[Avodah] Halachic Texts: More Background

[Richard Wolpoe]

On Sun, Jul 27, 2008 at 4:49 PM, <T613K at aol.com> wrote:

>   From: "Richard Wolpoe" rabbirichwolpoe at gmail.com
>
>
> >
> >>>>>
> Without getting into whether this would work halachically, I would like to
> point out that if you are working on the assumption that human nature has
> changed, I believe that assumption is incorrect.  For financial and social
> reasons, women find it easier to bail out of a bad marriage than they used
> to, but you still find that a majority of women would rather remain in an
> unhappy marriage, or stay with an abusive boyfriend, rather than be alone.
> You see this every day, among both Jewish and non-Jewish women.  *
> *
> *--Toby Katz
> =============*
>

I would say things have changed. Call it circumstances or nature. It is
documented inthe Gmara that the lishma re: Yibbum changed. Such Changes are
clearly recognized by Shas in other cases.  Look at takkanos that kept on
morphing re: kil'ayyim because ha'aramas changed.  And Sanhedrin ditched
misas beis Din because of increased violence. Our halachic literature is
replete with changes inattitudes, etc.

That does not mean that poskim have to repsond to EVERY last nuacne of
change. But to be mattir agunos, it is certainly plausible.

Furthermore, it is clear from Choshen Mishpat that communites and batei
Dinnim are exmpowered to do many things in the realm of hora'as sho'oh.
Think of the execution of 80 witches in 1 day as a Talmudic precedent for
over-riding 1 execution per shemita.



-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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