A question of R. Akiva Eigger

קינוי וסתירה [Kinuy U'Stira] Warning a wife not to be alone with someone, and then her being alone. If in fact after the warning and she is alone with that person, then she needs to go to the Temple and drink the "bitter waters". That is water that is mixed with the ink on which the paragraph on this subject is written in the book of Numbers, and a bit of the dust on the Temple. That is to prove her innocence. She can refuse to drink. The only reason for this is to give her a chance to show she is innocent and can continue to live with her husband. 

R. Akiva Eigger  asks: קינוי וסתירה (warning a wife not to be alone with someone and then her being alone) is an argument between R. Eliezer and R. Yehoshua. To R Yehoshua to warn is before one witness and to be alone with the one she was warned about is in front of two witnesses. So if the husband sees her being alone with the one she was warned about she ought to be permitted.

Yet the Rambam says that if he sees her then he must divorce her and give her her Ketubah.

 Rav Shach answers this question in this way. He says the Rambam means the husband is forbidden to stay with her because שוויה עליו חתיכה דאיסורא

I am having trouble understanding Rav Shach here because his seeing her being alone is not the same thing as seeing her actually committing the crime. So while קינוי וסתירה would make her forbidden to him until she would drink the "bitter waters" in the Temple,  but here there was never fulfilled the conditions that would forbid keeping her.

 x29 b flat major  x29 in midi   x29 in nwc format

 Excommunication was once used to great effect in one of the most dramatic moments of Western civilization--Henry IV. Henry had polices the pope did not agree with. He was excommunicated, then crossed the Alps into Italy in the middle of the freezing winter. [On foot and by wagons]. The pope ran away from Rome to not have to face him. The king found where he was and stood outside barefoot for three days until the pope gave in and absolved him.

Henry remained king.

Why the Catholic church does not do the same with the so called catholic politicians that have policies that oppose the teachings of the church like abortion? or socialism which is against the Ten Commandments "Thou shalt not steal". [Socialism in its essence means people have no right to their own money or property except what the government allows to them. That is legitimizing theft.]

[If only the signature of the Gra on the letter of excommunication was adhered to to any degree at all! That would be the first step out of the mud.]

 It was pointed out to me by David Bronson my learning partner, that the censor caused great problems because now we never know when the Gemara refers to "Akum", [עכו''ם ר''ת עובד כוכבים ומזלות] "goy", "Kuti" כותי etc., to whom are they referring to? The censor by changing things around: "goy" to "akum" and visa verse along with many changes, now  we can never know. [Though I have found that it is possible to figure it out from the context.]

There are differences between these categories. For example "goy" refers to a gentile. "Akum" refers to an idolater who can be Jew or gentile. What makes an "Akum" into an akum is the fact of doing idolatry, not if they are Jewish or not. Kuti is a Samarian. So now when the Gemara says one category we never know if perhaps the original Gemara had a different category.

[So "Akum" will not be referring to a Muslim, and neither to a Christian to many Rishonim opinions like the Meiri and Abravanel, and Tosphot in tractate Avoda Zara. [That Tosphot deals with the famous issue of "joining" שיתוף which should be easy to find, but I admit I forgot the page number.]

One result of this ambiguity is that some people think when the gemara refers to idolaters that it means gentiles. That is a commonplace mistake. Idolater means an idolater. --that is one who does idolatry. 

Lashon hara against Judge Barrett is slander

Amy Barrett adopted a poor child.  But the Left is trying to  to turn her act of kindness into evil. That is the most disgusting thing the Left has come up with so far.

Besides that it is "lashon hara". That is slander. That is to disparage a person for sins between man and fellow man unless some conditions are fulfilled. The source of this is the Gates of Repentance of R. Yona who himself derived them from the Gemara. [That is the source of the famous seven conditions.]

(1) Truth, not to exaggerate, (2) no damage comes more than the law would require, (3) to see it oneself, (4) to give warning beforehand, (5) to judge on the scale of merit if possible, (6) to intend  a ("toelet" תועלת) benefit, (7) that benefit תועלת would not come in any other way.

The Left could not possibly know the intensions of Judge Barrett in doing an act of kindness. So it is lashon hara by definition.

I do not understand why the Left thinks that just because they can lie about someone that makes it OK. Do they think it is Ok according to the holy Torah? How is that possible? Have they never learned Leviticus "Though shalt not walk as a tale bearer among your people"? Or the Ten Commandments, "Thou shalt not bear false witness against thy neighbor"?

The only answer I can come up with is that they have not learned in the Mir Yeshiva. For if they had, they would know about lashon hara.

[Most Litvak yeshiva are aware of the problem with lashon hara (slander), but in the Mir there was a special emphasis on the issue.]

I noticed that President Trump was in a press conference in which he was insulted. He had discussed taxes. Then as he was walking out one of the reporters yelled and screamed at him at him, "Why did you not pay any taxes?!!!" Besides the fact  that that is an obvious lie, what was the most interesting thing was that President Trump did not answer. He just kept on walking.

The reminded me of the LeM of Rav Nahman of Breslov עיקר התשובה שישמע בזיונו יידום וישתוק "The main repentance is to hear your insult and to be quiet and not answer." 

I doubt if President Trump learns the LeM of Rav Nahman, but still it is interesting that he must understand this fact intuitively.

Good Midot

"Good character" is too amorphous. 

That is one reason I found being at the Mir in NY helpful for me in the emphasis on Musar. Not that they learned a lot of Musar. As compared to the five hour "seder" (session) in the morning of Gemara in depth and the four hour seder of gemara with "bekiut" [fast learning], the Musar was short. It was 20 minutes before mincha and 15 minutes before the evening prayer. That is just 3% of the time. Still that short time was enough to give me a good idea of what "good character" is as defined in Torah.

Maybe some examples might be helpful.

But I am not so sure I am one to be giving "musar". The best idea is to take the basic set of Musar of the Rishonim [אורחות צדיקים מסילת ישרים שערי תשובה חובות לבבות ספר היראה לר''ת מעלות המידות]

But I also should add that this does not work very well without being coupled to the Gemara. By itself Musar tends to go off into tangents. For that reason Rav Haim of Brisk did not want it introduced into the yeshivot. But to Rav Israel Salanter, Musar is importnat for everyone. So eventually a kind of sytheneis came about when there is now short sessions of Musra in Litvak yeshivas. Not too much. Not too little. Just right. [Goldilocks.]