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Subject: Bava Basra 27b - msg#00208
List: culture.religion.jewish.avodah
The Mishna on 27b: R Shimon disagrees with the Tanna Kamma and says that
any tree whose branches extend over the public domain may be cut b/c
of tumah. The halacha apparently is not like R Shimon, but the Gemara
never actually rejects R Shimon's opinion.
So: why _is_ R Shimon's opinion not the halacha?
- Sholom
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Re: Calling A Spade A Spade: Rambam and Kollel
From: "Zvi Lampel" <hlampel@xxxxxxxxxxx>
I would be interested in seeing a source for this claim that the
Rambam's brother's support was dependent upon capital that the Rambam
supplied.
See Igroth HaRambam, ed. Sheilat, p. 229 (the letter to R. Yefeth).
David Riceman
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hekesh
Gershon Dubin asked:
> Rashi says in Sukka that of the 13 midos shehaTorah nidreshes bahen,
> only kal vachomer is "do-it-yourself", not hekesh. Which mida of the 13
> is hekesh?
Hekesh belongs to the midah of gezerah shava.
In a hekesh, however, the two subjects to be compared (makkish) are
found in one and the same possuk.
See tosafos on Sukkah 31a (d'h v''ry savar lo makshinon).
Hekesh does not figure explicitly in R. Yishmael's 13 midos.
Rashbatz states that something learned from a hekesh is an essential
part of Torah (Guf Torah) as if it was written in the Torah itself,
and therefor hekesh is preferable (adif) to a gezerah shavah.
That is why this midah is not mentioned by R. Yishmael in his 13 midos
shehaTorah nidreshes bahem -- because it is a Guf Torah.
see Sefer Kerisos (edn: Jerusalem, 5743 page 41, note 40 )
Kol Tuv
Yitschak Maser
Montpellier,France
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R Zechariah b Avkolus
> R Zechariah b Avkolus was, in fact, the greatest member of Sanhedrin at
> the time. When the case of Bar Kamtza came before the Sanhedrin he should
> have given his opinion last, in accordance with "poschin min hatzad."
> However, Rav Zecharia b Avkolus was a great "onov"...
At the time of the Churban there was R. Yochanan ben Zakai and R.
Shimon ben gamliel I.
How can one say that R Zechariah b Avkolus was the greatest. He is not
well known outside of this story.
Eli Turkel
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Midrash R'eh, Reward and punishment
[Forwarded from Midrash and Method <http://www.aishdas.org/midrash>
because it deals with our recurring topic of universal vs
limited HP. -mi]
Reward and punishment: Automatic or Personal.
Jewish thought contains a variety of positions on almost every theological
issue of importance. We often find a particular position or debate
expressed in a medieval work or even by a fairly recent thinker and we,
therefore, tend to think that the author is the originator of the idea
or concept. As we had seen many times in this series, careful reading
of midrash often leads us to the discovery of such a position already
in the words of Tannaim. Undoubtedly, some such interpretations are
forced; each one deserves to be judged solely on its merits and on how
well it explicates the passage under consideration. However, and this
goes beyond apologetics to methodology, an encounter with a "difficult"
midrash should stimulate an erudite reader to search for a theological
issue that may explain the "difficulty". Directed by midrash itself,
Scriptural antecedents of the view or contending views may then be
discovered, confirming the essential unity of all Torah.
Let us look at one such problem -- does God cause suffering? The problem
of theodicy is, of course, one of central religious issues and one that
notoriously lacks a definitive solution. It is obviously desirable to
remove God from being the direct cause of human pain; on the other hand,
God who does not directly and personally punish evil and rewards good,
appears far too distant and irrelevant. It is difficult to worship or
pray to such a Deity. There seem to be an irresolvable conundrum and
dilemma and there is no satisfactory resolution -- either God punishes
directly for sin and He is therefore responsible for human pain, or,
if reward and punishment are merely natural consequences of obedience
and disobedience, He is hardly involved in out lives and not much of a
personal God. Much ink has been spilled on trying to resolve and bring
closer these two polarities but that is not our focus here.
Much of Jewish liturgy takes the first view. Philosophy and Kabbalah
tends to the second. This is how it is stated by R. Chaim Shmulevits in
Sichos Mussar: "...we must view the punishment meted out for interpersonal
offenses in a different manner. It is not retribution in the sense of
reward and punishment, rather it is part and parcel of the reality our
existence. As surely as one must be hurt by a collision with another
object, so too must one be hurt when one has hurt another's feelings. When
one puts his hand into a fire it will be burned, countless good reasons
for doing so notwithstanding".
The Midrash Deteronomy Rabbah 4,1 reports the following view of R. Elazar
on this issue.
Another interpretation: Hear and listen and do not rise up (Yirmiah
14). R. Elazar said: The Book and the sword came down wrapped
together from heaven. He said to them: If you do what is written
in this book, you are saved from this sword. If you do not do it,
you will be killed by the sword...
Hear, I set before you today blessing and curse... R. Elazar said:
Once HKBH said this at Sinai, at that time -- "from the mouth of
the High One will not go forth evils and good (Lament. 3). But,
evil comes of its own to those who do evil and good comes of its
own to those who do good.."
Thus, reward and punishment are on autopilot. One who does evil
automatically suffers the effect of his actions and one who does good
is automatically rewarded. This is a spiritual law that Hashem has
set up in the world; what's more, He has notified and warned us of its
existence. He who chooses to disregard this law is responsible for the
outcome and Hashem is blameless for the result.
R. Chagi said: Not only did I set before you two paths but went
beyond the call of duty and told you, "You shall choose life".
The issue is aslo discussed in the Sifri ad loc. The passage is
obscure. Bringing this theological issue into explicating it provides
us with an approach that makes it much more intelligible.
Blessing and Curse. Blessing that you listen and curse if you do
not listen...A similar instance, " If you do well, accrue good and
if not, accrue bad (Genesis 4).
Explanation; Do not be misled by the wording to think that obedience
is its own reward and blessing; rather, sin leads directly to being
punished by G-d as Cain was in the proof-text, and doing good leads to
direct reward as stated there.
R. Eliezer the son of R. Yosi Haglili says: Who would whisper such
a suggestion? The Torah said: "The blessing it you listen and the
curse if you don't listen". A similar instance, "Life and death are
in the power of tongue and he who loves it eats its fruit (Proverbs
18). He who loves (good) speech eats its fruits; one who loves evil
eats its fruits.
R. Eliezer the son of R. Yosi Haglili says: Who would whisper such
a suggestion?
Torah said: Watch you tongue from evil (Psalms 34) A similar instance
-- "For the righteous will be rewarded( passive form -- ishulam)
in the land (Proverbs 11)."
These two versions of R. Eliezer advocate the "automatic" theory of
reward and punishment and bring proof-texts to support them. R. Yosi,
the brother of R. Eleizer disagrees. According to R. Yosi, reward and
punishment are direct interventions by the Divine.
R. Yosi, the son of R,. Yosi Haglili says: Who would whisper such
a suggestion? The Torah says, " All that G-d does is by Himself
(lmaaneihu) and also the evil one ( is punished) on the day of evil
(Ibid 77).".
I offer this passage as an example of how one can use basic theological
issues that are discussed in later Rabbinic literature as tools with
which to approach obscure Tannaitic midrash. I do not claim that
this particular interpretation is the only possible one or that it is
correct. I also admit that application of this technique is subjective
and as all chidush in Torah can lead to good and persuasive results or
to strained und unappealing interpretations. What I do wish to express
is a methodological point that, if utilized carefully and correctly,
can open the gates of interpretation a little bit wider and can aid
a student of midrash toward better understanding and a more rewarding
encounter with obscure midrashic passages.
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