Avi K

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  • in reply to: Some topics are just too controversial for the coffee room moderators. #1618566
    Avi K
    Participant

    Joseph, Rav Lichtenstein says it is different.

    in reply to: Agudah Says to Vote, But Doesn’t Remind Us Who #1618567
    Avi K
    Participant

    Actually the tax law does not bar rabbanim or other clergy from endorsing candidates per se. That would be a violation of the Free Speech clause. It bars them from doing so in the names of their institutions or from their pulpits.

    BTW, being that we are correcting spelling and grammar, the title of this thread should end “for whom” . According to grammarly.com
    “Whom should be used to refer to the object of a verb or preposition. When in doubt, try this simple trick: If you can replace the word with ‘he’ or ‘’she’, use ‘who’. If you can replace it with ‘him’ or ‘her’, use ‘whom’.”

    in reply to: Agudah Says to Vote, But Doesn’t Remind Us Who #1618523
    Avi K
    Participant

    I would also change “tell” to “suggest”. See Rema CM 163:1 that each voter must give his opinion l’shem Shemayim. His and not his rav’s. L’shem Shemayim and not to advance some personal interest.

    in reply to: Agudah Says to Vote, But Doesn’t Remind Us Who #1618519
    Avi K
    Participant

    Akuperma, the Aguda was also a political party in Europe. Your statement about abortion is disgusting and racist. If were a mod I would have deleted it. As fir benefits, their communities should help them find jobs instead of encouraging them to sponge while denying that they must obey the laws.

    Laskern, Soc Sec has nothing to do with the general fund – yet. It is funded by its own trust fund although because of over-generosity and demographic trends it is running down.

    Dor, are you saying that its OK to break the law if you are not called on it? BTW, the evangelicals are trying to get Congress to change the law. A blue Congress would certainly not change it.

    in reply to: Some topics are just too controversial for the coffee room moderators. #1618060
    Avi K
    Participant

    Dor, it s mindless if you did not ask him. It is certainly mindless regarding non-Torah matters. The Gemara mentions many instances in which people disagreed with their rabbanim (הא דתיה הא רביה). The Rema says (YD 242:3).
    הגה: אבל מותר לחלוק עליו באיזה פסק או הוראה אם יש לו ראיות והוכחות לדבריו שהדין עמו. (פסקי מהרא”י סי’ רל”ח):
    Rav Soloveichik’s rav was his father. However, when his father opposed his choice of wife he wrote him a very respectful letter proving that he did not have to listen. Rav Moshe Soloveichik told his friends that his son was right.

    Stuart, on the contrary, Rav Lichtenstein wrote a whole article AGAINST the idea of daat Torah. You can google “If There Is No “Da’at, How Can We Have Leadership?” BTW, what did you mean by “Father from chassidish background, mother from background”? Does she have an anonymous background?

    in reply to: Calling 311 on someone blocking your driveway is mesira #1616930
    Avi K
    Participant

    Joseph, I take it you make a habit of blocking people’s driveways. See Baba Kama 28a (daf koach) thtathe owner of the driveway can not only have your car dragged out but he does not have to be careful not to damage it while doing so.

    in reply to: Controversial opinion (T) #1616933
    Avi K
    Participant

    1, who decides? Anyway, Rav Ovadia says that there is (Yechavei Daat 4:65 and 5:64).

    CTL,
    a. Rav Moshe says that if he was sold in order to free him there is no problem. This is his solution to adopting a non-Jewish child who might do miun when he grows up IM, YD 1:162.
    b. The 13th Amendment only says that slavery shall not exist and that Congress may enforce it by appropriate legislation. Is there a law that bars buying someone in order to free him? What if he was bought in a country that allows slavery?

    in reply to: Tinuk Shenishbah #1616901
    Avi K
    Participant

    Yzj, I will strengthen your post. The Rema (YD 340:5) says in the name of the Or Zarua:
    הפורשים מדרכי צבור אע”פ שאין מתאבלין עליהם מתאבלין על בניהם
    Kedoshei Pittsburgh were probably several generations removed from the Jews who went OTD. Even in their case, they were caught between the rock of Czarist Russia and the hard place of sweatshop bosses who posted signs “If you don’t come in on Sat don’t come in on Mon”.

    in reply to: Tinuk Shenishbah #1616898
    Avi K
    Participant

    Time,

    1. Are you saying that if secularists do a mitzva we should not do it out of spite?

    2. Rav Kook pointed out that a person has two sides: his private side and his national side. One can be a tzaddik on one side and a rasha on the other. Those secularists who were moser nefesh for EY were tzaddikim on their national side.

    3. I already posted above that Rav Kook also said that today’s secularists are not responsible because they have been seduced by the spirit of the time (cf. Gittin 41b Tosafot d”h Cofin and Sanhedrin 26b Tosafot d”hHechashud). He wrote:
    אבל אם יחשוב כת”ר, כרוב המון הלומדים, שראוי בזמן הזה לעזוב להפקר את אותם הבנים אשר סרו מדרכי תורה והאמונה על ידי זרם הזמן הסוער, הנני אומר בפה מלא שלא זו הדרך אשר ד’ חפץ בה. כשם שכתבו תוס’ סנהדרין (כו, ב ד”ה החשוד) דיש סברא לומר דלא יפסל החשוד על העריות לעדות משום דחשיבי כמו אונס משום דיצרו תקפו, וכהאי גוונא שכתבו כן תוס’ גיטין (מא, ב ד”ה כופין) שכיוון שהשפחה משדלתם לזנות חשיבי כאנוסים, כן היא “שפחה בישא” של זרם הזמן, שנתנו לה מן השמים שליטה טרם שתכלה לגמרי ותנדוף כעשן, שהיא משדלת בכל כשפיה הרבים את בנינו הצעירים לזנות אחריה. הם אנוסים גמורים, וחלילה לנו לדון אונס כרצון.

    in reply to: Should liberals grow up already? #1616794
    Avi K
    Participant

    Chiefshmerel,
    1. If the intent is that he is a big-spending liberal it is not antisemitic.
    2. “Globalists”, according to the Conservapedia, “oppose nationalism, national sovereignty, and self-governance. Leftist anti-Zionists are also globalists
    3. David Duke does not interest me. IMHO he should be ignored. This is the greatest punishment he can receive.
    4. Leftists say the same thing about the Koch brothers. Are they anti-German-American? This PC nonsense should be stopped.

    in reply to: Protecting ourselves #1616163
    Avi K
    Participant

    1, Rav Moshe said (IM OC2:111) that we cannot rely on our merits. Who says that they are so great?

    in reply to: The Biggest Kanoim Today #1616164
    Avi K
    Participant

    What about a kanai in mitzot ben adam l’chavero? What about a kanai in kiddush Hashem through honest dealings with the government and non-Jews?

    in reply to: why were reshaim created? #1616170
    Avi K
    Participant

    FM,
    1. The Chazon Ish says that emunah is the belief that whatever happens is for the good.
    2. According to Rashi (Bereisheet 1:1) Hashem partnered Din and Rachamim (apparently using it as a synonym for chesed)/ The Zohar also says that Avraham had junk (Yishmael) because he was completely chesed (this was also a reason for the Akeida – he had to do something against chesed so that we would have a balance). Yitzchak had Eisav because he was completely din. Yaakov was perfect because he combined them. Rachamim, BTW, is sometimes used to indicate this combination. For example, if a person is chayav mitta c”v Hashem might make him poor (see Nedarim 64b). He might further do it gradually so that the emotional blow is softened.

    in reply to: Tinuk Shenishbah #1615562
    Avi K
    Participant

    Laskern, unfortunately there are “rabbis” who claim ruach hakodesh and both say and do terrible things. This is nothing new. During the time of the Bayit Rishon there were false prophets. There were Shabtai Tzvi and Yaakov Frank ar”y. There is also the infamous “rabbi from the north in Israel”. Someone once even conned a married woman into doing an extremely serious aveira by claiming to be Eliau haNavi (see Responsa Binyan Tzion of Rav Yaakov Ettlinger 154).

    Shopping, the “big name rabbi” is Rav Dessler.

    in reply to: why were reshaim created? #1615168
    Avi K
    Participant

    FM,
    1. If you do not like the name why do you use it?
    2. You have not answered my question. What is the “real meaning” of
    עם הארץ, גבאי and חזן? Is it a separate spiritual language? If so, how can one speak it?

    in reply to: Should liberals grow up already? #1614851
    Avi K
    Participant

    Laskern, the more for the rich trickles down. More investments, more jobs.

    CTL, according to “Wesleyan University: A Brief History” in the 1060s it started to actively recruit black students. I guess you got what Asian-Americans are now getting from Harvard. Let’s see if SCOTUS will again uphold it. Interestingly, in the ’70s, as I noted, it sponsored study in Israel programs.

    in reply to: why were reshaim created? #1614844
    Avi K
    Participant

    FM.
    1. You’re memory is failing you (I am judging you favorably). You started the personal attacks on Oct 30 at 2:26 PM. Moroever, you are the one who chose your screen name.
    2. You have not answered my question regarding the difference between what a word is and how we use it. For example, the change in the meaning of עם הארץ from Bereisheet 23:7 to Ezra 9:1 to Pesachim 49b. If you want more examples, there is גבאי (originally a collector form לגבות) and חזן (originally the president of the congregation because he had to foresee, לחזות, their needs).

    in reply to: why were reshaim created? #1614845
    Avi K
    Participant

    You have also not responded to my point about “tot” and “fot”.

    in reply to: why were reshaim created? #1614540
    Avi K
    Participant

    Faker,
    1. What is the difference between how we use words and the actual language?
    2. The Shela haKadosh says that some words (e,g, “tot” and “fot”) were lost from Lashon haKodesh and preserved in foreign languages.
    3. The Tanach also introduces Persian words into Hebrew (e.g. meltzar). Does that mean that the Book of Esther is not written in Lashon haKodesh

    in reply to: Anti semitism in general #1614515
    Avi K
    Participant

    The Chatam Sofer criticized Jews who built very sturdy homes as lacking emunah. What will they do if Mashiach comes? Today it is even worse. People have fine leather-bound kinot meant to last forever. The Chafetz Chaim also criticized people who live high (whatever that meant in Radin). He said that one should minimize weekday expenditures as one never knows what will happen and Hashem will not reimburse.

    in reply to: Should liberals grow up already? #1614514
    Avi K
    Participant

    The point is that there is nothing antisemitic about depicting a liberal candidate as being a money grubber. I do admit though, that I would have picked something more imaginative like “Lesser means more – taxes”. Are you familiar with the story of the boy who cried “Wolf”?

    in reply to: Should liberals grow up already? #1614513
    Avi K
    Participant

    CTL, that is interesting as Wesleyan advertised study in Israel programs in the student newspaper of my alma mater (CCNY – which was still very Jewish) forty-five years ago when I was a student. In any case, this is not the first time that liberals have pulled this stunt. In fact, they are even trying to make political capital out of the Pittsburgh tragedy.
    .BTW, just out of curiosity, why did you apply to a Xtian university?

    in reply to: Is it Bittual Torah to learn to be a Marksman? #1614215
    Avi K
    Participant

    Stuart, Yaakov also prepared for war. I imagine that he took weapons training.

    CTL and Time, criminals will obtain guns no matter what. Today one can even print a gun from the Internet. After a wave of terrorist shootings in Israel the Minister of Public Safety eased the regs for gun licenses. Many attacks have been completely prevented or at least stopped because of armed civilians. However, to get a license one must show need (living in certain areas in considered an ipso facto need) or be a reserve officer in the IDF. Periodic weapons and psychological training are also required.

    in reply to: Tinuk Shenishbah #1614214
    Avi K
    Participant

    Dor, Rav Soloveichik , in fact, said that that is the lesson of the Holocaust.

    CA, you are correct. The Nazis ym”s did not know what to do about the Karates so they asked three Jewish professors. To save their lives they said that they are not Jewish. However, Rav Ovadia says (Yabia Omer 8:12) they are and it is even permitted to marry a Karaite who declares acceptance of Rabbinic Judaism although some Ashkenazic poskim rule that they need giyur l’chumra.

    Iacisrmma, TY for the post. Note that he said the word “shul” twice. Just one small point. It was not the exactly the anniversary of Kristallnacht . That was two days before. However, 18 Marcheshvan is the date of the meeting to make further plans.

    Time, there is a midrash that says that Hashem fired Eliahu for badmouthing Am Yisrael. Because he said that they did not do berit mila he has to come to every berit.

    in reply to: why were reshaim created? #1614225
    Avi K
    Participant

    Faker, Lashon haKodesh changes and sometimes “converts” foreign words/ Sometimes the opposite happens. The Shela HaKadosh says this about learning four parshiot in tefillin from “tot” and “fot” in foreign languages. For example, in this week’s parsha the term “am haaretz” refers to the elite.

    Laskern, they can be two sides of the same coin. for example, one who does din with reshaim does chesed for tzaddikim. Even with the same person din can really be chesed as it directs him.

    in reply to: Anti semitism in general #1614232
    Avi K
    Participant

    Laskern ,he does not say that. He says that if we start to assimilate there will be antisemitism in order to remind us who we are.

    in reply to: Is it Bittual Torah to learn to be a Marksman? #1614231
    Avi K
    Participant

    On the contrary, Time. He was in favor of military service for Jews so that we would be prepared for our own state.

    in reply to: Tinuk Shenishbah #1613737
    Avi K
    Participant

    The, another fake story. In fact, the CI met with BG and they had a discussion regarding whose camel was more laden and therefore should go first. The CI also said that the observant would eventually win because they have many more children.

    Laskern, TY for the correction.

    Rav Kook (Iggerot HaRaya vol. 1 pg. 170-171) wrote a letter to a rav whose sons all became communists and counseled him not to hate them and even to help them. He compared the spirit of the times to an evil seductress (see also on this Sanhedrin 26b Tosafot d”h hechashud). Rav Yosef Ettlinger was also of this view (Responsa Binyan Tzion HeChadashot 23) as does Rav Asher Weiss (Responsa Minchat Asher 1:10). If you have an hour he has a whole shiur on the subject online You can google (מחלל שבת בפרהסיא (תשע”ז.

    in reply to: why were reshaim created? #1613717
    Avi K
    Participant

    Laskern, the Tifferet Yisrael points out that ambam says that Hebrew is called Lashon haKodesh because it has no bad words. Rather he says that the reason is found on Sanhedrin 5b where a serious mistake was made due to either someone who did not speak clearly or talmidim whose did not hear clearly.

    in reply to: Protecting ourselves #1613564
    Avi K
    Participant

    After the Har Nof massacre Rav Asher Weiss ruled that all of his congregants who have gun licenses should bring them to shul.

    in reply to: Tinuk Shenishbah #1613562
    Avi K
    Participant

    Joseph, Rav Moshe does not say that. On the contrary, he says that in our time someone who desecrates Shabbat does not do so because he has renounced Judaism but for some imagined benefit.

    Rambam (Hilchot Mamrim 3:1) says that the Karaites in his time were condiderd tinokkot shenishbu because they were raised in their beliefs. This is exactly analogous to today’s non-observant Jews. They truly believe that religious commandments are optional. Non-observant coworkers even used the words “prohibited to you” . The Rema (YD 340:5 in the name of the Or Zarua) apparently rules like him.

    in reply to: why were reshaim created? #1613433
    Avi K
    Participant

    This sounds like the argument over masechet Beitza. The Tifferet Yisrael says at the beginning of the masechta that the Gra’s son said that he Gra said “beitza”:. He gives an interesting reason for the change. Look it up.

    in reply to: why were reshaim created? #1613432
    Avi K
    Participant

    Thinker, in Israel it is not used. FYI, i was in a shiur given by a a rabv who learned in Kol Torah and he said לסבר.

    in reply to: why were reshaim created? #1612537
    Avi K
    Participant

    Fake Maven, you are indeed. Rambam says that Hashem’s “middot” are actually expressions of His will. What we cannot know is what He is.

    Laskern & FM, להסביר את האוזן means that you are explaining the ear.
    לשבר את האוזן is no longer used as it means to smash it (although the Academy of the Hebrew Language points out that it is meant figuratively – to break the barrier to the intellect). The expression is
    לסבר את האוזן. That is to say, to make the statement appear reasonable (סביר),

    in reply to: why were reshaim created? #1612206
    Avi K
    Participant

    Laskern, that is what I wrote.

    in reply to: why were reshaim created? #1612139
    Avi K
    Participant

    ובגלל הדבר הזה הדעת האמיתי אצלי לפי האמונות התוריות והנאות לדעות העיוניות הוא שלא יאמן בנמצאות כולם שהם מפני מציאות האדם אבל יהיו גם כן שאר הנמצאות כולם מכוונות לעצמם לא מפני דבר אחר. ותבטל גם כן שאלת התכלית בכל מיני הנמצאות ואפילו לפי דעתנו בחידוש העולם. שאנחנו נאמר כל חלקי העולם המציאם ברצונו – ומהם מכונים לעצמם ומהם מפני דבר אחר האחר ההוא מכון לעצמו. וכמו שרצה שיהיה מין האדם נמצא כן רצה שיהיו השמים וכוכביהם נמצאים וכן רצה שיהיו המלאכים נמצאים – וכל נמצא אמנם כון בו עצם הנמצא ההוא ומה שאי אפשר מציאותו אלא אחר הקדמות דבר המציא הדבר ההוא תחילה כהקדים ההרגשה לשכל. וכבר נאמר זה הדעת גם כן בספרי הנבואה – אמר “כל פעל יי למענהו” אפשר שיהיה זה הכינוי שב אל הפעול; ואם יהיה שב אל הפועל יהיה פרושו למען עצמו ית’ – רצונו לומר רצונו שהוא עצמו כמו שהתבאר בזה המאמר. וכבר בארנו שעצמו ית’ יקרא גם כן ‘כבודו’ באמרו “הראני נא את כבודך” – הנה יהיה גם כן אמרו ‘כל פעל יי למענהו’ כאמרו “כל הנקרא בשמי ולכבודי בראתיו יצרתיו אף עשיתיו” – יאמר כל מה שיוחס לי פעולתו אמנם עשיתיו למען רצוני לא זולת זה; ואמרו ‘יצרתיו אף עשיתיו’ הוא מה שבארתי לך שיש נמצאות אי אפשר מציאותם אלא אחר מציאות דבר אחר – אמר אני יצרתי את הדבר ההוא הראשון אשר אי אפשר מבלתי הקדימו כחומר על דרך משל לכל בעל חומר; אחר עשיתי בדבר ההוא הקודם או אחריו מה שהיתה כונתי להמציא. ואין שם אלא רצון לבד:

    Guide 3:13 Ibn Tibbon translation

    in reply to: why were reshaim created? #1612002
    Avi K
    Participant

    Laskern, He did not create to become greater but to fulfill a desire to give.

    in reply to: why were reshaim created? #1611945
    Avi K
    Participant

    Laskern, Rav Ashlag says in Torat Eser haSefirot that it was created because Hashem wanted to give. Rambam in Moreh Nevuchim that nothing was created for us per se. It was all created for Hashem.

    in reply to: why were reshaim created? #1611547
    Avi K
    Participant

    Stuart, Rabbi Avram Belinski a.k.a. Gene Wilder fainted.

    HaLeVi, what do you mean by “active”? Free choice is a fundamental principle of Judaism.

    1.41421356237309504880168872420969807856967187537694807317667973799…, some say that Hashem could know but does not look. I think that it is also possible that it is a matter of probability. Moreover, according to Rav Dessler (Kuntras Nekudat haBechira) tzaddik and rasha are relative to the individuals givens. For example, a person who was born into an assimilated family will have an easier judgement than someone born into a yeshiva family. This is in line with Rambam’s statement (Hilchot teshuva 3:2) that only Hashem knows the magnitude of mitzvot and aveirot even though in the first chapter he seems to say that the magnitude of aveirot is based on the punishment.

    in reply to: Muslims vs Jews #1611548
    Avi K
    Participant

    HaLeVi, people write the darndest things. In any case, we already took over. The Israeli police have no trouble limiting Moslems who can go there. The fact that the Bet haMikdash has not yet been built is because of halachic problems as well as the fact that we are not yet on the requisite spiritual level.

    in reply to: why were reshaim created? #1611368
    Avi K
    Participant

    Laskern, the Gemara also does not discuss electricity. Should we be like the Amish? Both Ramban and the Arizal discuss gilgulim so the subject is definitely normative Judaism.

    in reply to: why were reshaim created? #1610758
    Avi K
    Participant

    Laskern, I heard that the Maggid of Wilkommer screamed against that Tifferet Yisrael and proved from pesukim that it is incorrect. Later someone found similar stories about Socrates and Aristotle. However, I did read recently about a neuroscientist named James Fallon who discovered to his shock that his brain scan matched those of psychopathic murderers although he is happily married and has never been in trouble with the law. He wound up writing a book about it called The Psychopath Inside: A Neuroscientist’s Personal Journey into the Dark Side of the Brain.

    in reply to: Muslims vs Jews #1610562
    Avi K
    Participant

    HaLeVi,
    1. Islamists recognize the right of non-Moslem monotheists to live i their countries but as second-class citizens (dhimmi).
    2. The Brits did not incite hatred they simply empowered those who did such as the Mufti ym”s.
    3. a. True. Emir Faisal was in favor of a Jewish state so long as Moslems would have freedom of religion.
    b. They allowed it but again they did not incite it themselves.
    4. I would also say the converse. Religions sometimes become ethnic or ideological groups. For example, when someone was asked if there were atheists in Northern Ireland he was told that there were many but some were Catholic atheists and some were Protestant atheists.
    5. The fact of the matter is that our claim to EY is religious. BG even said that our title deed is the Tanach. Similarly, the Arabs cannot compromise because of a religious claim or fear of those who have a religious claim.

    in reply to: Peace Plan #1610433
    Avi K
    Participant

    646, why can’t they? Ben-Gurion did. In any case, they have no real leadership and, as I posted, after Abbas goes the situation will completely disintegrate.

    in reply to: Peace Plan #1610224
    Avi K
    Participant

    646,
    1. a. The Iranians don’t attack because they still do not have long-range missiles and are busy in Syria. The Saudis have made peace with the idea that Israel is here to stay. They are also mostly concerned with Iran. There is an Arabic saying that the enemy of my enemy is my friend.
    b. If Arafat would not accept 99% and certainly would not recognize Israel what will the much weaker Abbas do? Besides, he obviously lies the present situation, as does Hamas, because he has not declared a state.
    c. Abbas is 83, sick and has no successor. What will happen after he goes?
    d. Do you believe that Hashem gave it to us? If so, would you agree to share your house with someone who comes in and squats?
    3. I agree regarding economic cooperation but that does not require giving them a state. There can be some kind of extraterritorial Jordanian arrangement.

    in reply to: What Kind Of Headline Is “Chareidi Murderer” #1609962
    Avi K
    Participant

    L, I started on thread on that subject. You are invited to comment.

    in reply to: Muslims vs Jews #1609961
    Avi K
    Participant

    Akuperma,

    1. In the case of EY the Brits did more than that. They violated the Mandate by severely limiting Jewish immigration and encouraging Arab immigration.

    2. I do not know what are the relative levels of piety among different Arab groups. In J-S they are mostly secular except in the Hevron area but Gaza is pretty Moslem. I also do not know how you define a religious Jewish state. Shabbat and Jewish holidays are legal days of rest and non-essential government employees even are off for Chol haMoed. The Army is kosher and does not allow chametz to brought onto bases during Pesach (tough on Druze soldiers). Jewish law (Mishpat Ivri) has legal standing and is not only often cited in legal opinions but the Knesset has a full-time employee who researches halachic aspects of proposed laws (I know him personally) and the ministry of Justice has a whole section for Jewish law.

    3. Jewish-Arab criminal activity mainly involves Arabs who hold Israeli citizenship. Like their law-abiding brethren they know on which side their bread is buttered.

    in reply to: Rav Yitzchok Lichtenstein shlita, Rosh Yeshivas Torah Vodaath #1609998
    Avi K
    Participant

    Why is being able to speak in broken German considered an accomplishment?

    in reply to: Peace Plan #1609958
    Avi K
    Participant

    1. You have not addressed my point about terrorist attacks. We have no idea how many are nipped in the bud because the IDF and Shabak have freedom of movement in J-S. You have also not explained why Hamas is not afraid (it is obvious why Israel has not obliterated Gaza).

    2. The Arabs in J-S never had self-rule. They were first ruled by the Turks and then the British. Under Jordan they were subjects of an absolute Bedouin monarchy. They are a non-people.

    3. On the contrary, as I previously posted Israeli businesses do invest in J-S and hire Arabs for much more than they could get under Abbas’ kleptocracy. There are also joint ventures between Jewish and Arab entrepreneurs. However, the BDS is trying to push them out and the kleptocrats are not telling them to shut up.

    in reply to: What Kind Of Headline Is “Chareidi Murderer” #1609645
    Avi K
    Participant

    ChadGadya, see http://beta.hebrewbooks.org/pdfpager.aspx?req=53344&pgnum=236

    According to Rav Charlap (Mei Marom Bamidbar vol. 11 p. 167)

    עצם הדין שהבועל ארמית חייב מיתה אינו אלא בזמן שיש קנאים. שאלה מתוך הרגשתם בקדושת ישראל ורוממותם, באים לגלות את הקדושה הזאת, ומתוך זה מתחייב הלה מיתה. אבל כאשר אין קנאים, ואין כאלו המתעוררים על עומק קדושתם של ישראל, באמת אין הלה חייב מיתה. חיוב המיתה מכח הקנאי הוא בא, ולא מצד הבועל. ובזה מובן … כיצד היה מותר לו (=לזמרי) להרוג את פינחס, עד שאפילו לא יתחייב על כך. אבל לדברינו שחיוב המיתה בא דווקא כאשר הקנאים פוגעים בו ולא קודם לכן, נמצא שלפני שנהרג זמרי, לא היה הוא באמת חייב מיתה

    In any case, the deed must be done in front of ten Jews exactly at the time of the deed (Rambam, Hilchot Issurei Biah 11:4). If the boel kills the kanai he is exempt from punishment. I would imagine that there would have to be a trial to determine if the killer is really a kanai. There might even be a determination by the authorities in their right and duty to maintain public order (mishpat hamelech) that no one today is on that level, as Rav Charlap suggests.

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