Minority Opinions in the Talmud - match those of Karaites

 Here is an interesting article by Rabbi H. Shachter of Yeshiva University

 

http://www.torahweb.org/torah/2006/parsha/rsch_vaeschanan.html

 

In it , he discusses the prohibition of intermarriage, and  how Jewishness is determined.

 

He mentions several opinions in the Talmud (without proper citations) , the minority opinons seem to be also held by Karaites -  namely, that Jewishness is determined  either by both parents being  Jewish, or either of them  (father or mother) being Jewish.

 

Below is a copy of the article:

 

Intermarriage

In one possuk at the end of parshas Va'eschanan (7:3) the Torah prohibits both forms of intermarriage: a Jewish man may not take a non-Jewish woman, nor may a Jewish woman marry a non-Jewish man. In Shulchan Aruch (Yoreh Deah 157:61) the opinion of the Ramban (Milchamos, Sanhedrin 74) has been adopted, that there is a big difference between the two aforementioned cases. Because in the case of a Jewish man taking a non-Jewish wife the children will not be Jewish, this prohibition is considered more serious; it is considered as if the man had become a "mechuttan" with the avodah zarah. This is the end of the line! The tradition of Jewishness transmitted from Mt. Sinai from generation to generation will not be able to continue. But when a Jewish woman marries a non-Jewish man, the children will be Jewish; the transmission of Jewishness will continue. The woman has violated a serious aveira, but this is not a case of yehoreig ve'al ya'avor.

In Europe the common practice was that when a Jewish man would marry a non-Jewish woman, this was considered equivalent to his converting to another religion (shmad). However when a Jewish woman married a non-Jewish man, the custom was not necessarily so. This aveira was not considered the equivalent of shmad.

Whenever there is a "mixed" marriage between two Jews, for example when a Kohein or a Levi marries a girl who is not a Kohenes or a Leviah, the status of the children is determined by the father. The same is true when there is a "mixed" marriage between two non-Jews. Amaleki, Edomi, Mitzri, and Canaani each have a special status according to the halacha. When there is a mingling between two nationalities, the halacha declares that all the children follow the nationality of the father. This halacha is based on the possuk in Parshas Bamidbar (1:2) "l'mishpechosom l'beis avosom", which implies that in cases of a conflict, the mishpacha of the father is to be followed. The only exception is where there is a mixed marriage between Jew and non-Jew. In Talmudic times none of the rabbis felt that in these cases the status of the children should be determined solely by the father. One opinion felt that in order to be Jewish one must have both a father and a mother who are Jewish. A second opinion held that with either parent being Jewish, all the children would be considered Jewish. And the accepted opinion is that the issue is determined solely by the mother[1]. This position was arrived at based on the Rabbi's careful reading of the pesukim (7:3-4) at the end of our parsha. The Reform movement's renunciation of this position was a rejection of a tradition that has been accepted for over 1,500 years.

It is interesting to note that in a marriage between a Jew and a non-Jew none of the rabbis felt that the status of the children should be determined by the father. If in the other two types of mixed marriages (where both parents are Jewish or where the parents come from two different non-Jewish nations) the halacha established that everything is determined by the father, what motivated the rabbis to assume that the same should not be the case when a Jew and non-Jew marry?

The answer lies in the wording of the possuk in Bamidbar (ibid). The status of the children is determined solely by the father when we're dealing with an issue of "mishpacha". Being a Kohein or Levi is an issue of mishpachas kehuna or mishpachas leviah. The same is true regarding Amaleki, Edomi, etc. we colloquially refer to these groups as "nationalities", but strictly speaking (halachically) they are merely "mishapchos". In order to be a member of a certain mishpacha, you must have yichus (genealogical lineage) of ben achar ben through your father. Being Jewish, however, is not a function of which mishpacha one belongs to. This is illustrated by the institution of geirus (conversion). After conversion, a ger belongs to no mishpacha, but nonetheless is just as Jewish as all the other Jews. Being Jewish is a function of belonging to the Jewish people (Am Yisroel). The Jewish people are the only ones called a nation as such! "Umi ke'amcha Yisroel goy echad ba'aretz" (Shmuel II 7:27)[2].

The rabbis apparently assumed that since "mishapacha" and "am" are fundamentally different, it must be that inclusion in each one will be determined by different factors in the case of a mixed marriage. A major difference between a mishpacha and a nation is that a mishpacha consists of a collection of individuals who relate to each other in a special way, while the term "goy" (nation) comes from the word "geviah" (body). Klal Yisroel is considered "one body". We must adopt this attitude and act accordingly.

---

[1] Tosafos Yevamos 16b, s.v. oveid kochavim, and Rabbi Akiva Eiger (Gilyon Hashas ad loc.)

[2] See "Chilul Hashem" where we explained in a similar vein why the actions of one Jew are seen as a reflection on all Jews, as opposed to other nations where the actions of an individual are not understood as such.

 

 He then tries to point out that there was not a rabbinical opinion which claimed that Patrlineal descent is what determines Jewishness. 

however, he as admitted that it can be either patrilineal of Matrilineal, according to one of the unnamed rabbis.

 

In any case these minority views have never been accepted as Rabbinic halacha,  but nevertheless it is interesting that such views existed.

 

 

Rambam’s Suicide Option

 

 

The following is a logical analysis of what Maimonides wrote in his halachic Magnum Opus – the so-called Mishnah Torah.  My arguments will not be accepted by Rabbis, because a) they are unable to think logically, and b) they presume the truth of their beliefs as being facts, and cannot accept any challenge to them.  Howeve,r a logical analysis brings us to some strange conclusions – first the text:

 

 

 

Maimonides Hilchot Teshuvah - Chapter Three

8)

Three individuals are described as Epicursim [heretics, with no place in the next world]

a) one who denies the existence of prophecy and maintains that there is no knowledge communicated from God to the hearts of men;

b) one who disputes the prophecy of Moses, our teacher;^'

c) one who maintains that the Creator is not aware of the deeds of men.

Each of these three individuals is an Epicurus.

There are three individuals who are considered as one "who denies the Torah": [do not have a portion in the world to come.]

a) one who says Torah, even one verse or one word, is not from God. If he says: "Moses made these statements independently," he is denying the Torah.

b) one who denies the Torah's interpretation, the oral law, or disputes [the authority of] its spokesmen as did Tzadok and Beitus.

c) one who says that though the Torah came from God, the Creator has replaced one mitzvah with another one and nullified the original Torah, like the Arabs [and the Christians].

Each of these three individuals is considered as one who denies the Torah.

 

 

 

This section of CH 8 deals with various types of heretics , according to Rabbinic thought. The “heretics” lose their share in the next world, according to this system. What is interesting is that some of these heresies, if looked at logically and applied to rabbinic /Talmudic approach to the Torah, fall back on themselves.  It is no surprise that that they claim the Sadducees to be heretics for denying the Oral Law and the Rabbinic interpretation of the Torah. And this is clause b) of his “deniers of Torah” category, underlined in the above quotation.

 

However, Maimonides had verbalised, and in fact put to paper a problem, which affects no only him, but all his rabbinic brethren who base themselves on the Talmud’s interpretation of the Torah.

 

 

Firstly, he states that “one who disputes the prophecy of Moses” is an epicurean – heretic.   But the mainstream Talmud disputes a large portion of the Torah, giving it an interpretation contrary to the plain, obvious meaning.

For example, Moses clearly says we must count the Omer from the day after Shabbat – namely a “Sunday”.   He say we must not add. He says we must follow the Kohanim.  And many other things which I have attempted to show in this blog.

 

Then , in definition c) of deniers of Torah (Kofrim) ,  he attacks those who have replaced the Torah with a new testament  i.e. a replacement mitzvah / commandment system which does away with the original Torah. This is what the Talmud  does.  There are many laws  which are non existent in the Torah, and there are others which have been replaced , either by definition, or by changes – eg spices used in the Temple, when to count the omer, the laws of Sukkot (especially the Water Libation),  ritual impurity and implementation of the Red heifer ashes – are all replacement mitzvoth which go against the original Torah instructed by Moses.

 

Thus, Rambam has embarked  - unwittingly, on a suicide mission. Whilst he casts 1 so-called heresy category at the Sadducees, he has unleashed 2 more at himself.

 

 

 

Koheleth - Ecclesiastes - words of the Wise King Solomon

 The highly philosophical book  Koheleth, which is part of the writings - Ketuvim , constians much wisdom.

A brief quote from Ch. 7 :

טז אַל-תְּהִי צַדִּיק הַרְבֵּה, וְאַל-תִּתְחַכַּם יוֹתֵר: לָמָּה, תִּשּׁוֹמֵם. 

 

16 Be not righteous overmuch; neither make thyself overwise; why shouldest thou destroy thyself?

 

יז אַל-תִּרְשַׁע הַרְבֵּה, וְאַל-תְּהִי סָכָל: לָמָּה תָמוּת, בְּלֹא עִתֶּךָ.

 

 17 Be not overmuch wicked, neither be thou foolish; why shouldest thou die before thy time?

 

 

 

The Torah Temimah - a modern Rabbinic commentary, on v. 16 brings the prohibition of imposing extra strictures upon oneself  and adding laws to the Torah.  This, in fact is cited by Maimonides in his Hilchot Deot - and is a view found in the Jerusalem Talmud - as opposed to the Babylonian talmud.

To me, the Koheleth book includes a number of purposes - one was the author's own attempt to write a guide to good living for himself.  This is interesting, because it means he is explicitly rejecting any concept of Shulchan Aruch - although the followers of the Shulchan Aruch might suggest that all he was lacking was a Talmud or Shulchan Aruch.

Shabbat - an Essay by Ami Hertz

 

Shabbat

Ami Hertz

13 January 2004
Original: 3 September 2003

Abstract

Shabbat ("sabbath") is a Jewish weekly holiday. This essay discusses the reasons for Shabbat and its observance. It also discusses why several activities, which are often thought to be forbidden on Shabbat, are not actually forbidden.

Contents

1  Summary
2  Reasons and scope
3  Meaning of "work"
4  Activities that are not forbidden
    4.1  Leaving one's "place"
    4.2  Carrying
    4.3  Using electricity
    4.4  Gathering
    4.5  Writing, etc.
5  Questions

1  Summary

Shabbat is a weekly holy day. It gives us a chance to rest and recover from our work. In this rest, we can grow spiritually by reflecting on God and the Universe. In particular, observing Shabbat reminds us that God is the Creator and Ruler of all. Shabbat begins every Friday at sundown and ends on Saturday at sundown. During this time, we are commanded to abstain from certain activities, usually called "work" or melacha. Both doing the work and inducing others to do it are forbidden. Of course, the prohibition against work does not apply if performing it is necessary to preserve life. The forbidden activities are:

• business- or work- related activity: anything by which the person earns money or sustains his livelihood;
  
  
• commerce;
  
  
• sowing, pruning, reaping, and gathering (but see 4.4);
  
  
• cooking; and
  
  
• lighting a fire.
  
  

During Shabbat, do not plan for these activities or wish that the holy day might be over so you can start doing them again. For a more detail discussion of work, see section 3 below.

Cooking

How do you eat a normal meal if fire and cooking are forbidden? You can eat a hot dinner on Friday before sunset, and on Saturday after sunset. Saturday breakfast and lunch can be cold: cereal, sandwich, fruit, and so on; or, a warm soup from a thermos that was heated Friday before sunset.

Physical Activity

Whether a physical activity is allowed depends not on its intensity, but on its purpose. For example, working out to improve your health is fine; moving boxes for work is not.

2  Reasons and scope

Shabbat is mentioned as early as Genesis 2 in connection with Creation: "God blessed the seventh day, and hallowed it" (Gen 2:3). As it is thus mentioned outside of any covenant with the Jews, and, in fact, before any such covenant, Shabbat is clearly pertinent to all humanity. The particular laws of Shabbat might apply only to Jews, but the day itself is important for everyone. By remembering Shabbat, we acknowledge that God is the Creator of all things. The first listing of the Ten Commandments, in Exodus 20:11, recalls Genesis 2 by saying that the reason for the observance of Shabbat is to commemorate the act of God's creation. Since God created all, He is the one and only Master of the Universe. In Moses's retelling of the Ten Commandments, the reason for Shabbat observance is stated a bit differently, but the point is the same. Many times, the Bible makes the point that a person is either a servant to God, in which case he is free, or a servant to something else, such as a person, ideology, or state, in which case he is not free. Deuteronomy 5:15 says "Remember that you were a slave in the land of Egypt and YHWH your God freed you from there with a mighty hand and an outstretched arm". Thus, by observing Shabbat, we stress that we are servants only to God. This indicates both God's Mastery and the observer's true freedom. Though Shabbat is pertinent to all humanity, its particular laws are only applicable to Jews and to anyone who lives in a territory governed by Jews, such as Israel. This is plainly stated in the Ten Commandments: laws of Shabbat apply to "you, your son and daughter, your male and female slave, your cattle, and the stranger who is within your settlements". Observing Shabbat is a sign between God and the Jewish people: "Nevertheless, you must keep My Shabbats, for this is a sign between Me and you throughout the ages, that you may know that I, YHWH, have consecrated you. You shall keep the Shabbat for it is holy for you." (Ex 31:13) The observance must be done regardless of location. (Leviticus 23:3)

3  Meaning of "work"

To understand what the activities forbidden on Shabbat are, we must examine all of the Shabbat prohibitions. Here is a list of the relevant passages:

• Manna was a gift of God to the Jews while they wondered in the desert. Jews had to gather it every day for food. But on the sixth day, they would gather an amount sufficient for two days. And on the seventh day, they were forbidden to gather manna. (Ex 16:26)
  
  
• Six days a week, people are allowed to "labor and do all your work", but on Shabbat, "you shall not do any work". This prohibition applies to "you, your son and daughter, your male and female slave, and your cattle, and the stranger who is within your settlements" (Ex 20:9) "so that your male and female slave may rest as you do" (Deut 5:14).
  
  
• The first and seventh day of Passover are "a sacred occasion": "no work at all shall be done on them; only what every person is to eat, that alone may be prepared for you" (Ex 12:16).
  
  
• "Six days you shall do your work, but on the seventh day you shall cease from labor, in order that your ox and your ass may rest, and that your bondman and the stranger may be refreshed" (Ex 23:12).
  
  
• Bezalel and Oholiab were charged with making the necessary ritual objects. Yet, they too had to cease from this work on Shabbat (Ex 31). Jews "shall keep the Shabbat, observing the Shabbat throughout the ages as a covenant for all time" (Ex 31:16).
  
  
• "On six days work may be done, but on the seventh day you shall have a Shabbat of complete rest.... You shall kindle no fire throughout your settlements on the Shabbat day" (Ex 35:3). Fox translates this as "You are not to let fire burn throughout all your settlements on the Shabbat day".
  
  
• When the Temple exists, the people are to present an offering by fire every single day (Num 28:3), including Shabbat (Num 28:10).
  
  
• When Jews are in the land of Israel, they may perform agricultural work for six years, "but in the seventh year the land shall have a Shabbat of complete rest". All agricultural work is forbidden: sowing, pruning, reaping, and gathering. "But you may eat whatever the land during its Shabbat will produce - you, your male and female slaves, the hired and bound laborers who live with you, and your cattle and the beasts in your land may eat all its yield" (Lev 25:2).
  
  
• A man was gathering wood on Shabbat. He was put on trial, since it was not immediately clear whether this was a crime. God informed the people through Moses that, in fact, this man was guilty of transgressing Shabbat (Num 15:32).
  
  
• The ancients understood conducting trade as included in the definition of forbidden work (Neh 10:32, 13:15).
  
  

Shabbat is a day of complete rest from all weekday work activities, including trade. It applies to everyone within the household, to servants, and to non-Jews who live in an area controlled by Jews. People must cease from work even if the product of that work is used for a religious purpose. The commandment related to manna is not directly applicable today since we do not have manna today. However, it does illustrate the principle: that food production or acquisition on Shabbat is forbidden. This is confirmed by the Passover prohibition which states that on Passover no work may be done except preparation of food. This implies that preparation of food is normally included in the definition of "work". As we see with the Shabbat year, food that is passively produced by "itself" is fine, but exerting oneself in any way to produce food is forbidden. There is a further prohibition against fire; in ancient times, food could only be prepared with fire. When the man gathering wood was apprehended, he was not immediately found guilty. The people suspected that he might be guilty but they weren't sure. From this, we see that gathering in and of itself is not a sin. If it was, the people would be sure that the man was guilty. If it is not the action itself which was wrong, it must be that it was wrong because of its intent. In context, if the man gathered wood as, for example, a form of relaxation, that would have been fine; but if he needed the wood for something, then it was work and was therefore forbidden.

4  Activities that are not forbidden

There are many activities which are not forbidden on Shabbat, but might appear to be forbidden. Here, I go through some of these and explain why they are not forbidden.

4.1  Leaving one's "place"

In Exodus 16:29, God says "Let everyone remain where he is: let no man leave his place on the seventh day". Based on this, some people think that it is forbidden to leave one's "place" on Shabbat. This leads to further discussions of what specifically one's place is, and to controversies over "private domain" and "public domain". In fact, there is no prohibition to leave one's place. To see this, we must simply read the whole passage, not just half a verse. Exodus 16, from 16:13 to 16:36, tells about a "fine and flaky substance" that God gave to the Jews in the wilderness every day as a food. The substance, which the Jews called man ("manna" in English), appeared every morning, after the dew lifted. The people had to gather it every morning and eat what they gathered the same day. No matter how much each person gathered, in the end, he had as much as he needed to eat in one day. What they did not gather would melt every day under the hot sun. Of the manna that they did gather, if they left any for the next day, it would become infested with maggots. On the sixth day of the week, that is, on Friday, Jews gathered a double portion of manna. God told them that they should leave some from Friday to Shabbat. They did leave it and it did not spoil. God further told the Jews not to gather any manna on Shabbat. God did not give any manna on Shabbat and Jews were forbidden to go out and try to gather it. But some people broke this commandment:

Yet some of the people went out on the seventh day to gather, but they found nothing. And YHWH said to Moses, "How long will you men refuse to obey My commandments and My teachings? Mark that YHWH has given you Shabbat; therefore He gives you two days' food on the sixth day. Let everyone remain where he is: let no man leave his place on the seventh day". (Ex 16:27-29)

Here, God is chastising the people for not following His command which He has already given. Yet, God has never before forbidden them to leave their place. Therefore, it's impossible that He is criticizing them for doing so. Instead, as is plainly obvious from the story, the sin was that the people went out to gather manna on Shabbat, whereas God told them specifically not to do so. "Let no man leave his place" means "let no man leave to gather manna", which has already been forbidden.

4.2  Carrying

Some people think that "carrying" is forbidden on Shabbat. By this they mean that it is forbidden to move anything within the "public domain" or from "private domain" to "public domain". As evidence, they bring Jeremiah 17. There, God commands the prophet to go to all the gates of Jerusalem and to tell the people thus:

Guard yourselves for your own sake against carrying burdens on the Shabbat day, and bringing them through the gates of Jerusalem. Nor shall you carry burdens from your houses on the Shabbat day, or do any work, but you shall hallow the Shabbat day .... If you obey me - declares YHWH - and do not bring in burdens through the gates of this city on the Shabbat day, but hallow the Shabbat day and do no work on it, then [good things will follow]. But if you do not obey My command to hallow the Shabbat day, [bad things will follow]. (Jer 17:21-27)

First, all of God's law has already been stated by Moses. Later prophets can reiterate the law, but they cannot add any new law. Studying Prophets and Writings is useful for seeing how the law was understood by the ancients. Their understanding must be given a lot of weight because they lived in the historic and cultural context in which the commandments were given. However, since they do not introduce any new laws, if a prohibition on carrying exists, it must have been mentioned by Moses. But Moses does not mention any such prohibition. Second, Jeremiah's admonition is akin to the one made by Nehemiah:

At that time, I saw men in Judah treading winepresses on the Shabbat, and others bringing heaps of grain and loading them unto asses, also wine, grapes, figs, and all sorts of goods, and bringing them into Jerusalem on the Shabbat. I admonished them then and there for selling provisions. (Neh. 13:15)

Nehemiah uses language very similar to Jeremiah's. But, as we can see, Nehemiah's problem was not that the people carried things; it was that the people engaged in trade, which was just the type of weekday business activity that is forbidden on Shabbat. Third: at first glance, there are thus two approaches to the passage from Jeremiah. One approach is that "burden" refers to anything; another approach, motivated by Nehemiah, is that "burden" refers to merchandise brought in for sale. Taking the first approach, Jeremiah says that we are forbidden:

1. to carry things on Shabbat;
   
   
2. to bring things through the gates of Jerusalem;
   
   
3. to bring things outside the house; and
   
   
4. to do any work.
   
   

But those who believe that it is forbidden to "carry" distinguish between different domains, whereas (1) is a general prohibition without reference to any domains: "Guard yourselves for your own sake against carrying burdens on the Shabbat day". And why does Jeremiah specifically forbid carrying things into the city? After all, the area outside the city is also "public domain". Finally, why is "carrying" equated to work? Is carrying keys out of one's house really "work"? Taking the second approach, Jeremiah says that we are forbidden:

1. to carry around merchandise;
   
   
2. to bring merchandise into a city (at that time, the only conceivable reason for doing so was to sell it);
   
   
3. to bring merchandise outside one's house (same reason); and
   
   
4. to engage in any business, such as trade.
   
   

This second approach makes sense and fits in the context of prohibitions given elsewhere. The first approach does not.

4.3  Using electricity

Some people think that electricity is forbidden because it is somehow similar to fire. To make a proper analysis, we must first try to understand what about fire is forbidden and what is not. We can make the argument that it is the flame that is forbidden. If this is the case, then electricity is not the same as fire and is allowed. Others say that electricity is forbidden because, in most cases, electricity is generated with fire. In my opinion, as long as my activities do not increase the amount of fire, those activities are allowed. Thus, if electricity is already being produced at the power plant, then my electricity use does not increase the amount of fire, and electricity use is allowed. This is the case in most situations in the modern world. If, however, there would have to be more fire to produce electricity for me, then it would be forbidden. This would be the case if, for example, I used so much electricity that another power plant would have to be brought online.

4.4  Gathering

From Numbers 15:32 and Leviticus 25:2, it looks like gathering, and other related activities, are forbidden on Shabbat. As already discussed in section 3, an activity is forbidden if it is done for work. If it is done for relaxation and does not induce anyone else to do work, then it is allowed.

4.5  Writing, etc.

Some people believe that there are many other Shabbat prohibitions, such as writing, or even moving a pen. There is no Biblical basis for any of these.

5  Questions

I still have not fully resolved some questions:

1. Why is fire forbidden on Shabbat? What can we learn from this prohibition?
   
   
2. Numbers 28 commands us to bring sacrifices on Shabbat. Yet sacrifices involve fire, cooking, and work for a ritual purpose, all the things that are normally forbidden. How can this conflict be resolved?
   
   
3. What is the status of electricity?