Audio Roundup CIV
by Joel Rich
In a number of places in his commentary on Tanach and shas, Rashi says “kach shamati” (this is what I heard), sometimes he provides a citation and sometimes an alternative explanation, other times neither.
Question: Does this imply that all other times Rashi is providing an original interpretation? If not, what are his general principles for noting kach shamati?
Over Shabbat we studied the requirement of VKidashto and giving a Kohain preference. Question: All other things being equal, why don’t we give a Kohain preference for leading the services? (For my slightly cynical answer see Aruch Hashulchan – O”C 53:5.)
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Please excuse my riff but this topic is the main reason the chaburah that I learn with on Shabbat afternoon chose mesechet horiyot and we’ve just reached the prioritization mishnayot at the end of the mesechta which I’m sure will be accompanied by a blizzard of source sheets as we wrestle with the sources mentioned herein and more.
From a philosophical standpoint, R’DF explains that there is no one algorithm identified by the poskim – more a “halachic heart” (my terminology) that must be developed (one of my TOE questions – is there one “right” answer that maximizes HKB”H satisfaction?)
Discussion of some sources and is focus of prioritization on results of the prioritization or what it says about our own character?
Good discussion of the water bottle in the desert case – is the implication regarding choosing between temporary vs. long term survival, or the impact of ownership of the resource (huge implications )
2 questions for R’DF (or anyone who has access to him) – 1) Do you think the Chazon Ish would have said it’s ok to divert the arrow if the current path would kill 1 and the deflected path 5? (see here: link for more questions); 2) Do you think all the poskim minimized the impact of horiyot priorities (by making it a tie breaker only if everything else is equal) due to technical rules of psak or because of other reasons?
How does new technology enter the halachic stream? (e.g. how would halacha view videotape evidence?).
Here a fascinating account of DNA evidence with 9/11 case studies.
Interesting comment on R’Uzziel’s approach to scientific evidence (blood type) vs. R’Herzog perhaps (me – if one is allowed to say such things) based on R’Herzog’s secular education.
Claim that 1/1000 chance of error is non-material for halachic purposes (me – source please?)
Good description of science involved. End result of DNA evidence is acceptable for inheritance not for mamzeirut (maybe father, if not husband, is non-ben-brit and thus no mamzer issue).
For those who on the Chazal vs. science question say the halacha, as promulgated by Chazal, stands even if the science Chazal based it on is wrong – because maybe Chazal knew the halacha was what it was and just gave a reason (i.e. the reason was descriptive not prescriptive) – Question – then how can we ever extrapolate from reasons Chazal gave for halacha to new cases/circumstances (in general)?
1st in a series. R’Marc is, as usual, knowledgable and entertaining. His “sichat chulin” (side comments?) are worthwhile in and of themselves. Here finishing off the prior series of R’Eliezer Berkovitz – his view on the holocaust as well as those of others and some random thoughts on the “shelo asani” brachot as well as kashrut issues.
R’Chaim Ozer as a singular political and religious leader, discussion of R’YBS’s eulogy as the clearest statement of daat torah ideology (which R’YBS later rejected after the holocaust – based on the psak of HKB”H).
Interesting how R’Marc identified (I knew there was a reason I liked him!) what I’ve always thought as the most impressive thing about R’YBS, that he knowingly gave up the straight shot to “The Gadol Hador” status by identifying with Mizrachi, because he thought Dos Zogt Gott (it’s what HKB”H wants).
Two part discussion concerning “relevations” of individual’s background. Interesting (to me) is how many people assume that Clergy/MD confidentiality is baked into halacha (vs. others who can babble?). Lots of specific examples and discussion of how to balance the conflicting priorities of the various parties’ interests and assumed consent.
IMHO no cookbook answers – and “erring” on the side of “conservatism” (which seems the popular approach) is incorrect as this is often a zero sum game (someone loses for every win).
“In a word” the prohibition of Lo taamod (don’t stand idly by) and Lo telech rachil (don’t gossip) are in the same sentence and often need to be held in the balance together!
What is the source of the prohibition on wine and meat consumption during the 9 days? 1) they remind us of the sacrifices/libations of the beit hamikdash; or 2) they are signs of joy; or 3) there are certain times we do things at a heightened level that could have been a year round requirement (e.g. mikveh on erev Yom Kippur).
BTW, 9 days prohibitions may be IMHO a good example of more than one underlying source for the various prohibitions (i.e. you couldn’t derive a single unifying theory with just the data points alone).
Differentiating Gush Katif from Yamit? An extremely complex issue – the interaction of halacha and law of the state. Differing opinions mentioned, as well as a lot of politics.
Changes in technology and Dr./patient relationships have dramatically challenged medical ethics in the secular world. Different cultures emphasize different ethical priorities differently.
Differing approaches to determining ethical priorities impact on practical decisions (rules based, case based, in-between) are discussed with specific examples. Halacha as case based/rules based.
Additional Jewish complexities include our focus on responsibilities vs. rights, the obligation to treat (and be treated), and the posek as final authority.
Review of the many issues concomitant with assisted reproduction – who is the mother, who is the father, what is the nationality of the child?…the questions will keep on coming as the technology advances (me – do we have a framework to respond?).
Issues of public vs. private banking of cord blood (me – perhaps one needs to study ruin theory before investing in banking one’s child’s blood).
Issues of bitachon in the context of normal life (e.g. insurance).
Why are some communities (historical) more into philosophical issues than others? Philosophy in Moslem lands was written in Arabic which everyone understood vs. Christian lands where it was in Latin. The Arabic Jewish writings were later translated into Hebrew and were very controversial in Europe (e.g. Rambam/Provence).
Mishkav Zachor is definitely prohibited! How deal with them – Rachmanim, bayshanim, gomlei chossodim (merciful, demure, kind). As long as they are bayshanim we need to be rachmanim and gomlei chossodim. Some interesting practical Q&A at the end.
Is Tadir (more frequent) as a higher priority an issue of more important or just a conflict resolution issue. Some practical differentiations (e.g. daven mincha or mussaf first).
If you’re far away from the Temple (derech rchoka) you’re exempt from bringing the Passover sacrifice. As a general rule (as well as specific to this Passover case), is there a requirement to try to put yourself in a position where you will not be exempt from a mitzvah?
Should there be a change in the bracha of nacheim (Tisha B’AV) to reflect that Jerusalem is no longer physically destroyed. 1) no changes in format of prayers; 2) no changes in this specific one (written by Anshei Knesset Hagedolah)?; 3) could change (e.g. U’vneih yerushalayim couldn’t have always been in birchat hamazon).
Is the prayer reflective of physical destruction or spiritual distance?
We’re in favor of pluralism as a counter to baseless hatred.
We need to understand the need to connect with eretz Yisrael and to return there to be with HKB”H.
R’Ehrman’s insight into what the gemara meant by “the humility of R’Zecharya Bar Aukulus” caused the destruction of the temple.
MA hilchos Pesach says we arent makpid on vkidashto anymore for anything bc they are kohanei chazaka.
and the brshus hakohanim is just a throwback to days of yore?
KT
“Claim that 1/1000 chance of error is non-material for halachic purposes (me – source please?)”
I’ve heard it on a RH”S shiur as well, quoting an Achron … I want to say Chasam Sofer? I think it was a shiur on scientific evidence, in which he quotes R’ Chaim Brisker that we’re allowed to use logic … halacha isn’t voodoo … something like that.
Regardless, One major influence towards that view is that Job twice uses (9:3, 33:23) אחת מני-אלף as an expression of something negligible. (Not that the halacha comes from Nach, but the halacha is we need not worry about the negligible, and Job tells us what’s called negligible.)
Shalom,
Thanks-it’s interesting since the only 1/1000 I could think of was chametz bpesach (so I wanted to say then it’s assur because of the chomer haissur blah, blah, blah).
It seemed a bit to me like a justification of where the halachic heart took them – I didn’t hear anyone say that it would be acceptable to matir an agunah based on it being a 1/1000 chance that someone who was seen going into the subway to the wtc that day and was never seen again, died in the attack.
KT
Joel,
A large number of things that aren’t batel b’shishim (davar hamaamid, davar chashuv, berya, davar sheyesh lo matirin, chametz) are described as “not batel, even in a thousand.” (Flavorings are a little different, they just need to be diluted to normal foodstuffs, e.g. a non-kosher flavored coffee is now batel b’shishim.) Probably the choice of phrase again because Biblically “one in a thousand” meant negligible. They’re not batel in 10,000 either; though R’ Shlomo Zalman applies common sense (*gasp!*), you can’t throw one piece of bread into the ocean and treif up the ocean on Pesach; there must be a line someplace … hm, the volume of the Mediterranean is about 1 quintillion gallons.
As for Rashi — my understanding is generally on Tanach he’s quoting a Medrish Chazal (but which choice of medrish … and how did Rashi paraphrase it … now that gets interesting); on Talmud, he had the existing draft Kuntrus of Mainz which was his starting point. So when Rashi introduces his own voice, he’s either departing from his usual sources, or they didn’t contain what he needed.
That’s what I had been taught, yet then why kach shamati if that’a really the standard?
I have always wondered about the ocean thing- so is there a bright line ?(by the intermesiate value theorm, if it’s not batel 1/10 and it is 1/1,000,000 – then there is some crossover point)
KT
1/1000 in Chasam Sofer YD 338.
skeptic-way cool!! one of my favorite topics (“saved by the bell”) Yet…….he doesn’t say where he got it from nor define miyut shbmiyuta -I suppose one knows it when one sees it (e.g. there is a stastical probability that I could stick my finger through a solid)
KT
If you look at the Pitchei Tshuva YD 357:1, he says the 1/1000 explicitly.
The plot thickens-doesn’t that say once in a 1000 years?
KT