x42 B flat major  x42 midi   x42 nwc

There are some laws that are from the sages [called "from the words of the scribes"]

 There are some laws that are from the sages [called "from the words of the scribes"] but not from the Torah itself. For most of these laws, the reason for them is known. [But for some of them there is some doubt. E.g. the laws of Mukza on Shabat. There is an argument as to the reason.]

In any case, most rishonim [mediaeval sages] hold when the reason for a law from the words of the sages no longer applies then the law itself is automatically null and void. [This is brought in Tosphot and in the Raavad in laws of Mamrim. There the discussion is about the first fruits that have to be brought to Jerusalem. The Raavad holds since the reason for that law no longer applies so the law no longer applies. 

You could apply this to marriage also. There is an argument if one is forbidden to marry someone from the Seven Canaanite nations or from all nations of idolatry. Since we do not hold from R Shimon Ben Yochai against the sages, so   לא דרשינן טעמא דקרא so only the seven nations are forbidden to the opinion of the Tur.  

 Okinawa should tell us a thing or two about the causalities that we could have expected in getting to mainland Japan. If 66 miles by 7 miles wide cost  95,000 Imperial Japanese Army troops and 20,195 Americans that were killed, then just dare to calculate what mainland Japan would have been like.

So the arguments against the American use of the Atom Bomb I think ignore the situation. Plus the arguments also ignore the issue of self defense. America was attacked --therefore it fought back as is the most basic human right of all--life.

And the demonstration is not a good argument since Japan was given a demonstration. That did not change anything. Then a second demonstration and that also changed nothing. Then the Russians invaded. And that is when the war cabinet assembled to discuss surrender. And even then there were not enough votes for a surrender until the emperor himself intervened and said that, "We are surrendering." [The military thought they still had a few aces up their sleeves--which is true. They had advanced airplanes in development. ] 

[The larger perspective here is this: The people entering this argument have a different purpose in mind. It is this. That whatever the USA does (or has done, or will do) is (was, and will be always) wrong. Their purpose is to disparage the USA at all costs. It does not matter what the subject is. It could be the American Indians or the Civil War or the Middle East. The one major principle of Leftist is always to disparage the USA.

 x41 G Major

Herem [חרם excommunication] of the Gra

 So why is it that the Herem [חרם excommunication] of the Gra is ignored? [That is his signature on the letter of excommunication.] I think it is because people do not realize that a herem is a regular halacha (law) based on nedarim נדרים (vows). The only question would be if a herem is made by someone qualified.  Clearly he was qualified. So it applies according to the strict law.

[Why do I say it comes from nedarim (vows). That is because I saw this in the commentaries on Laws of Shavuot and Nedarim.

So what is a neder (vow)? It is when someone says, "This loaf of bread is forbidden to you like a karban."(קרבן sacrifice brought in the Temple) If that loaf belongs to the speaker, then the neder [vow] is valid, and the other person can not eat from that loaf. אדם יכול לאסור את שלו. So in the case of the Gra,  the herem was valid, and anyone transgressing it even until today  transgresses a prohibition of the Torah.

Rav Nahman I believe was a great tzadik and not under the herem. However he does not seem to have been aware of its validity.   So while `I think the best idea is to be part of a straight Litvak yeshiva, I can see the importance of following the advice of Rav Nahman in the many areas that he touches on. [Rav Nahman himself said a prophet knows only what is revealed to him. He is not "all knowing". It is a mistake to think of any tzadik as impervious to mistake--even the greatest like Moses as we see in the Torah in the case of the waters of Meriva

SO in short there are two reasons to be careful about the herem of the Gra. One: it matters not if one agrees with it. It still has halachic validity. Two: is refers to objective reality.

. 

 Avraham Abulafia [the mystic from the Middle Ages I have mentioned before] had an approach צירוף אותיות combining the letters of the Divine names of God. His approach is brought at length in the Remak (Moshe of Cordoba) and Rav Chaim Vital.

There was a  debate because of his books of prophecy. That I imagine was too much to swallow for many people. But even the Chida (Rav Chaim David Azulai) brings him in Shem HaGedolim.  

[One thing I noticed was his sympathetic approach to Jesus but from what I can tell that was not the reason the Rashba was against him.]

Nachmanides asks in the first mishna in Ketuboth this. We know that if the husband comes to court and says he found his wife not to be a virgin we believe him until she brings proof that she was. [So she loses the Ketubah and also to one opinion the marriage itself is not valid. [It is like when you buy something and what you get were two different things. The whole deal is null in the first place.] ]

The Gemara says the reason is that the Ketubah is from the words of the scribes, not from the Torah. So if it would be from the Torah she would be believed? And he would need to bring proof? But why? In general when a document comes to court that has a condition stated in in it do not we usually say first show that the condition has been fulfilled and then we can deal with the document?

The Ramban [Nachmanides] says the reason she would be believed is there is a Hazaka and a Rov [prior status and a majority that most women are married as virgins.]

So we see a hazaka (status) alone would not be enough. Rav Shach shows why this is the case from Ketuboth 76. There is an exchange of an ass with a cow. The owner of the ass now get the cow. But when the owner of the cow goes to take possession of the ass he finds it dead. Rav Yehuda said in the name of  Shmuel the owner of the ass has to show it was alive at the time of the deal. Tosphot askes over there but why? The owner of the ass already has a hazaka (status) in the cow. [He has already taken possession,] So should not the other party have to bring the proof the ass was not alive at the time of the deal? Answer. It is only a Hazaka. That is not enough when we need clear proof, not just prior assumptions. So we see from this that Where you need proof a Hazaka (status) is not enough, but a hazaka (status) with a rov (majority) would be. [Why would the Rov help? I did not look into this enough yet. But I assume it comes from that Gemara in Ketuboth where you collect the Ketubah because she got married in a garment that is reserved for virgins. That is a Rov (majority).]