הוקדש לזכותו של לרפו"ש

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2 הוקדש לזכותו של ר' שלמה זלמן בן רבקה לרפו"ש 2

3 INDEX INTRODUCTION... 5 GIVE AND TAKE... 6 JON MORRIS AND SHMUEL ROTHMAN... 7 DAVID ELLAYSON AND DR. JONATAN LEWIN RUVIN DANILOV AND SRULI NOTIS DANIEL PELTSMAN AND RABBI YISROEL GOLDMAN JASON KATZ AND RAV MORDECHAI PRAGER JORDAN POLLACK AND RAV MORDECHAI PRAGER DAVID ANDROPHY AND SHMUEL DOV VOGEL SASUN MISHIYEV AND RABBI YAAKOV FREEDMAN MAX SIGEL AND GEORGE KARASICK MENACHEM KASHANIAN AND MOSHE SCHWARZMAN THEODORE KRAVETSKY AND YAAKOV KAPLAN KEVIN BAUM AND YOSSIE BRECHER SHANE WOLFE AND YISROEL SCHUBERT BRADLEY WIDAWER AND RAV LIPA GELDWERTH IDAN ROZIN AND ZALMAN SHAPIRO TAL BRAIMAN AND OVADIAH KRANZ

4 THERE IS NOTHING THAT DOES IT LIKE THE DAF GEMARA (PAGE OF THE TALMUD). RAV NOTA SCHILLER, ROSH HAYESHIVA OF OHR SOMAYACH AT THE JULY 3 R D MENTORS BREAKFAST 4

5 INTRODUCTION This booklet which you are holding is a crystallized "snapshot" of the infectious exuberance and excitement that the mentees and mentors experienced and exhibited throughout the stimulating learning sessions that took place over the course of the magical June 29-July 4, 2016 Mentors Mission at Ohr Somayach. This work is sure to remind us all of the Talmudic excellence that was achieved during the mission, as Talmud novices and vets alike raised important questions, incisive points, and penetrating insights; many of the very same points that are raised in the classic works of some of the greatest Torah minds of all time. We are forever grateful to have had Rav Lipa Geldwerth Shlita, Rabbi of Khal Kol Torah in Brooklyn, NY, join this Mentors Mission. His talks, lectures and devotion to all, so elevated the experience and inspired all of the participants. This pamphlet is his brainchild and the final product attests to his erudition and scholarship, as well as his outstanding dedication to the program. May he be blessed with tremendous success teaching, inspiring and educating for many years to come in the best of health. The original source material for the topic of our learning sessions was skillfully compiled by Rav Yitzchok Breitowitz Shlita, Rov of Kehillas Ohr Somayach and we thank him for presenting the topic in a manner that was so conducive to the advancement of Talmudic analysis and examination. Thank you to all of the mentees and mentors for creating the Torah thoughts that form this ambitious academic souvenir. May we all continue to plumb the depths of our timeless wisdom with vigor, as each one of us continues to uncover our own Chelek, our own share in Torah; V'Sein Chelkainu b Torasecha. Best Regards, Rabbi Binyomin Schonblum 5

6 GIVE AND TAKE משא ומתן - משא ומתן L. G. 6

7 JON MORRIS ASKED SHMUEL ROTHMAN AND DR. JONATHAN LEWIN The Talmud in Sanhedrin 74a teaches us that under specific, unfavorable circumstances one is to sacrifice his life in order not to violate one of the Torah s commandments, or undermine Jewish customs. This is known as Kiddush Hashem, the sanctification of G-d s name, derived from the passage בתוך בני ישראל ונקדשתי I shall be hallowed in the presence of the Children of Israel. Now we know that the Torah s commandments do not always apply to women as they do to men. For example women are exempt from academic Torah studies, from the donning of Talis and Tefillin, they are not obligated to "take" the Four Species or dwell in the Sukkah on the Yom Tov of Sukkos to cite just a few. Now that being said, would they thus be exempt from Kiddush Hashem? [This question is empowered by the language of the passage " "בתוך which literally means amongst the Sons of Israel which elsewhere implies "sons and not daughters".] 7

8 DAVID ELLAYSON ASKED DR. JONATAN LEWIN We learned in this Sugya that save for several exceptional instances, one is forbidden to sacrifice his life in order to perform a Mitzvah a Biblical commandment or in order not to violate a Biblical injunction. Therefore, I was wondering with respect to Jewish martyrdom: A) The martyrs of the ancient fortress of Masada following the destruction of the Second Temple, those who committed suicide in order that they not fall into enemy, Roman hands, did they do Halachikly speaking the correct thing, or were they wrong? B) Similarly, the tragic uprising in the Warsaw Ghetto (as well as lesser known resistances) during the Holocaust which, not unpredictably, resulted in the Ghetto s total liquidation was it allowed according to Halacha? 8

9 9

10 RUVIN DANILOV ASKED SRULI NOTIS Studying this topic of Kiddush Hashem, we were also taught related precepts as codified in the Mishneh Torah of the Rambam (Maimonides) such as the laws of Moser [literally "deliverer"]: If one is threatened with the death of all the inhabitants of a town if he does not provide one unspecified- scapegoat for the enemy to execute, he dare not do so, such delivery is categorically forbidden, the lives of the entire population is forfeited, and one dare not provide such a sacrificial lamb. (However, if a particular and specific victim is demanded and the selection is not ours the victim is tragically delivered.) Now my question is: a case wherein no one is delivering another Jew, may one volunteer and offer to die, in other words: deliver "himself"- in order to save the rest of the town, or may no Jew ever deliver another Jew, including his very own self? 11

11 DANIEL PELTSMAN ASKED RABBI YISROEL GOLDMAN A) As learned in the Talmudic Tractate of Sanhedrin, Folio 74b, all commandments require personal and ultimate sacrifice if the tormentor demands the transgression in a public scenario. The Talmud derives - from Biblical exegesis - that such a scene is defined as a mass of ten people (with at the very least, some of the witnesses being Jewish). Is the victim, himself, included in this quorum of ten, thus requiring no more than nine others, or not? Furthermore were the coercer himself to be Jewish, would he similarly help constitute this quorum of ten? B) The Talmud in Sanhedrin 74a rules that one dare not sacrifice a Jewish life, including his own, in order to fulfill or uphold one of the 613 Biblical commandments. This is taught from the passage בהם וחי You are to live by them (the Mitzvos commandments) and not die by them. This is true for all 613 save three: idolatry, murder and illicit relations. To avoid their transgression one must sacrifice his very life. Each is derived from Scripture. I do understand the severity of idolatry since it violates and undermines the most basic fundamental of the Jewish religion, the exclusive uniqueness of G-d himself. Similarly I appreciate the sanctity of human life, and the logic that one's "blood is no redder than his fellow-jew's". Yet inappropriate relations between individuals do not seem to rise to that severe plateau for which one should sacrifice his life. 11

12 RUVIN DANILOV ALSO ASKED SRULI NOTIS THE ABOVE QUESTIO N C) We have learned that there is a critical difference between acts of transgression committed in public which may require Kiddush Hashem and acts done in private which for most Mitzvos (commandments) would require self-sacrifice. However, in today s technologically advanced society where everything is almost instantly available to the public (aka Facebook, Instagram, What's App, and the like) are the guidelines still the same? Is "public" a quorum of 10 people, and that s it! Or does the criterion possibly change with this new reality? "פרהסיא" 12

13 JASON KATZ AND JORDAN POLLACK POSED THE FOLLOWING TO RAV MORDECHAI PRAGER In the Talmud it is established (Sanhedrin 74a) that no Jew may take another Jew s life, not to save his own or anyone else s life. In ancient times when gladiators were compelled to fight each other to the death, what if both were Jewish, would each one be Halachikly permitted (or even obligated) to fight? If no one is "victorious" by means of killing his combatant, then both are to be put to death in cruel retribution by the disappointed rulers. Thus, may one view his opponent as his Rodef one's assailant, attempting to kill him, for which- if need be- he may kill him in self-defense. Or, is this an example of our very lesson which we are studying, that the Torah prohibits the killing another Jew in order to save one's life. Also, if we would restrict him from combat and he obeys the Halacha therefore refusing to participate, only to learn that the other does not desist, may he now react in pure selfdefense, and view the now willing participant as a bona fide Rodef? 13

14 DAVID ANDROPHY ASKED SHMUEL DOV VOGEL THIS QUESTION AS WELL AS THE FOLLOWING ONE We just learned that under certain rare circumstances a Jew must give up his life not to violate one of the commandments. One such scenario is when the government imposes a harsh edict against Jewish practices. If not in a public forum for which we know that one may not transgress since the Torah demands " בתוך בני ישראל "ונקדשתי - I am to be sanctified in the presence of the Jewish people (a quorum of ten) and he must give his life, why is this scenario of governmental coercion tantamount to a public dishonoring forum? Why is, indeed, submitting to a violent dictator such a disgrace of His Name? 14

15 SASUN MISHIYEV ASKED RABBI YAAKOV FRIEDMAN, AS DID MAX SIGEL OF GEORGE KARASICK, AS DID MENACHEM KASHANIAN OF MOSHE SCHWARZMAN The Talmud derives from the rebellion of the Congregation of Korach that a public forum in which one is compelled to sacrifice his life to sanctify G-d s Name is comprised of a mass of ten people (provided that at least some of them are Jewish). Queen Esther s forced cohabitation with her husband, King Achashveirosh, while, in fact she was already married to Mordechai, is raised in the Talmud as a burning Halachik conundrum. The Talmud refers to the issue as being one of פרהסיא - a public affair. How? Their cohabitation by definition was intimate and private. Where is the presence of the aforementioned "Korach-like" quorum? 15

16 THEODORE KRAVETSKY ASKED YAAKOV KAPLAN Rabbi Oshry ז "ל of Holocaust fame, in his terrifying collection entitled, Responsa Mi'Mamakim ("From The Depths") depicting some of the heretofore unfathomable issues and quandaries which our people were confronted with forbids a desperate Jew from saving himself by procuring a baptismal certificate (see pages of our Mission studypacket), since this would be a subsidiary form of idolatry. Why? Christianity is not pagan idol-worship; it s a sophisticated Western religion?! 16

17 KEVIN BAUM ASKED YOSSIE BRECHER The Talmud cites the incident of Esther cohabiting with Achashveirosh as a possible example of illicit relations, and she should have according to the Sugya (topic of study) - resisted even under the pain of death. Why? She was acting in of self-sacrifice- -albeit another form- in order to save the entire nation? Does not the salvation of our entire people outweigh the uninitiated, and already victimized but not resistant- immorality of one individual woman? 17

18 SHANE WOLFE ASKED SRULI SCHUBERT We just learned there are three cardinal sins for which one must give up one's life in order not to commit them. Along with idolatry and murder the third is conducting illicit relations, adultery in particular. This is explicated in Tractate Sanhedrin pg. 74a. On page 74b, the Talmud delves into the question of Queen Esther s conduct in submitting to marriage with King Achashveirosh. The problem is based on the assumption that Esther was currently married to Mordechai. Yet, I wonder how the Rabbis know this. To the best of my knowledge, it is not cited in the Megillah of Esther, the book that relates tells the scriptural story of Purim. "לקחה לו לבת" - "לקחה לו לבית" - 18

19 BRADLEY WIDAWER ASKED RAV LIPA GELDWERTH In our examination of the topic we learned that one Jew is prohibited from killing a fellow Jew in order to save a life. What if the taking of one life would result in the saving of multiple lives? This question would also include a rescue mission in which diverting an arrow/ missile intended for a larger crowd may be desperately diverted toward a small group. Furthermore, if forbidden to do so actively, would one be held responsible if he passively, simply allows this to happen such as the diversion of a plane to plummet rather than threaten a greater target? 19

20 IDAN ROZIN ASKED ZALMAN SHAPIRO There is a rabbinical obligation to recite a blessing before partaking of food or drink (see tractate ברכה Brachos 35b). We also learned that when one forces someone to do a specific act, the action is not Halachkly/legally attributable to him. Thus, if one forces another Jew to eat non-kosher food at the penalty of death, and thehalachah now demands that he must actually eat the Treif (non-kosher) item (rather than give up his life Sanhedrin 74a) must he too, in this circumstance also make the generally obligatory Bracha one partakes? Furthermore, if one eats Halachikly forbidden food for medical reasons, would he have to recite this generally obligatory Bracha before partaking, as well? 21

21 IDAN ROZIN ASKED ZALMAN SHAPIRO AGAIN If one compels a Jew to kill a fellow Jew, or both Jews will die, should he try to save the only Jewish life possible, his own... or not?. 21

22 IDAN ROZIN ALSO ASKED ZALMAN SHAPIRO We studied the novel ruling of the Rambam (Maimonides) that though one must forfeit his own life under the extreme duress of kill or be killed, in the event he succumbs to the threat and, indeed does actually kill his fellow Jew, he is free of the death penalty which a guilty murderer normally faces. This is so since liability is determined by the freewill of the perpetrator. קל וחומר With respect to idolatry, the Rambam states the same and then by means of a (an argument a fortiori) he exempts one from all lesser violations. Why then does he expressly specify illicit relations? 22

23 TAL BRAIMAN ASKED OVADIAH KRANZ The Talmud in our Sugya relates the story of the mayor of a town commanding one Jew to kill another. Of course, Rabba, the great Amoraic sage when asked replied with the famous Halachic phrasing and ruling: "your blood is no redder than his!" Why did not Rabba view the mayor as a "Rodef" and tell the inquirer to kill him? Perhaps, he, indeed, is a Rodef by virtue of his power and that's why the Talmud explicated his rank, as opposed to anyone else. Perhaps, such action would endanger the entire city since the mayor's people being in control of the town and the lives of the inhabitants could retaliate and kill all.. 23

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