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24.7.12

I want to mention here a thought I had about the Talmud

I want to mention here a thought I had about the Talmud Bava Metzia. Actually I would prefer to write this in Hebrew first but I can't do that right now so. So here it is in English.
I basically want to say that there is an argument between Rashi and Tosphot on Bava Metzia page 61a [first Tosphot on the page] and that I think it comes out a draw between them. The reason is that Rashi can explain Ravina better but Tosphot can answer the question, "Why do you need a verse for the lender?" [The verse for the lender in in Leviticus] Perhaps in this case it would be easier to start with toshot because he is a lot more simple than Rashi. To Tophot: you know interest for money and food by the words "Don't take interest for money and food" [lo tashich]. Simple. Then there is an extra word "interest" that you don't need. So you use it for increase (ribit). Then there is another extra word "interest" that you don't need. So you use it for a gezara shava from the borrower to the lender.
So far so good. But then you could ask on Tosphot, "You have only one word for learning to increase. So how do we know that it applies to both money and food?" The answer is elegant. Because this is why Tophot made sure to emphasize that the gezra shava is open at both ends. So that you learn increase in money from the borrower to the lender and increase in food from the lender to the borrower.
So Tosphot comes out perfect as usual. No surprise here.
The question is with Rashi. In spite of the fact that the Maharsha says that Rashi and Tosphot do not disagree in the conclusion of the Braita-- clearly they do. Rashi uses both words interest [neshach] for ribit. [The Maharsha means Rashi does agree with Tosphot that "lo tashich" was enough to tell us interest]. So to Rashi, I ask, why do you need any verse for the lender besides just saying to the lender "Don't take interest." Why do you need to go on to mention increase in food and interest in money for if you learn everything from the lender?

But I started this essay saying that Rashi and Topshot is a draw, because Rashi can explain Ravina. Ravina says you don't need the gezera shava and learns out everything for the lender from the verse about the lender. This is fine if there is no extra word. But if one extra word exists-- interest by the borrowers--as it does for Tosphot, then how can Ravina disagree with it?

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בבא מציעא ס''א ע''א

I basically want to say that there is an argument between רש''י and תוספות on בבא מציעא ס''א ע''א,  first תוספות on the page, and that I think it comes out a draw between them. The reason is that רש''י can explain רבינא better but תוספות can answer the question, "Why do you need a verse for the מלווה?" The פסוק for the מלווה in in ויקרא .Perhaps in this case it would be easier to start with תוספות because he is a lot more simple than רש''י. To תוספות: you know נשך for כסף and אוכל by the words "Don't take ריבית for money and food" [לא תשיך].  Then there is an extra word "ריבית" that you don't need. So you use it for ריבית. Then there is another extra word "נשך" that you don't need. So you use it for a גזרה שווה from the לווה to the מלווה.
So far so good. But then you could ask on תוספות, "You have only one word for learning to ריבית. So how do we know that it applies to both כסף  and אוכל?"  Because this is why תוספות made sure to emphasize that the גזרה שווה is open at both ends. So that you learn ריבית in money from the borrower to the lender and ריבית in food from the lender to the borrower.
So תוספות comes out perfect as usual. No surprise here.
The question is with .  רש''י . We have רש''י that uses both words  נשך for ריבית. . So to רש''י I ask, why do you need any פסוק for the מלווה besides just saying to the מלווה "Don't take ריבית." Why do you need to go on to mention ריבית in אוכל and נשך in כסף for if you learn everything from the מלווה?

  רש''י can explain רבינא. We have that רבינא says you don't need the גזרה שווה and learns out everything for the מלווה from the verse about the מלווה. This is fine if there is no extra word. But if one extra word exists "ריבית" by the לווה as it does for תוספות, then how can רבינא disagree with it?


בבא מציעא ס''א ע''א

יש ויכוח בין רש''י ואת תוספות על בבא מציעא ס''א ע''א, תוספות הראשון בדף. רש''י יכול להסביר רבינא טוב אבל תוספות יכול לענות על השאלה, "למה אתה צריך פסוק עבור המלווה?" הפסוק עבור המלווה הוא  בויקרא. להערכת תוספות אתה יודע נשך עבור כסף ואוכל על ידי המילים "אל תיקח ריבית עבור כסף ומזון" לא תשיך. אז יש מילה נוספת "ריבית"  שאתה לא צריך. אז אתה משתמש בו עבור ריבית. ואז יש עוד מילה אחת מיותרת "נשך" שאתה לא צריך. אז אתה משתמש בו עבור גזרה שווה מן הלווה אל המלווה.
 אבל אז אתה יכול לשאול על תוספות, "יש לך רק מילה אחת ללימוד ריבית. אז איך אנחנו יודעים שזה חל על הכסף ואוכל?" בגלל זה הוא מדוע תוספות טרחה להדגיש כי הגזרה השווה פתוחה בשני קצותיו. אז יש לך ללמוד ריבית בכסף מהלווה למלווה וריבית במזון מן המלווה ללווה.
השאלה היא עם רש''י. יש לנו את שרש''י משתמש  במילת נשך עבור ריבית. אז  לרש''י למה אתה צריך כל פסוק עבור מלווה לבד. רק תאמר אל מלווה "אל תיקח ריבית." למה אתה צריך ללכת על להזכיר הריבית באוכל ונשך בכסף  אם אתה לומד כל דבר מן המלווה?

  רש''י יכול להסביר רבינא. יש לנו את זה שרבינא אומר שאתה לא צריך את הגזרה השווה ולומד את הכל עבור המלווה מהפסוק של המלווה. זה בסדר אם אין מילה אחת מיותרת. אבל אם מילה נוספת קיימת כזו "ריבית" על  ללווה אז איך זה יכול להיות שרבינא לא מסכים עם זה.








21.7.12

the movement that does everything according to the rulings of Eliyahu from Vilnius known as the Villna Geon.)

Rav Zilverman (the movement that does everything according to the rulings of Eliyahu from Vilnius known as the Villna Geon.) was invited to join the newest lunatic Sanhedrin. 

Rav Elyashiv said, "No." So you see a little sane leadership is a good thing. I am sure there must have been other good things. It seems to me that the Litvaks (Lithuanian type of Jews) do learn Torah. OK maybe not as much as I would like--but neither do I learn as much as I would like. Basically it seems to me Rav Elyashiv was a kosher leader, even if there are specific areas I disagree with him--like the issue of IDF.
Rav Zilverman also asked me what I thought of it. I said a short answer but it was based on the fact that the Rambam says to make a Sanhedrin you need to gather all the wise of Israel and they confer semicha (ordination) on someone to start a new semicha. So my answer was short and simple, "First they need to be wise." {The implication is that I was saying they are a bunch of idiots so he should not join them.}
The nice thing about basic Lithuanian type of Judaism is that it is authentic. 

19.7.12

Soviet Socialist States of America

If we consider government to be a kind of messenger  as the Rashbam  רשב''ם says in Bava Batra, then certainly it would be null and void if the person does not keep his word. [note 1] This in fact gives me great doubt about the validity of the American government at present. What makes it worse is not the lies of the politicians, but the very nullification of the American Constitution. The government found a way to overcome the problem of division of powers that was supposed to limit government. They decided they would all act as one monolithic body. So it has became a government against the people, not for the people. [That was just step one. Then the media became an arm of government against the people.]
In John Locke's Two Treaties of Government, we find a clarification of when it is morally permissible to make a revolution and overturn the government. Based on those two treatises, I would have to say that the American government is long overdue for a revolution. There is unbelievable abuse of power. The government assumes everyone and everything belongs to it, your money, your children, your body. According to the American government, you never accomplished a damn thing in your entire life. Anything good you ever did is because of an African president, the Savior. It has become the Soviet Socialist States of America. [I admit here the word "soviet" might not be proper. That would be an insult to the USSR. There are really no "soviets" per say --advisory bodies that I know of.  A better way of saying this is, The Union of Socialist States of America.

The system of comprehensive government planning of economic affairs in America creating tyranny. With all production, employment, and distribution of output completely under the control of the State, the fate and fortune of every individual is at the mercy of the Black House.

[note 1] See Bava Metzia and Gitin for details. The main idea here is that when you appoint a messenger to do something, and he changes from what he was told, the messenger-ship is void. That is: let's says he was appointed to do kidushin [קידושין] (marriage) of a woman in a certain place for the sake of a friend, and he did it in a different place, then the kidushin (marriage) is null and void. The Rashbam explains the authority of government comes from messenger-ship in his comment on the law of the country is the law. (In  tractate Bava Batra) John Locke said the same thing in his most famous book Two Treaties of Government. In spite of the cool temper of John Locke and the seemingly innocuous title of the book, it is a recipe for revolution when a government abuses its power as is the case in the USA


The question of an electric light on Shabat

The question of an electric light on Shabat.


While it does look clear that an electric light that produces heat would be forbidden by the Torah according to the Rambam, it is hard to see why building/ (בניין) would apply to electricity. (And the Rambam seems to be a minority opinion here. Besides that why is not then a glass you use to focus sun rays also forbidden. And we know it is not except derabanan.) We do find that putting together a bed or menorah in a way that it could not be taken apart except by an artisan would be forbidden because of tikun mana תיקון מנא, but it is hard to see why electricity would be like that. The way the Chazon Ish understood the idea (closing a circuit) can perhaps be squeezed into the the Gemara. But it is not general way that binyan בנין or tikun mana תיקון מנא were understood by the commentaries on the Shulchan Aruch.
[The reason I always put binyan/building (בניין) and tikun mana/תיקון מנא fixing a vessel together is that the Gemara says they are the same work melacha except that one is for something attached to the ground and the other is not]
I heard from Rav Nelkenbaum (at Mir N.Y.) that he heard from a great man אדם גדול that the Chazon Ish does not actually fit into the Gemara. This might be true, but  I have not heard why.
To me it seems like the Chazon Ish went to great length to show how his idea of building/ binyan could be fit into the Gemara.---the bed and menorah are not possible to use until they are finished. The electric circuit is not finished until it is lit. In theory this seems to work.  The problem is: How does you understand electricity? Is it like water you pour from a tea pot? Or is it a part of the tea pot? I mean the teapot is useless until you pour water into it and then pour it out. Is now it forbidden to open the lid and pour out the tea?
But I admit that the Chazon Ish is an impressive book.

There are some interesting side topics here like a Rambam in laws of vessels  and the end of chapter 9 in Bava Metzia. But they don't change the law

I asked Reb Nelkenbaum to tell me the name of that "great man" but he refused to tell me. And I think he probably would not tell anyone else either because I think he was sworn to secrecy.
So if anyone has the time the only thing to do now is to open up that Chazon Ish and try to get to the bottom of this.
 I saw once that Rav Elizer Menachem Shach had a piece on this in his book the Avi Ezri. And that would be worthwhile looking at. I seem to remember his basing himself on the Rambam. This was about twenty years ago I glanced at it while at the Mirrer Yeshiva.  I think he was concentrating on the Rambam about any heat producing process in terms of making coals.

I think in the long run the reason I am thinking that electricity is OK is the Gemara at the end of chapter 3 in Shabat: about cooking stuff on hot pavement  (or perhaps with a magnifying glass) תולדות החמה. To me that seems to indicate that any heat producing process is  not the same thing as fire.
I think the Chazon Ish realized how absurd it is to think any heat producing process is fire. So he went in another direction-building בניין. And he was thinking that he could get a lot farther with building than he could with just fixing a vessel because building even less than an atom is still liableבנין בכל שהוא חייב . It is probably that distinction between building and fixing that the Chazon Ish is trying to use to get to his idea of forbidding electricity.

As far as what Rav Shach mentions in the Avi Ezri about coals-- clearly the Rambam that he brings there is going like Rabbi Yehudah that a מלאכה שאינה צריכה לגופה is liable. But we don't follow this ruling. We go by the idea that מלאכה שאינה צריכה לגופה is not liable. [In any case the whole issue of coals is from fire, not תולדות החמה or any other kind of heat making process.]

So there it is. Maybe someone will come up with some other reason to forbid it. But the reasons that have been given are ridiculous. בורר might be the next suggestion. One is choosing the good electrons from the bad ones by means of a vessel. So it is like choosing the good from the bad with a vessel which is liable from the Torah. But if someone wants to use this idea it might take another few hundred years to show why it is not correct.

I should add that the idea of keeping the Torah strictly is a good idea. Even a great idea. But it is not a good idea to make up prohibitions out of thin air. It is better to keep what the Torah says without adding prohibitions or subtracting them. There is in fact a prohibition in the Torah not to add prohibitions. It is called "לא תוסיף" "Don't add."

Instead of making up prohibitions my suggestion is to be strict about keeping the Ten Commandments.

 אור החשמל ביום שבת. השאלה של אור חשמל ביום שבת. למרות שזה נראה כי אור החשמל שמייצר חום יהיה אסור מן התורה על פי רמב''ם, קשה לראות מדוע בניין יחול על חשמל. ואת  רמב''ם נראה כדעת מיעוט כאן. חוץ מזה,  זכוכית  שאתה משתמש בה למקד קרני השמש גם תהיה אסורה. ואנחנו יודעים שזה אסור רק דרבנן. אנחנו מוצאים להרכיב מיטה או מנורה בצורה כזו שהיא לא יכולה להיות מפורקת למעט ידי אומן ייאסר בגלל תיקון מנא, אבל זה קשה לראות מדוע חשמל יהיה ככה. האופן שבו החזון איש הבין את הרעיון, סגירת מעגל, יכול אולי להידחק בגמרא. אבל זה לא האופן הכללי  שבניין או תיקון מנא הובנו על ידי הראשונים. הסיבה ששמתי בניין ותיקון מנא (תיקון כלי) יחד היא כי הגמרא אומרת שהם זהים, הם אותה מלאכה, פרט לעובדה שהאחד הוא במשהו מחובר לאדמה והשני לא. לי נראה שהחזון איש הלך באריכות כדי להראות עד כמה הרעיון שלו של הבניין יכול להיות מתיאם לגמרא. המיטה והמנורה הם לא ניתנו להשתמש עד שהעבודה הסתיימה. המעגל החשמלי לא נגמר עד שמדליקים. בתיאוריה זה נראה נכון. הבעיה היא: איך אתה באמת מבין בו חשמל? האם זה כמו מים שמוזג מקנקן תה? או שזה חלק של הסיר של תה? כוונתי שהקנקן הוא חסר תועלת עד שאתה לשופך את התה מתוכו לכוס. האם עכשיו זה אסור לפתוח את המכסה לצוק את התה? ישנם כמה נושאים צדדים מעניין זה כמו רמב''ם בהלכות טומאת כלים ועוד בסוף פרק תשעה בבבא מציעא. אבל הם לא משנים את החוק. אני חושב כי חשמל הוא מותר בגלל הגמרא בסוף הפרק השלישי בשבת: על בישול דברים על מדרכות לוהטות, או אולי עם זכוכית מגדלת שהם תולדות החמה. לי זה נראה בבירור כי כל תהליך ייצור חום הוא לא אותו דבר כמו אש. אני חושב שהחזון איש הבין עד כמה אבסורדי זה לחשוב כל תהליך ייצור חום הוא אש. אז הוא הלך בכיוון אחר, בניית בניין. והוא חשב שהוא יכול לקבל יותר עם בניין ממה שהוא יכול עם תיקון כלי מכיוון שבנייה אפילו פחות מאטום הוא עדיין  בנין בכל שהוא שחייב. זה כנראה ההבחנה בין בנייה ותיקון מנא שהחזון איש מנסה להשתמש בה כדי להגיע למושג לאסור חשמל. ככל מה רב שך מזכיר גחלים ברמב''ם, ברור שהרמב''ם הולך כמו ר.יהודה כי מלאכה שאינה צריכה לגופה חייב. אבל אנחנו לא הולכים לפי פסיקה זו. הולכים לפי הדין מלאכה שאינה צריכה לגופה אינה חייבת. בכל מקרה את כל נושא גחלים הוא מאש, לא תולדות החמה או כל סוג אחר של תהליך קבלת חום

18.7.12

In one story of Nachman there is a utopia. But there is this evil king from a foreign country that wants to destroy that utopia. So he sends in his slaves to ruin it. This they do by immigrating into the country and then then they bring it down it moral level by vulgar talk and suing people all the time. By this method, the foreign king thinks he will be able to conquer and destroy utopia. If this story is not a direct prediction of what is happening to America then I don't know what else it could be.It was said circa 1800

One of my great heroes is Socrates.
I had a few comments about Socrates. In his creation of the ideal state, he puts learning Mathematics (in his day this included Geometry in two and three dimensions and Arithmetic) in the list of things his future leaders should learn. The reason is he see this as means of connecting ones soul to the world of truth and unchanging substances. Gymnastics and music are also there. But he is careful about what specific music he wants his future leaders to learn. This many people find offensive. Socrates is a censor of music and literature.

If you look at his state and the state of utopia that Nachman describes in his thirteen stories, you can see a similar thread. Neither want people in the state that will bring down the morality of the people.
In one story of  Nachman there is a utopia. But there is this evil king from a foreign country that wants to destroy that utopia. So he sends in his slaves to ruin it. This they do by immigrating into the country and then then they bring it down it moral level by vulgar talk and suing people all the time. By this method, the foreign king thinks he will be able to conquer and destroy utopia. If this story is not a direct prediction of what is happening to America, then I don't know what else it could be. How much simpler  Nachman could have said it?

Despite differences between  Nachman and Socrates I consider both to be valuable sources of information. This I base on an idea that in life it is important to find out, "Who is wise?"(who knows what they are talking about versus who is faking it.) I assume that my own wisdom is limited in street wisdom and in other areas. So I think it is important to find a criteria for "who knows what they are talking about ?" After that that I will listen to what they have to say. And it will not bother me if there are disagreements between wise people. (I assume there have to be disagreements between wise people.) But the main thing is to avoid the non-wise and especially to avoid the non-wise that pretend to be wise.
Liberals often that is they construct some fantasy meta-reality where the data might be acknowledged, but its significance is spun in weird ways. They have no need to fear or deny data because they have no intention of letting it rock their world-views.
Liberals deny social phenomena, using buzzwords like "blaming the victim," "false consciousness," or "correlation is not causation." And they believe that, since some stupid people are conservative, liberals, by definition, cannot be stupid. This does not follow.

16.7.12

in praise of Capitalism:For me Socialism and slavery have no satisfactions, no matter how well disguised.

Socialized medicine. Contra Socialism and in praise of Capitalism.

A professor in the university in Uman in Ukraine knew that most people do what ever they can to go to a clinic in Kiev for gynecology. [The reason is that most doctors in the USSR were competent for external things. But when it comes to internal things like operations they simply were not very meticulous. It so happened that the head gynecologist in Uman was a acquaintance of this professor. So he did not want to insult his feelings and let him take care of the case of his daughter. she was pregnant. But she was thin and there was some type of problem I did not exactly understand. at any rate the gynecologist operated on the daughter and she lost her baby and the ability to ever have children.
[2] The wife of another fellow--her water broke. But it was towards the evening so the hospital shift did not want to deal with it until the next day so they gave the woman drugs to stop her from having contractions. But they gave too much so two days later (after the water had broken) they gave her more drugs to start the contractions!!! Oy VEH!!
[3] This is not a horror story but a simple statement of fact why a leading doctor in a hospital close to Uman--(a regional hospital that dealt with newly born children from zero to six months) simply refused the job of head of the hospital. Not because it deals with money and management--but rather because it deals with having to come up with new schemes how to make money by fraud and scams.

I have two acid tests to decide if any system is just. First I ask what is its concept of utopia. Next I ask what is its concept of human nature. I assume when given power they will act on their assumptions.

I start with the assumption of Socrates that people are different and that the essence of a just society is for people to mind their own business and to do what they are good at.

I have two acid tests to decide if any system is just. First I ask, "What is its concept of Utopia?" If its concept of Utopia is to murder millions of Jews and Christians, then I assume it is not just. I don't ask if they say they will do it- because some probably don't really know, and if the system demands murder, then there will always be found people more than willing to do. So I just look at what is their idea of an ideal society, and if this is it, then I assume when given power, they will act on their assumptions. I think the twentieth century has given us plenty of experience that it is dangerous to ignore what people say they will do.






The next test is to see what is their idea of nature --or human nature and the state of nature. If it is that  some elite group is good and everyone else are created to serve them, then I assume there is something a bit off in their world view. [Unless there is evidence to support their view. See the book the Bell Curve. I.e. statistical evidence can be use to show some group  is intellectually superior and or less prone to crime] And I look at their deeds to see if this is really what they believe and act on. If their actions contradicts their words, then I assume the actions are what shows what they are  thinking.
So though the Talmud is a source of value and information, it is not the only source. And people that claim that it is do not actually believe it. What they know is they have comfortable existence which they gained by convincing naive Reform Jews to support them and they don't want their comfortable existence threatened. Truth and Justice has nothing to do with anything in their minds.
If you claim to have an ethical system then one must look at the consequences of the system and see if they seem right.

To give an example [which I picked up from professor Bryan Caplan], the French economist Frederic Bastiat noted that many people thought that labor-saving machinery was bad because it destroyed jobs. He suggested that it would therefore be a wise policy to destroy all machinery, and thereby create even more jobs. See how this works. We have an axiom and a conclusion. The conclusion no one accepts. Therefore the axiom must be wrong.
Starting with a decent axiom is important.
Sure, you can be "logical" in reasoning clearly from utterly misled premises (cf. Thomas Aquinas, or even Isaac Newton's writings on theology, etc.), but don't  tell me there's any value in that except as an academic "practice exercise"? It doesn't count in real, reality-tested life. And it sure doesn't count as being a "rational human being" when the most-cherished ideas, upon which one builds his psychologist world-view, are derived from fairy tales and Grecian myths.