Forum Replies Created
-
AuthorPosts
-
Avi KParticipant
Charlie, how do you define morals? If you define them according to Halacha cheating on his wives was not immoral. There is no prohibition for a Noahide to only have one wife or not to have girlfriends. In any case, I think that most people support Trump because they oppose what the Democrats are doing (although some might think that such a person is best suited to deal with America’s enemies). In fact, until Hillary Clinton declared war on freedom of religion (in the words of the Washington Post) conservative Xtians were going to stay home. That one foolish statement about people having to change their religious beliefs cost her the election.
Avi KParticipantUbiquitin, there would be a law against stealing but the details might well be different. in fact, there is a machloket if the obligation to establish a justice system means that they adopt al of Choshen Mishpat or that they can make whatever laws they want so long as they are consistent and non-discriminatory or if they must have a law on everything in CM but can change from our pesak (e.g. a shor tam pays one third). Just to give an example, according to Rav Chaim Soloveichik poskm stealing sleep or jumping a line is robbery. According to the Chafetz Chaim it is worse as it cannot be returned. However, to the best of my knowledge there is no secular law that criminalizes either.
Avi KParticipantUbiquitin, what exactly is your contention? Are you saying that even without the Torah there would be a law against stealing? Probably. The question is how stealing would be defined. Is redistribution of wealth stealing? What about Robin Hood? For that matter, Jesse James was a folk hero because people thought that he was just taking money back from robbers (the banks).
Avi KParticipantUbiquitin,
1. Law does not have to based on right and wrong. Hobbes postulated that the state was invented because people realized that a situation where everyone grabs from everyone else is grossly impractical. Utilitarians called for “the greatest good for the greatest number” but did not define what is good or who counts in the number. Thus, the Nazis ym”s justified the Holocaust. Bentham proposed comparing the pleasure and pain caused by the act. However, this could justify a poor person stealing from a rich person.
2. People do or refrain from doing many things even though there is no law on the subject. The old-fashioned terms are “just because” and “this is not done”. Just to give one example, there is no law in Israel requiring berit mila but 98% all Jewish males are circumcised.
Avi KParticipantUbiquitin, I reread and you are half right. We should know but that does not mean that there would be a law. We should know to honor our parents even without a commandment but there si no law requiring it.
Avi KParticipantAkuperma, are rich people really treated better? Look what happened to Jeffrey Epstein. In fact, for a rich person to be arrested publicly is much worse emotionally. Imagine how suspects such as Richard Wigton felt when they were arrested in their offices and led away in handcuffs.
Avi KParticipantUbiquitin, Rashi does not say that we would not know that stealing is wrong. Quite the contrary, people would prohibit it. However, according to Rav Shimon Shkop the Torah tells us what is and is not stealing. It also gives custom and dina d’malchuta a say. For example, if Reuven admits that he stole Shimon’s object the bet din will give it to Shimon even if it is not factually correct. Similarly, if the government seizes property it belongs to the government. Thus, we can travel on roads and bridges that were built through eminent domain (Baba Kama 113b).
Avi KParticipantUbiquitin, Rashi say the opposite. Even if they were not written they would have been commanded. That is to say, people would prohibit them.
Doing, Rav Shimon Shkop addresses this in Shaarei Yosher. How do we allow a possessor to retain a disputed object where there is no proof? It is a safek d’Oraita of robbery and therefor we should be stringent and leave it aside until there is proof. He answers that before an object can be considered stolen the law must say that it does not belong to the possessor. The whole idea of the mitzvot is that there are actions which are inherently bad, in the case of the sheva mitzvot, or bad for us, in the case of the Taryag. Good and bad obviously were created before people as the Tree of Life was created before Adam and Chava.
Avi KParticipantN0mesorah, first the slave has to get the money. The Gemara discusses this as everything he gets is his master’s. Someone must give him the money on condition that it not go to his master. In essence, he is buying the slave in order to free him. BTW, John and Abigail Adams received a slave as a wedding gift and immediately freed him. Washington freed all his slaves in his will.
Avi KParticipantN0, an employee can leave whenever he wants.
Avi KParticipantOne the mob has reign no one is safe. Already they have torn down statues of an abolitionist, Hans Christian Heg, who died fighting the confederacy and beat liberal state senator State Senator Tim Carpenter so badly he needed surgery.
Avi KParticipantAkuperma, you are wrong. A person may not use his house for an illegal business and may not violate a zoning ordinance. One of my uncles was forced to give up a pet (if I remember correctly, a goat) he bought for my cousins because he had less than an acre of land.
Avi KParticipantNot necessarily. Maybe he wants peace and quiet. The key is whether or not he would also oppose some other house of worship. Of course, it could also mean that he does not want another shul competing for membership with his shul.
June 24, 2020 4:01 am at 4:01 am in reply to: The “New Normal” for Shul During the Yamim Noraim #1875938Avi KParticipantAccording to the Jerusalem Post a group of researchers from several universities including the Technion have a solution. “Based on previous studies showing a stronger likelihood of virus transmission indoors, the scientists suggest that fluorescent lamps, microcavity plasmas and LEDs inside ventilation systems can be effective at deactivating both airborne and surface-deposited strains of COVID-19.
On this basis, the team argues that investing a few billion dollars in such a technology in the form of UV-C sources can help protect billions of indoor workers worldwide.
Similarly, the deployment of UV light, according to the group, can lead to a return to routine activities such as working at the office, going to school and attending entertainment events. ”UV-C is already being used by the Maayanei haYeshua hospital in Bnei Beraq. Obviously, this would be the solution for minyaniim of any size.
Avi KParticipantHaimy, you wrote it yourself. We should feel revulsion at the sin but not the person. This was Beruria’s answer to Rabbi Meir – and it came out like her (Berachot 10a). I have a feeling that you will have to work alone with you. People who do aveirot never say that they are evil. They always have excuses. People who cheat the government say that other ethnic groups do it. People who cheat on exams and have others do term papers for them say that they need a good grade. People who talk during davening say that shul is the only place where they meet their friends. The list goes on and on.
Avi KParticipantHaimy, what about working side by side with people who say rechilut and lashon hara, cheat on their taxes, lie to day school scholarship boards, etc.? It seems to me that you have adopted the leftist cancel culture. Be careful. Someone might cancel you.
Avi KParticipantJoseph, if an employee expresses deep racism and xenophobia off-hours, off premises, on his own time on social media and in public and it becomes to known to fellow employees it could create workplace issues. As people might boycott the business (which they really should not do, but people do many things they should not), This is why rechilut is such a severe sin.
Avi KParticipantRE, if you are referring to the toeva ruling it had nothing to do with Constitutional Law. It was an interpretation of a law passed by the Congress and signed by POTUS. Justice Gorsuch said that he personally thinks that it is a bad law but he has no choice but to affirm that it says what it says. If you are interested in reading a complete report google “HOW JUDGE GORSUCH JUDGES” on the website of the Intercollegiate Studies Institute (which is a conservative organization).
Akuperma, FYI the 14th Amendment was subsequently adopted. The accepted interpretation of the “Due Process” clause is what is called “substantive due process” – certain rights, in particular those in the Bill of Rights, are protected from government interference. The “Equal Protection” clause prevents states form improperly discriminating against classes of citizens. What is proper (e.g. a minimum age for driving) and what is not (e.g. a religious test for public office) is a matter of judge-made law although they look at social norms in their generation (thus Brown vs Board of Education overturned Plessy vs. Ferguson). This actually is a continuation of the English Common Law system, which is analogous (l’havdil) to our responsa literature. This contrasts with the Civil Law system of the Continent where law is strictly defined by codes. In American law schools the main point of study remains the case law system. civil law
Avi KParticipantCharlie, I seriously doubt if anyone other than the confrontation seekers know for whom they were named. In fact, Army officals did not even know. A base was built and the locals decided on the names. Google “The history behind the naming of Fort Bragg as Pentagon considers renaming base”. It goes far beyond that though. Any historical figure who did anything wrong is out. In fact, they are even calling out Trump for holding a rally in Tulsa (scene of one of the worst racial massacres in American history) on June 19 (Abolition Day). The inmates have taken over the asylum.
Avi KParticipantI posted that previously. Just out of curiosity, did your “Caps Lock” button get stuck?
Avi KParticipantCBS News reported that Coworker David Pinney said the two men had a history.”They bumped heads,” Pinney said.
Avi KParticipantHealth, you should check out what they write. According to CBS News “George Floyd and Derek Chauvin, the former police officer charged with killing Floyd, worked security at the same local club for much of the year before their fatal encounter on a Minneapolis street last week. The owner of El Nuevo Rodeo said the two were in close proximity once a week for their Tuesday night shifts, though she did not know if they ever actually met while working at the club.”
Avi KParticipantHealth, the neck restraint IS Not generally allowed unless the officer reasonably believes that his life is in danger. I reiterate, there should be follow up on the fact that they worked together as bouncers. In fact, between 1980 and 2008 56.4% of all homicides were committed by acquaintances. Another 7.1% were committed by spouses and other partners. Other family members accounted for 10,9%. People held grudges and decided to be judge, jury and executioner.
June 9, 2020 1:07 am at 1:07 am in reply to: The “New Normal” for Shul During the Yamim Noraim #1869441Avi KParticipantThe Ashkenazi rav of PetachTikva said that peopel over 60 should get first dibs on limited minyanim both for honor and because this group has suffered more isolation. If there are special hours in stores for seniors and, conversely, youth minyanim, why not senior minyanim? Full disclosure: Iy”H I will be 66 next month.
Avi KParticipantEvery society has racism. Just ask members of minority tribes in Africa.
Avi KParticipantHealth, that is an ad hominem argument. I sentence you to take an introductory course in Logic. Besides, the AG didn”t issue the report. The ME and an independent specialist did.
Avi KParticipantHealth, here is the report by CBS News:
“George Floyd, the Minnesota man who died after an officer arresting him pressed his knee onto his neck, died by homicide, according to the results of two autopsies released on Monday — one by the county medical examiner and the other by independent pathologists commissioned by Floyd’s family. But the two autopsy reports differed on exactly how the man died.
Dr. Allecia Wilson, one of the pathologists who conducted the independent autopsy, said Monday afternoon that Floyd died as a result of mechanical asphyxiation.
But the report released later Monday by the Hennepin County Medical Examiner’s office said Floyd died of ‘cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression.'”Moreover, Chauvin and Floyd worked together as bouncers. How well he knew him is not yet known. In any case, even he did not know about Floyd’s medical issues if a healthy person would have died from it it would not make a difference. If it can be proven that Chauvin had some personal grudge against Floyd the prosecution might just be able to get him on an even more serious charge. Maybe even murder one. You can google “What is premeditated and deliberate conduct?” on Nolo.
Avi KParticipantFact check: The Minnesota Criminal Code states:
09.195 MURDER IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;
Prosecutors tends to charge defendants with the most serious crime possible with an eye toward plea negotiations. This is generally true of bargaining situations. For example, a union will ask for a large pay raise whereas an employer will claim that no raise is possible.
Avi KParticipantCTL,
The ticket proves that the person is entitled to the garment. The number also serves as an identifier both as to location in establishments that have many garments and to distinguish it from similar garments. In Israel one must always present the ticket when retrieving the garment from the cleaner – and the cleaners are invariably sabras.
In any case, many restaurants had a “no entrance without a tie” policy. There is a joke about someone who is walking through the desert when he finally sees someone. When he asks for water the guy says that he has none but is selling ties. The disappointed traveler continues until he sees a restaurant. When he cries “Water, water” the doorman says “No entrance without a tie”.
Avi KParticipantAmil, actually it was “no ticket, no shirt”.
Avi KParticipantCTL, I think that you are being Freudian. “Go to the mall” explained “that sounds like a great business potential.”
From the Wiley Online Dictionary:
“Explanatory phrases are used to restate, define, explain, elaborate, or provide examples for a noun that usually appears immediately before the explanatory phrase. “Avi KParticipantCTL, did I say you or any other attorney? I would imagine that there are many people here who are hurting due to the restrictions. There are also recent grads who can’t find work even in normal times.
Avi KParticipantCTL, that sounds like a great business potential. Go to the mall without a mask a few times a day, get a supply of masks and sell them on Amazon.
Avi KParticipantCTL, some of the Polish partisans were themselves fascists. They just wanted Poles to be on top and not Germans.
June 1, 2020 11:48 am at 11:48 am in reply to: Chasidus bans “informers” from using its facilities #1866431Avi KParticipantWe do not rely on miracles. Who can say that he has such merit (see Iggrot Moshe Orach Chayyim 4;48 regarding buying life insurance)? Even if he is going to do a mitzva the merit does not help where danger is prevalent (Kiddushin 39b). Even Shmuel haNavi had to worry (Shmuel Alef 16:2). Besides here all of the people with whom he comes in contact require that level of merit.
June 1, 2020 1:21 am at 1:21 am in reply to: Chasidus bans “informers” from using its facilities #1866268Avi KParticipantCommon, it is not a matter a public record. I checked and found that the poster does not name names. I simply says “whoever”. Here is the Hebrew (I copied and pasted from an Israeli site):
מטעם ההנהלה הננו להודיע לכל מי שהיה לו או לביתו יד במסירות ובמלשינות, לאלו שהתפללו במנין, או בבית המדרש, או הליכה למקווה וכדומה, בין בקהילתנו ובין בקהילות אחרות, ואף על פי שקיבלו איזה שהוא היתר. אנו אוסרים עליו בכל תוקף דיני התורה, מליהנות מכל ענייני המוסדות לכל פרטיה.
Obviously they have no idea who called the police. They don’t even know if it was a member of their Chassidut or even a Litvak. Just as obviously no one will admit it. Thus, their declaration is a silly exercise that maybe makes them feel good but has no teeth.
May 31, 2020 2:07 pm at 2:07 pm in reply to: Chasidus bans “informers” from using its facilities #1866057Avi KParticipantCommon, there is a gemach for COVID-19? As for the social hall, there are many social halls in NYC. I personally would be very wary of entering this group’s. Just out of curiosity, how did they know who called the police. Were they just guessing? Did they collectively punish all the neighbors
Avi KParticipantIf you really want to get down to it everybody except full-blooded Native Americans are in a sense squatters in America (including Canada and Latin America). Even those of us who have left for various reasons (and there may be as many as nine million American ex-pats around the world – the Wikipedia even has an article titled “The American Diaspora”) by and large retain citizenship with all of the rights and responsibilities thereof. So in that sense we are still Americans. Does someone who leaves his parents’ home stop being their child? France, BTW, even reserves eleven seats in the National Assembly for ex-pats on the basis of geographic area. The member for the district that encompasses Cyprus, Greece, Vatican City, Israel, Italy, Malta, San Marino, and Turkey is Meyer Habib. He splits his time between Jerusalem and Paris and is very active in Likud and general pro-Israel circles.
May 28, 2020 8:54 am at 8:54 am in reply to: Chasidus bans “informers” from using its facilities #1865665Avi KParticipantIt is permitted to turn in anyone who is a danger to the general community. Even a forger (Rema, CM 388:12). Did these people self-isolate and do everything there? If not, there is no assumption of risk. Besides, in Torah law there is a positive mitzva to guard our lives very carefully. Rav Asher Weiss vehemently condemned people like them. Those who were outed were done a great favor.
May 26, 2020 1:07 pm at 1:07 pm in reply to: BIGGEST JEWISH DEBATE: DO YOU WASH YOUR TZITZIS??? #1864862Avi KParticipantIf you wait long enough they will jump in by themselves.
May 17, 2020 10:17 am at 10:17 am in reply to: Lawsuit in NJ to force the state to allow worship service #1861333Avi KParticipantCommon, it is not correct that Judaism is only about obligations. There are many things that are “רשות”, meaning that they are optional. Moreover, in matters of בן אדם לחברו they are two sides of the same coin. For example, if Reuven has an obligation not to cause damage Shimon has the right not to be damaged.
Avi KParticipantSo in time-honored Jewish tradition they will form their own shul. YAWN!
Avi KParticipantCorrection: The second definition of “stop by” is from the Merriam-Webster Dictionary.
Avi KParticipantMilhouse,
1. According to the Cambridge English Dictionary “stop by” means “to go into a place for a short time when you are going somewhere else”.The Oxford English Dictionary only says “to visit briefly”. “By” here is apart of the verb. This is known as a phrasal verb.
so you are saying that midnight is both 12AM and 12PM. However, The American Heritage Dictionary of the English Language (quoted by the Wikipedia) states “By convention, 12 AM denotes midnight and 12 PM denotes noon.
May 12, 2020 10:24 am at 10:24 am in reply to: Lawsuit in NJ to force the state to allow worship service #1859871Avi KParticipantCTL,
1. Iit would seem logical that the defendant is the one being sued. If the legislation is the one being sued it would say “In the Matter of” as with asset seizures. As in your country club example, basically the request is for the state to be ordered not to enforce its law just as it cannot enforce a law that was never passed.
2. I think that you mean ” if Defendant wins the law stands.”May 11, 2020 1:25 am at 1:25 am in reply to: Lawsuit in NJ to force the state to allow worship service #1859382Avi KParticipantJoseph, it interests me. Moreover, I like to compare their laws with Halacha. In addition, these issues, such as freedom of speech, are very current in Israel. Why do people take courses in Roman law?
Milhouse, that is not necessarily true. Where there is a “chilling effect”. See “Chilling Injuries as a Basis for Standing” by Jonathan R. Siegel (available online).
May 11, 2020 1:12 am at 1:12 am in reply to: Lawsuit in NJ to force the state to allow worship service #1859380Avi KParticipantCharlie, not all coercive methods are permitted. In fact, several judges have struck down corona regulations. Those that are arbitrary, such as dividing businesses between “essential” and “non-essential” are particularly problematic. It is even more problematic when no clear-cut definition is give. This is known as the vagueness doctrine. See Coates v. City of Cincinnati 402 U.S. 611 (1971) and FCC v. Fox Television Stations, Inc 567 U.S. 239 (2012).
Avi KParticipantRE, don’t put Descartes before de horse.
May 10, 2020 8:18 am at 8:18 am in reply to: Lawsuit in NJ to force the state to allow worship service #1859039Avi KParticipantCTL, since when does someone need permission to challenge the constitutionality of a law? Sovereign immunity refers to monetary actions. Disclaimer: I am not licensed to practice law anywhere but I have taken formal courses in Constitutional Law and am now taking video courses.
Avi KParticipantJoseph, do you know her personally? When does a girl become a woman?
-
AuthorPosts