[Avodah] Kol kevudah: a woman's place is in the home

Micha Berger micha at aishdas.org
Wed Sep 2 11:55:14 PDT 2009


On Wed, Sep 02, 2009 at 11:03:28AM +0100, Rn Chana Luntz wrote:
: Um, I rather suspect that the Rambam, if you asked him, would say that it
: was at most an asmachta, as otherwise he would be going against the
: principle that one does derive halachos from Nach.

It isn't the only case where this question arose.

However, if the question is one of "ought not" rather than out-right
issur, there is no problem deriving it from Nakh.

If the pasuq is to prove a preexisting din already existed by the time
that pasuq was written, one is using it as eidus, not as a maqor. Yes,
this makes the kelal about not deriving halakhah from Nakh to be pretty
close to moot, you can always say that you're brining evidence, not
saying it's the source. However, (1) I did say that this comes up a few
times, so perhaps we need a generalizable answer; and (2) it would still
eliminate the use of derashos on Nakh (if that's what you mean by
"derive").

Tir'u baTov!
-Micha

-- 
Micha Berger             Nearly all men can stand adversity,
micha at aishdas.org        but if you want to test a man's character,
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Fax: (270) 514-1507                      -Abraham Lincoln



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