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1. Nobody after Chazal, or perhaps the Geonim,can create a new halacha for all of Am Yisrael. However, the mara d’atra can create a takkana for his community. Moreover, obligatory minahim can spring up from the people. The classic examples are not eating kitniyot (which some Rishonim opposed) or gebruchts (which the Gra strongly opposed) during Pesach.
2. The Shela HaKadosh mentions that some had a minhag to only speak Hebrew on Shabbat. However, it never caught on. Perhaps because people’s conversational Hebrew was not good.
3. Regarding umbrellas, according to the Chatam Sofer (Responsa OC 72 – http://www.hebrewbooks.org/pdfpager.aspx?req=14663&st=&pgnum=54) it is not even an isur d’rabbanan. The Biur Halacha (315,7 d”h tefach) says:
“????? ???? ???? ????? ?????? ????? ???? ???? ???? ??? ???? ???? ?? ?????? ????? ?????? ???? ?? ?????? ?? ???? ?? ??? ????? ????? ???? ??????? ??? ?????? ?? ??????? ?????? ??”? ?????? ???? ?? ???? ??????? ??? ??? ?????? ??? ????? ?????”.
The Chazon Ish says that it is tikkun man and avsha milta (which I do not understand as that generally refers to noise) and adds that even in our time there is the power to make decrees for all of Am Yisrael (which is also very puzzling as there has no been a Sanhedrin for over 1,500 years).
However, the universal minahg is not to use it on Shabbat or Yom Tov (interestingly, certain types of hats which almost definitely have the din of tents are allowed because of minhag – Mishna Berura 301,151-152).
DY, I do not understand what “chadash assur min haTorah” has to do with it. I also do not understand the problem with the rider’s body moving. This is also true of walking. As for the Shailat Yaakov, he is talking about a place where there is no eruv. The problem of possibly going outside the techum also might not apply today as the area of continuous houses is enormous.
According to some poskim if your weight influences the amount of electricity used it is prohibited. Certainly if it was started by or for a Jew (or even if the majority of the users are Jewish).
The Ben ish Hai allowed it, and an acquaintance of mine told me that in his youth in Ntanya the Sepharadim rode bicycles to shul on Shabbat. However, Rav Mordechai Eliahu, who was a great-nephew of his, said that he was talking about a certain type of bicycle that was driven by an Arab – and even on that he rescinded his heter. I also heard that Rav Chaim Zimmerman was very upset with the reason for prohibiting it (maybe the chain will break and one will come to fix it) because there is no power to make new gezerot. However, today it is prohibited either because of that reason or uvda d’chol or minhag Yisrael. Regarding a tricycle, Shemirat Shabbat k’Chilkata (16,17) explicitly states that it is permitted in the home or even outside where there is an eruv as it is a toy. However, he says that it is a good idea to remove the bell.
Time, wrong. He was a Michigan(d)er. I doubt if he had Jewish neighbors as at that time there were restrictive covenants that barred selling to Jews. He would certailny have lived i such a neighborhood as he even thought that there were too many Jews in baseball.
Gavra, I was told by someone who was there that when Rav Moshe went to Catskills he wore a Panama hat.
Health, maybe because we were weak in the will to fight.
Time (BTW, ‘truth” in Russian is “pravda”),you forgot gerontocracy – the rule of the elderly.
Mdd, the Sephardi ketuba says that he will not take another wife without her permission. In any case, everywhere it is mentioned in Tanach there is trouble in the family. Once an Arab bragged to an acquaintance of mine that he is allowed four wives. He replied that that means four mothers-in-law. the Arab sighed.
Nisht, the point is that he compared writing a song to inventing a machine.
Here is the passage that is relevant to this thread:
????? ????? ?????? ??? ???? ??? ?? ????? ???? ??????? ???????? ?????? ???? ??? ?????? ????? ??? ???? ????? ?? ?????????? ??? ?????? ???. ??”? ?? ???????? ?? ????? ??? ???? ??? ??? ?????
Charlie, the good kings were not tyrants. There were also enlightened monarchs among the other nations. However, they were few and far between. Moreover, even a non-monarch can be a tyrant. Rav Lior said that the form of government does not so much matter. A good person will be a good king or PM and a bad person will be a tyant.
The were also kollelim before WW2 but they were restricted to the most advanced learners. In Lithuania there were also “kibbutzim” (!) which functioned like extended retreats today.
Joseph, in Israel there is also Chardal (Chareidi Leumi).
Gavra, actually the perush is Rashbam not Rashi. he is correct that the diagonal of a five by five square is similar to that of a four by six rectangle (the former is the square root of 50 and the latter the square root of 52)). I do not understand how Tosafot made the mistake that the former is greater then the latter, especially as they know that the the area is greater. They are also very close regarding the diagonal of the four by six (the difference can be put down to a scribal error). Chazal definitely knew the Pythagorean theorem as in several places they say that the diagonal of a one by one square is 1.4.
In any case, this is not Halacha but Geometry.
Akuperma, fanatics are in the eye of the beholder.
Joseph, you have an uncanny knack for being wrong. The term came to distinguish observant Jews from the non-observant (Chofshi’im). BTW, the English equivalent “Quaker” was originally a derogatory term used by King George I to William Penn, who would not take his hat off in deference to the king. Penn told the King that instead of worrying about silly thing like hats, he should be “Quaking before the Lord.” The King then responded “Get this quaker out of here!”
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???? ???? ???? ??? ????? ???????, ??? ????? ????? ???”? ?????? ????? ???????; ???
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??? ??? ????? ?????? ???, ??? ??? ??? ????? ???, ??? ??? ??? ??”? ????? ????; ???
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???? ???? ???? ???? ??? ??? ??? ?? ???, ??? ????? ????, ??? ???: ??? ?????? ???
???? ???, ???? ???? ??? ??? ?? ??? ?? ????? ?? ?????! ????? ?????.
?? ??”? ???? ??? ???? ?? ??? ???? ?
??? ??? ?????? ??? ????? ??????? ???? ??? ???????? ?????? ???, ??? ???? ???? ??????
???? ?????? ??????? ??????.
??”? ??? ????? ?, ?
?????? ????? ?? ?????.
??? ???? ??? ?, ??? ????, ???
??? ???? ????? ??? ??? ????? ????? ????? ?????? ?? ??? ??? ?? ?? ?????.
??? ???? (????? ???? ???, ??? ?, ???? ??)
?????? ???? ???? ???? ??? ???? ???? ???, ???? ???? ?? ????? ?????? ?? ??? ???? ????? ????, ???? ???? ????? ?????? ??????? ??? ?????? ??? ???? ????, ??? ???? ??? ????? ?? ?????? ???????, ?? ????? ????? ?????? ?? ?????? ???????, ???? ??? ???? ?????? ??? ?????. ??? ?????, ?? ????? ???? ??? ?? ??? ????? ??? ?????? ??????? ?? ?? ?? ??? ?????, ?? ????
???? ???.
Rav Moshe was asked if it is permissible to play his songs. He replied that being that his songs have no kedusha it would be the same as using a machine made by a mumar. I suspect that he specifically meant a car as he was from Russia and the Russian word for “car” is “machina”. In fact, Henry Ford ym”s enabled the average person to afford a car with his assembly line.
Truth, on the contrary. Maskilim ignored Rambam in favor of Spinoza.
Joseph so does the RCA.
Neville, I think that the evolving position on abuse is an example.
DY, the Mharshal (Chochmat Shlomo Sanhedrin 52) says that that does not apply if there is no nafka mina l’dina – and does so himself. Moreover, nobody ever died from a kashia. Resolving it is not arguing but clarifying.
Truth, no but my guess is as good as yours. Of course, we do the mitzvot because Hashem said so but there is also “nishma”. BTW, Rambam says that sacrifices were because of primitive practices.
Chareidim means “those who quake” (at Hashem’s word) and appears in Nevi’im. Rav Kook was opposed to such words as they prevent teshuva. Some who has this label thinks that it means that he is A-OK. The same can be said for “Chassidim” as was noted in an article on problems in that community.
DY, actually it was around before. “Charlemagne” means “Charles the Great”. While one of the Baalei Tosefort is Rabbenu Peter I do not know of a Charlie.
Dbrim, you heard wrong or you remember wrong. See the Wikipedia article on the Jewish tailor Jacob W. Davis under the title “The birth of jeans”
Gavra, Rav Falk is known to be extremely machmir. This has been a hallmark of popular halacha books since Rav Neuwirh was forced to retract leniencies in the first edition of “Shemirat Shabbat K’Hilchata” after being attacked and threatened with a cherem on the book. Read “UNDERSTANDING TZNIUT: Modern Controversies in the Jewish Community” by Rabbi Rabbi Yehuda Henkin also. If you have a practical question ask your LOR.
Charlie, are you now paskening for Moslems too. Why are we the only ones who get to have a chumra of the month club?
Popa, if he was someone named Charlie he did not have the status of Rabbenu Nissim even if he was a talmid.
Time, are you are a prophet that you know Hashem’s reasons? Perhaps a possible reason behind slavery, a dependent personality, has been sufficiently eradicated. However, it has not been completely eradicated. We have people who commit crimes in order to go back to prison as well as those who enslave themselves to phony “mekubalim” and an exaggerated idea of daat Torah that began with the Chassidic relationship to the rebbe.
Charlie, who is this professor and what is his proof? The Tzitz eliezer accepts it and those poskim who are meikal do not seem to dispute that the Ran wrote it. They simply hold like Rambam.
??”? ??? ??? (?????? ???? ???) ?’ ?
?”? ????? “???? ????” ?”? ????? ?????????, ????? ???? ?????, ???’ ???? ?????, ??? ??????? ????’ ??? ????? ???? ????? ?? ???. – ?”? ?????? ????? ????? ?????? ??? ?????? ??”?, ????”? ???? ??”? ??? ????, ???? ???? ??. ??? ?? ????, ????? ??????? ???? ?????? ???? ????, ??? ?”? ????”? ??? ???, ????? ????, ?? ???? ???? ???? ??? ??? ?????. – ?”? ?????? ????? ?”? ??, ??? ????? ????”? ??? ?????? ????? ??? ?? ????? ??”?. ??? ??? ??? ???? ????, ???? ???? ????? ?? ?? ??”? ??? ????? ???? ?????. ?? ?? ?”? ???”? ?? ????? ??? ?????? ?? ????’ ???? ???? ??? ????? ???”?. – ????”? ???? ?????? ???? ???? ??? ???? ?????, ?? ????? ?? ?????? ??????? ?????.
Sam, at that time there was a chumra to say ah”a. At least that is what the teshuva says to the best of my recollection. Bli neder I will look it up when I have time.
Gettingholld, I would say the opposite. Because they did not consider it a”z they attended. Rambam’s statement could either mean that they attended but did not pray or that they got out of attending. BTW, Rav Kook says that a shochet can say “Allh hu akbar” (Gd is great) when shechting for Moslems, as they demanded during one period.
Lesschumras (BTW, it is “fewer chumrot” as each chumra is important by itself), the vast majority of Protestants accept Trinitarianism. Notable exceptions are the various Unitarian denominations, which do not consider Yoshke to be more than a great teacher or prophet. Even some of those smaller denominations that do not are not purely monotheistic and/or accept Yoske as their god.
Sam, read it again yourself. For your convenience I will post a link:
http://www.hebrewbooks.org/pdfpager.aspx?req=14458&st=&pgnum=127 (?”? ????).
That is sad, Joseph. Chazal say that one should acquire a friend because he will point out one’s errors. The Tzemach Tzedek (of Lubavitch) said that the Chassidim owed a debt of gratitude to the Gra for keeping them from crossing the line and Rav Kook added that that is the general purpose of opposition.
Rav Moshe has a teshuva (Iggerot Moshe, Even HaEzer 1,96), which many think is about Shlomo Carlebach, in which he said that songs written by a mumar are like a machine invented by a mumar.
Joseph, and vice versa.
Tiawd, the Ran (Sanhedrin 61b) holds that any religion other than Judaism is a”z. The Tzitz Eliezer (14:91; 18:47) paskens like him but Rav Ovadia and Rav Eliashiv were meikal.
Wrong again, Joseph. Unless there was another famous rosh yeshiva. Rav Tzvi Yehuda Kook married Chava Leah Hutner , the sister of Rav Yitzchak Hutner. BTW, Rva Hutner wasa talmid of the elder Rav Kook and also had cordial relations wiht Rav Soloveichik and the Lubavitcher rebbe. He also encouraged his talmidim to earn academic degrees. Among them were Rav Aharon Soloveichik (doctorate in Law) and Rav Prof. Israel Kirzner (doctorate in Economics). The latter is both a talmid muvchak of Rav Hutner and the chief student of Ludwig von Mises (who interestingly was an anti-religious Jew and was even buried in a non-denominational cemetery).
RebYidd, there is a machloket between Rambam on the one hand and Rabbenu Tam and the Meiri on the other as to whether shituf is permitted to gentiles. If it is it might not be a problem for them to daven to Yoshke. For us though it is avoda zara. That includes davening to a tzaddik (Gesher HaChaim 2:25 – http://www.hebrewbooks.org/pdfpager.aspx?req=31172&st=&pgnum=196(?
Joseph, regarding going into a mosque, google “going into a mosque” and you will find different opinions.
Zahavasdad, that is a PA lie. The Maharat HaMachpela is a Jewish holy site with a separate area for Moslem prayers.
Rav Tzvi Yehuda Kook encouraged it in order to build their spiritual connection. Of course, all of the halachot, such as yichud, pertain. He himself learned “Orot” with his fiancee, who was Rav Hutner’s sister.
GM, nobody’s prayers are guaranteed acceptance. Hashem is free to say “No”.
Abba_S,
1. What does one have to do with the other? People who participate in violent demonstrations are by definition people who do not care about jail. Most likely they have been there before and are looking forward to reuniting with old friends. Recalcitrant husbands are a totally different type.
2. I wrote that some husbands are not fazed by jail. In a way they like it as they get rent-free rooms with heat in the winter and air conditioning in the summer (also free). If they are placed in the “Torani wing” they get three mehadrin meals per day (also free), davening every tefilla with a minyan and learning.
3. That is not the government’s proposal (although it was approved by the Ministerial Legislative Committee, which means that the government is behind it) but a proposal of MK Shuli Mualem (Bayit Yehudi). While her party is a member of the coalition this suggestion is a private bill. This bill has been recommended by the Religious Court System although it actually only affects ten men currently behind bars. While the Committee’s approval means that the AG has approved it I personally have my doubts if it will pass the Bagatz (Supreme Court) as prisoners’ rights to religious freedom are enshrined in law and Court decisions (in one case a court refused to extradite an alleged hit-and-run driver to Florida because eh would not be able to get kosher food without ascertaining if he is actually observant).
Joseph, what about where he has moved out of his own free will?
The Noahide World Center has published a siddur for Bnei Noach called “Brit Olam”. If you are interested you can check it out on their website.
DY, if he already agreed on a civil divorce in principle and even more so if he initiated it yes. If he has moved out then he is a mored.
Chazal say that a wealthy person is someone who is happy with his lot.
Joseph, if it is generally known that he is abusive perhaps there is an “anan sahadei”. It could also be that where the marriage is over refusing to give a get in order to extract concessions from her or for spite is a type of violence. Emotional and verbal abuse can be worse than physical abuse. Moreover, if the husband moves out and refuses to fulfill his marital obligations he is a mored and the bet din may force him to give a get. All this is regarding force. The bet din can certainly decide (see SA CM 2) that get refusers cannot receive any benefits of being part of a community such as shul honors. It can also allow publicly denouncing him in order to protect other women.
Abba, according to what I read most husbands agree after one day. For someone who is otherwise normative it it is such a traumatic experience that there is actually an organization that gives white-collar criminals pre-incarceration counseling. However, there was once someone who stubbornly refused and was imprisoned for over twenty years until he died.
Besalel, the bit about the pigskins is anecdotal and has also been said about the American suppression of the Philippine Moro rebellion over a century ago (and that it worked) as well as the Chechen rebellion and the rebellion in India. Apparently the origin is in a movie called “The Real Glory” starring Gary Cooper.
DY,
1. The person who must signs that form is the plaintiff. Thus, if the wife is the one who files for divorce she is the one who must sign.
2. All it says is that the marriage was solemnized by a member of the clergy or the Society for Ethical Culture and that to the best of the signer’s knowledge all barriers to remarriage have been removed. How a secular court would interpret that in light of the Establishment and Free Exercise (f he goes OTD or she becomes a BT and he does not) clauses is a question mark. If it is considered a religious ceremony then it would seem that the same prohibition against required prayers in public schools would apply. It could well be that it will be interpreted to only mean that secular legal barriers have been removed.
Joseph, for the Chazon Ish’s words see http://www.hebrewbooks.org/pdfpager.aspx?req=14331&st=&pgnum=327
http://www.hebrewbooks.org/pdfpager.aspx?req=14331&st=&pgnum=327
Joseph, you misquoted the CI. He is talking about a case where they ordered him to take an oath to divorce her and then beat him in order to force him to keep his oath. Even there the CI is uncertain if the gett is pasul.
DY, the NY law only requires judges to take into consideration barriers to remarriage when dividing marital assets. Even has First Amendment questions and also creates questions of ?? ????? as the secular court is, in fact, compelling the gett. See “The Plight of the Agunah: a Study in Halacha,
Contract, and the First Amendment” in the Maryland Law Review (on-line).
Joseph, the Aruch HaShulchan says (EH 154,18-20 – http://www.hebrewbooks.org/pdfpager.aspx?req=14243&st=&pgnum=638) that the bet din can force a husband who is violent or abandons his wife to give her a gett. I submit that verbal or emotional abuse is in the same category. In fact, it can be worse than physical abuse. As for the CI you cited I will have to see it inside. On the face of it (assuming you quote him correctly and completely) it is very difficult. How is simply telling someone that eh should give a gett force? The nature of force is that there is no choice. Here he has a choice. He can refuse and take the social and communal consequences. Conversely, there is no obligation to give someone a shul honor, invite him for a Shabbat meal, etc.
Joseph, please cite your sources regarding the power of a bet din. Please also respond to my distinction between compulsion and persuasion (e.g barring him from shul honors).