[Aspaqlaria] Comments for Aspaqlaria

Tue Dec 4 06:05:31 PST 2007

Comments for Aspaqlaria

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 01:30 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16661

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FWIW Kesubos 85a Rava unconditionally accepts the testimony of his wife [both a woman AND A a relative] regarding the trustworthiness of a omwn re: giving an oath but rejects the ingular testimony of Rav Pappa because he is ONLY 1 witness! 

Rava ssates: re: bas rav Hisda [i.e his own wife} I am CERTAIN she would not lie, about Rav Pappa I am not so positive.

KT

RRW

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 01:25 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16659

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See Artscrol Kesubos 85a note 17: in later tiems when econmic conditions changed the enacted that even movable items

See ARtscroll Kesubos 85a3 note 26:  Rif citing a Gaon  that no judge can decare even though it is found in the Talmud

See Artscroll Kesubbos 85a2 note 10 all 3 laws are clear and uncontested neverthelss Rambam states taht nowadays no judge may exact property from orphans on the basis of his own assessment

KT

RRW

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 01:10 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16658

Or, amoraim were unwilling/unable to dispute the conclusions reached by tanaim,  In numerous places an amora’s position is questioned on the grounds “vehatenan — but didn’t the tanna say otherwise?” The inability to dispute a tanna was a given."

An amora could not dispute a Tannaitic statement otright. OTOH amoraim qualify virutalyl any and every Tannaitic statement and limt or expand its scope. 

Even today, suicides are nearly ALWAYS deemed shelo midaas. Thsi was not always the case and in earlier generations suicides wer often buried at the edge of a cemetery. This is rare today.  We have raised the bar of midaato so that virtually any suicied is ruled against their will.

There is a worthwhile read by Ruth Sandberg on the expansion and contraction of Halchic norms over the generations

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 12:50 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16657

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I would suggest reading Dr. Jacob {yaalkov] Katzs works espcially Shabbos Go and his artcile on permitting travelling on a boat on Shabbos for end-driven pesak.

I would suggest taht O psak is often goal driven  sometimes to be mattir what is being done [e.g. clapping/dancing on Shabbos] or to produce issurim where there used to be none [e.g. women reading the Megillah for themselves or for other women - celearly permittd by Beis Yosef himself a Kabbalist] 

I am not sure how clapping/slpping on Shabbos for musical purposes is any better halahcially than playing a guitra on Shabbos, the same Talmudic gzeria applies - shema yetkanken klei shir. I am bewildered as to how the current halachic norms are objective on this matter, either BOTH should be assur or BOTH muttar.   

Maybe C halahc IS highly subjective, but are we wiling to use this lense on ourselves, too, or only focus on the shortcomings of others?

Shouldnt keshot atzmecha vachar kach keshot acheirim exhort us to greater objectivity and fairness in our own pesak BEFORE we point fingers?

KT

RRW

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 12:42 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16656

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The 10 commandments imporews us that our animals are to rest on Shabbos just as we do.

yet the Tur [end of orach chayyim Siman 246] quoting Rabbeinu peretzsays that a simple act of hefker beino uvein atzmo FOR THE DURATION OF SHABBOS ONLY is sufficient to be mattir a Jew to have aGentile hire his animal on Shabbos despite the Biblical requirement of shevisas behemto af al pi sheeino mafkir legamrei ayein sham

re: consistencies: how differenet really is this then the C loophole of selling ones business on Shabbos? 

KT

RRw

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Comment on Halachic Process, interlude: What it isnt by Richard Wolpoe

Posted: 04 Dec 2007 12:36 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-interlude-what-it-isnt.shtml#comment-16655

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there is zero prohibition of listening to music in the omer nor of parting in the rishonim

the ONLY issur is reikkudim to music.  This morphed by the acharonim to go further.

The original Rishonic model would permit BOTH

listening to music as in a concert

partying bu w/o any musical accompaniment

Any other model is strictly an aharonic humra, and not ikkar halacha.

This can be verified by reading the Tur and Beis yosef, the Shulchan aruch etc The first introduction of greater issur is the Magen Avrham and is codified by the Aruch hshulchan

What has happened is givne the facts on the ground after these humros are in place an anchronistic  ratoinalization is formed to make this the structure of the original aveilus.  the Tur says miktzas aveilus  So does the Kitzur.

KT

RRW

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Comment on Halachic Process, part I by Richard Wolpoe

Posted: 04 Dec 2007 12:31 AM CST
http://www.aishdas.org/asp/2007/11/halachic-process-part-i.shtml#comment-16654

Re: hasiba

OK the Bavli require Hasiba whilst reclining [leaning on the left]

Tosafos notes that we do not eat on smll tables but around large ones.

  The Rabiya claims tht his requiremnt is no longer applicable in our society

But the Yesushalmi obivates this problem by noting that the Seder rquires Hasiba in order not to eat standing like a servant [eved] 

I have not seen teh Raabiyah inside but I have not noticed any of the poskim factoring in this Yerushal inot the equation. Why not? if would be a perfect snif to be mattir NO hassiba in modern times.

Here is the fuzzy logic:

  Y requires just dont stand

  B requires leaning on left

pesak followed B

But now that we do not dine like they did in ancient times why not shift to the Y model anyway w/o any sophisticated arguments to back this switch?

KT

RRW

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Comment on Halachic Change by Richard Wolpoe

Posted: 04 Dec 2007 12:24 AM CST
http://www.aishdas.org/asp/2007/11/halachic-change.shtml#comment-16653

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That is because once DDT was withdrawn more bugs were actually IN the vegetables. During the DDT era, Veggies were frequently bug-free and inspection was not so important

It is like inspecting eggs in the era of candled eggs. Very few eggs have serious blood problems

KT

RRW

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