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My favorite all-time limerick:
I sat next to the Duchess at tea
Uncomfortable as can be
For her rumblings abdominal
Were simply phenomenal
And everyone thought it was me
Lilmod,
That is a fine distinction, and you might even be correct that Rav Moshe would hold that smoking would not be assur for that reason. But Rav Moshe is not clear on whether length of time before the activity causes death, by itself, could make something mutar. Therefore some have argued that Rav Moshe basis for being matir is primarily based on the risk of smoking being the ultimate cause of death being less than 50%.
Health,
I am not promoting smoking or overeating. I am not even saying they are “okay.” Not everything that is a poor lifechoice is an issur. Rav Moshe says that people should eat healthy and not smoke, but he holds that eating unhealthy foods and smoking are not a violation of the mitzvah of hishomer l’cha u’shmor nafshecha.
I have seen some rabbonim argue that Rav Moshe would agree that smoking is assur today because the chances of it causing a smoker’s death is over 50% (at the time Rav Moshe wrote the percentage was believed to be much lower, about 14%). And that may be correct for being a regular smoker. But the occasional cigarette (or cigar, or pipe) is mutar (even if inadvisable).
golfer,
I believe DaasYochid quoted a Levush that used that posuk that way. As I wrote above, the Rambam learns the source of the issur of avoiding a sakanah is from a different posuk. Also, at least according to Rav Moshe, there is a commandment to stay safe, but not a commandment to stay healthy.
Meno,
Let me rephrase. Most people who maintain that sort of diet will live for decades.
If you play Russian Roulette every Monday and Thursday you will most likely die before the end of the month. Furthermore, Russian Roulette, unlike eating pizza and hot dogs, is not a normal activity enjoyed on a regular basis by a large bulk of the population.
Avi K,
You wrote: “I would imagine that her sechar for learning those halachot which she must keep (most of Orech Chaim and Yoreh Deah and all of Choshen Mishpat) would be the same as a man’s as she is obligated to learn them.”
I think that this is incorrect. If her schar for learning the laws that she must keep was the same as a man’s, the Gemara would have answered “she is metzuva v’ose on ???????? ???????????? ?????????.”
Rather, she is obligated to learn those laws for practical purposes, not because of a mitzvah of “Talmud Torah” (her learning would be a hechsher mitzvah and non-mutzuveh kiyum of Talmud Torah). And the special protection provided by Torah study only applies to those with a mitzvah of Talmud Torah.
Joseph,
I don’t think so. You can eat that sort of diet and live for decades. Read the teshuva I cited. Rav Moshe specifically discusses unhealthy eating and says that it does not violate the issur.
Nowadays I spend in the $100 dollar range for a set. When I was bochur in Eretz Yisroel, I used to wait until the very last minute (when the shuk is clearing out) and spend 100 shekel or less and get even nicer minim than I get now .
.??? ????? ???? ?? ?? ??? ??? ???? ???? ????. ???? ??? ??????. Rambam, Mishna Torah, Hilchos Talmud Torah 1:13.
??? ????? ???? ?? ?? ??? ??? ?? ???? ???? ???? ????? ????? ?????. Shulchan Aruch Yoreh Deah, 246:6.
???????? ?????? ???????? ????????? ??????? ???????? ???????????? ?????????. Rama, Shulchan Aruch Yoreh Deah, 246:6.
For the most part a woman is not obligated to learn Torah and therefore her reward for learning will be less than for a man (even the learning that is required, as the Rama writes, is still not a fulfillment of the obligation of talmud Torah) and it will not have the same level of protection. Therefore, in the Gemara (Sotah 21a), Ravina says that only way for a woman to get the same level of protection from Talmud Torah as a man, is for her to share in the reward of sons and husband by aiding them in their learning.
. . . ???? ???? ?????? ???? ????? ?? ???? ????? ????? ???
????? ??? ????? ???? ???? ??????? ???? ????? ????? ??? ?????? ?? ????? ????? ?????? ??????? ?????? ????? ??? ???????? ?? ???? ??? ????? ?? ?? ????? ???????
Most of the Chofetz Chaim guys I know work in klei kodesh.
Whether or not that is the correct source for the idea of avoiding danger (the Rambam cites hiShomer l’cha u’shmor nafshecha), everyone agree that there is a mitzvah to avoid danger.
However this mitzvah is not understood as a mitzvah to be fit and healthy in a general sense (or as you put “take care of our bodies”) but a mitzvah to avoid life-threatening danger. This means avoiding an activity or a situation where there is high chance of losing one’s life (i.e. >50%). Eating a hot dog, or smoking one cigarette are not activities that create a high chance of losing ones life and are therefore not prohibited. See Igros Moshe V.7 Choshen Mishpat 2:76.
Lilmod and Joseph,
As explained above and elsewhere, the relevance of who is “greater” is very limited, and even in that limited scope (of psak halacha) it is further limited, applying only in cases where there is no majority on either side of the issue. Furthermore, it should be pointed out that the “greater” with regard to psak, is greater in Chochma and Minyan (“minyan” in this context means who has more talmidim). What matters is who is the greater talmid chachom, not who is the greater tzadik. If one is in such a situation you have to make a call as to who is greater in Chochma. It is hard call to make, fortunately it is only rarely an issue.
Joseph, I don’t know what statement from Rav Shach you are referring to. However, there is a great deal of difference between choosing a rov for yourself (something everyone should do) and making an objective statement that Rabbi X is greater than Rabbi Y. Obviously, each of us can have opinions about who we think is greater, however ill-informed, and in deciding on who to take on as your Rov, you should pick an accessible person you believe to be the greatest. Why would you pick someone you thought wasn’t the greatest.
But in attempting to make an objective statement about gadlus in an attempt to convince others or to argue that the followers of Gadol X are more correct than the followers of Gadol Y (or Hashkafa X is more correct than Hashkafa Y), there is simply no way for most of us to know.
Please go back up above for my long-winded explanation for why it is difficult to judge Tzidkus and Gadlus, and explain to me where I went wrong and how you are able to judge the Tzidkus and Gadlus of people that you do not know personally. How do you know that you are not perceiving an ???? ?????
“In this context, it means (at least according to most people) that we all have to listen to what they say when they make a pronouncement for the klal.”
I don’t know of any source for this idea. There is a concept of Rabban Shel Yisroel: a teacher whose piskei halacha are excepted by all of Klal Yisroel, but I cannot think of anyone who would fit that standard since the Chofetz Chaim (maybe). One should follow the psak of a Rabban Shel Yisroel in circumstances where one can (a) not determine the halacha for oneself; and (b) does not have personal Rav who has a ruling on the issue or case.
Outside of the above, while it might be wise to listen to the pronouncements of great Talmidei Chachomim and Tzadikim and one should prudently re-assess their personal positions in light of such pronouncements, there is no issur in disagreeing or not following such pronouncements.
Whether or not someone is a great Talmud Chachom can be determined by reading their works, listening to their shiurim, and seeing how their opinions are treated and discussed by Talmidei Chachomim you know personally. But once you are dealing with a signficant level of Talmud Chachom it is very difficult to distinguish between them. Is the Rambam “greater” than the Ramban or the Ran?
Tzidkus is even more difficult to determine. Gadlus (a term which I view as a combination of Tzidkus, Chochma, and influence on the klal) is something that is extremely difficult to determine without first-hand experience. The best you can usually say is person X is “considered” or “treated as” a Gadol. It is certainly true that Rav Moshe Feinstein was treated as a Gadol in a way that Rabbi Avigdor Miller never was. It is also true that from their works, Rav Moshe Feinstein would appear to me to be a greater Talmud Chachom. But I never gave them a bechina, I don’t know what was in their hearts, and I can’t judge their ultimate positive influence on Klal Yisroel. Furthermore, as Kapusta wrote, there is no constructive purpose to such a discussion.
Now the way I normally understand the idea of Daas Torah (as opposed to psak halacha), is that when making life decisions the outlook of a Torah infused mind will have insights as to the ramifications of those decisions that a less-Torah infused mind might miss. And so, before making serious life-decisions, it is usually worth your while to consult with Torah sage that knows you, that understands your personal and societal situation, and can give you advice from a Torah perspective. Rabbi Avigdor Miller is someone whose life was devoted to learning and teaching Torah. He was Shul Rav and was therefore regularly involved with the lives and issues of ordinary frum people in America. In my opinion, he is exactly the sort of person one should consult to get Daas Torah on an issue.
Gmar Chasima Tova
lilmod,
What tools do you have to evaluate the respective gadlus of Reb Moshe or Rabbi Miller? Did you know them personally, observe their ways, and ask them questions to make such a determination?
Furthermore, you are entitled to disagree with either or both of them. If you asked one of them a halachic shaila, you would be obliged to follow their psak but outside of that you may disagree.
Chas v’shalom that what I said should be interpreted as supporting a man’s refusal to give his wife a get once it is clear that the marriage is over. My point is that she (or he) shouldn’t be asking for a divorce unless the situation is one of the ones I laid out above.
I know that there are those who disagree with my position. I think that they are wrong. If you hold that position, I would suggest reading a dozen memoirs of people whose parents got divorced when they were children and see if that changes your mind.
While obviously not universally held, Rav Chaim Ozer held that gelatin itself was mutar (even if consumed derech achila).
He is different from the antebellum South because he believes in the protection of invidual rights, equal protection of laws and due process, under the 14th Amendment.
The principle of Federalism is for a “libertarian” federal government. With the States operating as laboratories (as described by Brandeis) and competitors, and people choosing where to live with their feet. As a check on States abusing their power over individuals, the federal government will protect individual rights, unequal treatment, and violation of due process. But so long as States avoid those issues (and a few others outlined in the Constitution) they should be allowed free reign (see the 10th Amendment).
akuperma,
If Johnson was a real Libertarian, I would agree with you.
Many more Charedim live in walking distance of the Kosel.
Lilmod,
I don’t think you (or I) can say what level of gadlus Rabbi Avigdor Miller achieved. It is unwise to simply declare that he was not in the same category as Rav Moshe Feinstein.
Everybody agrees that there are cases where divorce is necessary and (I think) everybody would agree that there are nebach divorces that occur today that are unnecessary and should not occur. Ones position on the actual percentages of these will depend on what situations you believe divorce can be justified.
It is my personal opinion that, when there are children in the home, divorce is wrong unless: 1) One parent is abusive (to the children or to the other parent; 2) One parent has become a drug or alchohol addict; 3) a parent has become mentally ill; 4) One parent has gone off the derech; or 5) One parent was unfaithful.
My understanding of Rabbi Avigdor Miller’s position is along the same lines.
It is Time,
I agree with much of what you wrote but Judaism is not supposed to be an aristocracy unless you mean that everyone is supposed to be an aristocrat. That which most of us are incapable of answering questions and require others to pasken for us is a sad thing.
Whether Hashkafa should be used depends on what you mean by “Hashkafa.” For example, the Bais Yosef held that Acharonim (like himself) could not decide among a machlokes Rishonim based on their own reasoning and proofs from the Gemara. Therefore, where issues have been clearly discussed by the Rishonim, the Bais Yosef paskens like the majority of the major poskim (as he defined them). The Maharshal held that Acharonim (like himself) could decide among a machlokis Rishonim based on their own reasoning and did so on many issues.
Arguably, this machlokis between the Bais Yosef and the Maharshal is a hashkafic one that will determine the psak halacha in many cases.
The best halachic process is to learn shas and poskim yourself, to learn through sugyos thoroughly and logically and come to your own conclusions about what the halacha is.
Issues of who is a posek, who is a gadol, and who is greater, only come about when we unfortunately cannot answer for ourselves.
Joseph,
Thank you for the maareh m’komos. I will look some of these up (those I have access to). Where did you get this list from?
As Avi K mentioned, the “3 Oaths” are not brought down l’halacha in the Shulchan Aruch, the Tur, the Mishna Torah, the BaHaG, or any other codification of halacha.
Are they cited in any major Shailos V’Teshuvos of the Rishonim or the Acharonim prior to the 20th Century? I know they are discussed in the Rambam’s Iggeres Teiman.
In any case, as explained above, the issue of which Gedolim are greater, or even which opinion is that of the majority, is only relevant if you do not have your own Rebbi who you follow. So followers of Rav Kook or Rav Soloveitchik are not doing anything wrong, and in fact are doing what they are required to do, in following the teachings of their Rabbeim on Zionism.
That letter from Rav Bloch is odd. The Netziv and the Bais Halevi were certainly of the Yeshiva World and they supported Chovevei Tziyon (before it started being taken over by the secular). Rav Shmuel Mohilever, who was the Rav of Bialystock and a product of Volozhin, was also a founder of Chovevei Tziyon. Rav Yitzchok Yaakov Reines, the Rosh Yeshivah and Rav of Lida and a product of Volozhin, was the founder of Mizrachi.
It is time,
The Ramban you cited is describing what is commonly referred to as “ruach hakodesh” not the Nevuah of Tanach wherein someone received a communication from Hashem (in fact that is the entire point of the Ramban). The Gemara the Ramban is commening on also says ?”? ????? ???? ???? ??? ????? ????? ????? ?? ??????? ?????? ?????? ????????? ??????. Obviously, it doesn’t mean that children and simpletons have nevuah in the same sense that Shmuel HaNavi did.
What is your source for that quote from Rav Shneur Kotler? I have never heard it before and it sounds fishy.
It is time,
I am not sure what I have written that would make you think that I was going against emunas chachamim or was saying it is difficult to tell who is a gadol. I was talking about differentiating among gedolim to determine who to follow when they are in disagreement.
Zahavasdad,
I don’t disagree. But there are still situations and circumstances where that would apply. For example Rabbi Leff on Moshav Matisyahu, or Rabbi Teitz in Elizabeth. And, of course, many people have Rabbeim that they follow consistently.
Let’s step back and examine why it matters if someone is a “gadol” or not.
Ideally, each person should learn shas and poskim, learn up a sugya, examine an inyan, and decide for themselves what the halacha is in a given circumstance. Unfortunately, most of us do not have the time and opportunity to do this so we rely on asking others. If you are not qualified to answer a question, you should find a Rebbi who is, and learn from him what to do. Similarly, if you live in a city where there is one clear-cut Rav of the city, he is considered your Rebbi.
If you do not have a Rebbi, or your Rebbi does not know the answer, only then would you turn to the gedolim. (see Teshuvas Harashba, Chelek Aleph 253). If there is a majority, you would follow the majority. If there is no majority, then “if you know” that one side is “gadol b’chochma u’b’minyan” (minyan here refers to number of followers/talmidim) and that side has a reputation as such, then you follow that person(s). (Id.) If you do not know that one side is greater, then by d’oraisa you should go l’chumra, and by d’rabbanan go l’kula. (Id.)
Thus, the relevance of whether one “gadol” is greater than another, is limited to the above (hopefully) rare circumstance.
This idea that we are ranking Gedolim like people rank colleges or athletes seems both absurd and insulting.
Now if only there were jammers for people’s mouths . . .
Joseph,
I did not mean that nobody can judge among gedolim, but rather when dealing with the very great, for most people, most of the time, it is impossible to tell who is greater. If I spent years with the Chofetz Chaim and then years with Rabbi Aryeh Levine, then even I might be able to make a judgment on who is the bigger tzaddik, but practically speaking that isn’t possible.
There is also a difference between quantifiable statements of practical worldy impact and qualitative statements of people’s greatness. We can say that Rav Ovadiah was the leading Sefardi posek of his times because practically speaking his piskei halacha were more wildely followed than anyone elses were. Similarly, we can that Reb Moshe was the leading posek in America in the 20th Century. But that doesn’t mean that Reb Moshe is qualitatively greater posek than Reb Yaakov Kaminetsky or Rav Henkin and certainly not that he greater overall. I am not qualified to judge between Reb Yaakov, Reb Moshe, and Rav Henkin. There are those that might be qualified, but they will be very few and far between.
With regard to comparing Acharonim with Rishonim and Rishonim with Tannaim or Amoraim: it isn’t that I have a way of personally being able to judge between the Rambam and Rabbi Akiva. It is that the Rambam himself, and all other Rishonim, did not believe themselves to be capable of arguing with Rabbi Akiva (unless they had another Tanna to support them).
TRDT,
Interesting. I have never heard anyone say that it was not permitted (where there was no meusa issue), even hashkafically. Only that there is no requirement or reason to have one in most cases. But if one of the parties wanted one, would your Rosh Yeshiva still say no?
mik5,
I don’t think I am in position to say whether or not Rabbi Zevin was a bigger talmid chacham or tzadik than Rav Shach. (The relevance of being a bigger talmid chacham is because one of the factors in being machria among opinions is gadol b’chochma).
Obviously, in many cases the issue is clear (next-door neighbor compared to Reb Moshe), but when you are dealing among world-class talmidei chachamim and tzadikim it isn’t clear at all. Can you judge who was greater posek between Reb Moshe and the Tzitz Eliezer? Who was a bigger talmud chacham between Rav Zevin and Rav Schach? Who was a bigger tzaddik, the Chofetz Chaim or Rabbi Aryeh Levine? I can’t.
PBA,
Is it the mainstream Yeshiva view that no prenuptial agreements are permitted (i.e. even those simply selecting a Bais Din in advance for arbitration with no monetary penalty)?
In the times of the Gaonim there was a problem with women who weren’t receiving gittin and therefore went off the derech, got divorced in secular courts and married non-Jews. So the Gaonim made a takanah to force a get even in situations where the Gemara did not allow it so that it would be easier for women to get divorced.
Now, unfortunately, today there is no central place of halachic authority like there was in those times. But the RCA is to its members like the Gaonim were to Klal Yisroel at the time. No one is forced to be a member of the RCA. If you don’t like their takanah, then leave.
Health,
There is a difference between “justified” and “excusable.” In very few of these cases is the shooting justified, it is often excusable. But there are plenty of times when it is neither and cops need better training (if that is possible).
I don’t think that there is a racial bias with these issues. I don’t think that Cops are more likely to shoot a suspect because he is black. The focus on African-American victims arises of out of the following facts:
1. African-Americans commit a disproportionate amount of crime.
2. Even factoring in No. 1 above, African-Americans are disproportionately stopped by Cops.
3. A substantial number of Cops are too quick to pull the trigger.
4. The racial narrative has taken hold with the media so that incidents with African-American victims are reported nationally while incidents with white victims are only reported locally.
The original chief editor of the Encyclopedia Talmudis was Rav Shlomo Yosef Zevin, a goan olam and a gadol in his own right. He was also a zionist (to some extent). Maybe that story happened with Rav Zevin’s replacement.
Reb Reuven Margolios, the Margolios HaYam, was another gadol that was a zionist.
No one has had nevuah for 2400 years.
zahavasdad,
I think you are thinking of his son-in-law (I don’t believe he had any sons). The son-in-law became Rebbe in the late 30s, but during the War many of the Chasidim turned their backs on him when he started advocating that everyone leave Hungary and get to Eretz Yisrael (or the US). The Rebbetzin of the Minchas Elazar disagreed with this and many of the chassidim followed her. The son-in-law then obtained visas escaped with his family leaving the large bulk of his chasidim behind. After the war he stepped down from position as Munkatcher Rebbe but eventually one of his sons took back up the mantle.
dovrosenbaum,
I don’t know how you define “conservative” judges, but I am pretty sure that Trump will not appoint judges based on any ideological or legal-philosophy basis. How will Trump “destroy terrorism”? Bush, Obama and many other governments have been trying for the last 15 years and it is still here. Frankly Hillary will be just as tough on terrorism and she will be far more rational in attacking it than Trump.
Benghazi, while bad, was not murder on Hillary’s part (or Obama’s) it was neglect and then an attempt to cover-up/minimize the neglect. Vince Foster was not murdered.
Saying Hillary should be on death row is reprehensible and probably should not have been let through by the moderators.
Mashiach Agent,
Are you asking about whether a sterno/warmer could be a problem of bishul akum?
If yes, once the food is cooked ?????????? ???? ?????????? (i.e. 1/3 cooked) by a Jew, a non-Jew can finish the cooking. Shulchan Aruch, Yoreh Deah 113:8.
Joseph, that is true but if he is on the ballot in your state (or can be written in), I think people should vote for him.
And, in the unlikely event that Hillary doesn’t get 270, McMullin only needs to win one state (most likely Utah) to have a chance at the Presidency.
mentsch1,
You can vote for a third-party candidate or write-in a vote to show your lack of support for the two main candidates.
In my opinion, neither of the major party candidates are good candidates. This is true in the sense that neither of them are good as representatives of their party and neither of them will be good for their country. Most importantly, in my opinion, neither of them are good people.
In my opinion, Evan McMullin is the only good candidate running.
I believe that NYC and Montreal are the only places in North America that have blanket rules outlawing turning right on red.
“Saying Learn Nach instead of Gemara is NOT a benign statement”
True. I definitely didn’t make such a statement.
From the ground (or bottom of the bed frame if you put it on a bed and the bed is more than 3 tefachim from the ground).
I am no expert on tents, but if the tent goes to a point or two points at the roof then you are yotzei. As it states in the first perek of Sukkah, mishna 3: “???? ???? ???? ???? ????. ?? ????? ???? ???? ?? ????? ?? ??? ??????. ?????. ??? ???? ??? ?? ??? ?????? ????.” It seems to me that a simple A-frame tent is no different than ?????? ????.
Yes, since the bivy sack is lower than 10 tefachim. ????????? ?????? ????????? ?????????, ??? ??????? ????????? ???????? ???????? ??? ??????? ???? ???? ????? ?????, ?????
Shulchan Aruch, Orach Chaim 627:2.
Or just move out into the intersection and over a little so people could go around you.