[Avodah] justifying hating the wicked

[Dr. Josh Backon]

[Copied from AREIVIM at the request of the moderators]


> >Which, again, excludes anyone not raised O, and according to the CI,
> >anyone raised O in today's heterogeneous world.
>
>Kindly provide a source for this assertion in the name of the CI on Avodah.
>He, IIRC, quite clearly doesn't say this.
>
> >The MB lived in a world where Isms drew people away from O in large
> >numbers. We live in its aftermath. I do not see many people left that
> >the MB's words would apply to.
>
>Anyone who fights against Torah. There are plenty of people who think O Jews
>are insane, but they leave them alone. The ones who don't, and the sight of
>a religious Jew sets their blood on boil, who make it their life's work to
>fight against Torah (unfortunately, these types of people still exist, just
>as they have in every generation), they qualify handily.

*Tinok shenishba* is discussed in the gemara in Shevuot 5a
and Shabbat 68a,b; Rambam Hilchot Shegagot 7:2 and Hilchot
Mamrim 3:3.

Carefully read the definition of *tinok shenishba* as
codified by the Rema YD (Hilchot Ribit) 159:3 "she'eino yode'a mitorat
yisrael KLAL" [emphasis mine}; the Chazon Ish YD 2 s"k 16; the
Binyan Tzion 23; the Melamed l'Ho'il Orach Chaim 5; and even the
Iggrot Moshe OC 33 [the last three deal with Mechalel Shabbat
b'Farhesia and concede that today it may be considered
b'Tzin'a rather than b'farhesia if it's done for $$$].  But a very
careful reading of all the above does NOT include the one who
intermarries as *tinok shenishba*. And the Chazon Ish simply refers to
not carrying out (20th Century) of *moridim velo ma'alin*

And even with regard to a *tinok shenishba*, there is no prohibition
of *ona'at devarim* [Rema in Choshen Mishpat 228;1]; there is
permission to denigrate him [Chafetz Chaim 4:7]; there is no concern
for his degradation [Chochmat Shlomo ORACH CHAIM 311]; and there
is a prohibition to honor him [Shaarei Tshuva 3:189].

And that's for a *tinok shenishba* [someone who grew up without ANY
knowledge of Judaism whatsoever].

Now we come to the heavy artillery: the definition of an *apikorus*.
The Meiri in Sanhedrin 90a defines an apikorus as one who doesn't follow
the Oral Law and one whose rulings cause others to sin ["v'chen
machti'im ha'rabbim afilu l'dvarim kalim"]. He also explains the
phrase *megaleh panim batorah shelo k'halacha"  as one who uproots
a mitzva by explaining it allegorically. The Yerushalmi in Peah 5a
explains the phrase as someone who denies TORAH MIN HA'SHAMAYIM
[God giving the Chumash  verbatim to Moses at Sinai].

The Tshuvat HA'RASHBA VII 179 in the name of Rabbenu Yonah states that
someone who willfully volates the sabbath or who doesn't believe in
*divrei Chazal* [the Oral Torah] is a MIN and his touching wine places
it in the category of Yayin Nesech [prohibited to drink] (see also
the Nekudot haKesef YOREH DEAH 124]. The Mishna Brura 55 #47 writes
that anyone who doesn't beleive in the authority of the Oral Law can't
make a *minyan* or can't serve as a chazan [Mishna Brura 126 #2] (see
also the Biur Halacha 216 d"h "hamevarech apikorus").

See the gemara in Sanhedrin 99a: "v'afilu amar, 'kol hatorah kula min
hashamayim chutz m'pasuik zeh shelo amar ha'kadosh baruch hu elah
moshe mi'pi atzmo" is an apikorus. [even one who says the entire Torah
is from Hashem except for one verse (a line below uses the expression: "even
a grammatical change") but that Moses wrote it himself is an apikorus who
has no share in the World to Come]. See also the gemara in Avoda Zara 18a.

This what the Rambam writes about Apikorsim:

Hilchot Rotzeach U'Shmirat haNefesh 4:10:

"Heretics (ha'apikorsim), they are idolators or those who transgress
spitefully, even eating "nevelah" or wearing "sha'atnez" deliberately,
behold, this is a heretic (apikorus), and those who deny the Torah and
prophecy, it is a mitzvah to kill them (mitzvah l'hargan).  If there is
in one's power the strength/opportunity (koach) to kill them by sword,
one kills [him/her]..."

Denial of Mosaic (Divine) authorship of the Chumash is the putative
criterion of the KOFER BA'TORAH (one who denies the Torah). The Rambam
in Hilchot Tshuva 3:8 defines the KOFER BA'TORAH as one who  denies
that even one letter of the Chumash wasn't dictated by Moses directly from
Hashem. The punishment of the MIN, APIKORUS and KOFER BA'TORAH are delineated
by the Rambam in Hilchot Tshuva 3:6 (ein lo chelek l'olam ha'ba ela nichratim
v'ovdin v'nidonin al godel rish'am v'chatotam l'olam ul'olmei olamim [he has
no place in the World to Come; instead he is cut off and destroyed and
judged for his heinous crime for all eternity).

KT

Josh