Translate

Powered By Blogger

5.3.20

In terms of the argument between Hai Gaon and the Rosh [R Asher] [In Rav Shach Laws of Marriage 19: law 19.] it seems to me that Hai Gaon must have been thinking about the fact that in the Gemara the law is Lots of land נכסים מרבים the boys inherit and they support the girls. A small amount of land all the profits [rent or fruit in farm land] goes to support the girls but if they sell, then the girls lose. The ambiguous thing here is what happens if they sell when there is lots of land?  The Rosh thought obviously it is the same thing. The girls lose. But Hai Gaon may have thought that the girls would get the proceeds of the sell even in the law of the Gemara--before we even get to the decree of the geonim that the Ketubah can be collected from movable property.

I mean the Rosh has a point that proceeds of a sell of an object is not usually thought to be in place of an object unless we would be talking about maasar Sheni or some kind of חלות קדושה


What I think here is that Hai Gaon must have thought that when the Gemara says if the boys sell when there is not much property that the sell is anyway valid that that does not exclude the girls from getting the proceeds of the sell--even from teh law of the Gemara itself

4.3.20

The way I see learning is that it ought to be divided half time for Physics and half for Gemara. And the way I see doing both is both "Iyun" [in depth and lots of review] and "Bekiut" [to say the words as fast as possible and to finish that book many times. At least four times.
Gemara we already know why to learn. It is a commandment. Learning Torah is not just a positive commandment but to not learn when one can is "bitul Torah" which is a sin. That means to say that even though one fulfills the command by a small amount of learning, but that does not allow one to stop learning if he is not required to do so for "parnasa" [making a living] of other reasons doing commandments that can not be done by others.
If fact Bitul Torah is a concept which is almost unknown.
The Physics is because of the Rishonim that hold it is part of learning Torah. [Ibn Pakuda [author of the Obligations of the Heart, the first Musar book] and others. This is an argument among Rishonim. However I think those that hold this way were the way to go in this subject.]





So my approach is not to emphasize Metaphysics even though the Rambam highly recommended the Metaphysics of Aristotle.  Nor is my approach to recommend learning Rav Avraham Abulafia, or the Ari [Isaac Luria]. Not even the books of the Gra, or Rav Nahman. All these have great ideas, but I do not consider them as something to spend time and effort on.
So I see them as what you would call "reading". That is: they are informative. But not something to be spending time and effort on. Rather,-- they are more for one's "down time." Not exactly to relax--but close.
Some things I just do not see as being all that informative or valuable.




3.3.20

conditions by which natural science can flourish

You see in most rishonim that learning natural science is a part of Torah. You see this in the Chovot Levavot and the Mishna Torah in the very first chapter that by learning the works of God one fulfills the first commandment to love God.

There are certain conditions by which natural science can flourish. There have been plenty of societies that had the exact same intelligence as Western European. But no where else did natural science flourish because the conditions for it to come into its own did not exist. 

Most societies never developed conditions where science was possible. And all human societies started at the same starting line.


2.3.20

My point about trust in God --since I did not make it clear before is that it is not the same thing as depending in the Divine Decree. For even if you hold by the Gra that you do not need any effort. And Like the מדריגת האדם madragat Haadam says  מכאן שאין אדם צריך לשום סיבה אלא מה שנגזר בשבילו יבוא בעצמו בלי שום סיבה כלל [from here we see that a person needs no cause, but rather what is decreed for him will come automatically without any cause whatsoever] still something happens with trust that does not happen without trust as many verses make clear.
There is a law brought in tractate Ketuboth concerning the support given to daughters in a Ketubah.
The argument is between Rav Hai Gaon and the Rosh.
You have the basic law brought in the  Mishna which is this. Girls do not inherit. However they do get support until a certain age. (i.e. 12.5). Boys inherit. But since one of the added things on the Ketubah is support for the girls, if the property is too small for both the boys to inherit and the girls, then the girls have a "shibud" [hold] in the property and it goes for their support. But if the boys sell it anyway the girls lose their rights. [That is to say the boys anyway owned it.]
Rav Hai Gaon [the last gaon] said after the decree of the geonim that a ketubah is also collected from movable property then in our case here the girls would also get support--even if the boys sold it.
The Rosh [Rabbainu Asher] says no. The reason Rav Shach explains is that the money is not "grabbed" or "Nitfas" as money that is exchange for Masar Sheni.  [Rav Shach in Laws of Marriage. Chapter 19. Law 19]

What the Rosh brings as a proof against Hai Geon is that Rav Asi said you know the boys also have a hand in the property even when it is too little for both because if they sell it is is valid. [That is the law in Rav Shach Laws of Marriage 19:19]. So there is no "התפסה" [the money is in place of the land]. The question the achronim bring on the Rosh is how is that Gemara about Rav Asi any proof about the law of the geonim? Rav Shach explains that law shows that there is no "התפסה" [the money is in place of the land].

That is you have a rule that money now is thought to be like land. So like the Ketuba could be collected from land and also the support of the daughters until 12 years old, so after the law of the geonim now all that can be collected from movable property. But you still do not get to the idea that  land that is sold that the money paid for the land would be in place of that land. That is what the Rosh means and the proof is even in the law of the Gemara when the girls get land, if that land is sold, that money is not in place of the land.

The basic decree was thus: In the Gemara only land can be used to pay a Ketubah. The Geonim established that movable objects or money.
 According to the law of the Gemara,  if the boys sold land that they inherited, the girls do not get support from the money of that transaction. And in fact they could even from the first sell that land because it is not in any way held by the girls. All that the Ketubah says is that the rents or fruit of the land they get, from that the girls must be supported until after the age of 12.5. But if they sell the land that money does not go to the girls. Also if there is only enough property to support the girls, and so the profits of the  property at that point should go to the girls, still if the boys sell the land the sell is valid and that money from the sell does not go to the girls. That is the straight law of the Gemara. But then after that the geonim said the ketubah and things mentioned in it can be collected not just from land but also movable property. So Rav Hai Gaon says that in that case if the boys sell the property they inherited the girls get supported from the proceeds of the sell.

The point of Hai Gaon is that the girls have no shibud but the boys support them by what is inherited. So the proceeds of the sell is considered to be in the category of what they inherited. The Rosh says that can not be so for there is no special decree that proceeds of a sell is thought to be in place of the object--in any case. As you see in the law about an oral loan that would be paid by by the orphans if the land is still in their possession  but not if they sold it. Also in the case of little property that normally would be used to support the girls but if sold the sell is valid and the girls lose. So in terms of the Gemara there is clearly no law that the money goes in place of a thing sold. It is gone and that is that. So if the Geonim would have made a special decree to change that well fine. But that was not the decree. It simply was movable objects also get collected in need be to pay for the Ketuba or its conditions like support for the girls. But that is what was inherited. Not proceeds of a sell of what they inherited.
[In short, Hai Gaon agreed there is no shibud. If there was then the girls could nullify the sell. But what he says is that even without shibud there is the idea that money is in place of the object. The Rosh says there would have had to be a express decree to that effect if it were so. For we see no such concept in the Gemara.









It is an odd thing about philosophy today that it seems to set itself against science.[See the Alan Sokol affair.]  As a philosophy student (Sandra Lehman) at Hebrew University once told me: "There is something about philosophy that deprives people of common sense."

Leonard Nelson [based on Kant ] was one of the very few philosophers that made it their business to respect their boundaries, and had a healthy respect for straight science. And in fact his program in philosophy was parallel to David Hilbert.


In Gottingen, the whole philosophy department was against the math and physics. Now on one hand Husserl was  smart. But that did not put him on the level of a David Hilbert.  Smart is one thing and genius is something else.

[I on the other hand have to add that this critique should not be applied to Hegel. Some have said about Hegel that he wanted to derive all science out of his dialectic, but as you can see in John Mctaggart that this is a misunderstanding of Hegel.]
[Or Modern Philosophy is all about words--as if that tells you anything!!]