‘Nachem’ – Read and Weep… (Choose Any Reason)

How Halakhah Changes: From Nahem to the “Tisha be-Av Kumzitz”

Overt Change: The Nahem Model

In the weeks leading up to Tisha be-Av, the Religious Zionist and Modern Orthodox communities engage in the annual rite of agonizing over the relevance of Tisha be-Av in light of the State of Israel and unified Jerusalem. The discussion focuses on the text of a short liturgical prayer titled Naḥemrecited only once a year during the afternoon Tisha be-Av service (in the Ashkenazic practice). Following Rabbi Sacks’ translation, Nahem describes Jerusalem as “laid waste of its dwellings, robbed of its glory, desolate without inhabitants. [Sitting] with her head covered like a barren childless woman.” The image is stark—and totally at odds with current reality.

Over the years, numerous articlesblog posts, and online forums have debated the continued viability of the received text. As several of the referenced articles note, positions range from advocating wholesale reconstruction to instituting minor amendments, allowing for deviations so long as they remain “private,” and, finally, resisting all efforts at change.

The dilemma is easy to understand. On its face, the liturgy strikes a false note—which a community that takes prayer seriously should try and avoid. Further, retaining the liturgy smacks of ingratitude, crying out as if Jerusalem lay in smoldering ruins, when God has granted a beautiful, populated city which sprawls out amongst the hills.[1] On the other hand, the Temple is still not rebuilt—the site currently occupied by a shrine of another religion—and the Jewish hold on the city is not without its complications. There is also a more sweeping objection: “Who are we moderns to tinker with texts that have served as the bedrock of Jewish identity for millennia?” My sense is that within Religious Zionism, there is a slow drift towards allowing for liturgical accommodation, yet the matter remains hotly debated and far from resolved.

In some quarters, the issue has moved beyond (relatively) minor points of liturgy, to questioning whether the fasts commemorating the destruction of the Temple (other than Tisha be-Av itself) remain obligatory in the era of Jewish sovereignty over Jerusalem. From a halakhic perspective, the issue revolves around talmudic interpretations of the prophet Zekhariah’s vision which indicates that when peace returns to Israel, the fast days will become holidays, and/or when Jews coexist peaceably with the Gentiles, the fast days become optional. From a theological standpoint, the matter touches on whether the Temple will be rebuilt through human actions by or via miraculous divine intervention (as the text of Nahem suggests). At the moment, the discussion about the fast days remains more of a thought experiment than a direct call to action.[2] But that this has become a thinkable thought within mainstream Orthodox Zionism, is bound up with efforts to assert Jewish rights over the Temple Mount, and reflects a sustained drift towards the idea that Jews may take an active hand in rebuilding the third Temple.

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From Lehrhaus, here.

Halachos For the Weekend (You Decide)

Halachos of Tisha B’av/ Shabbos Chazon 5781

Wednesday, July 14, 2021

 Halachos of Tisha B’av/ Shabbos Chazon 5781 Erev shabbos in the nine days

(Based partially on Rabbi Felder Sefer) This year 5781 Tisha Bav is Motzei Shabbos and Sunday

Erev Shabbos Chazon  5780- 2021

– One may cut their Nails for Shabbos since it is not shavua shechal bo.

– One may polish their shoes only with liquid polish according to most poskim.

– One may brush a hat on erev shabbos since it is not considered washing clothes.

– Showering is a machlokes if you are allowed kol gufo, the minhag is to be meikel but to use warm water.

-Tasting food that is fleishigs, some poskim- Mekor Chayim 551:9 writes “A woman who needs to taste the Shabbos foods while cooking may do so on Friday afternoon after midday” others hold you can taste but not swallow and must spit it out. (Shmiras Shabbos Khilchasa 42:61 on Erev Shabbos during the Nine Days, you may also taste the food. However, one should try not to swallow food containing meat ingredients)

– Children may eat meat before Shabbos up to 2 hours before the zman according to Rav Moshe Feinstein in Igros Moshe, others (Eliyahu Rabba) hold they may start even from Chatzos. this year 1:02 pm

– If one makes an early Shabbos on Erev Shabbos Chazon he may eat Meat after  the Plag. Lakewood Plag is 6:52 pm.

Laws of  shabbos chazon Erev Tish B’Av 

The Seudos of Shabbos can be eaten as on a regular Shabbos with no restraints or restrictions there is no seudas hamafsekes

-Although one normally should not study Torah on erev Tisha B’Av after Chatzos (except for Torah portions permitted on Tisha B’Av itself) when erev Tisha B’Av falls on Shabbos one should fulfill his regular Shabbos Torah study, however, it is customary not to learn Pirkei Avos after Chatzos. (Shulchan Aruch w/Mishnah Berurah 553:2)

-One is permitted to take a time release or Tzom Kal  on shabbos which help them fast. Since it is not for Refuah or hachanah its only preventive medicine. However its better if one can mix it with food before shabbos and eat it in that way on Shabbos. (Rabbi Felder Shiurei Halacha)

– The usual Seudah Mafsekes is replaced with a regular shaleshudis of Shabbos at which one may eat meat and drink wine and eat any foods one desires. One may eat the meal with the family at one table, However, one should not invite guests unless one regularly has guests for Seudah Shlishis. One may conclude the meal with a Zimun as always. One must be careful to conclude the meal before sunset/Sh’kiah. (In Lakewood 8:23 pm) One should not say that one is eating to have strength for the fast. You may sing zemiros. (Shulchan Aruch w/Mishnah Berurah 552:10,Shmiras Shabbos Kehilchasa 28:77,Igros Moshe 4:112)

– If one completed the 3rd seudah before sunset (8:23 pm) and said Birchas Hamazon one may eat and drink until sunset without making any t’nai (condition). (Sha’ar Hatziyun 553:7)

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From Hefkervelt, here.

Happy Birthday Yehonatan Pollard!

A VERY SPECIAL DAY IN MANY WAYS

 7 Av 5781
Erev Shabbat Kodesh
Erev Erev Tisha b’Av
Parashat Devarim – Shabbat Chazon

Just as it was 67 years ago tomorrow, Jonathan Pollard’s birthday is Erev Tisha b’Av, Parashat Devarim – Shabbat Chazon.  Very auspicious!  I’m sure all of my readers would like to join me in wishing Yehonatan Pollard the happiest birthday of his life so far – home in Holy Yerushalayim with his dear wife, Esther.

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From Tomer Devorah, here.

Only TORAH Law Is ‘No Respecter of Persons’

How the Government Lets the Elite Get Away With Murder

Gary North – December 20, 2011

The justice system is rigged against the common man. It is rigged in favor of the elite.

Equality before the civil law is a thing of the past. I think it has been since about 1789. But it surely ended in 1974, when Ford pardoned Nixon.

My father was in the FBI. He was outraged. “A pardon is issued after someone is convicted. Nixon was never convicted.” I knew he was right from that point on. But I did not see the full ramifications until I read this. It ended the American tradition of equality before the law.

The Ford pardon of Nixon changed that, radically and permanently. When President Ford went on national television to explain to an angry, skeptical citizenry why the most powerful political actor would be fully immunized for the felonies he got caught committing, Ford expressly rejected the rule of law. He paid lip service to its core principle—the “law is no respecter of persons”—but then tacked on a newly concocted amendment designed to gut that principle: “but the law is a respecter of reality.”

 

In other words, if—in the judgment of political leaders—it’s sufficiently disruptive, divisive, or distracting to hold powerful political officials accountable under the law on equal terms with ordinary Americans, then they should be exempt and the rule of law suspended, all in the name of political harmony, of “moving on.” But of course, it will always be divisive and distracting, by definition, to prosecute the most powerful political leaders, so Ford’s rationale, predictably, created a template for elite immunity.

The author of these words, Glenn Greenwald, has just had a book published: With Liberty for Some.

 

The rationale for Ford’s pardon of Nixon was subsequently legitimized, and it created a precedent for shielding the most powerful elites from the consequences of their lawbreaking. The arguments Ford offered are the same ones now hauled out over and over whenever it is time to argue why the most powerful among us should not be held accountable: It’s not just for the good of the immunized criminal, but in the common good, to Look Forward, Not Backward. This direct assault on the rule of law was pioneered by the pardon of Richard Nixon.

The law now protects the law-breakers. It penalizes the whistleblowers.

 

3. Whistleblowers in the era of Bush and Obama have been fired, harassed, and prosecuted under statutes like the Espionage Act with a hitherto-unknown vigor, especially when their disclosures suggested that government officials committed serious crimes. Is this prosecutorial zeal driven by the same factors that have created elite immunity?

Unquestionably. Take the case of the NSA eavesdropping scandal, the clearest-cut case of criminality during the Bush years. So egregious was the wrongdoing that James Risen and Eric Lichtblau won the Pulitzer Prize for exposing it in the New York Times. Bush officials were caught behaving in the exact way the law criminalized: eavesdropping on Americans’ communications without warrants. And the statute imposed a penalty of five years in prison and/or a $10,000 fine for each offense.

Yet not a single Bush official responsible for those crimes was ever investigated, let alone prosecuted. The nation’s telecom giants, which independently broke laws written specifically to bar telecom–government cooperation in illegal spying, were retroactively immunized for their crimes by an act of Congress.

Nobody paid a price for the NSA scandal, except one person: Thomas Tamm, the mid-level DOJ lawyer who learned of the illegal program and, in an act of conscience, picked up the phone, called Lichtblau, and told him what he had learned. Unlike the criminals themselves, Tamm was investigated, harassed, rendered unemployed, forced to hire a lawyer, and ultimately driven into bankruptcy and serious psychological distress. The only person to suffer from the NSA scandal was the person who blew the whistle on it.

We see this over and over, and it’s what the Obama war on whistleblowers is all about. The only real, cognizable crime—the only one the Obama DOJ displays any real interest in punishing—is committed by those who expose elite criminality, not those who commit it.

Each new President shields his predecessor.

If anything, it’s even more unlikely that he would hold elites accountable in his second term. In November, 2008, the New York Times explained why presidents have an incentive to shield their predecessors from prosecution: “Because every president eventually leaves office, incoming chief executives have an incentive to quash investigations into their predecessor’s tenure.” In other words, by shielding those who came before him, Obama ensures that he can commit crimes with impunity as well. That’s why all elites—political, financial, media—are motivated to defend and preserve this lawbreaking license for their class.

The justice system is rigged. We should never forget this. The basis of liberty is an honest legal system. We no longer have one.

Continue reading on harpers.org.


Ford’s pardon is here.

From Tea Party Economist, here.

‘Fewer Than 1% of Vaccine Adverse Events Are Reported’

SELICK: Pregnant women should do their research before taking COVID vaccination

“Pregnant women and their doctors would be well advised to remember thalidomide and do a thorough examination of available evidence of harm before deciding to risk their fetuses.”

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A few decades ago when I was interviewing candidates for an articling job in my law office, I met a young woman who had almost no arms, only small hands at the ends of severely shortened upper limbs. She was a victim of the drug thalidomide. The Thalidomide Victims Association of Canada says there are about a hundred such survivors still alive in Canada today, all about 60 years old now.

Thalidomide was first marketed in 1956 by a German company, Grünenthal, as an anti-flu remedy and a sedative. By 1958, it was being sold in the UK, Norway and Japan. Canada approved it in 1961, and it was even promoted as a drug to prevent morning sickness in pregnant women.

However, Grünenthal had begun receiving complaints from doctors about side effects as early as 1959, and ignoring them. Estimates say that as a result, some 15,000 babies were born alive with malformations, while thousands of miscarriages and stillbirths also occurred. The drug was withdrawn from the Canadian market in 1962.

Since then, the thalidomide tragedy has stood for the proposition that pregnant women should not consume any drug or other substance that has not been thoroughly tested for safety, and tested specifically in pregnant women to ensure that their fetuses aren’t harmed. It’s hard to imagine finding many women willing to risk their unborn children’s health in order to be experimental subjects for such safety tests, which probably explains why very few drugs are approved for use in pregnant women.

I was therefore astonished to read an article published on March 25, 2021 in two of my local newspapers, the Picton Gazette and the County Weekly News. The author, Dr. Helene Baldwin MD, apparently intended to ease women’s fears about getting the COVID-19 vaccination while pregnant.

“So far, we don’t have any evidence to suggest that vaccination poses a risk of harm to you or your pregnancy,” the article states. Later, it reiterates: “…women who want the vaccine should not be excluded based on the absence of evidence and theoretical risks as so far we do not have any data to suggest harm to mother or baby.”

Dr. Baldwin cites a recommendation by the Society of Obstetricians and Gynecologists of Canada (SOGC) that COVID-19 vaccines be offered to pregnant women as soon as the vaccines become available.

The medical profession has done a complete about-face. The previous strict rule was that pregnant women should not consume any substance that hadn’t been thoroughly tested and proven safe, but the bar has now been lowered to: “Hey, go ahead because we don’t have any evidence of harm, yet.”

However, this new lower standard raises important questions, such as: who did the searching for evidence of harm, and how thoroughly did they look?

I have managed to find evidence of harm that Dr. Baldwin and SOGC appear to have overlooked.  The Centers for Disease Control (CDC), a US government agency, maintains the Vaccine Adverse Events Reporting System database, or VAERS for short. It’s a voluntary or “passive” system in which vaccine recipients who suspect they’ve had an adverse reaction to vaccination can, with the help of their doctors if necessary, file a report to alert others to the incident. Reports can be made by US residents or by people in other countries.

Because it’s not mandatory, most people aren’t aware of it. Even doctors seem to overlook it. Since there is no remuneration for doing so, there is little incentive for doctors to take the time necessary. Consequently, the number of adverse reactions shown in the database is severely under-reported compared to the number of adverse reactions that actually occur.

In fact, this report prepared for the US Department of Health and Human Services in 2010 concluded that “fewer than 1% of vaccine adverse events are reported.”