Tuesday, February 15, 2005

The Outer Limits of Orthodox Theology

A response to Dr. Marc Shapiro's book

(This is in part a response to Dr. Shapiro's book, The Limits of Orthodox Theology, and in part a reaction to how some seem to be reading his book.)

There is an interesting yerushalmi I posted about a while back, in the first perek of gittin (Yerushalmi Gittin #1: Jewish Geography), about the borders of Eretz Yisrael and the direction from Eretz Yisrael to Bavel.

If a get (bill of divorce) comes from outside the Land of Israel, the agent delivering the get must say that before him it was written and signed. As a result, it is important to define the limits of the Land of Israel:


ד, ב פרק א הלכה ב משנה רבי יהודה אומר מרקם ולמזרח ורקם כמזרח מאשקלון ולדרום ואשקלון כדרום מעכו ולצפון ועכו כצפון ר' מאיר אומר עכו כארץ ישראל לגיטין:

Mishna: Rabbi Yehuda says: From Reqem and to the east, and Reqem is like the east {that is, it is considered outside Eretz Yisrael}; from Ashqelon and to the south, and Ashqelon is like the north; from Akko and to the north and Akko is like the north; Rabbi Meir says: Akko is like Eretz Yisrael for the purpose of bills {of divorce}.

דף ד, ב פרק א הלכה ב גמרא ר' יוחנן אמר לציפורייא אתון אמרין בשם ר' <יוחנן> חנינה אף המביא מבבל לכאן אינו צריך לומר בפני נכתב ובפ"נ ואני אומר שהוא צריך דהיא מתניתא ר' יהודה אומר
דף ה, א פרק א הלכה ב גמרא מרקם ולמזרח ורקם כמזרח. ואפילו תימא חלוקין על ר"י שאין רקם כמזרח. שמא מבבל לכאן

Rabbi Yochanan said to the residents of Tzippori: They come and say in the name of Rabbi Chanina: even one who brings {a bill of divorce} from Bavel to here {Eretz Yisrael} need not say "Before me it was written and before me it was signed." And I {Rabbi Yochanan} say that he must, for it is the Mishna. "Rabbi Yehuda says: From Reqem and to the east, and Reqem is like the east. And even if you say that we argue on Rabbi Yehuda that Reqem is not like the east, would you say that from Bavel to here??!?! {since Bavel is surely even further in that direction.}
Rabbi Chanina is in agreement with the opinion of Rav that Bavel is considered like the land of Israel as regards bills of divorce, and Rabbi Yochanan is arguing on him, based on the Mishna.

My approach to gemara and mikra is generally not homiletic, but I will make an exception in this instance and use the gemara to make a point.

That point is that while Chazal can argue about the limits of Eretz Yisrael (EY), with Rabbi Yehuda saying that Akko is outside EY and Rabbi Meir saying that Akko is inside, and Rbbi Yehuda saying Reqem is outside EY and a theoretical position brought up by Rabbi Yochanan (perhaps also Rabbi Meir) saying Reqem is inside EY, everybody will agree that there are *some* limits to EY. Surely if you go as far east as Bavel, everyone will say you are outside EY, says Rabbi Yochanan!

This dispute about the outer limits is not limited to national boundaries. If we look at our history, we will see that there have been many disputes about the limits of acceptable Jewish theology. Indeed, the very presence of the Rambam's ikarei emuna (principles of faith) testifies to the fact that there was some disagreement, for otherwise why formulate them? (OK, one could say because of contact with Islam, but still, disagreements about such matters surely were at least a partial impetus.)

Dr. Shapiro's book gives many many examples of great rabbis who disagree with some aspect of one of the Rambam's principles, or with an entire principle. Many of these examples were no surprise to me, as I've encountered them in classes and books before.

However, while there may be disputes about the exact parameters of each of the ikarei emuna, or those who reject one in its entirety, what you will *not* find is any of these people dismissing the idea that there *are* limits, and that at a certain point a belief can be heretical. That is, if you go too far east, eventually you will pass over the outer limit of EY, or of acceptable Jewish theology.

The message some people get from the book, however, is that since there are disputes about all these matters, one can deny all of the ikarei emuna and not be a heretic. I doubt Dr. Shapiro would agree with such a statement.

Consider the following excerpt from a review:
Shapiro, a Professor of Judaic Studies at the University of Scranton, Pennsylvania, and himself an Orthodox Jew, sets out to show that this attitude is completely modern, and that historically – both before and after Maimonides – his Principles were widely discussed, disputed and even dismissed by mainstream Orthodox authorities. Maimonides himself did not accept several of his own Principles, and certainly did not think that to deny them was heretical.
What??

{Note: Perhaps she does not mean this, and is only referring to those that the Rambam did not accept in their entirety. Still, the overall impression one gets from this review, and from some other people I have seen citing the book, is that none of the Rambam's principles are binding, and one can entirely deny any and all of them and not be a heretic...}

The Rambam might not have accepted the principles as most narrowly defined, but he certainly thought that one who denied entirely certain principles was a heretic. For example, principle 1 (in the ani maamins, a crude summary) is that Hashem created the world and directs it, and that He Alone created all creations. Principle 2 is the belief that Hashem is One and he exists and will exist forever. Principle 3 is that Hashem is incorporeal, and there is no real comparison to a body.

Now, people argued with the Rambam on some of this, and perhaps the Rambam did not believe these as narrowly specified, but the Rambam would consider a Cristian, who believed that God could have a human son, and could take human form, and was part of a trinity, to be outside the pale of Jewish belief. The Rambam would definitely consider someone who believed this to be a heretic. It is silly to say otherwise, and Marc Shapiro would not say otherwise.

What if someone entirely denied the existence of God? - and as a result denied principle 1, since a non-existant God cannot create or direct the world, and principle 2, since if He does not exist then He did not exist and will not exist in the future, and principle 3 since if God does not exist, He is not incorporeal (nor corporeal). Many other principles fail - how can the words of the Prophets be true if they speak the word of a God who does not exist? I think the Rambam would call such a person a kofer - a denier of the existence of God, and a heretic. And Marc Shapiro would surely agree.

The Continuum View
One can view opinions on theological matters on a continuum.

Here at the far left (as a straw man position) is the belief that every single letter and its form as was given to Moshe exists in our prsent day sifrei Torah.

A little to the right - well, the script was ktav ivri, and it now is ktav ashuri (though perhaps it was originally given in ashuri...). At about the same position - well, the final letters were instituted by the Prophets.

A little to the right - we are not experts in plene and defective spelling, so except where we have an explicit tradition (such as it is used in a drash) perhaps there are some extra or missing letters used to mark pronunciation. The integrity of the message is maintained.

A little to the right - certain words were changed deliberately - a tikkun sofrim - but these were kept track of, so we know what they are.) This is as opposed to treating tikkun sofrim as initial intent but written by Moshe in a polite way.

A little to the right - a few specific words might have been changed (see the 3 sifrei torah harmonized, each with one word different), but the meaning remains the same.

Further to the right - many words were messed up due to non-meticulous scribes, or scribes who did not understand, so we should engage in Lower Biblical Criticism to reconstruct the text.

Start again at the far left: Every single word in Torah was written by Moshe.

A little to the right - certain psukim could not have been written by Moshe since they describe what happened after Moshe's death, and as a result, specifically the last 8 psukim were written by someone else. Furthermore, that person also was Divinely inspired, the student of Moshe, and thus wrote them in that same approximate time period - it was Moshe's student Yehoshua.

A little to the right - other psukim were written by Yehoshua. Specifically, those that say Ad Hayom Hazeh or others that imply some distance in time.

A little to the right - certain, specific parenthetical, explanatory, or introductory psukim were written, or elaborated upon, by a still later (Divinely inspired) hand, such as the Ezra or the Anshei Knesset HaGedola.

Further to the right - the words were not in fact authored by Moshe, but by a single author. Or, further to the right, by multiple authors but based on true traditions passed down.

Further to the right - the words in the Torah are based on several different myths, held by different tribes, or sources, and assembled by an incompetent human editor, such that there are contradictions. The Torah is not from Sinai, is not from Moshe, is not from God, and is not Divinely inspired, but is rather an amalgam of fairy tales. This is more or less Higher Biblical Criticism.

Now, all of these steps along the continuum, save the first, involve violations of, at the least, the strict formulation of one of the Rambam's principles of faith. But you can see how each step is a more drastic violation than the previous. And, while you will find rabbis through the generations offering quote unquote heretical thoughts, these are but interesting pushing at the edges. Their contemporaries may think what they are saying is kefira, heresy, and in fact perhaps in certain cases it is. However, in these cases one might say that it is a matter of dispute - it is Reqem. (Note: See my post on "Commentators Who Live In Glass Houses," where Ibn Ezra thinks his own opinion on the authorship of certain psukim is true, while the opinion of Yitzchaki, further along the continuum, is heresy and should be burnt.)

However, at a specific point everyone will agree that certain beliefs are heretical, in that they deny God and the Torah. This far east, you are in Bavel, and definitely outside of Eretz Yisrael. I would say Higher and Lower Biblical criticism, as can be found in certain text such as the Anchor Bible, are definitely heretical.

Violations of the 13 Ikarei Emuna in Biblical Criticism

In fact, in Biblical Criticism you will find absolute denial of almost all of the 13 ikarei emuna.

Take the following list (note the source :), which is admittedly a non-exact approximation:

1. Belief in the existence of the Creator, be He blessed, who is perfect in every manner of existence and is the Primary Cause of all that exists.

Biblical criticism assumes the non-existence of God. As a result, miracles must be imagined or elaborations of regular occurences. If a prophet predicts something that can be confirmed in the historical record, they must have said (or recorded) it after the event, not before it. As a scientific discipline, it will not let the existence of God be considered seriously.

In terms of treating God in the Bible, they may well think that God as depicted in the Bible is not perfect.

2. The belief in God's absolute and unparalleled unity.

With the denial of #1, this principle cannot be held.

However, they might claim various pagan influences and sections of Torah, such as references to HaElohim in mishpatim referring to house gods as opposed to judges, and might claim that the Torah believes in the power of other gods.

They will also compare creation myths of other gods to the narrative found in perek 1 and perek 2 of bereishit (as well as in tehillim and various neviim). They would treat God as just another god.

3. The belief in God's non-corporeality, nor that He will be affected by any physical occurrences, such as movement, or rest, or dwelling.

With the denial of #1, this principle cannot be held.

However, they will point to psukim such as that in parshat Veyera as proving that God is understood to be corporeal.

4. The belief in God's eternity.

With the denial of #1, this principle cannot be held.

5. The imperative to worship Him exclusively and no foreign false gods.

With the denial of #1, this principle cannot be held.

They would admit that this imperative is found in the Torah.

6. The belief that God communicates with man through prophecy.

With the denial of #1, this principle cannot be held.

In fact, they treat prophecy as found in Tanach as myth or politically inspired falsehoods.

7. The belief that the prophecy of Moses our teacher has priority.

With the denial of #1, this principle cannot be held.
With the denial of #6, this principle cannot be held.

They do not think Moshe wrote the Torah, so what prophecy of Moshe our teacher? It is a poorly redacted composite of other, false, sources.

8. The belief in the divine origin of the Torah.

With the denial of #1, this principle cannot be held.

In fact, they do not think there was a divine origin of the Torah. According to Hirhurim, this also involved immutability of the psukim. If so, both Lower and Higher Biblical Criticism deny this.

9. The belief in the immutability of the Torah.

Again according to Hirhurim, this means:
1. That the Torah will never be abrogated, i.e. that the commandments will always be binding.
2. That there will never be a new Torah.
3. That nothing will be removed from the Torah.
4. That nothing will be added to it.
They would not treat the Torah as binding, being fiction.
Adding and removing from the Torah in this sense means commandments, and in fact they claim that various commandments were authored in different times in response to different realities or political/religious requirements, and that accounts for some of the differences between formulations in different books.

10. The belief in divine omniscience and providence.

With the denial of #1, this principle cannot be held.

They might well say that the Torah does depict lack of divine omnicience, as in e.g. Sodom, where God went down to see what was going on, or the Flood, where He had regret.

11. The belief in divine reward and retribution.

With the denial of #1, this principle cannot be held.

12. The belief in the arrival of the Messiah and the messianic era.

With the denial of #1, this principle cannot be held.

13. The belief in the resurrection of the dead.

With the denial of #1, this principle cannot be held.

In fact, you can read books on Bible that are predicated on the denial of all the ikarei emuna, principles of faith. And all of the people cited in Marc Shapiro's book, if they read such a book on Biblical criticism, would absolutely say it contains heresy.

Rabbi Parnes' Article

It is strange then, that the book is supposed to be a response to Rabbi Parnes. A while back, as I was reading the book, Eliyahu gave me the articles and letters to the editor to read, so that I would have appropriate context. And it struck me that Rabbi Parnes says X, and to disprove him Marc Shapiro should show NOT X, and instead he shows NOT Y.

Rabbi Parnes' article was a warning on unrestricted intellectual inquiry. He pointed out that the Rambam is held up as the paragon of the virtue of combining Torah and Maddah, yet the Rambam himself says that it is prohibited to read a book written by heretics containing heresy. Thus, we see that even the Rambam felt there were some limits.

This blow landed, and no matter how many examples you can bring, in an article and book, showing "heretical" beliefs, that you claim would render this inpractical, the Rambam still says this. Thus, the Rambam does indeed place a limit on intellectual inquiry. What exactly the Rambam meant by this, and what the exact parameters are, can be determined. But Rabbi Parnes made a valid point, one that is lost amid all the hubbub.

Rabbi Parnes then gave concrete examples of what he felt would constitute books written by heretics containing heresy. Among the examples he gave were (Lower and Higher Biblical Criticism), and evolution, agnosticism, cosmology, and determinism.

Now, I am not going to get into evolution, because this is perhaps resolvable as non-heretical (See Rav Slifkin's books - heh), and because it would take me too far afield, but I think that certain books on Lower and Higher Biblical Criticism are definitely written by heretics and contain heresy. This is not an emotional condemnation of such books, but rather a detached observation that they are definitely heretical, denying God, Torah, and almost the entirety of the 13 principles as formulated by the Rambam (as well as what is understood as articles of faith by almost every Jewish rabbi through the ages, including those mentioned in Shapiro's book), and very far along the continuum I might add.

Rabbi Parnes then made the unfortunate mistake of summing up (in a fairly innocuous sentence at the end - the second to last sentence of the article) by talking about heresy as that which goes against the 13 ikarei emuna as spelled out by the Rambam. He said: "Based on all of the above, Torah u-Madda can only be viable if it imposes strict limits on freedom of inquiry in areas that undermine the י"ג עיקרי אמונה."

This unfortunately gave Marc Shapiro a straw man to attack. For if you insist on the ikarei emuna specifically as formulated by the Rambam, well then, the Rambam formulates it differently in different places, so we are not sure what exactly they are. And others have minor divergences from a strict interpretation of that formulated by the Rambam.

After all, Rashi says (citing a gemara) that the last 8 pesukim of the Torah were written by Yehoshua. That would deny the principle, as interpreted most strictly, that Moshe received the entire Torah. As a result, we would not be able to read Rashi on the Torah and gemara. This is silly, and therefore Rabbi Parnes' article is silly.

The response should be that this is a dispute of the exact limits of acceptable Jewish theology. Rashi would agree that someone who thought the entire Torah was written by Ezra was a kofer. He would say that Higher Biblical criticism was kefira. And this violates the same principle of the Rambam. The difference is that Rashi holds that that vast majority of the Torah was written by Moshe - with the exception of the very end, only 8 psukim, which leads into sefer Yehoshua, were written by a Divinely inspired student of Moshe - Yehoshua.

This opinion cited by Rashi constitutes a major shock to some students in Intro to Bible at YU, but the fact is that it is an acceptable Jewish theological opinion. It is a minor violation of the principle - it is in Reqem territory. Higher Biblical Criticism is in Bavel, and is certainly kefira.

The answer, put another way, is that we do not, and have not, strictly adhered to the ikarei emuna as formulated by the Rambam. But, they do constitute a frame upon which the actual beliefs loosely hang. We more or less assume that Moshe wrote the Torah, and that the words of the Prophets are true, etc.. There is wiggle room, and occasional outright dismissal of a single principle. And, we see Rashi and accept that he is right, or perhaps wrong but not a kofer. (In other words, "Nu nu, what do you want, I am not being exact but speaking in general.")

However, Rabbi Parnes spoke of Biblical criticism, which violently dismisses all of the 13 principles, and is surely heretical, and should thus perhaps be avoided as the Rambam rules.

Learning Rashi, and thinking of ideas similar to that of Rashi, could well be within the "strict limits" on intellectual inquiry Rabbi Parnes mentioned.

Dr. Shapiro's book elaborates on his argument by showing a bunch of others that hold beliefs against what one would think acceptable based on a strict reading of the Rambam. But as Shapiro himself shows, the Rambam himself would be a kofer by the strict definition, and holds things which may be construed as violations.

Dr. Shapiro's point seems to be that the beliefs of Chazal are not as narrow as one might believe if one only had a yeshiva (or yeshiva high school) education. In that, he is absolutely correct, and it is an important point to convey.

However, one should not then take the next step and say that there must be no heresy, and anything goes. And the citing of one opinion early on the continuum does not justify opinions at the far end of it.

I still have two points to make:

Collecting Opinions

In another context, about psak, I heard a certain prominent rabbi say that normal people have quirks. It is the meshuggena (lunatic) who collects everyone else's quirks and takes them all upon himself. In the context of psak, this means that some Rishon or Acharon might have a weird opinion, or take on a specific issue, but that does not make them a meshuggena. The meshuggena is the one who takes the zany opinion from this one, and the strange interpretation from that one, and the quirky reading from the other one, in order to arrive at a totally kooked-out combined psak to permit what one wanted to permit.

We can transfer this to the realm of theology. More or less, Jewish theology approximates the 13 ikarei emuna. However, you occasionally have people with quirks. This one thinks God is corporeal. This one thinks specific psukim are written by Yehoshua. That one has a different conception of divine reward and punishment. The other one thinks mashiach has already come in the days of King Chizkiyahu and will not come in the future. They are all normal members of Chazal, with a quirk. It is the meshuggena who collects them all and tries to hold them all. Or, it is the historian.

I'm not calling Dr. Shapiro a meshuggena. However, I'm trying to make the point that individuals might have slightly quirky theological beliefs. But they are just that - quirks. In most instances, most of their contemporaries disagreed with them. The psychological effect of the book, which puts them all together, is that there is no mainstream theology, but rather anything goes, and went. Further, Biblical Criticism combines many of these violations, such that it is no longer a quirk.

Further, the fact that certain obscure or even prominent rabbis held something at some point of time does not automatically transform it into something acceptable in the mainstream. It may be a quirk, and should not influence and justify the mainstream.

I think Dr. Berger, who wrote The Rebbe, the Messiah, and the Scandal of Orthodox Indifference, would agree with me here, against Dr. Shapiro. After all, certain Lubavitchers have essentially argued that mashiach can come from the dead, or that a tzaddik (such as the Rebbe) can be the physical manifestation of God on earth, such that he can be prayed to. And they argue this based on obscure sources and point out that it is thus justified theologically and not heresy. But citing and combining obscure sources does not make for mainstream theology.

Monday, February 14, 2005

posts so far on parshat Tetzaveh

Year 0
Year 1

belated Teruma #2: The Extra Vav That Wasn't

In the beginning of parshat Teruma, we read: (Shemot 25:22)

כב וְנוֹעַדְתִּי לְךָ, שָׁם, וְדִבַּרְתִּי אִתְּךָ מֵעַל הַכַּפֹּרֶת מִבֵּין שְׁנֵי הַכְּרֻבִים, אֲשֶׁר עַל-אֲרוֹן הָעֵדֻת--אֵת כָּל-אֲשֶׁר אֲצַוֶּה אוֹתְךָ, אֶל-בְּנֵי יִשְׂרָאֵל. {פ 22 And there I will meet with thee, and I will speak with thee from above the ark-cover, from between the two cherubim which are upon the ark of the testimony, of all things which I will give thee in commandment unto the children of Israel. {P}
Rashi has a curious comment on this pasuk:
וְאֵת כָּל-אֲשֶׁר אֲצַוֶּה אוֹתְךָ
הרי וי"ו זו יתירה וטפילה
וכמוהו הרבה במקרא
וכה תפתר
ואת אשר אדבר עמך שם את כל אשר אצוה אותך אל בני ישראך
"
[and] all that I command you"
This vav is extra and superfluous
And many exist like it in Scriptures
And here we explain it:
And all that I speak to you there all that I command you to the Bnei Yisrael.
{Rashi thus makes it a continuation of the earlier part of the verse.}

It is a curious comment because the vav that is bothering Rashi does not exist. He cites the pasuk with a vav in ואת, and says the vav is extra, but if we look in our Chumash, there is no vav. In fact, if we look in our Sifrei Torah, there is no vav.

Siftei Chachamim, a supercommentary on Rashi, explains:
א"עפ שאין כתיב ואת בוא"ו
בס"ת של רשי היה כתיב בוא"ו
Even though it is not written with a vav
In Rashi's Sefer Torah it was written with a vav
This presents us with the issue of whether the vav was originally there or not. Is Rashi's sefer torah the correct one, or is ours?

If you say Rashi's text was correct, does this violate the 8th principle of the Rambam that the Torah we have in our hands is that given to Moshe? Of course, what exactly the Rambam meant by that is not entirely clear. After all, he must know the gemara says that we are not expects in plene and defective spelling which involve extra vavs that do not change the meaning, and this example would fall close to this category.

On the other hand, perhaps there was just an error in Rashi's particular sefer Torah or Chumash that he was using to make his commentary.

It is strange that none of the other meforshim comment on Rashi's comment. Could it be that they had a similar text? {Except of course Ibn Ezra who has the same girsa.}

We do not have the Aleppo Codex on this, because its remains begin at the end of Devorim. However, the Leningrad Codex has our tradition, not that cited by Rashi. It says:

וְנֹועַדְתִּ֣י לְךָ֮ שָׁם֒ וְדִבַּרְתִּ֨י אִתְּךָ֜ מֵעַ֣ל הַכַּפֹּ֗רֶת מִבֵּין֙ שְׁנֵ֣י הַכְּרֻבִ֔ים אֲשֶׁ֖ר עַל־אֲרֹ֣ן הָעֵדֻ֑ת אֵ֣ת כָּל־אֲשֶׁ֧ר אֲצַוֶּ֛ה אֹותְךָ֖ אֶל־בְּנֵ֥י יִשְׂרָאֵֽל׃

Looking to the Targums, we see no trace of this extra vav. Onkelos and Tg Yonatan both translate ית, which is a literal translation of את, not ואת.

On the other hand, this is not the best proof since after all a targum's job is to translate the meaning, which occasionally means not adhering slavishly to an exact correspondence with the original text. If, as Rashi says, the vav is extraneous and does not add meaning, would we expect a targum to translate it? If only we knew other examples of what Rashi considered extra vavs and see what the targumim did there!

Ibn Ezra writes:
וטעם וא"ו ואת כל אשר אצוה
ככה הוא
And the reason of the vav of
ואת כל אשר אצוה
is such
The Avi Ezer, a supercommentary on Ibn Ezra, writes:
ומה שכתב הרב וי"ו ואת כך אשר אצוה וכו'. וכן נמצא ברש"י
ותימא שלא נמצא כן לפנינו בכל ספרי הגולה
ואף בעל אור תורה ושאר מגיהים לא הביאו גירסא זו

note to self how to proceed:

The Metzudos Tziyon, on Yechezkel 48:32

Also, Rashi when lists vav yeseira - compare the targumim on these pesukim
Beresihit 3624
Rashi there also refers to Daniel 8 and Tehillim 76
Shemot 25:12
Vayikra 7:16
Rashi There refers to
Beresihit 3624 and Daniel 8:13
Yechezkel 23:42
Eicha 3:26
Kohelet 5:16
Daniel 8:13, and see what he says there about even being common language as well.
Nechemia 4:10

Also, see Rashbam on Bereishit 36:24

Rashi also talks about aleph, heh, lamed, nun, resh, extra. But will only focus on vavs.

occassionally extra vav at end of word: (limayno)
Tehillim 114:8, and Rashi refers to earlier pasuk in perek 104


to be continued...
Wired has an interesting article about how researchers at UCLA have tweaked HIV to attack cancer cells in mice.

Friday, February 11, 2005

belated Mishpatim #2: Implementing Biblical Law In Florida

Last week, in parshat Mishpatim, we had the case of ba bamachteret.

א אִם-בַּמַּחְתֶּרֶת יִמָּצֵא הַגַּנָּב, וְהֻכָּה וָמֵת--אֵין לוֹ, דָּמִים. 1 If a thief be found breaking in, and be smitten so that he dieth, there shall be no bloodguiltiness for him.
ב אִם-זָרְחָה הַשֶּׁמֶשׁ עָלָיו, דָּמִים לוֹ: שַׁלֵּם יְשַׁלֵּם--אִם-אֵין לוֹ, וְנִמְכַּר בִּגְנֵבָתוֹ. 2 If the sun be risen upon him, there shall be bloodguiltiness for him--he shall make restitution; if he have nothing, then he shall be sold for his theft.
The idea of damim, "bloodguiltiness," is that one would be guilty for killing him. If he is found breaking in, and there is fear that when confronted, he may kill the homeowner, then the homeowner is justified in using lethal force. If the sun rises on him, which is explained by Chazal that there is no such fear - if it is clear to you like day that he poses no danger, then the use of lethal force is not justified.

A bill has been proposed in Florida to extend the current law. At present, the homeowner (or car owner) would have to determine for sure that the thief poses a threat. They want to change it so that the default assumption is that the thief poses a threat and can be killed. According to the article:
Under current law, homeowners cannot use deadly force unless they believe an intruder intends to kill them or a loved one, or severely harm them. Although criminal case law tends to favor homeowners, anyone who kills an intruder can be arrested.

Under the bill, anyone who breaks into an occupied house or car would be presumed to have deadly intent. Victims would no longer have to determine the intruder's intent.

"You can't expect a victim to wait and ask, "Excuse me, Mr. Criminal, are you going to rape me and kill me, or are you just going to beat me up and steal my television?' " said Marion Hammer, lobbyist for the National Rifle Association.

Thursday, February 10, 2005

posts thus far for parshat Teruma

Year 0:
Year 1:
Year 2

Teruma #1: You Have To See It To Understand It

With parshat Teruma, we transition into boring territory. Before we had stories, and thus action, and laws, which require detailing of the cases in which they apply as well as frequent changes of subject matter. In parshat Teruma, we hear a list of donated raw materials, followed by detailed instructions of the dimensions and construction of various parts of the Mishkan and its vessels.

A sample of this subject matter (Shemot 26:1-4)
1 Moreover thou shalt make the tabernacle with ten curtains: of fine twined linen, and blue, and purple, and scarlet, with cherubim the work of the skilful workman shalt thou make them.
2 The length of each curtain shall be eight and twenty cubits, and the breadth of each curtain four cubits; all the curtains shall have one measure.
3 Five curtains shall be coupled together one to another; and the other five curtains shall be coupled one to another.
4 And thou shalt make loops of blue upon the edge of the one curtain that is outmost in the first set; and likewise shalt thou make in the edge of the curtain that is outmost in the second set.
and it goes on in this manner. Getting through this is more difficult because technical terms for parts of building and methods of construction are used - words that are not encountered every day, and the result is that it is very difficult to read through the parsha without skipping over psukim without really understanding them.

I think that this difficulty is due in large part to the inadequecy of the medium (that is, Hebrew text, or even words in general) to convey the intricacies of contructing the Mishkan and its vessels.

Text has difficulty explaining certain things that are more easily demonstrated. For example, consider a text explaining something as simple as typing a shoelace (an analogy oft cited in discussion of memetic, rather than text based, (Jewish) traditions).

With the magic of the Internet, there is actually a web site dedicated to how to tie a shoelace - Ian's Shoelace Site. On the page dedicated to the standard shoelace knot, Ian has the following instructions:
  1. Tie a Starting Knot as shown, then make the right (blue) end into a "loop" by simply doubling it back onto itself.
  2. Take the left (purple) end and pass it around to the right, going behind the right loop.
  3. Continue the left (purple) end around the right loop to end up in front.
  4. Start to feed the left (purple) lace into the "hole" that has just been made.
  5. With the left (purple) lace now through the "hole", grab hold of both loops and start to pull the knot tight.
  6. Continue pulling on the loops until the knot is firmly tied.
His mention of blue and purple corresponds to his diagram, and he keeps these colors so that you don't lose track of which was the original left and right end of the lace.

He mentioned a starting knot. From his Starting Knot page we have the following instructions:
  1. Hold one end of the lace in each hand.
  2. Cross the left (blue) lace over the right (purple) lace to end up on the right side.
  3. Begin to wrap the right (blue) lace around the left (purple) lace and feed the end through the gap between the laces.
  4. Start to pull the right (blue) lace out the right side.
  5. Having formed an overhand knot, continue pulling on both ends of the laces.
  6. The completed starting knot after the ends have been pulled tight.
Now, tying a shoelace is not hard, but it requires all these instructions. I'll bet you cannot really follow these instructions easily either. Instructions in plain text are hard to follow. It becomes much easier when you visit his site and see that he has a diagram corresponding to each step. (Right-) Click on the link above to visit his site, or see Figure 1:


Figure 1: How to tie a shoelace
It takes a certain type of mind to read the psukim and keep track of the details and a certain spatial ability to use those details to contruct a 3-D image in your mind's eye.

A drawn diagram makes things easier. You can immediately see and understand the dimensions of an object, or various parts of an object, and how those parts fit together. Rather than reading "The length of each curtain shall be eight and twenty cubits, and the breadth of each curtain four cubits; all the curtains shall have one measure" you could have a rectangle on paper, with the length and width marked down, perhaps in Arabic numerals rather than spelled out in words.

Indeed, the best way to go through the parsha is with a book (or Chumash) with diagrams.

We see that this idea is in fact mentioned in the parsha and midrash.

First, we read in Shemot 25:9:

ח וְעָשׂוּ לִי, מִקְדָּשׁ; וְשָׁכַנְתִּי, בְּתוֹכָם. 8 And let them make Me a sanctuary, that I may dwell among them.
ט כְּכֹל, אֲשֶׁר אֲנִי מַרְאֶה אוֹתְךָ, אֵת תַּבְנִית הַמִּשְׁכָּן, וְאֵת תַּבְנִית כָּל-כֵּלָיו; וְכֵן, תַּעֲשׂוּ. {ס} 9 According to all that I show thee, the pattern of the tabernacle, and the pattern of all the furniture thereof, even so shall ye make it. {S}
and then in Shemot 25:40, in regard to the very complicated menorah:
מ וּרְאֵה, וַעֲשֵׂה: בְּתַבְנִיתָם--אֲשֶׁר-אַתָּה מָרְאֶה, בָּהָר. {ס 40 And see that thou make them after their pattern, which is being shown thee in the mount. {S}
and finally in Shemot 26:30:

ל וַהֲקֵמֹתָ, אֶת-הַמִּשְׁכָּן: כְּמִשְׁפָּטוֹ--אֲשֶׁר הָרְאֵיתָ, בָּהָר. {ס 30 And thou shalt rear up the tabernacle according to the fashion thereof which hath been shown thee in the mount. {S}

Ibn Ezra says mareh implies seeing with the eye, so based on that it would seem to be something visible, rather that just the text description. Perhaps he was granted visions of the constructed items, or perhaps the תַּבְנִית, the pattern, is some sort of diagram.

Rashi on pasuk 40 brings down a midrash:

וראה ועשה.
ראה כאן בהר תבנית שאני מראה אותך.
מגיד שנתקשה משה במעשה המנורה
עד שהראה לו הקב"ה מנורה של אש
And see and do:
See, here on the mountain, the pattern that I am showing to you.
This informs us that Moshe had difficulty in the creation of the menorah (candelabrum)
Until Hashem showed him a menorah made of fire.
The menorah is particularly complicated, and we see Moshe didn't understand it until he was shown a "diagram." (This would seem to imply that the others he was not shown, but what about the words implying seeing there?)

Siftei Chachamim cites an expanded version of the midrash:
והקדוש ברוך הוא כשראה שנתקשה בה הראהו מנורת אש
ואף על פי כן נתקשה בה
אמר לו השלך את הככר לאור
וזה היה על ידי בצלאל
והיא נעשית מאליה בפועל
אבל לא אמר הקדוש ברוך הוא למשה בפירוש שתיעשה מאליה
ודרשו כן מדכתיב תיעשה ביו"ד ולא תעשה
הרא"ם האריך כאן ואני קצרתי
And Hashem when He saw that he {Moshe} had difficulty with it, showed him a menorah of fire.
And even so he had difficulty with it
He {Hashem} said: throw the kikar {a measure of gold} into the fire,
And this was via the hand of Betzalel,
And it came into being of its own accord in actuality
But Hashem did not tell Moshe explicitly that it would be made of its own accord
And they darshened this from the fact that it says תיעשה with a yud {implying the nifal=passive} and not תעשה {which would be the active, which would have him =Moshe doing it, rather than it being made}
Mizrachi elaborates here, and I shortened.

Wednesday, February 09, 2005

Seforim Sale Starts Tonight

I received the following in my email, and am reposting it as a public service announcement. I got some good stuff at last year's sale.
A Good Chodesh Adar1, 5765 to all!

S.O.Y. Seforim Sale, 2/9/05 to 3/2/05
Student Organization of Yeshiva [University]
Main website is http://www.soyseforim.org

-OVER 10,000 TITLES-
-LARGEST JEWISH BOOK SALE IN NORTH AMERICA-
-ONLY 3 WEEKS-

GRAND OPENING TONIGHT!,
WEDNESDAY FEBRUARY 9TH, 2005

Join us tonight for our special opening night
featuring L'man Achai: "Feed Israel's Hungry", with
President Richard M. Joel, Rav Meir Goldwicht and
Rav Hershel Schachter, lecture starting at 7:00PM.
There is no admission charge for this event,
and no RSVP is required.
------
Tomorrow night, Thursday, February 10, 2005, 8:00PM
Sy Syms Concert featuring Soul Farm and Tzemach Band
Tickets: $12 The contact person for this particular
event is Danny Ackerman, dackerma@ymail...
------
This Saturday night Motzei Shabbat, February 12, 2005, 7:30PM.
S.O.Y. Melave Malka with Srully Williger and the Neginah
Orchestra. There is no admission charge for this event,
and no RSVP is required.
------
These three S.O.Y. Seforim Sale events and others are listed at
http://www.soyseforim.org/event_cal.php

The Sale itself starts tonight and
will take place thru March 2nd 2005.
Sale dates and hours are at http://www.soyseforim.org/calendara.php

The 2005 S.O.Y. Seforim Sale Catalog
for viewing/searching available titles is at
http://www.soyseforim.org/catalog.php

The Sale is located at Yeshiva University's
Wilf Campus
Weissberg Commons, Belfer Hall
2495 Amsterdam Avenue
New York, NY
Free parking will be available.
Directions to Wilf Campus and parking information are at
http://www.soyseforim.org/directions.php

Further inquiries regarding the S.O.Y.
Seforim Sale should be directed to :
S.O.Y. Seforim Sale, Inc.
Yeshiva University
500 West 185th Street
New York, NY 10033
Tel 212-960-0156
Fax 212-960-0157
E-mail: info@soyseforim.org
(from http://www.soyseforim.org/contact.php)

See ya there!
Check out this post as Cross Currents. It discusses what seems to be another instance of secular Israelis scrupulously monitoring the religious to find rulings that they can mock in the press, often by taking the rulings out of context. This seems of the same type as the not singing Hebrew in the shower chumra I discussed earlier, which was posted to Oddly Enough news, except here the reaction was stronger.

Today is Ash Wednesday

a Christian day marking the beginning of Lent. I went out to get a shwarma from Burger Delight, and I saw a bunch of people with a mark made of ash on their foreheads. This site gives reasons for the ash, and why on the forehead, but it does not mention the Jewish reason.

Jews also put ash of their foreheads on a certain occasion, in modern times. Specifically, under the chuppa at a wedding, the groom gets ash put not on the forehead but higher up on the head pate - the place where typically the tefillin (phylacteries) is worn.

This is taken from the order of a Taanit, fast day. As we see in Bavli Taanit 15b,
ובשבע אחרונות מוציאין את התיבה לרחובה של עיר
ונותנין אפר על גבי התיבה
ובראש הנשיא
ובראש אב בית דין
וכל אחד ואחד נוטל ונותן בראשו
And in the latter seven fasts they take the teva to the main street of the city
And they put ash atop the teva
And on the head of the nasi (prince)
And on the head of the Av Bet Din
And each one takes and places it on his head.
Under the chuppa I think it is placed in remembrance of the destroyed Temple. (no pun intended :)

Why specifically in the place of the tefillin? As we read on the next page, Taanit 16a,

והיכא מנח להו?
אמר רבי יצחק במקום תפילין
שנאמר (ישעיהו סא) לשום לאבילי ציון לתת להם פאר תחת אפר
And where do you place it?
Rabbi Yitzchak says: in the place of tefillin
As it states in Yeshaya 61:3: To appoint unto them that mourn in Zion, to give unto them glory in place of ashes. Or, as the JPS translation likes to say:

ג לָשׂוּם לַאֲבֵלֵי צִיּוֹן, לָתֵת לָהֶם פְּאֵר תַּחַת אֵפֶר שֶׁמֶן שָׂשׂוֹן תַּחַת אֵבֶל--מַעֲטֵה תְהִלָּה, תַּחַת רוּחַ כֵּהָה; וְקֹרָא לָהֶם אֵילֵי הַצֶּדֶק, מַטַּע ה לְהִתְפָּאֵר. 3 To appoint unto them that mourn in Zion, to give unto them a garland for ashes, the oil of joy for mourning, the mantle of praise for the spirit of heaviness; that they might be called terebinths of righteousness, the planting of the LORD, wherein He might glory.
This can be taken hyper-literally (and thus midrashically) as פְּאֵר - "glory" in the same location as אֵפֶר - "ash." Note by the way that פְּאֵר and אֵפֶר are two permutations of the same letters, as was intended.

Now, elsewhere, we associate פְּאֵר with tefillin - the bracha we say in the morning of Oter Yisrael BiTifara - "Who crowns Israel with glory" is a reference to the tefillin shel rosh, the tefillin worn on the head. Thus, the ash goes in the same location as the tefillin.

Rav Schachter cited someone once in shiur that this is a proof (among a few others) that early Christians followed some Sadducee beliefs, in terms of rejecting the Oral Law. After all, they put the ash not where we put our tefillin, but lower, on the forehead, where the Sadducees put their tefillin.

Tuesday, February 08, 2005

Lichatchila and Bidieved in Biblical Laws? Teruma

In Bamidbar 18:25f we read the laws of terumat maaser. That is, the Levites receive tithes, called maaser. From those gifts, they must in turn give a tithe of their received tithes to the Kohanim, just as the Israelites must give a tithe (maaser) of their earned wealth gained by farming and must give a teruma to kohanim. (see here for a good summary - scroll down to "Synopsis of Torah Laws relating to the Land.") The pasukim:
כה וַיְדַבֵּר ה, אֶל-מֹשֶׁה לֵּאמֹר. 25 And the LORD spoke unto Moses, saying:
כו וְאֶל-הַלְוִיִּם תְּדַבֵּר, וְאָמַרְתָּ אֲלֵהֶם, כִּי-תִקְחוּ מֵאֵת בְּנֵי-יִשְׂרָאֵל אֶת-הַמַּעֲשֵׂר אֲשֶׁר נָתַתִּי לָכֶם מֵאִתָּם, בְּנַחֲלַתְכֶם--וַהֲרֵמֹתֶם מִמֶּנּוּ תְּרוּמַת ה, מַעֲשֵׂר מִן-הַמַּעֲשֵׂר. 26 'Moreover thou shalt speak unto the Levites, and say unto them: When ye take of the children of Israel the tithe which I have given you from them for your inheritance, then ye shall set apart of it a gift for the LORD, even a tithe of the tithe.
כז וְנֶחְשַׁב לָכֶם, תְּרוּמַתְכֶם--כַּדָּגָן, מִן-הַגֹּרֶן, וְכַמְלֵאָה, מִן-הַיָּקֶב. 27 And the gift which ye set apart shall be reckoned unto you, as though it were the corn of the threshing-floor, and as the fulness of the wine-press.
כח כֵּן תָּרִימוּ גַם-אַתֶּם, תְּרוּמַת ה, מִכֹּל מַעְשְׂרֹתֵיכֶם, אֲשֶׁר תִּקְחוּ מֵאֵת בְּנֵי יִשְׂרָאֵל; וּנְתַתֶּם מִמֶּנּוּ אֶת-תְּרוּמַת יְהוָה, לְאַהֲרֹן הַכֹּהֵן. 28 Thus ye also shall set apart a gift unto the LORD of all your tithes, which ye receive of the children of Israel; and thereof ye shall give the gift which is set apart unto the LORD to Aaron the priest.
The famous phrase cited for this terumat maaser is כֵּן תָּרִימוּ גַם-אַתֶּם, "Thus ye also shall set apart a gift". The word אַתֶּם is used to restrict who can do it.
במדבר יח) אתם פרט לשותפין.
אתם פרט לאפיטרופוס.
אתם פרט לתורם שאינו שלו.
אתם פרט לשותפין.
והתנינן השותפין שתרמו.
אלא כאן בתרומה גדולה.
כאן בתרומת מעשר.
כלום למדו תרומה גדולה לא מתרומת מעשר?!
אלא כאן להלכה.
כאן למעשה.
אַתֶּם - "you (pl.)" - excluding partners
אַתֶּם - "you (pl.)" - excluding a legally appointed guardian
אַתֶּם - "you (pl.)" - excluding one who takes off teruma from that which is not his.
אַתֶּם - "you (pl.)" - excluding partners:
But we learned in a mishna: The partners who took of teruma...!
Rather here for teruma gedola (normal teruma) {partners can separate}
Here for terumat maaser {partners cannot, for the word אַתֶּם is written by terumat maaser.}
But do we not learn {the laws of} teruma gedola from terumat maaser?!
Rather, here for halacha {understood as the lichatchila, partners should not}
Here limaaseh {actual action - that is, after the fact, bidieved.}
The Korban HaEda explains that there is a gezeira, a rabbinic decree. In general, partners are not makpid, insistent, that one not take off for the other. If they were makpid it would be invalid. They made a gezeira on the general case because of the case when they are makpid. But, bidieved, after the fact, they would not invalidate it.

It is strange to talk of gezeira when after all the law is initially derived from a Biblical word - אַתֶּם! Perhaps that is the source for partners who are makpid. Still, the injection of rabbinic decree seems unwarranted here. Also, perhaps it is only teruma dirabbanan, but then the Biblical derivation again presents a problem.

On the other hand, it is generally accepted that there can be no lichatchila and bidieved in Biblical law. There are exceptions in the law of chalitza, and I've seen some in the laws of sota. This would present another counterexample, if it is indeed meant to be Biblical. One could take the possibly facile out and say that the derivation from אַתֶּם is an asmachta, a hint to a rabbinic law, but the law is not in fact derived from there. But I think this gemara is important as a possible counterexample to the assumption that there is no lichatchila and bidieved in Biblical law.

+2 gittin;

הדרן עלך כל גט
הדרן עלך השולח גט לאשתו
(prakim 3-4 of yerushalmi gittin)

Sources for Shabbat: Yerushalmi Ketubot

We learned: Rabbi Yuda said: In Yehuda initially they set up two groomsmen,
one of the bride and one of the groom
Even so, they only set them up
at the time of nisuin
And in Galil they did not do this.
In Yehuda initially they would seclude
the groom with the bride for an hour
so he would not be embarrassed before her
and in Galil they did not do this.
In Yehuda initially the groomsmen would search in the place of the groom and
the place of the bride
and in Galil they did not do this.
In Yehuda initially the groomsmen would sleep in the place of the groom and the bride
and in Galil they did not do this.
page 3a halacha 1 gemara
anyone who does not practice according to this practice is unable to claim taanat betulim
There {in Nida} they learned: {Rabbi Yuda said} Every vine has wine, and that does have wine is trokti
Rabbi Yirmiya asked: Now say, there is no taanat betulim according to Rabbi Yuda!
Rabbi Yossi said: the entire entity says that there is a taanat betulim according to R Yuda
For we learned: Rabbi Yuda said:
"In Yehuda initially the they set up two groomsmen, one of the bride and one of the groom; Even so, they only set them up
at the time of nisuin; And in Galil they did not do this, etc, ... until
In Yehuda initially the groomsmen would sleep in the place of the groom and the bride and in Galil they didn't do this."
What now? It is upon her to bring proof that she is from a family of trokti.
Rabbi Yirmiya thought to say
the custom of Yehuda in Galil.
Rabbi Yossi said to him: And is the custom of Yehuda in Galil Torah law?
Rather the custom of Yehuda in Yehuda
and the custom of Galil in Galil
Once you say it is not Torah law
you should not set up?!
.... to be continued...















































































דף ב, ב פרק א הלכה א גמרא
תני א"ר יודה
ביהודה בראשונה היו מעמידין אותן שני שושבינין
אחד משל כלה ואחד משל חתן
אף על פי כן לא היו מעמידין אותן
אלא בשעת נישואין
ובגליל לא היו עושין כן
ביהודה בראשונה היו מייחדין
החתן אצל הכלה שעה
כדי שיהא לבו גס בה
ובגליל לא היו עושין כן
ביהודה בראשונה היו השושבינין מפשפשין
במקום החתן
ובמקום הכלה
ובגליל לא היו עושין כן
ביהודה בראשונה היו השושבינין ישינין
במקום חתן ובמקום כלה
ובגליל לא היו עושין כן
דף ג, א פרק א הלכה א גמרא
כל שלא נהג כמנהג זה
אינו יכול לטעון טענת בתולים
תמן תנינן
כל גפן יש בה יין
ושאין בה יין טרוקטי
ר' ירמיה בעי מעתה
אין טענת בתולים כר' יודה!
אמר רבי יוסה כל גרמא אמרה
שיש טענת בתולים כרבי יודה
דתני אמר רבי יודה
ביהודה בראשונה היו מעמידין שני שושבינין א' משל חתן
וא' משל כלה אף על פי כן לא היו מעמידין אלא לנישואין ובגליל לא היו עושין כן וכו' עד ישינין במקום חתן ובמקום כלה ובגליל לא היו עושין כן
מאי כדון?
עליה להביא ראייה שהיא ממשפחת טרוקטי
רבי ירמיה סבר מימר
מנהג יהודה בגליל
אמר ליה רבי יוסי
וכי מנהג יהודה בגליל עדות תורה היא?!
אלא מנהג יהודה ביהודה
ומנהג גליל בגליל
מכיון דתימר אינה עדות תורה
לא יעמוד
אלא שלא יפרצו בנות ישראל בזימה
אם בשביל שלא יפרצו בנות ישראל בזימה
אפילו מעמיד לא יהא נאמן?
רבי יוסי בשם רבי אילא
אין אדם עשוי להוציא יציאותיו ולהוציא שם רע על אשתו
אם משום שאין אדם עשוי
להוציא יציאותיו ולהוציא שם רע על אשתו
אפילו אינו מעמיד יהא נאמן!
אמר רבי הילא מפני חשד אחד מפני פרוץ אחר
מה אנן קיימין אם בשפישפש ומצא הרי מצא
אם בשלא מצא הרי פישפש לא פישפש?!
אלא הכין אנן קיימין בשלא פישפש ומצא
היא אומרת דם בתולים היא
והוא אומר לא כי אלא דם צפור היא
הורע כוחו שלא נהג כמנהג זה
הדא דתימר שלא להפסידה מכתובתה
אבל לקיימה אינו רשאי משום ספק סוטה
ותייא כיי דתנינן תמן בתולה ואלמנה וכו' וכולהן מן ההין דאמר רבי הילא בשם רבי לעזר מצא פתח פתוח אסור לקיימה משום ספק סוטה
תני טענת בתולים כל שהן
מעשה באשה אחת שלא נמצא לה בתולים אלא כעין החרדל
ובאת לפני רבי ישמעאל בי רבי יוסי
אמר לה כמותך ירבו בישראל
רבי זכריה חתניה דרבי לוי מקללה
כאינשי ראויה לסמייה סגי נהורא
חבריה אמר מקנתר לה
כל אשה שדמיה מעוטין וולדיה מעוטין
רבי יוסי אמר
דף ג, ב פרק א הלכה א גמרא
מקלס לה
כל אשה שדמיה מעוטין אינה מצויה לטמא מטהרות:

דף ג, ב פרק א הלכה ב משנה
בתולה כתובתה מתאים ואלמנה מנה
בתולה אלמנה גרושה וחלוצה מן האירוסין כתובתן מאתים
ויש להן טענת בתולים
הגיורת והשבויה והשפחה
שנפדו שנשתחררו
ושנתגיירו פחותות מבנות שלש שנים ויום אחד
כתובתן מאתים ויש להן טענת בתולים:

ף ג, ב פרק א הלכה ב גמרא
חונה בשם שמואל בשקל הקודש
רבי בא בר בינא אמר מטבע יוצא
מתניתא מסייעה לר' בא בר בינא
וחמש סלעים של בן במנה צורי
שלשים של עבד חמשים של אונס ושל מפתה
מאה של מוציא שם רע
כולן בשקל הקודש במנה צורי
ולא תנא כתובת אשה עמהן!
אמר ר' אבין כלום למדו מכתובת אשה
לא מכונס וממפתה?
מכיון דתנינן האונס והמפתה כמאן דתנא כתובת אשה עמהן
עד כדון בתולה אלמנה מאי?
אמר רבי חיננא דייה לאלמנה שתיטול מחצית בתולה
אמר רבי חייה בר אדא אפילו ניתני כתובת אשה עמהן
לית כל אילין רבנין פליגין
רבי חנניה ורבי יונתן תריהון אמרין מטבע יוצא
רבי יהושע בן לוי אמר מטבע יוצא
ר' יעקב בר אחא רבי אימי
רבי שמעון בן לקיש בשם ר' יודן נשייא מטבע יוצא
אמר רבי יוחנן סלעים סביריניות מהגינות ירושלמיות
אילין אמרין אכן ואילין אמרין אכן
אלא אף הוא חזר וסבר דכוותהון
ולית כל מילייא אכן
אילין אמרין אכן ואילין אמרין אכן
הא אף הוא חזר ואמר דכוותהון
אתא עובדא קומי דרבי חנינה
באשה שהיתה כתובתה פחותה ממאתים זוז
ואמר תטול מה שכתב לה
אמר לרבי מנא שב וחתום
אמר לה אשוי שיטתך וכה חתום לא רבי חייא
דאמר בשם שמואל בשקל הקודש
רבי אבודמא דציפורי בשם רבי חונה משם

Sunday, February 06, 2005

Mishpatim #1: Twice Betrayed part 1

A Case Study in Multivalence

One of the laws discussed in parshat Mishpatim is that of Amah Ivriyah, the Hebrew maidservant, who is sold by her father into a limited period of servitude, with a possible expectation that if things work out, she will marry the purchaser or his son and become a wife with the full stature afforded to such a position. The Torah discusses what happens if the arrangement will not end up in marriage because they do not hit it off. Shemot 21:8:
ח אִם-רָעָה בְּעֵינֵי אֲדֹנֶיהָ, אֲשֶׁר-לא (לוֹ) יְעָדָהּ--וְהֶפְדָּהּ: לְעַם נָכְרִי לֹא-יִמְשֹׁל לְמָכְרָהּ, בְּבִגְדוֹ-בָהּ. 8 If she please not her master, who hath espoused her to himself, then shall he let her be redeemed; to sell her unto a foreign people he shall have no power, seeing he hath dealt deceitfully with her.
though the traditional translation may differ somewhat than that given above. It is more traditionally taken as "if she please not her master, who should/could marry her {such that he does not do this}, he shall let her {/cause her to} be redeemed; to sell her to a stranger he has no power since he has betrayed her."

The translation as given initially implies that this is happening after he marries her, implying that redemption is option after he has already married her. Perhaps they consider the state immediately upon selling her to be that maidservant-marriage to either him or his son, with options of how this marriage can end. If he decides to end it, she can be redeemed, and would have to be, since she bought her. But, he cannot, on termination of this marriage arrangement, sell her to another - that would be a betrayal upon betrayal.

The way the pasuk is understood by Chazal (as explained by Rashi on site - the gemara Kiddushim 18b may may give a different picture) is different - that that she is sold to be a servant, with an option of marriage to either him or his son, but not that marriage happened immediately and automatically. As a result, yi'ud, marriage to him or his son, would be an option that is hoped for. If she does not find favor in his sight such that he marries her {and so, he does not marry her}, then she is to be redeemed. He cannot sell her to someone else, since he has betrayed her by not marrying her as anticipated at the time of the original sale.

Rashi gives two explanation for בְּבִגְדוֹ-בָהּ - seeing that he has betrayed her - and along with it two ways of parsing the end of the verse. One is that he - the master - has no right to sell her - because he betrayed her by not marrying her. The second is that he - the father - has no right to sell her - for he betrayed her by selling her into servitude initially.

That is, parse 1:
ח אִם-רָעָה בְּעֵינֵי אֲדֹנֶיהָ, אֲשֶׁר-לא (לוֹ) יְעָדָהּ - If she please not her master such that he marry her" {and thus, he does not marry her}
וְהֶפְדָּהּ - then he shall allow her/cause her to be redeemed
Now she is redeemed, presumably by her family - he father. So you should know that even though you would think as a result of the redemption she is once again under the domain of her father such that he may sell her again
לְעַם נָכְרִי לֹא-יִמְשֹׁל לְמָכְרָהּ, בְּבִגְדוֹ-בָהּ - he, the father, may not [again] sell her to a stranger, seeing as he has betrayed her.

and parse 2:
ח אִם-רָעָה בְּעֵינֵי אֲדֹנֶיהָ, אֲשֶׁר-לא (לוֹ) יְעָדָהּ - If she please not her master such that he marry her" {and thus, he does not marry her}
וְהֶפְדָּהּ - then he shall allow her/cause her to be redeemed
This is the only thing he may do with her. Even though he purchased her, it was in the understanding that he, or a member of his family, would marry her. He does not have the right to sell her to another, but rather she must be redeemed. That is, the remainder of the pasuk spells out what he cannot do and how he must rather allow this redemption:
לְעַם נָכְרִי לֹא-יִמְשֹׁל לְמָכְרָהּ, בְּבִגְדוֹ-בָהּ - he, the master, may not sell her to a stranger, not one of her family {as in redemption} or else perhaps his family {as in marrying her to himself or his son} seeing as he has betrayed her.

Rashi does not present these two parsing as two alternatives. Rather, it seems he presents them as simultaneously intended and correct.

Further, not in the trivial sense of a machloket, dispute, amongst two opinions, and though we decide in favor of one, both were in Hashem's intent because of elu veElu divrei elokim chayaim - that both these and those are the words of the Living God, but more that both are meant and we hold like both. Nor does he does not single one out as the peshat, simple meaning, and another as derash, additional interpretive meaning. Perhaps that is what he means, but I at least did not get that sense.

This is perhaps an early multivalence - insistence that there are two equally acceptable readings of the pasuk, both of which were intended. A further feature, which does not seem present here, is that the ambiguity one would face in seeing these two readings is also intended by the Author.

In fact, there are two other "multivalent" features in this pasuk, in both cases a krei uchtiv, That is, there is a difference between the consonantal text and the way it is read, and perhaps only one was intended, but there is an opinion that both are intended. One is the word לא /לוֹ, written as "No" but "pronounced" as "to him." (It is not clear that there is in fact a difference in pronunciation between the two, but "krei/pronounced" may mean a tradition of meaning. The other is the word בִגְדוֹ, where perhaps the chirik (ee vowel) under the bet could be spelled out with a helper consonant yud to make it clear. With the yud, it would clearly be as we pronounce it, which would then be granted the astounding interpretation of "his clothing." That would be the krei/mikra/pronouncing. Without the yud, we could perhaps put a chataf kametz under the bet (an o sound) such that it would mean (as we usually take it) betrayal. (This I think is Rashi's explanation in the gemara on Kiddushin 18b.) This would be the masoret/ketiv/consonantal text. In both instances, there is an opinion (in the first case Geonic, in the latter Tannaaitic) that both the pronounced and the consonantal texts should be given weight in interpretating the verse, and both are meant. Others (Ibn Ezra in the former, other Tannaim like Rabbi Akiva in the latter) will disagree and say only one is meant.

But, perhaps the krei and ketiv is another manifestation of something similar to multivalence. Perhaps I will expand upon these two cases in a later post.

Thursday, February 03, 2005

Amos the psilos

The other day someone came to this site with the search words Amos and psilos. He or she hit this page, which has a post about Amos 7:14:

וַיַּעַן עָמוֹס, וַיֹּאמֶר אֶל-אֲמַצְיָה, לֹא-נָבִיא אָנֹכִי, וְלֹא בֶן-נָבִיא אָנֹכִי: כִּי-בוֹקֵר אָנֹכִי, וּבוֹלֵס שִׁקְמִים.
"Then answered Amos, and said to Amaziah: 'I was no prophet, neither was I a prophet's son; but I was a herdman, and a dresser of sycamore-trees;"

that is, Amos the boles of sycamores, with the observation that in Geez, a balas is a fig, so the pasuk probably means figger of sycamores (as Dr. Steiner had pointed out in his class on Amos).

The page also had a post titled "Did a dialectal difference between Babylonian and Galilean Aramaic lead to a mistaken psak?" which discussed Yechezkel Kutscher's suggestion that because the Babylonian Aramaic did not distinguish between absolute and definite forms of Aramaic nouns and Galilean Aramaic did, the Yerushalmi treated a statement from Bavel as the feminine absolute rather than Babylonian masculine absolute. In discussing this, I cite a yerushalmi that uses the words psilos (though the printed addition, not recognizing the Greek word, transformed the last letter from a samech to a mem sofit). A psilos is someone with a speech impediment, such that, for example, in trying to say nazir, he will say instead nazik.

Indeed. the reason I posted these two posts in such close proximity is that I had in mind what the searcher was searching for - a midrash that Amos was a psilos, and the Rashi who on that basis explains the hapax legomenon (a word occuring only once in Tanach) boles.

The midrash is in Vayikra Rabba 10:2. The context is the Jews rejecting every prophet Hashem sends. I will translate the portion in red:
ר' עזריה בשם רבי יהודה בר סימון פתר קריה בישעיה
אמר ישעיה מטייל הייתי בבית תלמודי
ושמעתי קולו של הקב"ה אומרת (ישעיה ו) את מי אשלח ומי ילך לנו
שלחתי את מיכה והיו מכין אותו בלחי
ה"ה דכתיב (מיכה ד) בשבט יכו על הלחי
שלחתי את עמוס והיו קורין אותו פסילוס
דא"ר פנחס למה נקרא שמו עמוס
שהיה עמוס בלשונו
מעתה את מי אשלח ומי ילך לנו
ואומר (ישעיה שם ) הנני שלחני א"ל הקדוש ברוך הוא ישעיה בני טרחנין סרבנים הם
אם אתה מקבל עליך להתבזות וללקות מבני את הולך בשליחותי ואם לאו אין אתה הולך בשליחותי
אמר לו על מנת כן (שם נ) גוי נתתי למכים ולחיי למורטים ואיני כדאי לילך בשליחות אצל בניך א"ל הקב"ה ישעיה אהבת צדק
אהבת לצדק את בני
ותשנא רשע
ששנאת מלחייבן
על כן משחך אלהים אלהיך
מהו מחבריך
א"ל חייך כל הנביאים קבלו נבואות נביא מן נביא (במדבר יא) ויאצל מן הרוח אשר עליו וגו'
(מ"ב ב) ויאמרו נחה רוח אליהו על אלישע
אבל את מפי הקדוש ברוך הוא (ישעיה סא) רוח ה' אלהים עלי יען משח וגו'
חייך שכל הנביאים מתנבאים נבואות פשוטות ואת נחמות כפולות (שם נא) עורי עורי התעוררי התעוררי שוש אשיש (שם נא) אנכי אנכי הוא מנחמכם (שם מ) נחמו נחמו
I sent Amos and they called him a psilos.
For, as, Rabbi Pinchas said: why was his name Amos? Because he was burdened (amus) in his tongue.
They were basically saying, of all the people who Hashem could have picked to send, they sent this one who has a speech impediment (so in another text).

We see though the meaning of psilos from this midrash.

Rashi cites this midrash three times. Once on Yeshaya 6:8, and once on Yeshaya 50:5.

Finally, Rashi makes use of the midrash to explain the hapax legomenon boles. He writes, on Amos 7:14:
ובולס שקמים.
מחפש בשקמים לראו' איזה עתו לקוץ כדי להוסיף ענפים
ואיזה ראוי לקורות
שכן דרך שקוצצין בתולות השקמה
ובולס כמו ובולש
אלא שעמוס מגמגם בלשונו
שכך אמרו למה נקרא שמו עמוס שהיה עמוס בלשונו
ישראל קוראים אותו פסילוס כדאיתא בפסיקתא:
And a boles of sycamores:
Searching in the sycamores, to see which one's time it is to be cut in order to increase leaves
And which is appropriate for boards
For it is usual that they cut betulot shikma (young sycamores)
And boles is like (=) bolesh.
But because Amos had a speech impediment
For so they say {this is Rabbi Pinchas} why was his name called Amos? Because he was burdened (amus) in his tongue
the Jews called him psilos, as see in the Pesikta.
I doubt that the word boles was what influenced R Pinchas to make his statement, but Rashi makes good use of it.

Of course, Amos does not turn every shin into a samech, or else he would have said he was a boles sikmim, rather than shikmim. Perhaps it is an occasional slip.

One could also claim (except that we have the better etymology of balas = fig) that it is the phonological context that prompts this change. That is, the close proximity of thin shin in the next word, shikmim, sycamores, is what led to a weakening in the shin into a samech at the end of the previous word, bolesh. That is, the following phonological rule is applied:

/sh/ --> [s] / ___ # sh

which means that /sh/ becomes [s] in the context of being followed by a word boundary (#) and then a shin. Try saying bolesh shikmim a few times fast, with little pause between words, and see how the shin is weakened. Add a speech impediment to the mix, and it is even easier.

Why would R Pinchas give this explanation for Amos's name?

One possibility is how Amos handles the name Yitzchak in the same perek, 7.

In pasuk 9:
ט וְנָשַׁמּוּ בָּמוֹת יִשְׂחָק, וּמִקְדְּשֵׁי יִשְׂרָאֵל יֶחֱרָבוּ; וְקַמְתִּי עַל-בֵּית יָרָבְעָם, בֶּחָרֶב. {ס} 9 And the high places of Isaac shall be desolate, and the sanctuaries of Israel shall be laid waste; and I will rise against the house of Jeroboam with the sword. {S}
and in pasuk 16:

טז וְעַתָּה, שְׁמַע דְּבַר-ה: אַתָּה אֹמֵר, לֹא תִנָּבֵא עַל-יִשְׂרָאֵל, וְלֹא תַטִּיף, עַל-בֵּית יִשְׂחָק. 16 Now therefore hear thou the word of the LORD: Thou sayest: Prophesy not against Israel, and preach not against the house of Isaac;
The second one is Amos' reiteration of Amatziah's command.

It is somewhat irregular to write Yischak instead of Yitzchak. and this might represent a difficulty in pronouncing the emphatic tzadi, falling instead into the non-emphatic sin. We do have one occurrence in Yirmiyahu 33:26:

כו גַּם-זֶרַע יַעֲקוֹב וְדָוִד עַבְדִּי אֶמְאַס, מִקַּחַת מִזַּרְעוֹ מֹשְׁלִים, אֶל-זֶרַע אַבְרָהָם, יִשְׂחָק וְיַעֲקֹב: כִּי-אשוב (אָשִׁיב) אֶת-שְׁבוּתָם, וְרִחַמְתִּים. {פ 26 then will I also cast away the seed of Jacob, and of David My servant, so that I will not take of his seed to be rulers over the seed of Abraham, Isaac, and Jacob; for I will cause their captivity to return, and will have compassion on them.' {P}
However, that is the only other time, so one might rely on the multiple instances in Amos, especially if there is other supporting data, such as his name.

Also, it is something of a tradition for prophets to have speech impediments (Moshe), or impure lips which need fixing (Yeshayahu), or are to young to speak well (Yirmiyahu), or are silent until commanded to speak (Yechezkel) . So it is not strange to have another prophet with difficulty speaking.

I would suggest that perhaps one might also read Amos' statement in Amos 3:7-8 as a defense against what R Pinchas says people were complaining.
ז כִּי לֹא יַעֲשֶׂה אֲדֹנָי יְהוִה, דָּבָר, כִּי אִם-גָּלָה סוֹדוֹ, אֶל-עֲבָדָיו הַנְּבִיאִים. 7 For the Lord GOD will do nothing, but He revealeth His counsel unto His servants the prophets.
ח אַרְיֵה שָׁאָג, מִי לֹא יִירָא; אֲדֹנָי יְהוִה דִּבֶּר, מִי לֹא יִנָּבֵא. 8 The lion hath roared, who will not fear? The Lord GOD hath spoken, who can but prophesy?
That is, if Hashem speaks, how can I but prophesy, even though I have difficulty doing so. True, this does not answer why Hashem would choose someone with a speech impediment in the first place, but perhaps R Pinchas was looking at this pasuk when he said his statement.

notes from class 1 - sugyot in seder moed,

a class I am taking in Revel, are up. You can read them here. (You might need unicode encoding.)

More news on the ban

Check out Bnei Levi, who is saying that Rav Elyashiv may have backed down on the Slifkin ban, and Boruch, who provides some background.

Tuesday, February 01, 2005

Beating Up Thieves continued...

Here's a story you're not likely to see in Tales from the Gemara: from Gittin.

דף ח, ב פרק א הלכה ה גמרא
והדין זכה לחבריה לא יכיל חזור ביה.
דלמא רבי דוסתאי בי רבי ינאי ור' יוסי בן כיפר נחתון מיגבי לחבריה תמן
ואיתאמרת עליהון לישן ביש
אתון בעיי מיפקא מיניה
אמרין לון כבר זכינן
אמרין לון אנן בעי תקימינון טבאת
אמרין לון שומר חנם אנחנו.

דף ט, א פרק א הלכה ה גמרא
אתון לגבי ר' דוסתאי בי רבי ינאי
אמר לון ההנו כולה נסבין לר' יוסי בן כיפר
ופטרוי ואפקון מיניה.
כד סלקון להכא אתא לגבי אבוי
א"ל לית את חמי מה עבד לי ברך.
א"ל מה עבד לך.
א"ל אילו אשוויי עמי לא הוון מפקין מינן כלום.
א"ל מה עבדת כן.
א"ל ראיתי אותן בית דין שוה
וכובעיהן אמה
ומדברין מחציים
ויוסי אחי כפות ורצועה עולה ויורדת
ואמרית שמא דוסתאי אחר יש לאבא
א"ר חגיי הדא דתימר בהוא דלא יכיל מיקמה טבאות.
ברם הוא דיכיל מיקמת טבאות מיפק לון מן הדא ויטלון לדין

And if he is zocheh {transfers ownership via an intermediary} to his friend is not able to retract.
A story: Rabbi Dostai son of Rabbi Yannai and Rabbi Yossi son of Kipper went down to collect there {in Bavel} for the {support of} the scholars
And it was said about them a bad report {that they were going to pocket the money they were collecting}
They {the people who had contributed} came and wished to take {back} the money from them.
They {the collectors} said to them: we have already acquired it {for the scholars}
They {the people} said to them {the collectors}: we want to to accept achrayut {responsibility in case the money is lost or stolen - or in this case, they thought "lost" or "stolen"}
They {the collectors} said to them: we are free watchmen {who do not have this responsibility in case of loss or theft.}
They came before Rabbi Dostai son of Rabbi Yannai
He said to them they {the moneys} were all taken to Rabbi Yossi ben Kippar
And they released him {Rabbi Dostai} and took it from him {Rabbi Yossi}.
When they left to here {Eretz Yisrael} they came before his father {Rabbi Yannai}.
He {Rabbi Yossi ben Kippar} said to him {Rabbi Yannai}: Do you not see what your son did to me?
He {Rabbi Yannai} said to him {Rabbi Yossi}: What did he do to you?
He {Rabbi Yossi} said to him {Rabbi Yannai}: Had they set against me they would have not taken from us anything.
He {Rabbi Yannai} said to him {his son Rabbi Dostai}: Why did you act so?
He {Rabbi Dostai} said to him {Rabbi Yannai}: I saw that they were a formidable court
And their hats were fearful
And they were speaking from their middles {they had deep voices}
And Yossi my brother {not literally} was bent over {on the pillar to be lashed} kafot and the strap rising and falling
And I said: perhaps there is another Dostai to my father?!
Rabbi Chaggai said: this that you say {that they were not responsible for the taking back of the money} is when they were not able to accept acharayut {responsibility if it were stolen or lost}
However, if he is able to accept achrayut, you would take from this one {the collector} and give to this one {the one who was being collected for}
It is a great story. It differs from the modern story below in that here they were trying to get back money that they had donated, while in the story below the goods were recovered, but the people just wanted to beat up shoplifters and pickpockets.

Health Alert! (I think I actually have a box of these Buffalo Wings in my freezer...)

New York firm is recalling about 5,760 pounds of chicken products because of possible listeria contamination, the Agriculture Department's Food Safety and Inspection Service said Monday. Schreiber Processing Corp. of Maspeth has received no reports of illness, the recall said.

The products were produced on Aug. 10 and Dec. 5, 2004. The recalled
products are:

_48-ounce boxes of Empire Kosher Fully Cooked Buffalo Style Wings, Chicken
Wings Coated in Sauce, with date code 1444.

_28-ounce boxes of Empire Kosher Fully Cooked, Breaded, Fried Chicken, six
to nine assorted pieces, with date code 0274.

Each product also bears the establishment number P-787 inside the USDA seal
of inspection.

They were distributed to retail stores in California, Connecticut, Illinois,
Ohio, Louisiana, Maryland, New Jersey, New York, Massachusetts, Michigan,
Minnesota, Pennsylvania and Virginia

Still more on bans

From Arutz Sheva:
Anti-Religious Proposal: Excommunicators Should be Put Away
Jewish World


Two Shinui Party MKs wish to enact legislation stipulating two years' imprisonment for anyone who calls to place public or private figures under excommunication.

Arutz-7's Ruti Avraham reports that the proposal is the brainchild of Shinui MKs Roni Brizon and Reshef Chen. It states, "One must not call for the placing of a herem [ban, excommunication] on a public or private figure, and must not take part in such a herem that was placed." The proposal has been tabled in the Knesset.

The proposed law states that one who calls for a herem is liable to two years in prison, while one who takes part in implementing a herem can be sentenced to one year.

"Excommunication is an anachronistic and unnecessary tool," explain the bill's sponsors. "Its entire purpose is to serve as a means for interested parties in the hareidi community to blackmail public figures and to force them to change their decisions that many people do not like... Threats of excommunication are blatant intervention by hareidi rabbis in the decisions of public figures, and there is no alternative but to compare them to the crime of blackmail with threats..." The MKs referred to allegations that former Chief Rabbi Bakshi-Doron was thus pressured to change his lenient ruling regarding seventh-year produce [Shemittah].

"A state that wishes to be law-abiding," continues the explanation that accompanies the proposal, "cannot afford to allow a situation in which there is such incitement that can end with an angry mob attacking someone or a group and Heaven forbid loss of life. This abominable phenomenon must therefore be uprooted."

Arutz-7 contacted MK Avraham Ravitz (Degel HaTorah) for his response, which was, "Their whole purpose is to incite against traditional hareidi-religious Judaism. If their goal was truly to rid society of various ills, then they would propose legislation against palm readers, tea-leaf readers and all sorts of abomination-inciters. True, there are some charlatans who use the herem for their own purposes, but the Shinui MKs have chosen only this one ill, merely to strike out against the hareidi public, and they are therefore not worthy of bringing such a legislation even if has some merit."

Asked about the MKs' reference to threats to excommunicate Rabbi Bakshi-Doron, Ravitz said, "There was no such thing; this was a lie that became popularly-accepted."

posts so far for parshat Mishpatim

Year 1:
  1. HaAm = Ziknei HaAm as synecdoche
  2. Ayin Tachat Ayin as metaphor
  3. From parshat Behar-Bechukotai, a discussion of serving LeOlam/until Yovel for the perpetual servant mentioned in the beginning of Mishpatim.
  4. from parshat Ki Teitzei, Eshet Yefat To`ar As Progressive Feminist Legislation, where in the course of discussion, I compare it to Amah Ivriya, the Hebrew maidservant, mentioned in the beginning of Mishpatim.
Year 2
  1. Twice Betrayed: A Case Study in Multivalence - part 1

Beating Up Thieves

Via Mmegi Online, via Fark:
Phikwe Mob Beats Man In Bizarre Incident
SELEBI PHIKWE: In a bizarre incident, an angry crowd baying for the blood of a suspected shop-lifter abandoned its mission for a second session of mob justice on an alleged pick-pocket.

Eyewitnesses said the drama started when a Zimbabwean woman stole a DVD from a Chinese shop and handed it over to a compatriot waiting outside. Shop assistants saw what was going on and raised the alarm. A mob gave chase and got hold of the man who was given the DVD. They walloped him before the shop’s employees came to his rescue. The employee took him inside the shop and called the police. But the crowd refused to go away and demanded to be given the suspect to beat. “We are fed up with these criminals who think they can have their way in our town,” they said.

Suddenly, someone in the crowd screamed: “I have been robbed of my P1200”. He apprehended a young man whom he said is the pick-pocket. The DVD thief was soon forgotten as the mob landed on the alleged pick-pocket whose pleas of innocence fell on deaf ears. The new victim was clutching a thick wad of notes, which he refused to give away even as blows rained on him. Within no time he was barefoot with his shirt torn. The crowd was suddenly taken aback when the accused produce bank receipts to prove where he got the money. He threatened his attackers with legal action. The mob kept a distance, save for the complainant who desperately held onto the accused, said to be an ambulance driver with BCL mine.

They complainant got into Barclays Bank with the suspect to sort the matter out. Meanwhile the mob waited outside vowing to beat the daylights out of whoever would turn out to be the liar. It was however proven by the bank that the suspect had just made a P8000 transaction immediately before the drama. The crowd now bayed for the blood of the complainant but he was saved by the police. Selebi Phikwe Police Station commander, Superintendent Isaiah Makala said they are investigating the incident.
This is relevant to this blog. Perhaps I'll post later explaining how.
Check out this post at Hirhurim showing how various rabbis felt that Chazal relied on contemporary science, which in some cases was wrong.

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