Translate

Powered By Blogger

29.7.15

 Rav Elazar Menachem Shach heard an idea from Isaac Zev Soloveitchik that I wanted to present here

The preliminaries are these: A mishna  says land conquered by Jews coming out of Egypt  but not settled by Jews returning to Israel from Babylonia is נאכל ואינו נעבד eaten but not worked on the seventh year. Another Mishna says עבר הירדן is obligated in ביעור. Fruits from lands beyond the Jordan river is not allowed to be eaten if there is nothing left of it in the fields. The Gemara in Yevamot 16b says אמון ומואב מעשרין מעשר עני בשביעית. Amon and Moav give tithes to the poor in the seventh year.
A few lines later the Talmud explains the reason: דאמר מר הרבה כרכים כבשו עולי מצרים והינחום עולי בבל שקדושה ראשונה קדשה לשעתה ולא קדשה לעתיד לבא כדי שיסמכו עליהם עניים בשביעית



Those are three facts from the Talmud.





The next three facts you need are these. Three Rambams. הלכות שביעית ויובל ד:כו. Land up until Kaziv is עולי בבל. After Kaziv is עולי מצרים. And is נאכל ואינו נעבד eaten but not worked on the seventh year.
The Rambam models his law here on the Mishna but adds ספיחים are eaten. [Not like ר' שמשון].
In the first chapter of Trumah the Rambam decides the law קדושה ראשונה the first sanctification did not sanctify the land permanently. Only the second sanctification did that.
In הלכות ביכורים ו:ה The Rambam says Amon and Moav and Egypt give tithes to the poor in the seventh year and Babylon gives the second tithe.

These are the six facts you need. Three from the Rambam and three from the Talmud.

Zev Soloveitchik told Rav Shach that land conquered by Jews coming from Egypt is obligated in all obligations that the land of Israel is obligated in.
One idea explains and clarifies everything in one simple sentence. I do have I think a very good question on this idea but I will save that for desert.

The shock value here lies starts when you notice the Gemara in Yevamot never said anything about land conquered by Jews returning from Egypt as being obligated in tithes to the poor. All it says is so that the poor will depend on them in the seventh year. That means it has all the obligations of the land of Israel. Seventh year, Truma, the forgotten sheaf etc., and etc.

The question I have is the fact that the Talmud says "they left them so the poor can depend on them in the seventh year." But all the more so if they had not left them then the land would have the holiness of the land of Israel and the poor would depend on them in the seventh year. My learning partner answered it is referring to ספיחים. But I think that is not a good answer because they left those lands before there was an decree against  ספיחים

 Clearly עולי מצרים is considered the land of Israel to the Rambam. And just like  Isaac Soloveitchik suggested it is obligated in all obligated of the land of Israel

A key fact here is הלכות תרומות א:כו that even the second sanctification did not sanctify any part of Israel until all Israel returns. Until then all obligations are by rabbinical decree.



 This explains the Rambam in laws of Trumot ch. 1 halacha 5, ולא פטרום כדי שיסמו כו עליהם עניים בשביעית. Logically that means if they had not left them poor people could not depend on them. At first glance this sounds senseless. But what I suggest it means is this : if they had not left them they would be obligated in the seventh year laws.


Still  what is hard to understand here is this way the Rambam puts it. He could have written that  עולי מצרים have an obligation of Trumah but not the seventh year and that is from the sages.







j70mp3     j70 midi   j70 nwc

To me this seems like a very good thing--as long as one does not break his ties to the Litvak world and become officially "Breslov." When that line is crossed something changes and the person loses something I cant exactly place my finger on how to call it.
v


Yevamot 16b

What it looks like to me is that the Rambam is like the second answer in Tosphot.
I am still in the middle of Rav Elazar Menachem Shach's essay on this Rambam.
[In laws of the seventh year in the Rambam.]  But just off hand it looks to me that the area of Amon and Moav that the Gemara says is obligated in tithes to the poor on the seventh year is talking about the areas that were not conquered by the Jews coming out of Egypt.

That seems fine. But what that would mean for some city in side of Israel proper that was conquered by the Jews coming out of Egypt but not by the Jews coming back from Babylonia is that a city like Beit Shan in the Galil  would have to give tithes to the poor on the seventh year and also be obligated in the laws of the seventh year. And that seems contradictory.


I mean to say that the laws of the seventh year  would be obligatory from the Torah   just by the fact of it being the land of Israel even though it was not sanctified in  by the Jews coming back from Babylonia. But on top of that it would have a rabbinical obligation to give מעשר עני tithes to the poor. What is wrong with this is tithes to the poor is dependent on the order of the years. It is given on the third and sixth year. And even if there would be some rabbinical decree to give on the seventh year but the fruits are open for all to take anyway!


Appendix: Land that was conquered by Jews coming  from Egypt but not by Jews coming back from Babylonian is not worked but the fruits growing by themselves can be eaten after the ביעור. That seems to imply it is obligated in the seventh year laws from the Torah itself.--Even though it was not sanctified! OK that is unexpected, but reasonable. But what makes it hard to understand it that the very same land would be obligated in tithes to the poor! What could that mean? The fruit is anyway open for anyone to take.


That is land that is עולי מצרים but not עולי בבל is נאכל but not נעבד. The Rambam might have explained that like the Rabainu Shimshon. But he did not. He said it means ספיחים. So we have שביעית from the Torah even though קדושה ראשונה קדשה לשעתה ולא קידשה לעתיד לבא. And in spite of that, it still in obligated in מעשר עני! How does this fit?
I think  Rav Shach might be asking the same thing. For what I remember when learning this with my learning partner is the Rav Shach focuses on the fact the land is not worked so how is מעשר עני applicable?  Maybe that is the same thing I am asking?






28.7.15

Murder of white farmers in South Africa. 1554 murders.

A nice film about this problem

https://www.youtube.com/watch?t=37&v=SKG72AviEFw


There are people that say there have been 3000.

There are about 44 murders per day.

The point is that there is no question that whites are being targeted.

Welcome to the future of Baltimore

[I know this not really a Jewish issue but it seems to me that injustice anywhere affects me also.]
I know there were many people in the international community that were horrified that white farmers in South Africa were defending themselves. They called the system of government there unjust even though they had never even been there and seen up close what the situation was. And pressure was kept up until the government fell,]


The way this could have been prevented is if people would learn The Five Books of Moses along with the Oral Law. That is called "learning Torah." Then it would have been clear to people that farmers had a right  of self defense. But people were too busy working for "social justice" than to care about real justice. 
My feeling about learning Torah is based to some degree  on the approach that I was introduced to when I first got to my first yeshiva in Far Rockaway, NY. That approach was uniform among all NY yeshivas and it was this: the main thing in life is to serve God, and the main way of serving God  learning Torah.

But we also know that the way of Torah is not to use Torah to make money. Nor to accept charity to be able to learn Torah. Nor to force the Israeli government to give you money so that you can learn. Nor to talk to secular Jews as if they are your brothers when you are asking them for money. and then to turn around when they are not looking and curse them.

These later approaches are clearly not the path of Torah. but they are a result of the the insane religious world  life style. For this reason in my previous post I mentioned Rav Kook and Rav Shimshon Refael Hirsh because the later one emphasizes Torah with working for a living and Rav Kook empathizes the settlement in the Land of Israel also. So they both give a balanced introduction to Torah thought and at the same time have a kind of balanced approach that is closer to true Torah than anything else I have seen,  
Reform Jews do not learn much Torah. That is the reason they often support movements that are inimical to Torah.
People that have to work for a living or go to school have little time to learn Torah themselves so they have to depend on people that present themselves as understanding Torah in order to form their world view.

Reform people certainly have their hearts in the right place but they also often are not very well knowledgeable in Torah.

The trouble is that many of the people that present themselves as knowledgeable in Torah have very evil hearts. And Reform Jews know this fact and so are very wary of these evil people. [Or they should be very wary of them.]

 The best advice is to learn Torah yourself or if possible to go to a straight and normal Lithuanian kind of yeshiva where the Oral and written law are learning with no propaganda added. Of course for people in NY or Bnai Brak this is easy. But Jerusalem has a problem of animosity. Religious Jews there might like the money of secular Jews, but of one actually tries to settle in their neighborhood they will stop at nothing to get rid of him.


Obviously the the insane religious world  haג nothing to do with Torah.



What one can do is to learn on one's own. The books of Rav Kook I think are very excellent.