Volume 20 Number 18 Produced: Sun Jun 25 10:01:36 1995 Subjects Discussed In This Issue: Authorship of Torah [D.M.Wildman] Chazon Ish and Rashi [Yisrael Herczeg] Feet together after the Amidah [Shmuel Himelstein (n)] Moshiach and the death of Jews [Micha Berger] Naming children [Yitzhak Teutsch] Number of first-borns, 2/3 dying in Zechariah [Yechezkel Schatz] Physical Therapy and Negiah [Gerald Sutofsky] Wife and Mother: Same Names? [Chuck Karmiel] Yom Tov 2 [Zvi Weiss] Yom Tov Sheni [Louis Rayman] ---------------------------------------------------------------------- From: <dmw2@...> (D.M.Wildman) Date: 23 Jun 1995 17:29 EDT Subject: Authorship of Torah I recently came across a surprising Rashi that may provide a new twist to the discussion, several months ago, about authorship of the Bible and levels of Divine inspiration. The Rashi is on a Mishna in Chulin (100b) that deals with the prohibition of Gid HaNashe (forbidden part of an animal's thigh/rear-quarter). The Mishna determines that the prohibition began at the time of the Revelation at Sinai, but is reported in Genesis (32:33), in the context of Jacob wrestling with the angel since that is the historical background of the prohibition. The Mishna is pretty unambiguous: [The sages reply to R' Yehuda] "B'Sinai ne-emar, ela she-nichtav bimkomo." [The law was pronounced at Sinai but written in its place.] Rashi inexplicably spells this is out in more detail: (Pardon my translation.) The (relevant) verse prohibiting it (Gid HaNashe) was pronounced at Sinai, and until Sinai they were not prohibited. But it (the verse) was recorded in its place (i.e., Genesis) after it was said at Sinai. And (when?) Moshe wrote and arranged the Torah, he recorded this verse (at the place of) the story... Several obvious questions come to mind. 1. What in the Mishna is forcing Rashi to comment at all - isn't the apparent meaning of the Mishna's words adequately clear? 2. What is Rashi adding in the first part of his comment - or is he just being explicit in an uncharacteristic way? 3. Taken at face value, the last sentence in his comment clearly implies that Moshe "wrote and arranged" the Torah! This is radically different from the Orthodox party line I've always heard that Hashem dictated and Moshe transcribed. Furthermore, Rashi did not need to point out this radical interpretation - the Mishna is perfectly understandable assuming it was G-d's choice to edit His book in such a way - who needs Moshe to do the editing? What's going on here? 4. A possible explanation of #3 might be that the problematic comment is not really Rashi but an amendation from some later source. Does anyone know of other versions? Is there any reason to suspect the authenticity of all or parts of Rashi in Chulin? I looked for discussion of this Rashi in a few Achronim, but found nothing in my limited library and short search. Are there particular Achronim likely to address this Rashi? Comments? Danny Wildman ---------------------------------------------------------------------- From: Yisrael Herczeg <yherczeg@...> Date: Wed, 21 Jun 1995 02:17:09 GMT Subject: Chazon Ish and Rashi There has been a lot attributed to the Chazon Ish here recently, including the claim that there are places where he "ignores Rashi because he doesn't like Rashi's philosophy." Does anybody know where the Chazon Ish does this? Yisrael Herczeg ---------------------------------------------------------------------- From: Shmuel Himelstein (n) <himelstein@...> Date: Sun, 25 Jun 1995 08:17:32 GMT Subject: Feet together after the Amidah Shulchan Aruch Orach Chaim 123:2 rules that after a person has taken three steps back at the end of the Amidah, "he should stand and not return to his place until the Shatz reaches the Kedushah, but at the least until the Shatz begins to pray (i.e., the Chazarat Hashatz) aloud." Mishneh Berurah (n. 10) states that Lechatchilah one should remain in the same place until the Kedushah, unless the place is crowded. For some reason, a large number of people - including Gedolim whom I have observed - seem to ignore this proviso (the Rinat Yisrael Siddur, for example, which generally is quite accurate in Halachah, states that one takes 3 steps back, waits "a little," and then returns to one's former place.) Does anyone have a halachic explanation for the seeming dichotomy between what the Halachah dictates and the present-day practice of so many people? Shmuel Himelstein Phone: 972-2-864712 Fax 972-862041 <himelstein@...> (that's JerONE not Jer-L) Jerusalem, Israel ---------------------------------------------------------------------- From: Micha Berger <aishdas@...> Date: Wed, 21 Jun 1995 08:20:21 -0400 (EDT) Subject: Moshiach and the death of Jews For those Zionists who believe that Israel is "reishis tzmichas ge'uloseinu - the begining of the bolossoming of our redemption" we need not worry about the "birthpangs of the Messiah". It quite likely happened already. As Jonathan Katz pointed out in v20n14, Zecharia prophesied that 1/3 of the Jewish people would be killed. The same percentage we lost in the Shoah. ---------------------------------------------------------------------- From: Yitzhak Teutsch <TEUTSCH@...> Date: Wed, 21 Jun 1995 13:19:02 -0400 (EDT) Subject: Naming children Ronald Greenberg asks in mail-jewish v. 20, no. 13, about principles for naming children. In Hebrew, the book Sefer Otsar ha-Brit, vol. 1, by R. Yosef David Weisberg (Jerusalem, 1985) has an excellent survey of the many issues involved in naming both boys and girls (see pp. 203-236). A few of the topics covered: importance of a person's name (sources quoted at length); time of naming; who is entitled to name the 1st child, 2nd, etc.; using the name of someone who died young; using names from the era before Avraham Avinu; naming a boy after a woman and vice versa; combining the names of two people; giving two names; making an error in the naming. Both Ashkenazic and Sephardic practices are covered. In English, there is a general discussion in the Artscroll Bris milah book by R. Paysach Krohn (see pp. 35-51), but it offers much less detail and discusses the names of boys only. Hope this helps. Yitzhak Teutsch Harvard Law School Library Cambridge, Mass. USA ---------------------------------------------------------------------- From: Yechezkel Schatz <lpschatz@...> Date: 25 Jun 1995 09:45:59 +0200 Subject: Number of first-borns, 2/3 dying in Zechariah Jonathan Katz writes: 1) To paraphrase Harry Weiss, 4/5 of the Jews in Egypt dies during the plague of darkness. In Sanhedrin 111a, there is an opinion that only 2/600,000 did _not_ die during the plague of darkness. "Incidentally, the gemarra goes on to say the same proportion will apply to the coming of Moshiach." 2) In Zechariah (I believe chapter 12, but I am not sure) there is a prophecy which states that at the time of moshiach 1/3 of all the Jews will be killed. (it might be 2/3; sorry I don't have a tanach with me. The main point, though, is not obscured). My remarks: as to 1) An alternative theory to the midrashic approach suggested in mj, is the possibility that the number of first-borns stated in the book of Numbers refers to a select group of first-borns. Possible evidence for this interpretation is the mention of the "N'`arim" who helped Moshe with the sacrifices in Exodus chapter 24, before the tribe of Levi was chosen for that purpose. 2) The passage in Zechariah speaks of 2/3 of the people dying in the big war over Yerushalayim. I pray to G-d that the correct interpretation for those p'sukim is that they are referring to the enemy coming against us! ---------------------------------------------------------------------- From: <gerald.sutofsky@...> (Gerald Sutofsky) Date: Fri, 23 Jun 95 09:25:11 EST Subject: Physical Therapy and Negiah I submit the following for help and replies with regard to the following problem related to me by a young orthodox man that I am acquainted with. After suffering an injury to his hand he was compelled to go through surgery to correct the injury. The operation was performed by a frum surgeon who wears a kipah. The problem now is that he needed therapy, so he was sent to a group for this treatment. He was shocked and totally bewildered as he found that the therapists are all women who use various manuvers to twist the hand, fingers and massage the arm up to the elbow. Please let me know yours thoughts if he can accept this treatment as there is most definitely "negiah" between the therapists and this young man. ---------------------------------------------------------------------- From: <CBKARMIEL@...> (Chuck Karmiel) Date: Wed, 21 Jun 1995 23:46:32 -0400 Subject: Wife and Mother: Same Names? What is the source of the law/custom preventing one from marrying a woman with the same Hebrew name as one's mother? Is it a universally accepted, Ashkenazic/Sephardic, law/custom? Any information regarding this subject would be welcome, including any common "heterim" or circumstances which would allow it. <cbkarmiel@...> Thanks. ---------------------------------------------------------------------- From: Zvi Weiss <weissz@...> Date: Tue, 20 Jun 1995 19:04:45 -0400 (EDT) Subject: Yom Tov 2 Norman Singer misunderstands me... I did *not* say that we keep Yom Tov Sheni because it caught on -- even if the reason is wrong. I supplied source material to state that the Sanhedrin EXPLICITLY declared that even though we NOW know when the calendar comes out, we are to continue keeping this "custom". thus, there has been an explicit halachic decision that -- in effect -- redefines the rule of Yome Tov Sheni from a pure "Safek" (case of "Doubt") to a special "Minhag" (Custom) to be kept in the Diaspora. An interesting ramification of this is the fact that we keep 2 days of Shavuot even though THAT holiday is not dependent upon the determination of Rosh Chodesh.... --Zvi ---------------------------------------------------------------------- From: <lou@...> (Louis Rayman) Date: Wed, 21 Jun 95 9:59:28 EDT Subject: Yom Tov Sheni Norman Y. Singer (<nsinger@...>) reviews his objections to the continued observance of Yom Tov Sheni shel Galyus (the second day of yom tov in the Galut) in mj 20.14 (these are points 2 and 3 of 5): - The second day was perpetuated after the establishment of the calendar in anticipation of the rebuilding of the Bet Hamikdash. - When the Bet Hamikdash is rebuilt, the second day will not be observed because with modern communications everyone interested will know when the holidays fall. I fail to see the connection between Yom Tov Sheni and the destruction and (bimhera b'yameinu) the rebuilding of the Bais Hamikdash (BH"M). As the mishna and gemara in Rosh HaShana explain, various methods were tried to get the message to the Jews of Bavel when the Sanhedrin proclaimed a new month. None proved totally effective in reaching everybody - those places that could not be reached by the 15th of the month had to keep 2 days yom tov. This was the case before the destruction of the BH"M as well as after. Also, when the gemara in Betzah turns its attention to 2 days of Rosh Hashana, it is clear that the ONLY reason to keep 2 days (even in Yerushalayim) was because the BH"M was standing, and the Levi'im did not know whether TODAY was the 1st of Tishrei or the last of Elul. Again, it has nothing to do with the destruction of the BH"M. As Yochanan Meisler (jm8o+@andrew.cmu.edu) points out (also in mj 20.14), after the institution of the fixed calendar, there was a takanah made for the Jews of Chutz La'aretz to continue keeping 2 days of yom tov. In order to override that takanah, we would need a new one to take its place. Unfortunately, in our day, not only are a great proportion of our people in Galut, the Halacha is in Galut too. (Besheim Omro: the following point was made to me by my brother, Rav Moshe Rayman) The Gemara in Sanhedrin discusses how, with the departure of the Sanhedrin from it usual meeting place in the BH"M, it lost certain powers. The further from the BH"M it met, the weaker it grew. What we are left with is a legal system with very limited powers of enforcement (and even those are at the sufferance of the local governments), and almost no powers of legislation. Until this situation is rectified with the reestablishment of the Sanhedrin, we are limited in what we can do about reletivly minor inconveniences like two days of yom tov, or major tragedies like the man who is using his daughter as a hostage in his fight with his ex-wife. Lou Rayman - Hired Gun _ |_ Client Site: <lou@...> 212/603-3375 .| | Main Office: <louis.rayman@...> | / ----------------------------------------------------------------------
End of Volume 20 Issue 18