Avi K

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  • in reply to: Uman #1574875
    Avi K
    Participant

    Yytz, I have not seen the exact letter or what RTY wrote so I cannot comment. However, in later years he very much de-emphasized his father’s Chassidic influences. You are correct though that anyone can call himself a Breslover (just as anyone can call himself a Chabadnik). This is also a negative as a Chassidut without a rebbe is like a ship without a captain. This leads to all sorts of distortions (e.f. NaNachs and Yechis) who reflect badly on the whole group. BTW, when someone suggested forming a network of “Batei Avraham” Rav Kook said “don’t make Kookistim”. He believed that all groups in Troah have some truth and one should take from all.

    in reply to: Ym”s? #1574623
    Avi K
    Participant

    G, he was obviously not feeling well at all. The fact of the matter is that in those circles the askanim make the decisions and manipulate the gedolim. According to Rav Simcha Kook Gafni lied to Rav Eliashiv to get him to approve joining Sharon’s coalition. Rav Kaminetzky even wrote in a letter to someone that he signs what his rabbanim recommend. Another possibility is that being that Lapid does not have brothers (only two sisters) the proof of yibum falls away.

    Laskern, so what? Where does it say that there is no yibum for a mumar l’chachis?

    in reply to: Ym”s? #1574453
    Avi K
    Participant

    G, Rav Shteinman was obviously not feeling well. In any case, he is a daat yachid.

    BY, we do not pasken directly from a mishna. Sometimes there are contradictory mishnayot. Sometimes it is not l’halacha.

    CA, please cite your source.

    in reply to: Uman #1574343
    Avi K
    Participant

    YYtz,
    1. Rav Kook saw the positive side of Chassidut and was himself a descendant of the Baal haTanya. However, he also had strong criticisms of its attitude towards rebbes. I never heard that he considered himself tם be a gilgul of RN.

    2. See Mishpat Cohen 147 in which Rav Kook dounts that there is any mitzva to go to a tzaddik’s grave. Furthermore, he states that going to see one’s rav is only a live rav (Rav Tuchichinsky brings down in Gesher haChaim 2:25 that one who talks to a dead person may be over on derisha el hamitrim and if he prays to him on avoda zara).

    2. Rav Tzvi Yehuda (his only son) certainly did not almost become a Breslover. In fact, he was very much a mitnagged and said that his Torah is a continuation of the Gra’s. In any case, almost never counts except in ring toss and hand grenades.

    in reply to: Uman #1573291
    Avi K
    Participant

    Yytz, if the grave has the kedusha of EY why not live there already? Besides, they are giving parnassa to a people who antisemitic cruelty even shocked the SS ym”s. They even have a city call Chmielnitzky and a statue of him ym”s in the center of Kiev. Moreover, as Rav Kook pointed out, EY has the greatest tzaddikim of all time – the Avot and Emahot. According to RN’s sheeta that is at least double kedusha. BTW, both
    Rav Ovadia and Rav Mazuz blasted them for going on Rosh HaShana and leaving their families.

    in reply to: Ym”s? #1572927
    Avi K
    Participant

    1. Rav Sonnenfeld, the Ponevicher Rav and the Chazan Ish all vehemently prohibited saying it about a Jew, even a mumar. The proof is that if a mumar dies childless his wife needs either chalitza or yibum (SA EH 157:5) – and that continues his name.

    2. יורה דעה ס’ שמ סע’ סעיף ה
    העומד בשעת יציאת נשמה של איש או אשה מישראל חייב לקרוע. (טור בשם רמב”ן וב”י אף לדעת רש”י) ואפילו אם לפעמים עשה עבירה לתיאבון או שמניח לעשות מצוה בשביל טורח.

    הגה: אבל רגיל לעשות עבירה אין מתאבלין עליו (מרדכי סוף מ”ק) וכל שכן על מומר לעבודת כוכבים (שם ופוסקים וכן מוכח מש”ס פי’ נגמר הדין וכמה דוכתי) וי”א שמומר שנהרג בידי עובד כוכבים מתאבלים עליו (הגהת אשיר”י פרק א”מ וא”ז) וכן מומר קטן שהמיר עם אביו או אמו דהוי כאנוס (מרדכי ה”א בשם ר”י ומביאו ב”י סימן שמ”ה) וי”א דאין מתאבלין וכן עיקר (שם בשם ר”ת). הפורשים מדרכי צבור אע”פ שאין מתאבלין עליהם מתאבלין על בניהם (א”ז) (ועיין לקמן סימן שמ”ה).

    Thus we certainly mourn those who were raised in non-observant homes.

    3. Rav Kook explains that there are two parts to being a poresh midarchei tzibbor:
    a. Not keeping mitzvot.
    b. Not wanting to be considered a Jew

    Today’s secular Jews consider being called non-Jews fighting words so they are not in this category.

    in reply to: Uman #1572332
    Avi K
    Participant

    Wolf, the Kotzker said that the world is a mashal and the nimshal is money. The Ukrainians profit. Tour operators profit. Airlines profit. A few years ago some breslovers wanted to reinter Rabbi Nachman in EY, which he certainly would have wanted. The Ukrainian government adamantly refused. There was a similar promo about Rabbi Elimelech’s grave and within EY there is Amuka (Yonatan ben Uziel’s grave).

    Takes, they learned Torah. They made aliya.

    in reply to: Alex Jones Banned From Social Media #1572185
    Avi K
    Participant

    Takes, by whom? If you are asking why they were not arrested or why they were not put in cherem as I am not the spokesman of either the police or any rav nor am I privy to their internal discussions I do not know.

    in reply to: Alex Jones Banned From Social Media #1572095
    Avi K
    Participant

    AJ, putting something in the law that is not there would be a new high in judicial activism. I doubt very much if the conservatives Trump has appointed would go anywhere near that far.

    Laskern, in that case, anyone who criticizes anyone is guilty of incitement. You should make aliya and join a leftist movement the way you wave that bloody shirt. However, I definitely do not suggest that you give up your day job.

    in reply to: Is the goverment responsible to implicate the 7 mitzvos #1571574
    Avi K
    Participant

    1. According to some poskim capital punishment is only the maximum penalty but a Noahide court may impose a lesser penalty (Chelkat Yoav Tanyana 14; Rabbi J. David Bleich, “Mishpat Mavet Bedenai Benai Noach,” Jubilee Volume in Honor of Rav Joseph D. Soloveitchik 1:193-208 (5754); Rav Aharon Soloveichik, “On Noachides”, Beis Yitzchak 19:335-338 (5747)).

    2. According to Ramban a Noahide judge may refuse to try someone.

    3. According to Ramban, Rabbenu Tam and Rav Hirsch Shimon and Levi were wrong.

    in reply to: Alex Jones Banned From Social Media #1571535
    Avi K
    Participant

    DY &Takes, the leaders of the Peleg explicitly incite their followers. An analogous situation would if c”v someone who habitually agrees with DY would allegedly threaten someone. Clarence Brandenburg said much worse things but was cleared by SCOTUS (Brandenburg v. Ohio 395 U.S. 444 (1969)).

    in reply to: Alex Jones Banned From Social Media #1571371
    Avi K
    Participant

    DY, how so?

    AJ, at present the law in the US does not state that (in Israel it is different regarding terrorist posts). Social media sites are now totally immune for suits based on third-party posts with the exception of Federal criminal liability and intellectual property suits (Section 230 of the Communications Decency Act of 1996). Thus a suit against them by victims of terrorists (Cohen et. al vs. Facebook) was dismissed. This was the whole point of Sen Cruz’ essay. The law can be amended.

    in reply to: Suicide #1571244
    Avi K
    Participant

    Sometimes Hashem does give a test that is to hard for reasons we do not know. On a lesser scale, failure can be positive as it directs a person away from where he should not go.

    in reply to: Going on Vacation without a Minyan #1571239
    Avi K
    Participant

    If it is in EY it is definitely permitted as it is a mitzva.

    in reply to: Is the goverment responsible to implicate the 7 mitzvos #1570906
    Avi K
    Participant

    For what crime should they be implicated? If you mean “implement” it is a machloket between Rambam (Hilchot Melachim 9:14) and Ramban (Bereisheet 34:13 at the end).

    in reply to: Alex Jones Banned From Social Media #1570911
    Avi K
    Participant

    It, the Gemara quotes him in several places (for example, Baba Batra 98b). Some say that Rabbi Akiva’s statement only applies to those who are kovea itim. Others say it only applies to those who consider them kodesh.

    RY, no one says that free speech is absolute. That would lead to much greater problems than ruining a platform. Thus, for example, libel and slander are actionable, there is the “clear and present danger” rule, etc.

    in reply to: Different Circles Of Yidden Can Experience Great Unity – Achdus #1570734
    Avi K
    Participant

    Yanky, which definition of rasha do we use? According to Rambam (Hilchot Teshuva 3:1) he is someone whose aveirot outweigh his mitzvot. According to the Mechaber (SA CM 34:2-3) he is someone who has knowingly violated any halacha and not done teshuva . The Baal haTanya (Likutei Amarim c. 11) has a more general definition that we cannot know: someone whose animal soul is more powerful than his divine soul. It would seem that many frum Jews at least fit the Mechaber’s definition: those who cheat on their taxes, run scams, say lashon hara for starters.

    As for members of other movements and their leaders, the former are all tinokkot shenishbu. Even most of the leaders are in that category. I once heard a Conservative (if I remember correctly she was clergy) ask why it matters how many melachot one does with one action being that one can only be killed once. Apparently she never even heard of a chattat.

    in reply to: Alex Jones Banned From Social Media #1570639
    Avi K
    Participant

    I agree. Rav Kook, in fact, says on this in one of his letters “אי-אפשר לצמצם”. Some wanted to ban ספר יחזקאל and שיר השירים. In Europe מורה נבוחים was burned and all of the Ramchal’s books were put in cherem. Many other of our books were censored.

    The question regarding social media is whether or not they are public forums. Courts have already decided (see, for example, Davison v. Loudoun County Board of Supervisors et al, E.D. Va. 2017) that public officials may not block people from their accounts for writing comments they don’t like. The big question is whether the managements of the media outlets can. Of course, Congress might be able to step and compel them under the Interstate Commerce clause or be bludgeoned by loss of immunity for posts as Ted Cruz has stated (see his essay “Facebook has been censoring or suppressing conservative speech for years” ).

    in reply to: Why do anarchist movements have leaders? #1570637
    Avi K
    Participant

    1, actually in The Communist Manifesto Marx also predicted that the state will wither away. Rambam, at the end of Mishna Torah says that about the time of Mashiach

    ובאותו הזמן לא יהיה שם לא רעב ולא מלחמה ולא קנאה ותחרות שהטובה תהיה מושפעת הרבה וכל המעדנים מצויין כעפר ולא יהיה עסק כל העולם אלא לדעת את ה’ בלבד ולפיכך יהיו ישראל חכמים גדולים ויודעים דברים הסתומים וישיגו דעת בוראם כפי כח האדם שנאמר כי מלאה הארץ דעה את ה’ כמים לים מכסים

    Thus it would seem that there will be no need for states except perhaps as cultural groupings. However, until that time there will need to be states. How extensive depends on the moral level of the world and individual nations as the Netziv says ( He’emek Devar on Devarim 17:14):

    “ואמרת: אשימה עלי מלך” – אין הפירוש “אמירה” כמשמעו בפה, אלא כלשון (דברים יב כ): “ואמרת אוכלה בשר”וכדומה.

    אכן, לפי לשון זה היה במשמע שאין זה מצווה במוחלט למנות מלך אלא רשות, כמו ‘ואמרת אוכלה בשר’; והרי ידוע בדברי חז”ל דמצווה למנות מלך! ואם כן, למה כתיב ‘ואמרת’?

    ונראה, דמשום דהנהגת המדינה משתנה, אם מתנהג על פי דעת מלוכה או על פי דעת העם ונבחריהם, ויש מדינה שאינה יכולה לסבול דעת מלוכה, ויש מדינה שבלא מלך הרי היא כספינה בלי קברניט, ודבר זה אי אפשר לעשות על פי מצוות עשה, שהרי בעניין השייך להנהגת הכלל נוגע לסכנת נפשות שדוחה מצוות עשה, משום הכי לא אפשר לצוות בהחלט למנות מלך, כל זמן שלא עלה בהסכמת העם לסבול עול מלך, על פי שרואים מדינות אשר סביבותיהם מתנהגים בסדר יותר נכון, או אז מצוות עשה לסנהדרין למנות מלך

    It, while some of the Hilltop Youth are indeed anarchists (and, in fact, they are dropouts from the religious educational system) some allegedly want to overthrow the government and substitute a “Torah” kingdom (although so far as I know they have not decided which of them will be the King).

    in reply to: Different Circles Of Yidden Can Experience Great Unity – Achdus #1570644
    Avi K
    Participant

    Avram, respecting diversity includes respecting my right to object to a word, make fun of Jargon, etc.

    NP, a custom against Chazal has no status. What if someone’s family custom were to drive to shul on Shabbat? In any case, as I wrote, there are other mitzvot involved and, IMHO, they push off some family chumra. If he wants to be a big machmir let him do a hattarat nedarim and then keep it b”n except in extenuating circumstances. Rav David (HaNazir) Cohen’s son Rav Shaar Yishuv did this regarding nezirut and then abandoned it at age sixteen.

    in reply to: Different Circles Of Yidden Can Experience Great Unity – Achdus #1569870
    Avi K
    Participant

    Knaidlach,

    1. What about someone who does not want to be called a Yid, either because he wants to leave knows that the word is often a pejorative, wants to Jargon to philologists or is a proud non-Ashkenazi?

    2. See Pitchei Teshuva YD 116:10 that there is an opinion that someone who does not accept an observant Jew’s word that his food is kosher is a heretic as he opposes Chazal, who said that a single witness is believed regarding prohibitions. As for his kashrut not being up to “your standard”, what about one’s standard in ben adam l’chaveiro, avoiding mechzi k’yuheira, etc.?

    in reply to: Why do anarchist movements have leaders? #1569299
    Avi K
    Participant

    RY, now you are posuling anarchists? Is there Open Anarchy and Ultra-Anarchy?

    in reply to: President Donald Trump, Oheiv Yisroel Par Excellence #1569300
    Avi K
    Participant

    Icemelter, it didn’t happen. Not only that, it looks like Trump is going to ditch the PA. Meanwhile, his Press Secretary’s father is talking about buying a house in Efrat.

    Joseph, then kal v’chomer, ben beno shel kal v’chomer we should add one for the success of the Israeli government. I appoint you to write it.

    in reply to: Parnassa from Hashem? #1569116
    Avi K
    Participant

    Catch, after expenses (malpractice insurance, secretary, equipment, office rental, etc.0 the doctor might make less than the trucker. I worked in the actuarial field and once the VP fr the Actuarial Division commented that the high point of his career was when he made as much as a LIRR conductor. IMHO, a person should do what does l’shem Shemayim. That is to say, he should feel that he is doing what Hashem wants him to do in order to better the world i n some fashion.

    in reply to: Why should we have to prove our humanity? #1569103
    Avi K
    Participant

    Laskern, that does not mean that there has to be an insulting message.

    Akuperma, the Chacham Tzvi says that a golem cannot be counted in a minyan so presumably a computer cannot convert.

    in reply to: Parnassa from Hashem? #1569102
    Avi K
    Participant

    Yitzyk, just because a man is independently wealthy does not necessarily mean that he should learn in kollel. Not everyone is suited to learn all day. It could be that his avoda is public service of some kind.

    As for the general topic, my understanding is that being that a person has no way of knowing what was decreed for him or how much personal effort he must make he must do all that he can. After the fact if it does not work out he can say that Hashem said “No”.

    in reply to: Why do anarchist movements have leaders? #1568830
    Avi K
    Participant

    I have a friend who once said that he supported anarchism on condition that he be the Anarch. In any case, anarchism only seeks to eliminate the state. It does not necessarily eliminate other forms of authority. For example, anarcho-capitalists like Murray Rothbard think that insurance companies can do the job of protecting people from crime and volunteer militias from foreign invasions (of course, if there would be no states at all the latter would be irrelevant).

    in reply to: Is Yiddish Holy? #1568831
    Avi K
    Participant

    Singer said that the wives of all the Yiddish writers in Poland spoke to their families in Polish.

    in reply to: $15 an Hour Minimum Wage #1568313
    Avi K
    Participant

    It,
    1. IDK. in any case, a Jewish king is a constitutional monarch not an absolute monarch. He has checks and balances: the Sanhedrin, the nevi’im and the Bet haMikdash aristocracy. according to Radak (interestingly against Abarbanel) not only does one ignore a royal command contrary to a mitzva but the people have an obligation to rebel against a despotic king. In fact, according to the Yerushalmi (Horiot 3:2) the David was removed from office by the people.

    2. Who says that they are considered low ranking presidents because of that? For that matter, who says that they are considered low ranking presidents?

    in reply to: $15 an Hour Minimum Wage #1567989
    Avi K
    Participant

    Abarbanel is an outlier? Apikorsut!

    in reply to: $15 an Hour Minimum Wage #1567784
    Avi K
    Participant

    It,

    1. If a vet is not qualified for a job why would any sane employer hire him? The answer is job training. I would add that the student loan program should be junked as it only encourages bloated tuition fees and useless majors. The merit system should also be restored. CCNY was the gateway to the middle class for thousands of children of immigrants, mainly Jews, when it was a meritocracy. When Open Admissions went in in went down the tubes. In fact, I would restore the apprentice system, along with formal courses, for professions. Washington never attended college but was a surveyor. Lincoln never even earned a BA but was a successful lawyer. Truman also never attended college.

    2. Abarbanel also opposed monarchy. He believed, based on bitter experience and the record in the Tanach, that it will always lead to despotism. He considered the republics of Venice and Florence to be models for government.

    in reply to: Are some Jewish schools worse than Pharaoh? #1566747
    Avi K
    Participant

    The Israelites did not ask Pharoah for scholarships.

    in reply to: $15 an Hour Minimum Wage #1566746
    Avi K
    Participant

    CTL,
    Having multiple businesses also has a cost. I knew someone who owned a hardware store and then decided to open a second store. He was working so long that his marriage fell apart. Then both stores failed. A healthy work-life balance also makes one a better worker. In fact, according to Halacha an employee may not moonlight without permission as it could harm his performance.

    in reply to: $15 an Hour Minimum Wage #1566478
    Avi K
    Participant

    It, learn it yourself. The very first mishna says that all is according to local custom. Moreover, the employee can accept a condition not in accordance with the custom. In fact, in monetary matters two parties can even make a condition not in accordance with Torah law (SA CM 296:5).

    in reply to: $15 an Hour Minimum Wage #1566371
    Avi K
    Participant

    It, do you consider the Baal haTanya to have been an apikoros c”v? Here is what he wrote (Iggerot Kodesh #22):

    My dear friend….”Remember the days of old, understand the years of every generation” – has there ever been anything like this since the beginning of time?! Where, in all the books of the scholars of Israel, whether the earlier or later ones, have you ever seen such a custom instituted, to ask about a secular question, such as what to do in some mundane matter, even from the greatest of the early wise men of Israel, such as the Tannaim and Amoraim…but rather [people would turn to] actual prophets, such as there used to be, such as Shmuel the Seer, to whom Saul went to ask about the donkeys which his father had lost. But in truth, all matters relating to a person, other than something having to do with Torah or fear of heaven, are not apprehended other than through prophecy, and not by a wise man. As our rabbis have taught, “Everything is in the hands of heaven other than fear of heaven…” And when our rabbis zt”l said that people “derive benefit from him [from a talmid chacham] by advice and sound wisdom,” this refers to words of Torah, which is called “sound wisdom” [Translation from Rabbi Alfred Cohen in his article on Daas Torah]

    Being that we do not have prophesy we must rely on professionals. For example, if we want to know if someone must eat on Yom Kippur we ask a doctor, even if he is not Jewish. Similarly, in matters of Economics we ask economists. The Halacha, as Rav Chaim David haLevi says, only sets the goals, not the means.

    in reply to: $15 an Hour Minimum Wage #1566316
    Avi K
    Participant

    It, how so? Is there a halachic view on which model car to buy? The Baal haTanya complained bitterly about people who bother rabbanim with questions on secular matters. Of course, if a rav is also an economist one can ask him in his economist role. Rabbi Prof. (Emeritus) Israel Kirzner is an example (and BTW, his teacher in Economics was Ludwig von Mises, who was an anti-religious Jew).

    in reply to: $15 an Hour Minimum Wage #1565965
    Avi K
    Participant

    No. In fact, technically a worker can agree to accept any condition as in monetary matters a condition always applies – even against a Torah law. Secular law does not allow it and it may have a halachic status.

    However, according to most economists it causes unemployment by pricing labor above the value of its production. It is also inflationary as there is more money. Both are functions of the Law of Supply and Demand. Thus it is counter-productive.

    As for the restaurant owner in Seattle, maybe he would have another six without the raise. Or maybe he cut labor costs. You, laskern, have committed the logical fallacy of post hoc ergo propter hoc (after this therefore because of this). Your statement is akin to someone saying “Hocus Pocus”, rain falling ,and then saying that the rain was caused by his statement.

    in reply to: Parnassa from Hashem? #1565239
    Avi K
    Participant

    MDG,
    1. No one today is on Yosef’s level.
    2. Rashi says that the wine steward was known as an ingrate who never helped anybody.
    3. A person has an obligation towards his employer to work as hard as he can. Even if he is self-employed he should still give his all. Thus, Yaakov asked the shepherds why they were sitting around doing nothing whether they were working for someone else or themselves,

    in reply to: Parnassa from Hashem? #1564257
    Avi K
    Participant

    BisBoy, the problem is that no one knows what is “extra” for him.

    in reply to: Is Baghdad Jewish Arabic holy? #1564096
    Avi K
    Participant

    DY, not true. When Israelis want to use vulgar words they use English or Arabic.

    in reply to: Parnassa from Hashem? #1564097
    Avi K
    Participant

    We are required to do hishtadlut. Chazal say that a man is obligated to teach his son a trade or profession and if he fails to do so he teaches him to rob and steal (Kiddushin 29a). In general, when something is given one must go out and get it. For example, a farmer must leave a corner of his field for the poor but they must come and collect what they need.

    in reply to: Is Baghdad Jewish Arabic holy? #1564063
    Avi K
    Participant

    It,
    4. I have never, ever heard that term. It also does not appear in the online Hebrew dictionary “Milog”.
    5. I do not know the statistics. However, I do know that Yiddish turned at least one perfectly acceptable German word word into a vulgar word.

    in reply to: Is Baghdad Jewish Arabic holy? #1563828
    Avi K
    Participant

    Its,
    1. The Gemara says it (Berachot 34b).
    2. A polyglot is someone who speaks many languages. It is not a language itself.
    3. Rav Ovadia says that the Israeli pronunciation is the correct one. He goes on to say that the various Ashkenazi pronunciations are distortions caused by the constant expulsions in Europe. He goes on to say that Ashkenazim should junk their Galut pronunciation already.It is certainly a mistake to emphasize the next to last syllable on most words. Not to mention mistakes like “shabbosim” (even in Ashkenazis it should be “shabbassos).
    4. I think that you made up “Achshavit”.
    5. Plenty of crudity is found in Yiddish literature and speech. Some of I.B. Singer’s stories are cases in point.

    in reply to: Is Baghdad Jewish Arabic holy? #1563495
    Avi K
    Participant

    Neville, the Klingons did teshuva. Where they stand a tzaddik gamur cannot stand.

    Yosef,
    1. As a matter of fact, there is a story about a woman who went into a butcher shop n Boro Park and spoke in Hungarian. When the butcher told her that he only spoke Yiddish and English she asked if he was Jewish.
    2. I was also thinking about medieval literary Arabic as all of the Sephardi philosophical literature was written in it.

    in reply to: Is Baghdad Jewish Arabic holy? #1563496
    Avi K
    Participant

    My point in all this is that there is only one holy language. One language that unites all of Am Yisrael. That language is Hebrew.

    in reply to: Is Yiddish Holy? #1562845
    Avi K
    Participant

    I thought that old (new) home is Eretz Yisrael. I guess some people have intention for the Pale of Settlement when they ask Hashem to bring us back to our land.

    in reply to: Is Yiddish Holy? #1562580
    Avi K
    Participant

    It, do you observe Tisha b”Av. If so you also are against being in galut.

    Ubi, I wrote “a modified version”.  <edited>  although I see now that it is not exactly Rav Goren’s nusach. Basically, it changes עיר to מקדש (and therefore lashon nekeiva to zachar – for example, בניו rather than בניה).

    in reply to: Is Ladino holy? #1562581
    Avi K
    Participant

    Joseph, the “design” is the galut. Up to the churban bayit rishon all Jews spoke lashon hakodesh.

    in reply to: Is Yiddish Holy? #1562354
    Avi K
    Participant

    Syag, Geula unfolds gradually (Yerushalmi Berachot 1:1). Since 5708 we have been in an increasing stage of Geula. As I live in EY I am not in Galut by definition (Rav Kook did say that there are some whose souls are in Galut even though their bodies are in EY but I hope that it does not apply to me). Thus, in my community we say a modified (by Rav Goren) nusach of “Nachem”.

    in reply to: What gives police the right to impound the car? #1562241
    Avi K
    Participant

    שו”ע חו”מ ס’ שסט סע’ ח

    וכן מלך שכעס על אחד מעבדיו ושמשיו מבני המדינה ולקח שדהו או חצירו אינו גזל ומותר ליהנות בה והלוקחה מהמלך הרי הוא שלו ואין הבעלים מוציאין אותה מידו (וכ”כ לעיל ס”ס רל”ז)

    אבל מלך שלקח שדה או חצר של אחד מבני המדינה שלא בדינים שחקק הרי זה גזלן והלוקח ממנו מוציאין הבעלים מידו כללו של דבר כל דין שיחקוק אותו המלך לכל ולא יהיה לאדם אחד בפני עצמו אינו גזל וכל שיקח מאיש זה בלבד שלא כדת הידוע לכל אלא חמס את זה הרי זה גזל:

    הגה: ואם חקק לבעל אומנות אחד כגון שחקק למלוה בריבית איזה דבר י”א דלא אמרינן ביה דינא דמלכותא דינא הואיל ואינו חקוק לכל (מהרי”ק שורש ס”ו) י”א דלא אמרינן דינא דמלכותא דינא אלא במסים ומכסים התלוים בקרקע כי המלך גוזר שלא ידורו בארצו כי אם בדרך זה אבל בשאר דברים לא (הרא”ש פ”ד דנדרים בשם הר”מ ומרדכי פ’ הגוזל בתרא) וי”ח וסבירא להו דאמרינן בכל דבר דינא דמלכותא דינא (מרדכי שם בשם התוס’ ות”ה סי’ ש”ט) ולכן המלוה על המשכון יכול למכרו אחר שנה הואיל וכן דינא דמלכותא (שם בשם ר”י בר פרץ) וכן הוא עיקר וכמו שנתבאר לעיל סי’ שנ”ו סעיף ז’:

    In Israel there is also the din of cherem hakahal.

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