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19.6.16

Introduction: You have a lender and a borrower. The borrower had a field at the time of the loan and bought another field later. There are two buyers of the fields. The lender does not pay. He defaults.
The lender gets his loan paid by the first field and the buyer of the first field gets his קרן (the amount he paid) paid back by the second field. Tosphot asks: Why is there a second field? The second answer of Tosphot is the first was made a guarantee for the loan. The old Tosphot answered because the lender already collected his שיעבוד ("Obligation.)" That is to say at the time the loan was collected there was no second field. The borrower bought it after part of the loan was collected. The old Tosphot holds the lender at that point can not keep on collecting any and all property until the loan is paid


The idea here is that the lender gets paid back by property that the borrower owns at the time of the loan. That is even if the borrower sold the property. This has an equivalent in modern day law. You look when you buy a home to make sure there are no previous obligations on the home. You hire someone to do a background check.

But furthermore in the document of the loan usually it is written "all property that I will buy in the future will be subject to this loan---to pay it back in a case of default." [What if this was not written? That a different subject.]

Why I bring up this subject here is simply because the first answer of Tosphot holds the lender must go after the first field. So in terms of this law we have a מחלקת ראשונים and argument--which field must the lender go after? [In my notes  I wrote the possibility that this is related to an issue of when one borrows and then borrows again from someone else and then buys a field]
The older version of Tosphot is brought in the Maharsha. It comes from something called "תוספות ישנים" which is an older version of Tosphot before the editing process began the the 1200's. We do not have  a lot of these. You can find them mainly in Yevamot. But the Maharasha found one that applies to our case.


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 בבא מציעא י''ד ע''ב.  There is a difference between the answer of תוספות about אפותיקי and the version of the תוספות ישנים that says there is a second field because the lender already took his שיעבוד. The answer of  תוספות ישנים is that there is a second field because there was only one field at the time the loan was collected. Then the lender bought another field. Then the first buyer collects from the second field. According to this if there had been a second field that was bought later the lender would have had to have gone after it. That is the exact same idea as the second answer of תוספות about the אפותיקי. There also the only reason the lender went after the first field was because it was made a guarantee for the loan.
Therefore in terms of law about which field the lender must go after the second answer of  תוספות and the  תוספות ישנים hold the lender must go after the second field, if he can. But the second answer of תוספות and the  תוספות ישנים will differ in the case that the lender has already collected part of his loan. The  תוספות ישנים holds once he has collected any part of his loan according to the circumstances at the time, then he can not collect again. The second answer of תוספות about the אפותיקי holds he could continue to collect.


 בבא מציעא י''ד ע''ב. יש הבדל בין התשובה של תוספות על אפותיקי ואת הגרסה של התוספות הישנות שאומרת יש שדה שני כי המלווה כבר לקח את השיעבוד שלו. התשובה של תוספות הישנות היא כי יש שדה שני כי לא היה רק שדה אחד בזמן ההלוואה נאספה. אז מלווה רכש עוד שדה. ואז הקונה הראשון אוסף מהשדה השני. לפי זה אם היה שדה שני אשר נרכש מאוחר יותר המלווה היה צריך ללכת אחריו. זהו הרעיון בדיוק כמו התשובה השנייה של תוספות על אפותיקי. שם הסיבה היחידה שהמלווה הלך אחרי השדה הראשון היה כי הוא בוצע ערבות להלוואה. לכן מבחינת החוק, התשובה השנייה של תוספות ואת התוספות הישנות מחזיקות  שהמלווה חייב ללכת לאחר השדה השני, אם הוא יכול. אבל התשובה השנייה של תוספות ואת התוספות הישנות תהיינה שונות במקרה שהמלווה אסף כבר חלק ההלוואה שלו. התוספות הישנות מחזיקות שאם  פעם אחת המלווה אסף  חלק של ההלוואה שלו בהתאם לנסיבות באותה העת, ואז הוא לא יכול לאסוף שוב. התשובה השנייה של תוספות על אפותיקי מחזיקה שיוכל להמשיך לאסוף.



18.6.16

The Mediaeval approach

The Mediaeval approach was to see the glory of God in his creation. This at least I saw a lot in the mediaeval books of Musar like the Obligations of the Heart.

To me it sounded like they were saying to learn Natural Science but did not want to actually come out and say so. But it was close enough to bother me. I was in yeshiva when I was seeing this and that was not a message I wanted to see. It would have meant that my parents were right all along that wanted me to go into Math and Physics.[Of course they never said anything even remotely like that.They were not about to try to use their influence in that way. But when they saw my interest in those areas they were very encouraging.]

17.6.16

events events in Uman

I do not have a lot to say about events events in Uman. Mainly my idea is that the excommunication that the Gra signed is still valid. People ignore it at their own risk.

The main thing about it --if you want to get a better idea of what it [ a חרם (excommunication)] means is to look in the laws of shavuot [oaths] of the Rambam in the commentaries there is brought the debate about what kind of force a חרם has. It ends up being a מחלוקת ראשונים[debate among mediaeval authorities]. No surprise there. The basic idea that comes out that is relevant for us is that it is a kind of איסר נדר (prohibition due to a vow). That is when one says "This loaf of bread is a קרבן (sacrifice) to me" that makes the loaf of bread forbidden to him to eat or even to sell and use the money.

I know this might seem silly to people and I admit to me also it would not make much sense if not for the falsification in the pudding. Not the proof in the pudding but the disproof. An increase in bad character traits indicates not only no spiritual benefit but even a negative effect.
 Did you ever see a pigeon beat up another pigeon because the poor pigeon was getting more pizza crumbs than the aggressor? I saw this in Uman. You would not see such a thing in Uman years ago. On the contrary, even the cats and dogs and chickens got along fine. Something changed. 

16.6.16

I was asked about Numinous reality. Or Holy reality


 The major idea comes from Kant. Kant was trying to answer a few problems. Mainly the problem that both the empiricist and the rationalist both had good points. Thus he came up with the Gothic Structure of the Critique.

The problems in the critique were noted by later people. One approach to iron out the difficulties was this idea of non intuitive immediate knowledge. Things we know not by reason and not by senses.
What is known by kind of thought we can call non intuitive immediate knowledge but it really is a kind of Reason that recognizes or know things beyond detecting contradictions.

So this idea is in some way expanding the areas that reason perceives. One area is numinous reality. Pure content and no form.

Part of the idea comes from Socrates. When he questioned the slave if he knew the answer to a certain problem in geometry. The slave said no. Socrates then asked him a series of questions until at the end the slave came up with the right answer. There are therefore things we know but we do not know that we know. Another aspect of Socrates was to ask people questions about things they thought they knew. There was a series of question until the person contradicted himself and thus showing there are things we think we now that we do not know.

The way I approach Numinous Reality: The Giving of the Torah (Matan Torah) was a beginning of a new kind of thing. That is there have been times when God wanted to bring something important and special into the world, and one such time was  Matan Torah. I really would need to go into this in more detail based on the Rambam in his Guide for the Perplexed.

So to come to Torah"-- an Iyun (in depth session) Shiur in Torah should be in one of several books Avi Ezri, Reb Chaim Soloveitchik's Chidushei HaRambam, Baruch Ber a disciple of Reb Chaim Soloveitchik, Shimon Shkop another disciple of Reb Chaim. Or you can take one Tosphot and just do it every day until it becomes clear, The fast session should be to get through the entire Oral Law with Rashi and Tosphot.


That is to say I recognize the Law of Moses as a kind of wake up call for humanity. Thus one should go though the Oral and Written Law. That is simple.The most one needs to do a entire half page of Gemara Rashi and Tosphot [an Amud] is 30 minutes.Add the Maharsha and Maharam with that and you have 40 minutes. So to get through the whole Oral and written Law is simple and short. Ten minutes of the Old Testament and 40 on the Talmud.That is easy as apple pie.


[I am aware of different levels. I know some people have not gone through the whole Old Testament yet in Hebrew so for them it might be a good idea to spend more than ten minutes on this. The best thing is for beginners is to get a Hebrew English Dictionary, Forget the commentaries. They are not worth the time and mostly are very unhelpful.


To tell the difference between numinous reality from the realm of holiness and as opposed to the Dark Side is by character traits. This was an idea of Hegel and it makes sense to me. That there is a strong correlation between holiness and good character.

You see this idea also in Dante. And it comes up in Musar of Reb Israel Salanter very often.


That is in the disciples of Reb Israel Salanter the idea of "midot" character as being primary comes up often. You see in in the Rambam also in the Guide concerning the reasons for the commandments of the Torah











15.6.16

Islam promotes violence against non-Muslims and subversion in non-Islamic countries. Muslims should never have been allowed access to any Western nation. It might be impractical – not to say illegal under American law – to round up all known Muslims within our borders and deport them.

Once a nation admits Muslims, they will proliferate like cockroaches. Shortly after that, the violent fraction among them will use the numbers of those otherwise inclined for shelter, concealment, and support, as their religion dictates. And every terrorist act will be swiftly followed by pleas for “tolerance” and demands for concessions to their creed, by both private and public institutions.
There have been times in my life when I have “pushed my luck” and eventually suffered the consequences. Life has a way of giving you a painful “reality check”. A friend of mine used to call it the “cosmic NO”, when the universe tells you that you need to rethink your approach.
The thirty-year-old graduate student with no prospect of tenure; the thirty-year-old unmarried woman whose youth is starting to leave her; the worker whose career is a string of angry confrontations: there are plenty of people who will likely hit the wall one day. Or, as we used to say, they are “riding for a fall”.