Where Maimonides and the Vilna Gaon Are in Agreement…

Maimonides and the Vilna Gaon: Similar Halachoth, Similar Approaches

“A home becomes transformed when the walls display the likeness of the Rambam or the Vilna Gaon or the other righteous great.”

– Rabbi Avigdor Miller

(Continued from here.)

Three halachoth that we saw in the past week shed light on an approach to Torah study and the halachic process which has been gained popularity recently.

The first halacha is in Hilchoth Sta’’m 10:6. There, Maimonides writes

ולא יאחוז הספר כשהוא ערום, He should not hold the [Torah] scroll while (he/it) is naked.

which is as ambiguous as the source text which appears a few places in the Talmud (Megilla 32a, Sabbath 14a, etc.):

אמר רבי פרנך אמר רבי יוחנן כל האוחז ספר תורה ערום נקבר ערום. ערום סלקא דעתך? אלא אימא נקבר ערום בלא מצות. בלא מצות סלקא דעתך? אלא אמר אביי נקבר ערום בלא אותה מצוה.

R’ Parnach said in the name of R. Yohanan: Whoever holds a Torah scroll naked is buried naked. Naked, you say? — Rather, “naked,” without [the merit of performing] commandments. Without commandments, you say? think you? — Rather, said Abaye, he is buried without [the merit of performing] that commandment.

Does this mean that one should not touch the scroll directly, but rather with have an intervening kerchief, or that one who is not clothed should not hold a Torah scroll? Rashi, and most others who followed him, including the Tosafists, the Rosh, the Tur, and the Shulhan Aruch, takes this to mean the former, and that makes sense, considering that the next line in the Talmud, despite its own inherent ambiguity, discusses the cloth used to cover and protect the Torah scroll:

אמר רבי ינאי בריה דרבי ינאי סבא משמיה דרבי ינאי רבה מוטב תיגלל המטפחת ואל יגלל ספר תורה:

R’ Yannai the son of the elder R’ Yannai said in the name of the R’ Yannai the great: It is better that the covering [of the scroll] be rolled up,and not that the scroll of the Torah should be rolled up.

and that is why you find people, who, when it comes time to roll the scroll, make sure not to directly touch it.

The problem with this approach is that it is unclear, what, if any, problem exists, either ritually or ethically, in directly touching the Torah scroll. Without spoiling the surprise for you, I would mention now that the Vilna Gaon (Orah Hayim 147:1) makes this point, and dismisses the suggestion, made by the Magen Avraham and others, that perhaps because the sages made an enactment that one needs to ritually wash his hands after touching the Torah scroll, which is mentioned in the corresponding text in Shabbath 14a, we should derive that there is something wrong with doing so, or that there would perhaps also be a problem with touching the scroll’s handles.

However, when we look again at the Maimonidean formulation, we see that he does not add Rashi’s interpretation, and as R’ Kappah points out, in context it is clear that Maimonides meant that one should not hold a Torah scroll when he is unclothed, and if the Talmud really meant as Rashi et al. believed,  then R’ Parnach should have formulated his rule the way the Shulhan Aruch (Yoreh Deah 282:4) unambiguously did:

ולא יאחוז הספר בלא מטפחתת, He should not hold the [Torah] scroll without a[n intervening] kerchief.

(In Orah Hayim 147, he formulates it differently, but still unambiguously: “It is forbidden to hold a Torah scroll naked, without a kerchief.”)

Maimonides holds of the latter interpretation of R’ Parnach’s teaching,  and this fits well with other, similar halachoth regarding the proper respect due to scrolls and t’fillin, e.g., Hilchoth Sta’’m 4:22, which discusses the laws of being properly clothed while wearing t’fillin.

What is the Vilna Gaon’s true opinion? Well there is nothing explicit, but there is much to consider: he brings absolutely no source for the Shulhan Aruch’s ruling that one should not directly touch a Torah scroll, neither in Orah Hayim 147 nor in Yoreh Deah 282. Was the Vilna Gaon not aware of this well-known talmudic teaching, which, because it concludes one of the shorter and “easier” tractates, is one with which even those who don’t regularly study talmud become familiar? (I was just at a Siyum Massecheth Megilla yesterday.) No source what so ever? Rather, by not giving a source, the Vilna Gaon is implying that this halacha has no basis in the Talmud, because all the purported sources that others may marshall actually mean something else, and as we just saw, he explicitly rejects attempts to explain the meaning of a possible alternative explanation. We see from this that the Vilna Gaon, as a matter of practical halacha, follows the simple understanding of the sources, the one Maimonides understood: one should not hold a Torah scroll while he is not clothed.

Continue reading…

From Avraham Ben Yehuda, here.

Bill Clinton’s War on Serbia

20 Years Ago: Bill Clinton Bombs Serbia, Killing Hundreds of Civilians

Twenty years ago, President Clinton commenced bombing Serbia for no good reason. Up to 1500 Serb civilians were killed by NATO bombing in one of the biggest BS morality plays of the modern era. Clinton sold the bombing as a humanitarian mission, but the resulting carnage resulted in the takeover of Kosovo by a vicious clique that was later condemned for murdering Serbs and selling their kidneys, livers, and other body parts.

But Clinton remains a hero in Kosovo;  a statue of him was erected in the capitol, Pristina.  It would have been a more accurate representation if Clinton was shown standing on the corpses of the women, children, and others killed in the U.S. bombing campaign.

The U.S. bombing of Serbia was a crime and an outrage from the start.  Editors were chary of articles bashing the bombing campaign so much of my venting occurred in my journal:

April 7, 1999 Much of the media and most of the American public are evaluating Clinton’s Serbian policy based on the pictures of the bomb damage — rather than by asking whether there is any coherent purpose or justification for bombing. The ultimate triumph of photo opportunities…. What a travesty and national disgrace for this country.

April 17 My bottom line on the Kosovo conflict: I hate holy wars. And this is a holy war for American good deeds – or for America’s saintly self-image? Sen. John McCain said the war is necessary to “uphold American values.” Make me barf! Just another … Hitler-of-the-month attack..

May 13 This damn Serbian war… is a symbol of all that is wrong with the righteous approach to the world… and to problems within this nation.

I had a chapter on the Serbian bombing campaign titled “Moralizing with Cluster Bombs” in Feeling Your Pain: The Explosion and Abuse of Government Power in the Clinton-Gore Years (St. Martin’s Press, 2000), which sufficed to spur at least one or two reviewers to attack the book.  Norman Provizer, the director of the Golda Meir Center for Political Leadership, scoffed in the Denver Rocky Mountain News:  “Bovard chastises Clinton for an illegal, undeclared war in Kosovo without ever bothering to mention that, during the entire run of American history, there have been but four official declarations of war by Congress.”

As the chaotic situation in post-war Kosovo became stark, it was easier to work in jibes against the debacle.  In an October 2002 USA Today article (“Moral High Ground Not Won on Battlefield“) bashing the Bush administration’s push for war against Iraq, I pointed out: “A desire to spread freedom does not automatically confer a license to kill…. Operation Allied Force in 1999 bombed Belgrade, Yugoslavia, into submission purportedly to liberate Kosovo. Though Serbian leader Slobodan Milosevic raised the white flag, ethnic cleansing continued – with the minority Serbs being slaughtered and their churches burned to the ground in the same way the Serbs previously oppressed the ethnic Albanians.”

In a 2011 review for The American Conservative, I scoffed: “After NATO planes killed hundreds if not thousands of Serb and ethnic Albanian civilians, Bill Clinton could pirouette as a savior. Once the bombing ended, many of the Serbs remaining in Kosovo were slaughtered and their churches burned to the ground. NATO’s “peace” produced a quarter-million Serbian, Jewish, and Gypsy refugees. At least the Serbs were not murdering people for their body parts, as the Council of Europe recently accused the Kosovo Liberation Army of doing to Serb prisoners in recent years. (“When the transplant surgeons were confirmed to be in position and ready to operate, the [Serbian] captives were … summarily executed by a KLA gunman, and their corpses transported swiftly to the operating clinic,” where their kidneys were harvested for sale.) Perhaps even worse, Clinton’s unprovoked attack on Serbia set a precedent for “humanitarian” warring that was invoked by supporters of Bush’s unprovoked attack on Iraq.”

Reposted below are a Washington Times piece on post-war body harvesting and a couple of Future of Freedom Foundation pieces on Clinton’s lies.

Washington Times, August 5, 2014

When the spoils of war are human organs

by James Bovard
Bill Clinton’s Kosovo ‘freedom fighters’ trafficked in body parts

Former President Bill Clinton continues to be feted around the world as a progressive champion of human rights. However, a European Union task force last week confirmed that the ruthless cabal he empowered by bombing Serbia in 1999 has committed atrocities that include murdering individuals to extract and sell their kidneys, livers and other body parts.

A special war-crimes tribunal is planned for next year. The New York Times reported that the trials may be stymied by cover-ups and stonewalling: “Past investigations of reports of organ trafficking in Kosovo have been undermined by witnesses’ fears of testifying in a small country where clan ties run deep and former members of the KLA are still feted as heroes. Former leaders of the KLA occupy high posts in the government.” American politicians have almost entirely ignored the growing scandal. Vice President Joe Biden hailed former KLA leader and Kosovo Prime Minister Hashim Thaci in 2010 as “the George Washington of Kosovo.” A few months later, a Council of Europe investigative report tagged Mr. Thaci as an accomplice to the body-trafficking operation.

The latest allegations might cause some Americans to rethink their approval of the 78-day bombing campaign against Serbia killed up to 1,500 civilians. In early June 1999, The Washington Post reported that “some presidential aides and friends are describing [bombing] Kosovo in Churchillian tones, as Clinton’s ‘finest hour.’” Clinton administration officials justified killing civilians because the Serbs were allegedly committing genocide in Kosovo. After the bombing ended, no evidence of genocide was found, but Mr. Clinton and Britain’s Tony Blair continued boasting as if their war stopped a new Hitler in his tracks.

The KLA’s savage nature was well-known before the Clinton administration formally christened them “freedom fighters” in 1999. The prior year, the State Department condemned “terrorist action by the so-called Kosovo Liberation Army.” The KLA was heavily involved in drug trafficking and had close to ties to Osama bin Laden. Arming the KLA helped Mr. Clinton portray himself as a crusader against injustice and shift public attention after his impeachment trial. Mr. Clinton was aided by many congressmen anxious to portray U.S. bombing as an engine of righteousness. Sen. Joe Lieberman whooped that the United States and the KLA “stand for the same values and principles. Fighting for the KLA is fighting for human rights and American values.”

After the bombing ended, Mr. Clinton assured the Serbian people that the United States and NATO agreed to be peacekeepers only “with the understanding that they would protect Serbs as well as ethnic Albanians and that they would leave when peace took hold.” In the subsequent months and years, American and NATO forces stood by as the KLA resumed its ethnic cleansing, slaughtering Serb civilians, bombing Serbian churches and oppressing any non-Muslims. Almost a quarter-million Serbs, Gypsies, Jews, and other minorities fled Kosovo after Mr. Clinton promised to protect them. By 2003, almost 70 percent of the Serbs living in Kosovo in 1999 had fled, and Kosovo was 95 percent ethnic Albanian.

In 2009, Mr. Clinton visited Kosovo’s capital, Pristina, for the unveiling of an 11-foot-tall statue of himself. The allegations of the KLA’s involvement in organ trafficking were already swirling, but Mr. Clinton overlooked the grisly record of his hosts. Instead, he stood on Bill Clinton Boulevard and lapped up adulation from supporters of one of the most brutal regimes in Europe. A commentator in the United Kingdom’s The Guardian newspaper noted that the statue showed Mr. Clinton “with a left hand raised, a typical gesture of a leader greeting the masses. In his right hand he is holding documents engraved with the date when NATO started the bombardment of Serbia, 24 March 1999.”

Shortly after the end of the 1999 bombing campaign, Mr. Clinton enunciated what his aides labeled the Clinton doctrine: “Whether within or beyond the borders of a country, if the world community has the power to stop it, we ought to stop genocide and ethnic cleansing.” In reality, the Clinton doctrine was that presidents are entitled to commence bombing regardless of whether their accusations against foreigners are true. As long as the U.S. government promises great benefits from bombing abroad, presidents can usually attack whom they please.

Mr. Clinton’s war on Serbia was a Pandora’s box from which the world still suffers. Because politicians and most of the media portrayed the war against Serbia as a moral triumph, it was easier for the Bush administration to justify attacking Iraq and for the Obama administration to bomb Libya. Both interventions sowed chaos that continues to curse the purported beneficiaries.

Unfortunately, Bill Clinton will never be held liable for killing innocent Serbs or for helping body-snatchers take over a nation the size of Connecticut. Mr. Clinton is reportedly being paid up to $500,000 for each speech he gives nowadays. Perhaps some of the well-heeled attendees could brandish artificial arms and legs in the air to showcase Mr. Clinton’s actual legacy.

From Lewrockwell.com, here.

תיקוני עירובין גליון #205

גליון שאלות הלכתיות המתחדשות מדי שבוע בבדיקת העירובים השכונתיים

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Reprinted with permission.

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