Ask Judea Torah Show 8

[judeanoncapta]

Thank you all for you great questions last week. I can't wait to see the new ones.

[Tzvi Ben Roshel1]

Hi, thanks for the great answers (from previous shows).
 
   Are their any Rabbis/ Talmidei Hachamim who know how to build the Temple correctly?
 Also what would you say about entering the area where the Kohen Gadol went in, is it allowed for construction purposes?

[Tzvi Ben Roshel1]

We know that their is a Mitzva to "guard ones soul" which is basically a Mitzva to live and not put oneself in needless danger and also to do what is necessary to live. My question is at which point should one be ready to and allowed to have oneself killed for the greater good, or to protect and save the lives of other Jews? (I'll give a few examples). For example lets say one is in the army and their is a situation where another (1)soldier's life is in danger are you allowed to sacrifice yourself knowing you will die and the other will live? - Or another situation- its either you or a group of soldiers, either you die and sacrifice yourself or they will die and you live. Also what if the other/others are NOT shomer Mitzvot particularly Shabb-t, is one allowed to sacrifice him/herself to save another or others who do not keep Mitzvot?

[Tzvi Ben Roshel1]

We see in the Chumash that the first redemption was accompanied by miracles (10 plagues, sea splitting, etc.), we are also told that the first redemption is a prototype of the final redemption (hint to what will happen). Also I think that Hazal talk about the final redemption being accompanied by miracles even greater then the first redemption. So my question is how can we call the simple fact of Jews going up to Israel as being Geula (at least the full Geula) where we havn't seen the promises fullfilled yett.  I understand it is an obligation, but how can we call it Geula (besides the literal translation).

[q_q_]

what is the definition of lashon harah?

I is purely nad talk about others?

I know there are cases where it's allowed? or is it that it is simply not called lashon harah?

for example, warning somebody that a person purporting to be teaching judaism is not teaching judaism. Or a rabbi like shmuley boteach that is teaching that judaism is for gentiles.

What are the exceptions, when it's not lashon hara?

[q_q_]

chaim has said that we shouldn't curse jews..

are there exceptions?

[q_q_]

there has been some discussion about the issue of teaching torha to christians.

I have read in the talmud bavli, a discussion about it being forbidden for gentiles to learn torah. I understand there is some disagreement, like all agree we can't teach them oral, but some say we can teach them written, and of them, some say only the portions relevant to them - opening parts of genesis.

which is right? are these all talmudic opinions, or are some later things people came up with?

There is a big question about this with the RAMBAM.
I am particularly puzzled about the RAMBAM's attitude. One web link which I shall quote, actually suggests that the RAMBAM changed his mind on the subject of teaching torah to christians.
As I understand it, The RAMBAM  and Rashi disagree on whether christianity is idolatry for gentiles. RAMBAM says it is.
And as I thought it was prohibited to teach torah to idolators. BUT, in a letter, we find that the RAMBAM permits teaching torah to christians, but not to muslims.


The web link says
"Virtually quoting the Talmud verbatim, Maimonides writes in Mishneh Torah: "A gentile who engages (oseq) in the study of the Torah deserves to die (hayyav meetah). He should not engage in the study of anything but their seven commandments alone."10 "
........
"So far, Maimonides is on very solid talmudic grounds.
However, in the enumeration of the mitsvot, which is the prelude to the books of Mishneh Torah, Maimonides writes: "He has commanded us to sanctify the name of G-d ... to proclaim (le-farsem) this true faith to the world."13 Here, of course, lies the "difficult Rambam." For how could one possibly proclaim this true faith to the world without teaching the Torah to the gentiles who inhabit this world?
"
......
"
Further, in a responsum on the very question of teaching the Torah to gentiles, Maimonides writes:

It is permitted (muttar) to teach the com-mandments to Christians (notsrim) and draw them to our law (datenu). But it is not permitted to teach anything from it to Muslims (yisma’elim) because it is known to you about their belief that this Torah [of ours] is not from G-d ... and if one can convince the Christians of the correct interpretation [of Scripture], it is possible (efshar) that they might return to what is good (she-yahzoru la-mutav).15
"

ref- web link
http://www.icjs.org/what/njsp/maimonides.html

[q_q_]

Given that you have heard the british accent, kamatz, cholam..
maybe you can explain this with that in mind.

I am not sure about the sephardi patach and kamatz gadol. Are both the same?  if so, is it (british) Cat  or  Thus/bus.

The sheva, in british accent, you've heard, but I didn't really correspond it with a word.  I don't think you've heard these words in a british accent, and I can't say for sure the key part is the same in the american accent. I suppose sheva - in my understanding - corresponds to british accent, abucus, burn.  And the french Le(as oppose to les). British accent-gallery(gah LUH ry), toilet(toi LUHt), LEarn, HErnia(HUR nia), curtain, Briton(bri TUHN). Like the Uh in Uch.
Like Homer's Dur.

Do you agree it is like that, and the same in ashkenazi and sephardi?

[Tzvi Ben Roshel1]

Can a Moser be killed without Beit Din's permission/approval?

[q_q_]

a religious relative said that jews should wear distinct clothing - he would wear black hat and coat...

He quoted a gemara that what makes a nation distinct, is language, clothing, something else.  But clothing is one of them.

So, he is dressing like all the other religious jews in his area, they should dress the same.

what's your response to that?

[Tzvi Ben Roshel1]

Is a Jew allowed to take another Jew to a non-Jewish court? (I believe you will say no). So my question is, do you (and Rav Bar Hayim) believe a Jew can take another Jew to court in the courts of modern day Israel?
 And also part B) What about if we assume that the courts are not leftists, and that they are 100% for taking over the land of Israel (so we can assume that we are talking about the original courts of the State of Israel). 

[q_q_]

I have heard that some Sefaradim don't wear kippot or have their heads covered, because it's just a custom and they don't keep it.

I guess that would be an example of a custom in the gemara not instituted by a bet din, right? what others are there = in the gemara, not instituted by a bet din?

do you think one should wear a head covering? why?

I know it has a reason, of reminding one that G-d is above.. But  - playing devils advocate, it's easy to come up with a reason to wear an item of clothing, and then say well, you have to wear this item. And you get customs that aren't important, are not derived.

are any customs important?

you seem to dispute the idea that custom is as strong as law.

[Kahane-Was-Right BT]

Dear Judea,

I sometimes read the articles on the blog called hirhurim by Rabbi Gil Student.  You might be aware of this rabbi or his site.   He made a somewhat famous and very informative refutation of all the lies often thrown at the Talmud by the neonazis.
  Some of the ideological leanings of the site do irk me though, but it's a good blog overall.   There was an article about the recent controversy over hiring non-Jewish workers to build up Jewish settelments on Shabbat.   Here is the link for anyone interested http://hirhurim.blogspot.com/2008/07/building-on-shabbos.html

   In the comment thread, the Talmud Yerushalmi was brought up.   Someone commented asking first, how can Rabbeinu Tam's opinion fit with that of the Talmud Yerushalmi?   He prefaced it by saying "The opinion that you can build a house on Shabbos with Amirah lenachri is the opinion of Rabbeinu Tam. However, many Rishonim pasken it is forbidden as the Yerushalmi paskens like RSB"E that you can't do any work related to karka."   I don't know what this means at all, could you explain it?  Then the commenter answers himself thus

 

I feel the answer is that it is a machlokes Bavli/Yerushalmi: The Bavli (Avodah Zarah 21b-22a) has machlokes: RSB"G says there is aris for a field, and RSB"E says there is not aris for a field. But in the Bavli we pasken like RSB"G, not like RSB"E. Therefore, R"T rejects the Yerushalmi because the Bavli argues on it.

I'm also not sure what all of that means, particularly "aris" or what the RSB's stand for, but I'm not sure the last part could be true in any case?  Is it really sufficient reason to reject a Yerushalmi position merely because "Bavli argues on it."   Wouldn't that be holding the Bavli as superior to Yerushalmi and isn't that mistaken?

A few people raised the issue about Yerushalmi vs. Bavli in the comments.  Later on, Rabbi Gil Student responded.  Someone had said "It's just a cop out to say, Well, Bavli disagrees."

The Rabbi says in response

The Rif at the end of Eruvin also says that we follow the Bavli over the Yerushalmi.

I agree that it is a cop out to not even try to understand the Bavli and Yerushalmi as agreeing. But sometimes it is just a disagreement. 

When I look at that quote of the Rif which I found online translated, it seems to me just a fancy way of stating Bavli supremacy over Yerushalmi.    And also I don't think the person was saying that they SHOULD be understood to agree.   Only if someone believes the Bavli is superior would they force a reading of the Yerushalmi to fit with Bavli's opinion, right?   But in any event, what do you make of that Rif commentary on Eruvin 104b.

I'll quote it for you here:  "“Since the sugya of our
Gemara (the Babylonian Talmud) permits it, it is of no concern to us that
the Gemara of the Inhabitants of the West forbids it, because we rely on our
Gemara since it is later in time, and they (the Sages in Babylonia) were more
versed in the Gemara of the Inhabitants of the West than we are. Were they not
convinced that this statement of the Gemara of the Inhabitants of the West is not
to be relied upon, they would not have permitted it.”   

-   essentially this is saying that Yerushalmi can't possibly mean what we think it means or can't possibly be saying what it appears to say because that disagrees with Bavli on the issue.   right?

One last thing, either you had said it or an article by Rabbi Bar Chayyim that I had read said this, but apparently there were some rabbis from an area near France that came to the land of Israel and sort of forced upon the inhabitants the Bavli which at that time was not used within Eretz Yisrael (Yerushalmi was used).   I read in Hakira - an online magazine from Flatbush - that it was due to the influence of the Rif that the 'supremacy' of the Bavli (like some of the commenters were arguing for) came about amongst a majority of Jews.  And they quoted specifically that passage from Eruvin cited by Rabbi Student in the comments as their footnote for this statement.     Did everyone adopt the Rif's opinion?   Is there room within the mesorah to disagree with this basic notion?  Any additional thoughts?     Thanks for your time, hope this wasn't too long.

[q_q_]

You once said that Rabbi Meir Kahane ztl hyd said about the israeli high court that it can't get any lower.

That statement is not in any kahane audios I have ever heard, and I heard them all.. And I saw any video about him on youtube or google video.

Where did he say it?

I ask because it's one I haven't heard and I'd like to hear/see it!  (or read it if he wrote it)

[Tzvi Ben Roshel1]

Can you talk about the different aspects of "Dina Malcuta Dina".
 (When will the show be made?)

[Kahane-Was-Right BT]

Dear Judea,

I have seen some people comment on various forums that Rabbi Eliyashiv is today's leading Torah sage and that his opinion on all matters is very weighty.   I don't know anything about the rabbi, but I know he is highly regarded by Orthodox Jews and especially haredim who might consider him the posek hador.  I was just wondering what exactly are the credentials that get a rabbi this kind of recognition.  I have read that in the olden days, to get into the yeshiva in pumbedisa, one had to be able to recite all of Shas from memory (or was that to become Rosh Yeshiva?  My memory is hazy on that).   I don't think we are on quite that level these days, but what about todays "gedolim" actually establishes them as "gedolim?"  Is there a set measure or minimum requirement?  And what in particular do you know about Rabbi Eliyashiv that makes him so impressive or stand out among other Torah sages?  Is the public privy to this kind of information?   Thank you.

[Tzvi Ben Roshel1]

I think it was you, or maybe someone else who mentioned that the 24,000 students of Rabbi Akiva who died, died in the rebellion and not through a plague. If it was you, or if you believe soo, do you have a source for this?

[Tzvi Ben Roshel1]

In one of the Ben Dov shiurim by your Rav if I remember correctly he said that having a state, even a bad one is better then not having one at all. I would like to ask, why is this necessarily so, if the kingdom is wicked and by giving it power it has influence (a negative one expecially) and affects the spirituality of Jews. For example if we dont look at the Askenazi population, or the population of the Jews from  U.S.S.R. (which is more complicated) and look specifically at the Sefardi population cant we say and see that the fact that the wicked controlled and were given power over the government of Israel and the education system, etc. that they had a very hugg negative impact on the Holiness of the Sefardi population? So how could it necessarily be that having a state no matter who is incharge is better then not having one at all?

[Tzvi Ben Roshel1]

What do you think about the issues of modesty. Do you think that many of the Haredim take it too far or the opposite, that even the way most religious girls dress is not modest enough?
 Also on that subject- include the issue of seperate buses in Israel etc.

[Tzvi Ben Roshel1]

From Machonshilo.org

 "The Torah specifically instructs us not to act in a divisive fashion; the Jews in a particular place should follow the same customs" says Rav Bar-Hayim. "This is the opinion of Rambam and other authorities who state that we should not have more than one beth din (religious court) or groups practicing different customs in the same city. This leads to a lack of societal cohesion."


    I understand your opinion of what their should be in Eretz Yisrael. But Bdiavad if Jews are not in Israel and are in America for example, what should they do? For example here in Queens their are Sefardim and Askenazim, which customs and rulings should be followed then? And if their is the establised beit din, and those who came first (Askenazim) should then Sefardim adapt their customs and rulings (which has actually happened in some cases).
 Also on the same subject,- and about who came first to an area- if this logic is correct then shouldn't Askenazim then adapt the rulings and customs of Sefardim since the community of Eretz Yisrael was first settled by Sefardim (Im referring to the Halachic authorities like Rabbi Yosef Caro.) And I think that Rav Ovadia Yosef, proposes this.

[muman613]

What do you think about the issues of modesty. Do you think that many of the Haredim take it too far or the opposite, that even the way most religious girls dress is not modest enough?
 Also on that subject- include the issue of seperate buses in Israel etc.

Tzvi,

Very interesting question. I am writing up a post on my blog regarding Daf Yomi Avodah Zarah 20b which discusses why it is aveirah to look at a woman. I hope to complete this soon and publish it.

muman613

Here is a link from DafYomi.co.il : http://www.dafyomi.co.il/azarah/insites/az-dt-20.htm

[Kahane-Was-Right BT]

Muman, you should ask a question for Judea that he will answer on his Torah show mp3.  (that's what this thread is about).   I'm sure you can come up with some very deep thoughtful questions....    Seems only one or two of the same people are asking all the questions this time.

I will probably edit this post later to turn this into my own question for Judea.