Rabbi Yosef Gavriel Bechhofer הרב יוסף גבריאל בקהופר
Thursday, July 27, 2006
The Power of a Beis Din to Create a Halachic Metzius
The shul in which I daven in the morning has a copy of the "banned" sefer of R' Chaim Kanievski's often one word answers to the many questions some fellow directed at him - it's called "Doleh u'Mashkeh." One of the very interesting responses was to the question of the status of a person condemned by a Beis Din to death who himself knows that he did not commit the crime in question. Is this person allowed to turn around and kill the Shaliach Beis Din who comes to execute him? R' Chaim responded that in Sanhedrin 82a we only see that in the case of Zimri (Bo'el Aramis) would he have been justified in killing Pinchas - the inference being that all other Chayavei Misos Beis Din are not allowed to kill their executioners. In response to a follow-up question, R' Chaim acknowledged two sevaros at work here: "Chiyuv mechudash," and "Rodef b'ones" (the author questioned the second sevara on the basis of the case of a fetus that is being rodef the mother, ach yesh l'yashev). The first pshat is very much in line with my contention in the question of the permissibility of killing lice on Shabbos: Chazal are kovei'a the Halachic Metzius.
Wednesday, July 26, 2006
Monday, July 24, 2006
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Tuesday, July 18, 2006
"Gedolah Melachah"
Dvar Hashem me'Yeurshalmi
Ma'asros 11b
From the Kav v'Naki Biurim ad loc.
May the zechus of learning Yerushalmi protect the residents of the north, the area in which it was written and redacted.
Here, R' Shimon bar Yochai says: "Work is great – for the generation of the flood was only eradicated because they were not productive and turned to theft, yet a worker working in the field is exempt from the prohibition of theft." In the Bavli, Nedarim 49b and in Mechilta d'Rashby, Yisro 20:9, in different contexts, RSBY also says: Gedolah melachah.
The Maharatz Chajes to Nedarim loc. cit. asks: Is this not a contradiction to RSBY's opinion in Berachos 35b that work is only the lot of the Jewish people when they are not fully fulfilling Hashem's will, but that when they are in full fulfillment of Hashem's will their work is performed by others?
The Sdei Chemed (Ma'areches HaVav #15 d.h. V'Li HaDal) asks a related question: Is RSBY's statement in Berachos not a contradiction to his statement in Menachos 35b that one fulfills Lo Yamush Sefer HaTorah HaZeh MePicha by reading Keri'as Shema twice daily?
He answers that the statement in Berachos was made by RSBY upon emerging from the cave the first time, before the bas kol said to him "L'Hachriv Olami Yotzasem? Chizru L'Me'araschem!" The statement in Menachos, on the other hand, was made after he emerged from the cave the second time. The Kav v'Naki proposes that this is the resolution of the contradiction between our Yerushalmi and the Bavli in Berachos as well.
Ma'asros 11b
From the Kav v'Naki Biurim ad loc.
May the zechus of learning Yerushalmi protect the residents of the north, the area in which it was written and redacted.
Here, R' Shimon bar Yochai says: "Work is great – for the generation of the flood was only eradicated because they were not productive and turned to theft, yet a worker working in the field is exempt from the prohibition of theft." In the Bavli, Nedarim 49b and in Mechilta d'Rashby, Yisro 20:9, in different contexts, RSBY also says: Gedolah melachah.
The Maharatz Chajes to Nedarim loc. cit. asks: Is this not a contradiction to RSBY's opinion in Berachos 35b that work is only the lot of the Jewish people when they are not fully fulfilling Hashem's will, but that when they are in full fulfillment of Hashem's will their work is performed by others?
The Sdei Chemed (Ma'areches HaVav #15 d.h. V'Li HaDal) asks a related question: Is RSBY's statement in Berachos not a contradiction to his statement in Menachos 35b that one fulfills Lo Yamush Sefer HaTorah HaZeh MePicha by reading Keri'as Shema twice daily?
He answers that the statement in Berachos was made by RSBY upon emerging from the cave the first time, before the bas kol said to him "L'Hachriv Olami Yotzasem? Chizru L'Me'araschem!" The statement in Menachos, on the other hand, was made after he emerged from the cave the second time. The Kav v'Naki proposes that this is the resolution of the contradiction between our Yerushalmi and the Bavli in Berachos as well.
Sunday, July 09, 2006
Noach's Rainbow?
http://www.snopes.com/photos/natural/firerainbow.asp
Perhaps this is, in fact, the rainbow of Noach? It shtims nicely with "Es Kashti nasati be'anan."
YGB
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