[Avodah] Short Marriage

[Micha Berger]

On Wed, Nov 04, 2009 at 05:49:47PM -0500, Joseph C. Kaplan wrote:
: RMB explained RYBS's discussion of tav lemeisiv based on RAR and
: RAL's understanding of that talk. Here is a link to a transcript.
: http://mail-jewish.org/rav/talmud_torah.txt It doesn't seem to me
: that this tarnscript supports that explanation, but i could be missing
: something. Perhaps someone can point out where the "key line of the
: 've'el isheikh teshuqaseikh' but 'Do you think you're brighter than
: the Shagesaryei, Rabbi Aqiva Eiger, the Gra or Rav Chaim.'"

You understand that quote was a rough quote of RARR or RAL, not the
original. But I think this is the section he's talking about:

    ... No legislation can alleviate the pain of the single woman, and no
    legislation can change this role. She was burdened by the Almighty,
    after she violated the first [law]. Let me ask you a question --
    ribono shel olam, G-d Almighty, if you should start modifying and
    reassessing the chazakos upon which a multitude of halachos rest,
    you will destroy yehadus. So instead of philosophizing, let us
    rather light a match and set fire to the beis yisrael, and get rid
    of our problems.

    I also was told that it was recommended that the method afkinu rabanan
    l'kidushin minei [23] be reintroduced. If this recommendation is
    accepted, and I hope it will not be accepted, but if it is accepted,
    then there will be no need for a get. Ha-isha niknes b'shalosh
    d'rachim: b'kesef b'shtar ub'bia [24], the get of a gerushah (divorced
    woman) -- we will be able to cross out this mishna, this halachah;
    every rabbi will suspend the kidushin. Why should there be this
    halachah if such a privilege exists? Why should this privilege be
    monopolized by rabanus haroshis [25] in eretz yisrael? Why couldn't
    the Rabbinic Council do just as well as the rabanus haroshis, if the
    problem is afkinu rabbanan l'kidushin minei? [ribono shel olam],
    what are you, out to destroy all of it? I will be relieved of two
    masechtos; I will not have to say shiurim on Gitin and Kidushin,
    and then Yevamos as well.

    I want to be frank and open. Do you expect to survive as
    Orthodox rabbis? Do you expect to carry on the mesorah under such
    circumstances? ...

    I also was told that it was recommended that the method afkinu rabanan
    l'kidushin minei [23] be reintroduced. If this recommendation is
    accepted, and I hope it will not be accepted, but if it is accepted,
    then there will be no need for a get. Ha-isha niknes b'shalosh
    d'rachim: b'kesef b'shtar ub'bia [24], the get of a gerushah (divorced
    woman) -- we will be able to cross out this mishna, this halachah;
    every rabbi will suspend the kidushin. Why should there be this
    halachah if such a privilege exists? ... There is a certain system
    of postulates to which people are committed, and such a discussion,
    for instance at the National Convention of the Republican party,
    would be outside the system of postulates to which the American
    people are committed. And to speak about changing the halachos of
    chazal is, of course, at least as nonsensical as discussions about
    communism at the Republican National Convention. It is discussing
    self-destruction, a method of self-destruction and suicide. ...

And this is what RYBS reiterates in the closing
    This is why the Rambam says that talmud torah is identical to
    kabalas ol malchus shamayim, and to speak about halachah as a fossil,
    rachmana latzlom, is ridiculous. Because we know, those who study
    halachah know, it is a living, dynamic discipline which was given
    to man in order to redeem him and to save him. We are opposed to
    sh'nuim (changes) of course, but chidush [34] is certainly the very
    essence of halachah. There are no sh'nuim in halachah, but there
    are great chidushim. But the chidushim are within the system,
    not from the outside. ...

Tir'u baTov!
-Micha

-- 
Micha Berger             "The worst thing that can happen to a
micha at aishdas.org        person is to remain asleep and untamed."
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