical and Mishnaic warrant.

Where is the evidence that learning or doing chessed "for the zchus" of 
a person has any effect? What mechanism induces that effect?

David Riceman

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Eli Turkel | 8 Feb 20:26
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Tu Bshvat

It is brought in the name of Chasidei Ashkenaz that on Tu Beshvat one should pray to have a good etrog the following succot.
Of course there is the "seder tu beshvat" and some read portions of the Mishna and Zohar connected to Tu Beshvat.
There is a sefer "Pri Etz Hadar" of things to say on the evening of Tu BeShvat.
Of course the main halachot affect Terumot, Maaserot and Orlah/Neta Revai

I saw in the name of the Chortikov Rebbe that man is compared to a tree. Tu Beshvat is the time that the barren trees start coming back to life. This reminds us that men too can return after being "barren" spirituality. In particular that after many years of exile there can still be a return to EY and Moshiach.

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Eli Turkel
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Micha Berger | 8 Feb 19:06
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Tu BiShvat today

Topic of conversation among the co workers who came by my cubicle for
raisins, dates, olives, and discussions of bugs on raisins or dates...

All qabbalah aside, just talking nafqa mina lemaaseh, what is Tu biShvat
today?

All we could come up with was orlah and not saying tachanun. Did we
miss anything?

Tir'u baTov!
-Micha
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Rich, Joel | 8 Feb 03:52

Learning while getting a haircut

Listening to a shiur about the Rogatchover and his long hair.  Anyone know if it’s assur to learn without a kippah while you are getting your hair cut?
KT
Joel Rich
 


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Micha Berger | 7 Feb 21:10
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The Workings of Tefillah

Last in a series of teasers for YHE emails, this one on approaches to
tefillah, and how to understand what we hope to accomplish. Obviously,
the Borei doesn't need to be told of your need, He isn't going to be
swayed by our nagging, and He would do what is best for us either way.
So why are we davening?

http://vbm-torah.org/archive/faith/12faith.htm

    PRINCIPLES OF FAITH
    By Rav Joshua Amaru

    ...

    3. The Anthropocentric Conception of Prayer

    The conception of prayer most prevalent amongst the classical medieval
    Jewish philosophers is articulated most fully by Rav Yosef Albo in
    his Sefer Ha-Ikkarim.[3] Human beings cannot change God: as opposed
    to a king of flesh and blood, the King of Kings, who is perfect and
    eternal, is not subject to influence and not affected by us. Prayer
    should be conceived as a fundamentally human-focused activity; in
    other words, prayer is anthropocentric. Though addressed to God,
    the act of prayer does not affect the Divine -- it does not "work"
    by changing God's mind. Rather, it affects the pray-er and changes
    his or her personality and standing. Prayer is an act that gains
    one merit: in praying, in turning to God and crying out to Him, a
    person becomes more worthy and more deserving, and divine judgment
    may change in light of this change. God does not change -- the person
    praying is changed, and this can at times lead to the realization
    of one's prayers.

    As one would imagine, one who subscribes to the anthropocentric
    approach to prayer has an easier time accommodating prayers of
    praise and thanksgiving than prayers of petition. In encountering
    the greatness of God and His Creation, he or she is inspired and
    perhaps obliged to sing His praises; likewise the human object of
    divine grace is morally obligated to express thanksgiving. Petition,
    however, remains a problem from this perspective: it is not clear
    what human good is achieved by the detailing of our needs before an
    all-knowing God and begging for His grace.

    4. The Theurgical Conception of Prayer

    At the other end of the spectrum lies what we can call theurgical
    prayer. Theurgy is an activity in which human action affects or
    influences the divine, through prayers or rituals. Praying becomes
    part of a larger spectrum of religious ritual activity that is
    dedicated to changing and improving the spiritual world. Prayer,
    so to speak, can "work," in that it can effect a change in spiritual
    reality.

    In the Kabbalistic tradition we find a great deal of sophisticated
    theurgical thinking. Such notions as "raising the sparks," and
    "tikkun olamot elyonim" (repairing of upper worlds) are metaphors
    for the ways that prayer (and mitzvot) can make a change on a higher
    plane. These approaches posit a complex theological reality, of
    which the ten sefirot are the most basic components. In performing
    mitzvot, and especially through prayer and specific kavvanot,[4]
    a person can make a positive difference to spiritual reality in a
    way that reverberates also in the everyday world.[5] The perfection
    of God is protected by the fact that divinity is mediated through
    this complex reality, such that God's higher aspect remains perfect
    while He grants people the ability to affect His lower aspects.

    Though there is great power and nuance to be found in this
    approach, there are two aspects of it that I, at least, find
    very difficult. First of all, one must affirm the reality of an
    elaborate spiritual reality that is subject to human influence in
    a manner that appears magical. The gap between the magicians and
    diviners forbidden by the Torah and permitted "magical" practices
    becomes very small. Furthermore, the conception of influence on God
    as quasi-magical promotes a kind of mechanistic theology. God is
    conceived almost as a force rather than as a person, and someone
    who has the correct knowledge and technology can manipulate this
    force. It goes without saying that this is not how advocates of this
    approach conceive of themselves.

    These extreme approaches mirror one another's basic strengths and
    weaknesses. ...

    It is important to appreciate that these brief summaries border
    on caricatures of what are profound attempts to grapple with the
    concept of prayer and, more generally, the relationship between the
    human and the divine....

    5. Rav Soloveitchik's Existentialist Conception of Prayer

    In his writings posthumously published in Worship of the Heart, Rav
    Joseph B. Soloveitchik (hereafter, "the Rav") elaborates a conception
    of prayer that marginalizes the question of how or whether prayer
    "works." Rather, claims the Rav, prayer must be understood as
    primarily a medium of religious experience, as a mode of forming a
    relationship with God:

	The efficacy of prayer is not the central term of inquiry in
	our philosophy of avoda she-ba-lev.... The basic function of
	prayer is not its practical consequences but the metaphysical
	formation of a fellowship consisting of God and man.[6]

    Prayer is the realization of a dialogical relationship between the
    individual and God, in which the pray-er is the speaker and God is
    the listener. Its parallel is prophecy, in which these roles are
    reversed. In both cases, communication leads to communion, and the
    human comes into contact with the divine.

    Petitional prayer is at center of this religious experience. The
    Rav emphasizes the fact that petitional prayer is a mitzva,
    a religious obligation. In a person's realization of his or her
    utter dependence upon God, in recognition of his or her existential
    "depth crisis," both the need and the obligation to call out to God
    are formed. Every person must realize that despite the greatness
    of the human personality, each individual is a "being born out of
    nothingness and running down to nothingness."[7] We are equipped
    with infinite imagination and desire but "must be satisfied with
    a restricted, bounded existence."[8] The mitzva of prayer includes
    the responsibility that a person realize this fact and experience
    the distress attendant upon it. From the depths of crisis, a
    person is drawn to call upon God out of the realization of his
    utter dependence. This call, when issued from the depths of the
    human personality, brings about the miraculous manifestation of the
    divine presence.
    ...

    6. Prayer as Intersubjective Influence

    I now turn to a final conception of prayer, which I think is very
    widespread; it is the simple meaning of the liturgy as well as
    the mainstream understanding of prayer found in both the Torah and
    Chazal. What I have to add is merely a philosophical defense of the
    idea that petitioning God is an actual request of an individual to his
    Maker, which includes at least the possibility that the request will
    be answered affirmatively. It is explicitly an attempt to influence
    and impact upon the Divine.

    How can such a conception of prayer be accommodated to the idea of
    God as transcendent, complete, perfect and all-knowing? The short
    answer is that it cannot -- but that is not a tragedy. As I have
    emphasized in previous shiurim, insistence on the transcendence of
    God as our point of departure produces nothing but silence. We cannot
    think about or relate to a fully transcendent God -- all we can do
    is point to the presence of a being beyond our ability to grasp. Yet
    the transcendent God, in His chesed (grace), has chosen to manifest
    Himself to us, as a subject, with various personae: the King of Kings,
    the Lawgiver, the merciful Father, etc. Our relationship with God is
    necessarily limited and constrained by our own limitations, and all of
    religion is mediated by the varying conceptions we have of God. None
    of these are complete, but by negotiating our way amongst them we
    can accomplish, to some limited extent, the seemingly impossible and
    have a relationship with the Divine. That relationship can include
    situations in which we make requests of God and they are answered.

    Yet even within our human conceptions of God, petitional prayer
    poses a problem. If God is the ultimate arbiter of justice, who
    determines the fate of everyone and everything in accordance with its
    just deserts, then even the hope that God might "change His mind"
    because of someone's petition amounts to a scandal. Should a judge
    change his verdict because the convicted criminal falls to his knees
    and begs for mercy? Doing so would make a mockery of justice! How
    is petitioning God for mercy any different?
    ...

    But there is another sort of influence. How we relate to another
    is not indifferent to the nature of the relationship or to the
    forms in which it is expressed. This is perhaps easiest to see with
    parents and children. When the same child asks nicely for the candy,
    the parent might be inclined to loosen up the rules a bit (no candy
    before dinner). This is not necessarily the parent acting against his
    better judgment, but in accordance with it. It is possible to err in
    the direction of being overly rigid, even in enforcing appropriate
    rules, while it may be preferable to let things go occasionally. When
    these occasions are, and how frequent they are, will be functions
    of the relationship between the parent and the child. The trust the
    parent has in the child, as well as the circumstances, which include
    whether the child has asked for a special treat and how he has asked,
    all play a role.

    Chazal (the Rabbis of the Talmud) understood a person's relationship
    to God in an analogous fashion. They make use of different images
    to represent the ways that God relates to the world. Most prominent
    are the images of God as judge, exhibiting the attribute of justice,
    and the image of God as merciful Father, exhibiting the attribute
    of mercy. The scandal arises when we presume that justice is
    to be equated with some sort of ultimate rightness, the correct
    way for God to manage the world. If so, then any divergence from
    that is a scandal. But the Rabbis did not conceive of justice in
    this comprehensive fashion. A judge must never allow his judgment
    to diverge from the fair and the just. But God is not merely a
    judge. Justice is but one of the ways that divine concern for the
    world is manifest...

Tir'u baTov!
-Micha

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Micha Berger             It's never too late
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Micha Berger | 7 Feb 20:58
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The Day of Death

Another YHE ("Gush") email raises the question of whether the advice
R' Levi bar Chama repeats in the name of Reish Lakish really works:

    R. Levi bar Chama said in the name of R. Shimon ben Lakish: A
    person should always incite his good inclination against his evil
    inclination, as it says: "Tremble and do not sin." If he succeeds,
    well and good; if not, he should engage in Torah study, as it says:
    "Commune with your own heart." If he succeeds, well and good; if
    not, he should recite the Shema, as it says: "Upon your bed." If
    he succeeds, well and good; if not, he should remind himself of the
    day of death, as it says: "And be still. Selah" (Berakhot 5a).

Skipping to the maqanah of http://vbm-torah.org/archive/aggada72/13aggada.htm

    Despite the cogency of the above approaches, I believe that a
    more profound argument lies at the heart of R. Shimon ben Lakish's
    reluctance to use the day of death as a spur to repentance. R. Reisher
    argues that the day of death is a very effective medicine, but one
    with dangerous side effects. But one can challenge R. Reisher's
    assumption that remembering the day of death is effective. R Eliyahu
    Lopian (1876 -- 1970) was an influential Rosh Yeshiva and Mashgiach
    (Yeshiva head and spiritual advisor) in England and Israel. In his
    Lev Eliyahu (parashat Toldot), he insightfully explains why musing
    about death may be ineffective. Thoughts of mortality certainly
    create a sense of urgency; given little time, we rightfully focus
    on what we truly care about. Yet some people's ultimate concerns
    revolve around the trivial and the mundane. If a person's lifetime
    goal is pursuing the perfect steak, then thinking about the limited
    time remaining will only energize his attempts to locate novel steak
    options. As Yeshayahu pointed out long ago, some react to the prospect
    of death by indulging in physicality: "And behold joy and gladness,
    slaying oxen and killing sheep, eating flesh and drinking wine--'Let
    us eat and drink, for tomorrow we shall die!'" (Yeshayahu 22:13). A
    sense of urgency only helps those whose heart is in the right place
    to begin with.

    R. Lopian cites an earlier biblical source for this idea. Esav
    says: "I am at the point of death; what do I need the birthright
    for?" (Bereishit 25:32). According to Rashi, Esav considers the
    many halakhic restrictions involved in Temple service and foresees
    committing a capital offense. In a more straightforward reading, Ibn
    Ezra explains that hunting reflects a dangerous lifestyle, so Esav
    harbors constant doubts about how long he will live. Either way,
    thoughts of mortality do not bring Esav to greater religiosity;
    on the contrary, they make him think about his next meal.

    Chatam Sofer's creative reading of a different gemara echoes
    R. Lopian's insight:

	Reish Lakish sold himself to the Ludae (Rashi Shabbat 10a says
	that they Ludae were cannibals. Marcus Jastrow says that they
	were people who hire men for gladiatorial contests). He took with
	him a sack and a stone. He said (to himself): "I know that on a
	person's last day (before they kill him), they grant him whatever
	he wishes so that his blood will be atoned for." On his last day,
	they said: "What would you like?" He said: "I want to tie you
	up and sit you down and give each one of you a sack and a half
	(i.e. hit them with the sack)." He tied them up and sat them
	down. He hit each one of them, and their spirit departed. They
	gnashed their teeth. He said: "Are you smiling at me? I still
	have another half to give you." He killed them all (Gittin 47a).

    We could take this gemara at face value, portraying Reish Lakish as
    heroically and cleverly removing scourges of society. Accepting such
    a literal approach, Tosafot think this story must have occurred
    in the earlier stages of Reish Lakish's life, before he joined
    the world of the beit midrash (see Bava Metzia 84a). Yet given the
    fantastical nature of this tale, it might make more sense to read it
    allegorically. R. Sofer does so by connecting this gemara with Reish
    Lakish's statement in Berakhot 5a. He identifies the Ludae as the
    evil inclination that consumes flesh. The hit refers to Shema and
    Torah study, the preferable ways of subduing the evil inclination;
    the half hit refers to recalling the day of death, a less optimum
    strategy. Given Reish Lakish's righteousness, the first hit knocked
    out the evil inclination, and he did not require the half hit.

    Like R. Lopian, R. Sofer mentions the possibility of mortality
    motivating a turn to hedonism. He says that remembering the day of
    death only works when one first studies Torah and recites Shema. Given
    the right background and priorities, thoughts of death can help. Yet
    this strategy has great limitations; it requires the right context
    to work and, even when effective, causes negative side effects.

    Educators who are frustrated by their students' apathy may try to
    up the emotional ante by talking about such matters as death or
    the Holocaust. They feel that only such powerful themes will affect
    indifferent students. R. Lopian and R. Sofer remind us not to quickly
    adopt such an approach. Torah study and reciting the Shema are more
    basic and positive educational strategies.

(Personally I get a kick out of noticing how often teshuvah-related
discussions in the gemara involve R' Shimon ben Laqish.)

Tir'u baTov!
-Micha

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Saul.Z.Newman | 6 Feb 22:54

why stop learning?


so then the sentiment is that  davening  for  a person , is a bigger zchus  than  learning  for that  person?
and certainly more  than doing  a chessed for the zchus of that person?

because we are now in an era of  all kinds of  sgulos /ceremonies  for healing  eg  baking challa
then the conclusion would  be , that  actually  dropping  all those acts and just  davening   would  be more  efficacious.

and is there an analogy  in the le'ilui nishmas category?     i presume there leading davening  in the 1st year is kenedged kulam .
but what  about  after that?  there seem to be an endless varieties  of  memorial  gemachs/funds  etc ; so presumably there isn't one thing better than
another?


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Saul.Z.Newman | 6 Feb 21:21

why stop learning?


http://yeranenyaakov.blogspot.com/2012/02/please-pray-for-rav-elyashiv-shlita.html
why does tfila  of talmidei chachamim /tora learners  help more than  the learning of  tora learners?

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Prof. Levine | 6 Feb 15:32
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Another Article on Chodosh – Rabbi Yehuda Spitz

From http://tinyurl.com/79np84w

Please find this extremely comprehensive article by Rabbi Yehuda Spitz by clicking on the hyperlink; chodosh-combined-endnotes-jan-2012

See the above URL for more.  YL
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Prof. Levine | 6 Feb 00:55
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Chodosh Article from Rabbi Yehuda Baum

From  http://tinyurl.com/7ap8ps5

There have been many requests to post a Halachic
response regarding the laws of chodosh/yoshon.
Baruch Hashem, Rabbi Yehuda Baum has agreed to
permit me to publicize and excerpt from his
unpublished kashrus book towards enlightening
readers as to some of the laws pertaining to this issue.

Click on the hyperlink to view the article
-
< http://www.jerusalemkoshernews.com/wp-content/uploads/chodosh-excerpt-from-book.pdf >chodosh-excerpt-from-book

Rabbi Yehuda Baum serves as a posek in the
Sanhedria Murchevet ­ Ramat Eshkol neighborhoods
of Jerusalem. He has been a part of the Mir
Yeshiva for over 18 years, leads various kollels,
teaches in Seminaries, and is the American mohel
of the neighborhoods. In addition, he is the Rav
Hamachshir of the “Toras HaBayis” hashgacha,
under HaGaon HaRav Yitzchak Berkovitz Shlita.

See the above URL for the rest of this article.  YL


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