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Old 03-23-2014, 11:30 AM
 
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Quote:
Originally Posted by Tikva View Post

I just don't understand how you could help someone perform a Mitzvah if they on a daily basis are the facilitator of other Jews breaking kashrut. Shouldn't you be rebuking this person if they sell trief to Jews?
That was exactly how the posek, who by the way was none other than the current Gadol Hador - Rav Chaim Kanievsky, wanted to rule. How can we possibly give our tacit stamp of approval to such anti Torah activity? But he decided to run the shaila by his esteemed father in law, the former Gadol Hador (top halachic decider in the Torah world), Rav Yosef Shalom Eliyashiv, ob'm. And the final psak ( halachic decision) was fascinating.
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Old 03-23-2014, 12:10 PM
 
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Rav Eliyashiv ruled that Reuven should give Shimon the mezuza, as we never find that a house in which sins are regularly done is exempt from mezuzah, and hopefully it will encourage the butcher to do teshuva.

In order words, being a sinner does not exempt one from the obligation to perform mitzvos.

In this case, two weeks after receiving the mezuza and placing it on his front door, Shimon stopped selling pork in his shop, and yes, Hiker now has to buy his bacon from a goy.
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Old 03-23-2014, 05:17 PM
 
Location: Oakland, CA
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If we forbid non-observant Jews from fulfilling mitzvot, then no one would ever become baalei teshuva (newly observant Jews), and kiruv (outreach to non-observant Jews) would not be possible. It would be a disaster.

Quote:
Originally Posted by theflipflop View Post
That was exactly how the posek, who by the way was none other than the current Gadol Hador
"THE Gadol Hador"*, as though there was only one? Sorry but we Jews are not Catholics. There are many learned Jews who are steeped in Torah wisdom but no one is the "Jewish Pope". He may be the top halachic decisor in your corner of the Orthodox Jewish world, but he is not the universal one. Are you aware of his psak (ruling) that anyone who owns an iPhone is pasul l'eidut? (ineligible to be a witness to a Jewish event)

*A "Gadol" (literally: Great One / Giant) is a rabbi/scholar famed and respected by the Jewish community for her or his giant knowledge of Torah. "Gadol hador" means "The generation's great one / giant", or one of the leading Torah scholars of a generation.
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Old 03-23-2014, 06:04 PM
 
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Thanks for providing the definitions, Usario. Very valuable.
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Old 06-01-2014, 04:38 PM
 
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Interesting question this week during our Friday night Halacha shiur at shul. Taken from an actual shaila that was given to Rav Yitzchok Zilberstein.

During the Shoa, there was a certain camp that had an all kids bunk in it. Each night, the twisted Germans would enter the bunk when all the kids were asleep and remove the yarmulke of one or two boys. The next morning at roll call, whichever boys did not have a yarmulke were taken to the gas chambers. The rest lived another day.

So one night, Reuven needed to use the facilities, and he couldn't find his yarmulke (not knowing it had been removed by a German a few hours earlier). Not wanting to walk daled amos without a head cover, as forbidden by the Torah, and also wanting to recite Asher Yatzar after using the restroom, Reuven barely thought much about grabbing Shimon's yarmulke, which was laying on the bed next to a sleeping Shimon.

After heading back to bed, Reuven forgot to return the yarmulke to Shimon, it's proper owner. Needless to say, Shimon did not have a yarmulke at roll call the next morning and was taken to his death. Reuven survived the war, and later learned of the practice the Germans had used in his bunk, and he realized that his actions had caused Shimon's death. He asked Rav Zilberstein the shaila: "do I have to do t'shuva for Shimon's death?"

What do you all think? Was Reuven obligated to do t'shuva?
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Old 06-01-2014, 05:12 PM
 
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I say no, and I don't believe the story. If anything, Reuven was obligated to do teshuva for keeping Shimon's yarmulka.
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Old 06-01-2014, 05:32 PM
 
Location: Eretz Yisrael
21,376 posts, read 24,137,102 times
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Quote:
Originally Posted by theflipflop View Post
Interesting question this week during our Friday night Halacha shiur at shul. Taken from an actual shaila that was given to Rav Yitzchok Zilberstein.

During the Shoa, there was a certain camp that had an all kids bunk in it. Each night, the twisted Germans would enter the bunk when all the kids were asleep and remove the yarmulke of one or two boys. The next morning at roll call, whichever boys did not have a yarmulke were taken to the gas chambers. The rest lived another day.

So one night, Reuven needed to use the facilities, and he couldn't find his yarmulke (not knowing it had been removed by a German a few hours earlier). Not wanting to walk daled amos without a head cover, as forbidden by the Torah, and also wanting to recite Asher Yatzar after using the restroom, Reuven barely thought much about grabbing Shimon's yarmulke, which was laying on the bed next to a sleeping Shimon.

After heading back to bed, Reuven forgot to return the yarmulke to Shimon, it's proper owner. Needless to say, Shimon did not have a yarmulke at roll call the next morning and was taken to his death. Reuven survived the war, and later learned of the practice the Germans had used in his bunk, and he realized that his actions had caused Shimon's death. He asked Rav Zilberstein the shaila: "do I have to do t'shuva for Shimon's death?"
Since Rav Yitzchok Zilberstein moved to Palestine before the Holocaust and would have been around 10 years old during it. How would be have a truthful knowledge of it since he wasn't there? And if one takes it a step further, none of the Rabbi's he studied under were there either. Since he was the legal authority on medical ethics, why would this question come to him in Israel (or his short time in Switzerland)?

And now the glossary:
shiur=lesson
shalia=question
shoa=holocaust
teshuva=repentance
daled amos= four cubits=two feet

By the way Jews did not wear kippas in the camps as all their clothing was taken away. They did were hats in some camps. But hey its a hypothetical question.

Last edited by Pruzhany; 06-01-2014 at 05:50 PM..
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Old 06-01-2014, 05:45 PM
 
Location: Eretz Yisrael
21,376 posts, read 24,137,102 times
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But here is another query to Rav Yitzchok Zilberstein:
Rabbi promotes 'modesty wounds' - Israel Jewish Scene, Ynetnews

What do you think since this one is on Ethics?
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Old 06-01-2014, 05:53 PM
 
Location: Eretz Yisrael
21,376 posts, read 24,137,102 times
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Quote:
Originally Posted by iwishiwerethin View Post
I say no, and I don't believe the story.
Hey, we finally agree on something.
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Old 06-01-2014, 09:26 PM
 
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Rav Zilberstein was asked the question in the 1980s, and the shaila is in a book of shailas and tshuvas we often learn from in shul. I'll get you the name if the book, if it's really important to you.

So I know the Rav at first wanted to say that Reuben was chaiv to do t'shuva. There is a Talmudic concept that no damages can be made hefger (ownerless), meaning damage must always be assessed. However in this situation, it's a life, not financial damages. So that wasn't the answer.
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