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31.5.13

Concerning Conversion to Judaism



The first thing to notice in the Rambam/Maimonides is that there are two operative levels of Gerut/conversion. The first is simply to become Jewish. For this one needs a lower level of conditions [an easier set of conditions].  The next and highest level is to be acceptable for marriage in the Jewish world.

Now the main and simple condition for the first level is something so simple it is amazing that few have ever noticed it. This simple condition is not on their radar because they do not agree that it is something that even exists. This condition is "ratzon" (desire) to be Jewish. The Rambam says:  The Torah was given to the Jewish people and to anyone who wants to accept it"

To give you an example of how simple this is take the case of a slave that a Jew buys from a gentile. The Halacha is that as they are getting ready to put him in the mikvah for the sake of being a Jewish slave, he jumps into the mikvah on his own in front of the people standing around and says he is going into the mikvah for the sake of being Jewish. He becomes automatically Jewish and he is obligated in all the mitzvot and he can no longer be owned as a slave. (That is the buyer loses his money because he can no longer own the labor of the fellow). We see here that the desire of the Beit din is not necessary to make someone Jewish. He becomes Jewish even against their desire. It depends only on his own desire.

However when we look into the Rambam about laws of marriage we find a whole more stringent set of conditions. There he needs  (accepting the mitzvot) in front of three judges.



On a side issue in terms of Conversion of Women. The Tosphot in Yevamot does allow the a case in which the woman goes to the mikvah on her own and the acceptance of the Mitzvot alone is in front of three judges. The Rambam however requires that the Mikvah also be in front of three judges. The way to do this is to get a lot of Styrofoam slices and put them over the mikvah, then the woman gets into the mikvah that is covered in Styrofoam and then the three judges come into the room. Then she dips herself totally under the water in front of them and they see the acceptable dipping but nothing else.

A further point here is that become Jewish is not dependent of the will of the judges or anyone at all except the actually person involved. Judges can’t make someone Jewish and they can’t unmake some from being Jewish.


One last point. There was an old tradition to accept converts and not make things hard for them as is customary today. I agree with this approach for several reasons. One is that it is the Halacha. The other is that apparently some people are afraid the convert is not "all that well put together." But so what? People  anyway have no problem throwing anyone they don't like out of their communities the instant that the person rubs them the wrong way.--Jew or Gentile. It is just that when it is a Jew that rubs them the wrong way they find lots of clever ways of disavowing that person's Jewishness. A good example is Sephardic communities. To Sephardim all Ashkenazim are not Jewish;--- period. They just go along with the act as long as it benefits them but when it comes to a crunch and the poor ashkenazic Jew is down and out on his luck the Sefardi simply says to himself, "Well, he is not really Jewish anyway, so why bother to help him?" [And for Sephardim, American Ashkenazim are in the general category of Amalek. 


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28.5.13

The Musar movement

I am looking a bit at Israel Salanter and Isaac Blazer. The Musar movement seems to have an idea of heteronomous authority. But that shouldn't be a surprise to me. This I think was the tendency of Torah thought for a long time, and I think that it was solidified by the Rambam who was going with Aristotle.
Once anyone is going with Aristotle they will have to end up with authority coming from outside of ones self. There is no absolute Form of the Good in Aristotle, so where else would authority comes from but divine command?

On the other hand, Divine command Theory has something going for it. The "self" itself is to Kant one example of a thing in itself, and we know that Schopenhauer considers the Will the be the absolute Ding an Sich. 



The Musar Movement. It looks to me they had some amazing insights.--especially about what they call negiot- rationalizations and excuses. This is a important insight. This is where the evil inclination is not buried like the Id. It is known and a person is doing what he knows to be wrong but he excuses it with negiot.  and rationalizations.

Is there a mitzvah to learn Torah to get a salary?



Is there a mitzvah to learn Torah to get a salary?

How would you go about thinking about this question logically?

At first sight it seems like the same question as "Is there a mitzvah to put on tefilin purely for the sake of money?" This seems simple. You simply divide the action from the intension. The intension is bad. You are not supposed to use the Holy Torah for money. But the action looks good.

But as we think deeper into this we can see that learning Torah is different. It is like the types of work on Sabbath that the intension is linked to the act. For example once who erases not in order to write has not done any work at all. It is not even a work done for a different intension. It simply is not work.

For it to be work it has to have the "on condition to write."

Same with Torah Learning. The Rambam says one who learns on condition to receive money has no mitzvah and loses his portion in the next world. That means the act itself has lost the category of a mitzvah and entered into the category of a sin of the most grievous type possible.

To see the opinion of Maimonides on this subject look into Pirkei Avot Chapter 4 Mishna 5 and in the laws of Talmud Torah. He could not have been clearer.

This helps us to understand the difference between people in authentic Lithuanian yeshivas that learn Torah for its own sake  as opposed to people that see in Torah an easy way to make money and scam people. 



Chaim Soloveichik and Shabat


Chaim Soloveichik and Shabat 
I can already begin to see the light with him. I am still in the middle of figuring him out concerning Sabbath but I think I can see where he is going. He looks at the second "Some say" in pesachim with the argument between Abyee and Rava about pleasure that comes to a person against their will.
The second "some say" holds straight down the board that to R. Shimon we consider intention alone. To R. Yehuda the basic idea is that he does not care about intention.

But however it works out in pesachim, we can see already that this might be a help to Reb Chaim. He would want Pesik Raisha to be forbidden to R. Yehuda even if it is against his will and permitted to R. Shimon.
The only thing left to Reb Chaim is to bridge the gap between Shabbat and other types of prohibitions. Stay tuned



[In plain English this all means that Reb Chaim has a ready made answer to answer the contradiction in the Rabam about piecing a boil on shabat. Once you consider it a work not intended that is pesik reish you answer the Rambam poskins like Shmuel in work not intended. But Reb Chaim still has to prove that R. Yehuda will disagree so that we will still have an an argument between him and R. Shimon in Keritut.]

24.5.13

Is there a mitzvah to learn Torah to get a salary?(Or, on the other hand is there a mitzvah to learn Torah not for money, and in fact to receive no money from doing so?)


Is there a mitzvah to learn Torah to get a salary?
How would you go about thinking about this question logically?
At first sight it seems like the same question as "Is there a mitzvah to put on tefilin purely for the sake of money?" This seems simple. You simply divide the action from the intention. The intension is bad. You are not supposed to use the Holy Torah for money. But the action looks good.
B

But as we think deeper into this we can see that learning Torah is different. It is like the types of work on Sabbath that the intension is linked to the act. For example once who erases not in order to write has not done any work at all. It is not even a work done for a different intension. It simply is not work.
For it to be work it has to have the "on condition to write."
Same with Torah Learning The Rambam says one who learns on condition to receive money has no mitzvah and loses his portion in the next world. That means the act itself has lost the category of a mitzvah and entered into the category of a sin of the most grievous type.

To see the opinion of Maimonides on this subject look into Pirkei Avot Chapter 4  and in the laws of Talmud Torah. He could not have been clearer.


22.5.13

Sometimes parents hear things like this: "Nobody can tell me what to believe ...".It seems that this might be a claim: "No one has the moral right to tell me what to believe."

Sometimes parents hear things like this:  "Nobody can tell me what to do or believe ..."
What exactly is this a defense against? It seems that it might be claiming one of the following:
1. No one can force me to believe something I don't want to believe.
2. No one has the moral right to tell me what to believe.
3. No one has the intellectual right to tell me what to believe.

1. Well, no one can force you to believe something -- true enough. But what exactly does this mean? Perhaps it says something like this: No matter how strongly someone else believes that I'm wrong, that will not cause me to believe otherwise.
 I can imagine cases in which this strength of will might be noble, even heroic. Saints and martyrs come to mind. But small children also come to mind, and inexperienced adolescents, and stubborn husbands. In other words, this trait might be a virtue, but it might be a vice, too. And so by itself, it does not recommend itself as a strategy.

2. On the face of it, it is not obvious that NO ONE has the moral right to tell me what to do. I can imagine a young cashier with sticky fingers, and his boss or colleague or parent reprimanding him. I can imagine a Colonel in the army lecturing a cocky new Lieutenant on the issue of courage. The Colonel has been there, done that, seen more, and faced more, and would seem to have the moral right to tell the Lieutenant what to think and how to act. I can imagine a seasoned teacher lecturing a younger teacher on the virtues of being patient with students, or on being overly easy in grading. And so, it seems that this claim needs to be justified.

3. This is the weakest position, and can't withstand even the slightest scrutiny. All you have to do is to imagine the relationship between someone who is bright and inexperienced in something, and someone who is bright and experienced in that same thing. The latter does have the intellectual right to tell the other what to believe -- at least in some situations. Indeed, it is one of the most maddening things to have someone who makes unjustified and false claims about something about which you know well. Yes ... you DO have an intellectual right to correct him.

So, it seems that the claim that "nobody can tell me what to believe" is simply not true, or at least if it is true, it has to be justified and defended. It is certainly not obviously true.

(This doesn't even touch upon the issue of social implication. Once my beliefs and actions effect other people, they no longer belong to just me -- they are public. They automatically open themselves up to public scrutiny, and I do not have the same proprietary rights to them that I had when they effected only me.)

21.5.13

All humans need to make decisions concerning the right thing to do. Most humans want to do what is good. It is good to do the right thing. Often knowing what is the right thing to do, knowing what is right, and knowing what is good is not all that easy. Answers to the questions, "What is the right thing to do?" and "What is the good ?" aren't obvious to many or universally agreed upon. Yet, humans need answers to these questions. Situations requiring moral deliberation and ethical principles.

1. "Well, it's true for me ...."
Many students have a difficult time seeing a distinction between the following two statements:

a. It's true.
b. It's true for me.

But there IS a difference, and it is important to see the difference, and most people see the difference when it comes to things like mathematics, science, accounting, engineering, law, etc.

Here's the question: What does "for me" add to "It's true"? What I mean is, why would anyone say "It's true for me"? Let's say, for example, your favorite physics teacher asks you to tell her what the rate of fall is for a body located approximately at the surface of the Earth. Let's say that you are a student of physics and know with more certainty than that Bush is president, that bodies fall at 9.4 meters per second per second. If you write on your exam that bodies fall at 9.4 mXsec2, your instructor would put an annoying red "X" next to your answer.

"But wait a darn minute, there, ma'am: it's true for me that bodies fall at 9.4 mXsec2!"





Examples of situations requiring moral deliberation and ethical principles.
Question 1: A friend of yours wants you to join his club and sponsors you for membership. Being a member of this club will greatly enhance your career plans. However, once you are inducted, you realize that there is an unwritten rule that no baal teshuvas [newly religious] are allowed membership.

Question 2: You meet some friends at a shabat meal and find yourself seated beside a rather attractive person. During the course of the evening, you have an enjoyable conversation and you promise to call that person to set up a date. When the person gets up to leave, you suddenly realize that he/she is physically handicapped.
Do you still call for the date?
Question 3: You have just earned a degree in Chemistry. Your best job offer comes from a laboratory that does experiments in chemical warfare. You do not agree with this practice, but you also realize that if you turn down the job, they will hire someone else who might do the job 'too well'.
Do You take the Job?
Question 5: You have been friends with a couple for several years. Now they are involved in a messy divorce and child custody battle. One of them asks you to testify on his/her behalf.
Do you agree to testify?

Question 6: When checking your mailbox one day, you discover a letter addressed to you from a legal firm in Florida. Inside is a letter explaining that you have been identified as a herd owner in a cattle farm that is now in receivership in the state of Florida. The letter further informs you that now that all accounts with creditors have been settled, the remaining proceeds from the sale of the herd are to be distributed among the shareholders. Enclosed is a check, made out to you, for a substantial amount of money. You know that you are not the person for whom this check is intended, since you have never invested in cattle or anything else. Upon reading the letter further, you discover that the funds due any unidentified herdowner will revert to the state of Florida after the passage of 7 years. It has now been 6.5 years since the cattle were sold. This means if you send the check back the money will most likely go to the state.
Do you cash the check?

Question 7: A close friend of yours comes to you and reveals that she is pregnant. Her partner does not know yet, and she is extremely upset. "This is just not the time to have a baby" she says, "I'm thinking of having an abortion, but I'm not sure if it is the right thing to do." She assures you that she and her partner tried to prevent becoming pregnant, but that it obviously did not work.
What would you tell her to do ?

Question 8: You're a West Point cadet bound by a strict honor code. You witness another cadet, who is also a friend, cheating on a test.
Do you turn them in?

An example will help illustrate the function of these principles in an applied ethical discussion. In 1982, a couple from Bloomington, Indiana gave birth to a baby with severe mental and physical disabilities. Among other complications, the infant, known as Baby Doe, had its stomach disconnected from its throat and was thus unable to receive nourishment. Although this stomach deformity was correctable through surgery, the couple did not want to raise a severely disabled child and therefore chose to deny surgery, food, and water for the infant. Local courts supported the parents’ decision, and six days later Baby Doe died. Should corrective surgery have been performed for Baby Doe? Arguments in favor of corrective surgery derive from the infant’s right to life and the principle of paternalism which stipulates that we should pursue the best interests of others when they are incapable of doing so themselves. Arguments against corrective surgery derive from the personal and social disbenefit which would result from such surgery. If Baby Doe survived, its quality of life would have been poor and in any case it probably would have died at an early age. Also, from the parent’s perspective, Baby Doe’s survival would have been a significant emotional and financial burden. When examining both sides of the issue, the parents and the courts concluded that the arguments against surgery were stronger than the arguments for surgery. First, foregoing surgery appeared to be in the best interests of the infant, given the poor quality of life it would endure. Second, the status of Baby Doe’s right to life was not clear given the severity of the infant’s mental impairment. For, to possess moral rights, it takes more than merely having a human body: certain cognitive functions must also be present. The issue here involves what is often referred to as moral personhood, and is central to many applied ethical discussions.

Not all moral questions are dilemmas. Most are not. It is just that moral philosophy has tended to concentrate on moral dilemmas because there is an underlying assumption in Western countries about the basic principles of Judaic-Christian morality.