Volume 38 Number 58 Produced: Thu Feb 13 5:28:56 US/Eastern 2003 Subjects Discussed In This Issue: Ellul [Matthew Pearlman] Female Gedoloth [Michael Rogovin] Halchik reflections on Singles Groups [David Cohen] Holanit [Bob Werman] Holanith [Mark Steiner] Rodkinson Talmud [Joseph Lauer] Torah Study and Effort [Yehonatan and Randy Chipman] Witnesses to New Moon (was: Elul) [Ira L. Jacobson] ---------------------------------------------------------------------- From: Matthew Pearlman <Matthew.Pearlman@...> Date: Mon, 10 Feb 2003 16:41:48 -0000 Subject: RE: Ellul Regarding testimony for the new month, Ira Jacobson raised as a problem "That sounds to me as though they are imputing to the Sanhedrin the will to ignore the testimony of the witnesses who came to report seeing the molad". In fact the Gemara (Rosh Hashana 20a) includes opinions that go much further than this. The most straightforward reading (I hesitate to say pshat, but it is the way that Rashi understands it) is that not only could the Sanhedrin ignore the testimony of witnesses who saw the molad; but it could also cause individuals to give testimony that they had seen the molad when in fact they had not. The Rambam rules according to this opinion in the gemara, but has a novel understanding which does not require anyone to testify about something they didn't see or vice versa. Matthew ---------------------------------------------------------------------- From: Michael Rogovin <rogovin@...> Date: Tue, 11 Feb 2003 09:27:33 -0500 Subject: Re: Female Gedoloth An aside... Many years ago while learning in an Israeli Ba'ale T'shuva yeshiva, I was told that one should stand when a Rav walks into a room and that, furthermore, one should stand when a Rebbitzin enters a room, l'chvod haRav. Another student asked if one should stand when a G'dola baTorah, such as Nechama Leibowitz enters a room. Before the Rabbi could answer, I amended the question: should one stand for her husband l'chvodah? The answer, after a brief pause, was that well she was "only" learned in Torah, not Talmud so he did not need to answer that question. Since I really believe that people should be shown respect for their contributions, not those of others, I shrigged off the non-response, but always remembered the discomfort with a woman scholar who was obviously a g'dolah in her field of Torah study, but who didn't fit into this person's worldview of the proper role for women in learning. Of course, the general disregard for "Torah" learning compared to Talmudic scholarship in the yeshiva world provided an easy out, though other posters have pointed out her broader knowledge of Talmud. It should not matter whether one is male or female, a Jew by birth or a convert, from a family of ten generations of scholars or of ten generations of laborers, from the black hat or modern orthodox community (or maybe, I say maybe, the non-orthodox community under certain limited circumstances). What counts (or at least, what should count) is what you know and how you apply your knowledge in your personal practice and your scholarship/writing/teaching. Michael Rogovin ---------------------------------------------------------------------- From: David Cohen <david.cohen@...> Date: Tue, 11 Feb 2003 10:40:45 -0500 Subject: re: Halchik reflections on Singles Groups >"First of all--even though it is clicheish---it is a violation of a >Biblical positive commandment -- Love thy neighbor like thyself --- to >avoid providing opportunities for potential social interaction (IN THE >MANNER IN WHICH THE PEOPLE NEED IT.)" To consider this a violation of "Love Your neighbor" is patently absurd. I have never seen it written anywhere that avoiding the provision of social interaction between men and women is a violation of "Love your neighbor etc." I actually agree that such provisions should be made within a community, but I think relating it to the commandment of "Love yor neighbor" is a deliberate manipulation of the law. It is even more absurd to state that ultra-orthodox comunities that have a shidduch system are violating "Love Your neighbor" by not providing areas for social interactions between men and women. >"Next, there are several opinions that healing the sick is a fulfillment >of the commandment to return LOST ARTICLES (since a persons health has >been "lost" and needs to be returned). It would therefore follow that we >are Biblically obligated to help people who have lost their mates." I don't know if the above reaches the level of "megaleh panim batorah sheloh kahalachah" but I'm not sure how it "follows" from restoring health that we have the obligation to restore social interaction to those who have lost their mates. >"In other words---there are two sides here---there is the >urge to have very high standards of modesty vs the Biblical obligation >to help people get married." to manipulate the text in order to find a biblical commandment that mandates social interaction between men and women is to turn the halachah on its head. The above manipulates biblical mandate in order to directly contradict pirkei avot's famous dictum of "al tarbeh sichah im ha'isha." Social interaction may be necessary in order to get married, but no one ever said it MUST be provided or that the bible MANDATES the provision of this interaction or the interaction itself. >"My response is an explicit Talmudic hypothetical in which an >ultra-orthodox sees a (naked) woman drowing and hesitates to save her (a >Biblical obligation) because he feels he might make (or touch) >inappropriately The Talmud calls such a person a foolish ultra-orthodox." more deliberate manipulation. the author here compares loss of life to lack of social interaction. this is almost as bad as the manipulation of biblical mandate. to be sure, people can and do get married without a "singles scene." And they even end up happy! to come and say that the way the we've been doing it for thousands of years is suddenly a transgression of biblical commandment and comparable to the one who doesn't save a naked woman from her death is simply perncious logic at its worst. Respectfully, David A. Cohen ---------------------------------------------------------------------- From: <RWERMAN@...> (Bob Werman) Date: Tue, 11 Feb 2003 12:36 +0200 Subject: Holanit I think the discussion on holanit is going astray. Look at TB Baba Batra 119b where we find tzadkaniyot, darshaniyot, and xakhmaniyot. __Bob Werman <rwerman@...> ---------------------------------------------------------------------- From: Mark Steiner <marksa@...> Date: Tue, 11 Feb 2003 15:22:17 +0200 Subject: Re: Holanith > > Accordingly, it would be better to use holanith in shul, as is the > > custom. Mark Steiner > Hmmmm....I guess you mean "as is your custom." Query: for men, do you > say "holan"? Two comments on this: (1) When I say "the custom" I mean what is printed in traditional siddurim (which have not been "corrected" by self-styled "baalei didkduk"). I have no custom on the matter since I'm not the gabbai (B"H). (2) For men, you do not say "holan" as there is no occurrence of holan or holanim in Hazal or later rabbinic literature, at least on the extensive literature found on my CD. What seems to be the case is that certain Biblical adjectives which appear also in rabbinic Hebrew get altered (Aramaicized?) in the feminine gender by adding nun: thus tsadkanith, hakhmanith (said of the Daughters of Tselofhad, interesting that nobody mentioned them as "gedolot" batorah--they are referred to as darshaniyoth also). The masculine of hakhmanith is of course hakham, not hakhman, which does not appear anywhere in Hazal. When you are looking at such a huge amount of literature there are bound to be exceptions, e.g. I did find "tsadkan" instead of "tsadik" once in Hazal, but this is the exception that proves the rule. I didn't find "tsadikah" in Hazal, though I did find the expression "tsadikim vetsadikoth", in which perhaps the latter word reverts back to Biblical Hebrew because the influence of the masculine tsadikim. If the above is correct, then the Meiri's distinction (which I cited in a previous posting) between holah and holanith is incorrect. Rather the truth would be (again, if I'm correct) that the only difference between holah and holanith is chronological, rather than semantic: holah is Biblical and holanith Rabbinic. Would anybody on this list dare to suggest that the Daughters of Tselofhad were "only" hakhmaniyoth and not hakhamoth? A final postscript: in rabbinic Hebrew the "nun" form IS used in certain masculine nouns, as "darshan," "batlan." (In "Yerushalmi type" mss., the spelling is "dorshan," "botlan".) My remarks here were about adjectives. Mark Steiner ---------------------------------------------------------------------- From: Joseph Lauer <josephlauer@...> Date: Mon, 10 Feb 2003 12:13:58 -0500 Subject: Rodkinson Talmud In MJ 38:53, Alan Rubin wrote that he had >just come across the translation of part of Talmud Bavli >(Babylonian Talmud) by Rodkinson. There is a translation of Moed and >Nezikin posted on the site http://www.sacred-texts.com/jud/index.htm > >I was not aware of the existence of this translation. Does anyone have >any knowledge of this translation, its provenance and standing? Although I have not researched the Rodkinson Talmud in depth, I went through parts of it many years ago and read a bit about it in the intervening years. Some of its history and a flavor of some of the criticisms leveled against it can be gleaned from the few introductory paragraphs at the "Texts of Judaism" website provided by Alan Rubin (and thank you for doing so). As I remember it, though, the major criticism, aside from its selectivity, was that it was not a very good translation and conveyor of the Talmud's discussions. A brief biography of Michael Levi [Frumkin] Rodkinson (1845-1904) can be found at 14 Encyclopedia Judaica 218, which notes that "[i]n his later years he devoted himself to translating the Talmud into English. The value of this translation, printed in two editions, lies only in the fact that it is a pioneering effort." The encyclopedia's discussion of translations of the Babylonian Talmud (15 EJ at 768) states, "... the first attempt at what purported to be an English translation was an unscholarly abridgement in 20 volumes (1896-1903) by M. L. Rodkinson." Rodkinson is very briefly mentioned in the Jewish Encyclopedia from the early 1900s at the end of the entry devoted to his brother, FRUMKIN, ISRAEL DOB (BAR) ("His brother Michael Levi, who assumed the name Rodkinson, has published translations of portions of the Talmud in New York."). See <http://www.jewishencyclopedia.com/view.jsp?artid=435&letter=F> In light of the existence of modern, in-depth English translations of the Talmud, such as the Soncino Talmud, the Talmud El-Am (which, unfortunately, only published portions of a few tractates), the Steinsalz Talmud (not yet complete), and the ArtScroll Talmud (nearing completion), it is unlikely that reliance on the Rodkinson Talmud would be recommended. Be well! Joseph I. Lauer Brooklyn, New York ---------------------------------------------------------------------- From: Yehonatan and Randy Chipman <yonarand@...> Date: Sun, 09 Feb 2003 22:15:42 +0200 Subject: Re: Torah Study and Effort In MJv38n47, Michael Kahn wrote (among other things): <<I think the gemara says (not sure where) that one who is unsuccessful in his learning after 5 years (aino roeh siman bracha) will never be succesfull.( I'm not sure I understand what the Gemara's point is. Should such a person stop learning?)>> I believe that the gemara's point there is not that a peson should stop learning totally, but was more concerned with what might be called the "admissions policy" for the Beit Midrash. Bet Hillel and Bet Shammai argued whether the Bait Midrash should be open to all. Should one only accept a "talmid hagun," i.e, "a respectable / decent student" (Beit Shammai), or everyone (Bet Hillel). But even according to Bet Hillel, one who does not see blessing in his learning after five years, should stop learning AS HIS MAIN OCCUPATION. Quite simply, they both recognized that there are some people who are just plain not as bright as others, and are not cut out for "book learning." (see my posting about the "gadol" controversy and my answer to Russell's remarks.) I don't know whether there was public financial support for certain students in those days like there is now, but this idea could certainly be applied to today's situation. Whatever one's views may be about the Haredi world's approach, in which a large-part of the population is learning full-time, being supprted by parents, wives, the state, etc., there are certainly some people in the yeshiva system who shoudn't be enjoying these benefits -- people who are milling water, whose bodies are in the Beit Midarsh, but whose minds are not, and whom no number of Mussar shmusim will help. It was that sort of person our gemara was referring to. Yehonatan Chipman ---------------------------------------------------------------------- From: Ira L. Jacobson <laser@...> Date: Tue, 11 Feb 2003 15:46:56 +0200 Subject: Re: Witnesses to New Moon (was: Elul) Mike Gerver, of Ra`anana (Israel) stated: >The Rambam, in Kiddush HaChodesh (in the Mishneh Torah), perek 1, >halacha 6, says that the Beit Din calculates whether the new moon should >be visible on the 30th day of the previous month, and if they calculate >that it shouldn't be visible, then they do not hear testimony from >witnesses at all. So they do have the right, and even the obligation, to >ignore evidence in some circumstances. Regardless of this conclusion, I had asked a somewhat different question, to wit, > What would be the credibility of a court that chose to disregard > evidence to suit its own purposes? I didn't ask what the credibility of a court would be if it did not HEAR testimony. I asked about hearing testimony and rejecting it _for the judges' own purposes_. In fact, I clarified later that, "I meant that the witnesses came after 29 days and gave testimony that stood up under questioning. And then the bet din, for whatever reason, could not disqualify the testimony for objective reasons, but nevertheless chose to ignore the testimony." If you state that "they do not hear testimony from witnesses at all," then you have not answered my question. And of course, no one is compelling you to do so. But, as the Rambam states, in such a case the judges _knew_ that it was not even theoretically possible to sight the moon, they would not [waste their time and] hear testimony, since, "If witnesses came, they would know that they are false witnesses, or that clouds appeared to them in a form resembling the moon, but it was not the real moon." (Translation from Moznaim Publishing Corporation, Maimonides Mishneh Torah, Hilchot Kiddush HaChodesh, by Rabbi Eliyahu Touger.) >But I don't know whether forcing Av to be 30 days, to make sure Elul is >29 days and Rosh Chodesh Tishrei is only one day, is considered a proper >reason for the Beit Din not to hear testimony. I think that this is similar to what I was questioning. Eli Lansey suggested that I >Look at Mishnayot Rosh haShanah 4:4 Thanks for the reference. I did look at that mishna, but I didn't notice anything that answers my question. Assuming that you are using the same numbering as in the Qehati edition. IRA L. JACOBSON mailto:<laser@...> ----------------------------------------------------------------------
End of Volume 38 Issue 58