[Avodah] The Aruch haShulchan and the Government

[Micha Berger via Avodah]

There is a popular theory that the positive description of the gov't found
repeatedly found in the AhS is self-censorship and an attempt to make sure
his works make it through the government censorship and approval process.

But there are times he goes far beyond this, complimenting them in ways
no censor would have expected, never mind demanded.

For example EhE 42:51, the discussion of marrying in front of witnesses
\who are pesulei eidus deOraisa -- eg converts away from Judaism. Rashi
has a case of an anoos who got married with other anoosim, and they
all returned. Rashi ruled that she needs a gett, because maybe they had
hirhurei teshuvah and at that moment were valid eidim.

Then he adds
    Veda, dekol zeh eino inyan bizmaneinu
    shemalkhei ha'umos malkhei chesed.
    They would never force someone to convert.

Okay, he could have remained silent. But he not only writes this, he
continues further with a pesaq based on this assumption: Since today's
converts are willing, they are so unlikely to have hirhurei teshuvah,
we don't have to be chosheish for it.

So, to make a point he didn't have to just to slip by the gov't, he
suggests that a woman could remarry without a gett! Was it really SO
obvious that to unnecessarily add a little butter to his buttering up
to the gov't he would risk some LOR causing mamzeirus?

In terms of timing, the first booklets of EhE started coming out in
1905. (After YD, which came out 1897-1905.) He stopped sometime during
or before 1908, his petirah; but he could have written this well before
1905 -- I only know the publishing date. 1905 was the year the empire
survived the Russian Refolution, which was over this very issue of
Russification of minorities, among other things. Which then led to a new
Russioan Constitution, a multi-party system, the Imperial Duma... and
11 years later, the Soviets.

So, it's hard to believe he meant it, but it's hard to believe he would
risk empty flattery with those stakes!


Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 44th day, which is
micha at aishdas.org        6 weeks and 2 days in/toward the omer.
http://www.aishdas.org   Gevurah sheb'Malchus: What type of justice
Fax: (270) 514-1507                            does unity demand?