Volume 39 Number 92 Produced: Fri Jun 27 5:36:03 US/Eastern 2003 Subjects Discussed In This Issue: The 2-People-1-Glass in the Desert Incident [Daniel Israel] Ancient Matrilineal/Patrilineal Family Structure (2) [Akiva Miller, Yisrael and Batya Medad] A Big Mitzvah [Irwin Weiss] Duchening [<chips@...>] Ethical Behavior and Halacha [Yakov Spil] P'shat and D'rash [James Kennard] Question re Meat and Fowl [Yehonatan and Randy Chipman] Right to steal to Save ones life [Russell Hendel] Shtender [Benjamin Glicher] Studying Chumash (2) [Michael Kahn, Tzadik Vanderhoof] Textual Tanach [Danny Skaist] ---------------------------------------------------------------------- From: Daniel Israel <daniel@...> Date: Tue, 24 Jun 2003 15:08:34 -0700 (MST) Subject: Re: The 2-People-1-Glass in the Desert Incident > From: <rjhendel@...> (Russell Jay Hendel) > I think the above Talmudic passage has an entirely different > interpretation. The issue is one of possession. Since their lives are in > danger and since they have the right to steal the water to save their > life one position is that they should split the water (Since the > "ownership" has been cancelled by the "danger to life" which overrides > the law of stealing) Respectfully, I fail to see from where we see that their lives being in danger gives them "the right" to steal. I agree that a threat to life overrides a negative commandment in general (e.g. Shabbos). But that is not the same as a "right" to steal. In any case, the permissibility of stealing to save a life would be irrelevant in this case: by stealing the water, you are effectively killing your fellow. And we definitely are not allowed to kill someone else to save ourselves. Incidently, it seems to me that there is a difference between transgressing a law between man and God to save a life, and transgressing one between man and man. Does anyone know what the law is if I am starving and find myself in someone else's orchard? What if the person is there and specifically refuses me permission to eat? I'm particularly interested in how this case compares the the question of whether danger to life is doche [pushes off] the prohibition of Shabbos, or whether there is actually no violation in doing work to save a life on Shabbos. Daniel M. Israel <daniel@...> 1130 North Mountain Ave. Dept. of Aerospace & Mechanical The University of Arizona Engineering Tucson, AZ 85711 ---------------------------------------------------------------------- From: <kennethgmiller@...> (Akiva Miller) Date: Tue, 24 Jun 2003 12:12:41 -0400 Subject: Re: Ancient Matrilineal/Patrilineal Family Structure Leah Gordon wrote <<< Ms. Medad may not be aware that in nearly the entire southern hemisphere (South America, Africa, Australia, some parts of Asia), the traditional family structure is/was matriarchal. Thus one's primary ties of kinship would have been to the mother and her brothers, and marriages were exactly "the husband joins the wife's family...". >>> I've always felt this to be the plain meaning of Bereshis 2:24 -- "Therefore a man will leave his father and mother and stick to his wife..." Nothing there (elsewhere maybe, but not in this section, which describes this most basic relationship) at all about the wife's parents, only that the husband does leave his parents. Akiva Miller ---------------------------------------------------------------------- From: Yisrael and Batya Medad <ybmedad@...> Date: Tue, 24 Jun 2003 21:51:02 +0200 Subject: Re: Ancient Matrilineal/Patrilineal Family Structure In college, I've learned otherwise. We were taught that matrilineal descent regarding legal status has traditionally been the norm because you always know who a baby's mother is but don't necessarily know who the father is. Thus, for example, in slavery, I think it was the mother's status that determined the status of the baby. Sorry, but how does that jive with the shvattim/tribes? Within the traditional Jewish People during Biblical times it seems totally according to the father. Wives moved in with the husband's family, notice the grammar--plural wives and singular husband. I'm not referring to southern hemisphere and anthropology. Rivka, Rachel, Leah, Tamar, they all joined their husbands' family. Yosef's sons were considered Jewish enough to establish tribes, even though their mother was Egyptian. When Shlomo Hamelech married too many non-Jewish women he lost control of his progeny. But in most cases where the descendents continued as Jews it was because there weren't too many wives, and wives joined their husband's family. Batya ---------------------------------------------------------------------- From: Irwin Weiss <irwin@...> Date: Tue, 24 Jun 2003 08:15:44 -0400 Subject: A Big Mitzvah I have a friend who frequently says, "It's a big Mitzvah" to do such and such. My initial reaction (which is frequently wrong) is to think, "All Mitzvot are equal--or at least, how can we tell which Mitzvot are "big" and which are not?" But, maybe I am wrong. Are some Mitzvot bigger or more important than others, and what is the test for "big"? <irwin@...> Irwin E. Weiss, Esq. Baltimore, MD USA ---------------------------------------------------------------------- From: <chips@...> Date: Mon, 23 Jun 2003 19:47:17 -0700 Subject: Re: Duchening > Does anyone know the reason for the cohanims' nigun sung during > duchening? The Cohen(ym) where I daven don't sing, though there is a lilt. -rp ---------------------------------------------------------------------- From: Yakov Spil <yspil@...> Date: Mon, 23 Jun 2003 15:36:24 -0400 Subject: Ethical Behavior and Halacha >I was asking how could children of rich parents have thought the family was poor. ..living like a poor person when one is actually rich, what's the point there?< It is necessary to clarify this point. I do not believe the children suffered unnecessarily in this possible scenario just so the father could feign not being as wealthy as he actually was. I think the point was- the impression given to the children was there is money for the things we need, but otherwise we have to penny pinch because there just isn't enough to go around. That teaches kids from a young age the value of money, how it has to be saved, not flaunted. I can say from my own growing up, that I am quite certain my father's savings is quite substantial, because I knew he worked hard, but I never did or do know the details . But his hanhogo with us was always- there is money to do necessary things, but just because we said we needed something- did not mean we would get it. We knew there had to be a decision involved. I am quite certain in reality this was not necessary. But to teach us the value of money you earn and how it must be used properly- this was completely necessary, and it is a mida I hope to pass on to my kids. Thank you for helping me clarify the point better so it is clear. B'yedidus, Yakov ---------------------------------------------------------------------- From: James Kennard <James@...> Date: Tue, 24 Jun 2003 13:30:33 +0100 Subject: P'shat and D'rash David Farkas <DavidF@...> writes If children are to be captivated at all by Torah, and if they are to love Torah and think and dream about Torah as only a child can, they must be taught the Midrashim as Jews have traditionally been taught them for hundreds of years. Thus, Og was indeed a giant thousands of feet tall, Adam was indeed folded by God to fit into his grave, Yakov was indeed surrounded by quarrelling rocks that merged into one to support his head. If we wish to hook the child when he is young, as we must, he must be encouraged to see the Biblical figures as larger than life, and imagine his ancestors in this light. But this is not, I believe, why Hazal transmitted to Midrashim to us. Hazal did not spend their time giving us "hooks" for young children, but teaching profound truths of the Torah clothed in Midrashim. See, for instance, how the Maharal analyses Midrashim to show what, he feels, is their real meaning. Therefore, passing on Midrashim as if they were merely records of what happened, or as if they were hooks for children, misses their point and misses the teachings that they convey. Perhaps children will are not in danger of rejecting all Jewish teachings when they reject Midrashim which have been presented to them like fairy-tales (though I think it is a likely occurrence), but they are certainly in danger of rejecting the Midrashim - Divrei Hazal - whjen they reject fairy-tales. Besides, what is wrong with our teaching of Torah if the P'shat (or, if you insist, the P'shat as taught by Rashi) is it is not sufficient to "hook" the child without embellisments? ---------------------------------------------------------------------- From: Yehonatan and Randy Chipman <yonarand@...> Date: Tue, 24 Jun 2003 01:19:35 +0300 Subject: Question re Meat and Fowl We recently read Parshat Beha'alotkha. One of the last verses in the story about the quail and Kivrot ha-Ta'avah" (Num 11:33) begins: "the meat was yet between their teeth...." This verse is quoted by the gemara in Hullin 105a -- the classical source for the separation between meat and milk even over a certain time interval -- in Rav Yosef bar Aha's response to Rav Hisda's question, to indicate that "meat between the teeth is also called meat." This year, I suddenly thought of a problem with this, so obvious that I was amazed I had not thought of it before: namely, that quail, being a bird, is not considered "meat" on the de-oraita level but, as is well known, is prohibited only by Rabbinic ordinance. How, then, can it be that this is seen to be the Torah proof text for the laws of milk and meat? A cursory search (Rashi, Tosafot, Maharsha, and Torah Temimah) did not turn up anyone who dealt with this question. Any ideas? Yehonatan Chipman P.S. An interesting psychological observation. The above insight came to me while sitting at the Shabbat table on Shabbat Beha'alotkha where, for the first time in my entire life, I was in fact eating quail (which has been availsble at my butcher shop for several years; it's raised at a moshav in the northern Negev). This illustrated something about the relatonship between our (or at least my) thought processes and our awareness of the concreteness of things. ---------------------------------------------------------------------- From: <rjhendel@...> (Russell Hendel) Date: Wed, 25 Jun 2003 22:04:13 GMT Subject: RE: Right to steal to Save ones life Gershon Dubin (n89) wrote concerning The 2-People-1-Glass in the Desert Incident Russell wrote: <<Since their lives are in danger and since they have the right to steal the water to save their life>> Gershon responds: >Who said they have any such right? In fact, the Gemara describes this >question as one that King David asked and was answered that, for anyone >but a king, there is no such right. They do have the right. Danger to life supercedes ALL laws (Except 3) and hence anyone has the right to steal to save ones life (Hence my interpretation). See Rambam Personal Torts (Chovayl OMazik) Chapter 8 for an explicit statement on this (Note: Rambam notes that even when you steal to save ones life you are still obligated to pay.... but the prohibition of stealing has not been violated) Russell Hendel; http://www.RashiYomi.com/ ---------------------------------------------------------------------- From: Benjamin Glicher <bagman@...> Date: Mon, 23 Jun 2003 21:40:40 -0400 Subject: Shtender Does anyone have instructions on how to build a Shtender ---------------------------------------------------------------------- From: Michael Kahn <mi_kahn@...> Date: Tue, 24 Jun 2003 01:06:23 -0400 Subject: Re: Studying Chumash >There is an education method, gaining >popularity in Israel, that has the children learn the entire Chumash >pshat before learning any m'forshim and drash. The Brisker rov famously held that children should be taught Chumash with poshut(simple) pshat, but that the simple pshat is Rashi! ---------------------------------------------------------------------- From: Tzadik Vanderhoof <tzadikv@...> Subject: Re: Studying Chumash > From: Yisrael and Batya Medad <ybmedad@...> > Very true. The result is that many adults never manage to untangle the > stories, especially since male adult learning is usually gemara only, or > mostly. Pshat is sometimes confusing, but midrashim sometimes > conflict/contradict each other. There is an education method, gaining > popularity in Israel, that has the children learn the entire Chumash > pshat before learning any m'forshim and drash. I would definitely welcome that! It has always been very irritating to me to listen to kids and even adults who clearly don't have the slightest idea which stories and halachos are explicitly written in the Torah and which are from the Midrash or Talmud. I think that distinction is vitally important to know. It's a very valuable tool in learning to be able to examine the grammatical details of a word in Chumash and understand how it relates or hints to the Midrashic interpretation. This comes up too in the study of Talmud... often a verse is presented alongside an interpretation but the teacher does not really explain the grammatical roots of the connection. ---------------------------------------------------------------------- From: Danny Skaist <danny@...> Date: Tue, 24 Jun 2003 08:39:33 +0200 Subject: Textual Tanach << in adult discussion that it is awkard to try and constantly identify what is textual and what is midrashic overlay, I do think this is a major problem in the education of children in Tanach, where there is no distinction made. I believe it is very important to know what is in the text, and what is a midrashic statement. >> I was taught that you are not allowed to learn text only Tanach. Textually Ruth never converted, nor showed any interest in Judaism, just in being with Naomi. One has the impression that if Naomi had become a Bhudist Ruth would have followed. In Chap 4, (verse 10 I think) Boaz announces that he married "Ruth the Moabite". Since it is a biblical (I think) prohibition to refer to the origins of a convert, she must not have been a convert. The intermarriage was acceptable and the child was Jewish, with a Jewish father and non-jewish mother. So, you are not allowed to learn tanach textually. I am not really familiar with Artscroll, But The text I picked up happened to be theirs. In the translation of the pasuk Artscroll left out the words "Ruth the Moabite". So they also realized the implications of the straight text. danny ----------------------------------------------------------------------
End of Volume 39 Issue 92