Rabbi Joseph B. Soloveitchik on the Brisker Method
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The Genius and Limitations of Rabbi Joseph B. Soloveitchik Z"L
The Genius and Limitations of Rabbi Joseph B. Soloveitchik z"l Byline: Rabbi Dr. Nathan Lopes Cardozo is Dean of the David Cardozo Academy in Jerusalem. Thoughts to Ponder 529 The Genius and Limitations of Rabbi Joseph Ber Soloveitchik z”l * Nathan Lopes Cardozo Based on an introduction to a discussion between Professor William Kolbrener and Professor Elliott Malamet (1) Honoring the publication of Professor William Kolbrener’s new book “The Last Rabbi” (2) Yad Harav Nissim, Jerusalem, on Feb. 1, 2017 Dear Friends, I never had the privilege of meeting Rav Soloveitchik z”l or learning under him. But I believe I have read all of his books on Jewish philosophy and Halacha, and even some of his Talmudic novellae and halachic decisions. I have also spoken with many of his students. Here are my impressions. No doubt Rav Soloveitchik was a Gadol Ha-dor (a great sage of his generation). He was a supreme Talmudist and certainly one of the greatest religious thinkers of our time. His literary output is incredible. Still, I believe that he was not a mechadesh – a man whose novel ideas really moved the Jewish tradition forward, especially regarding Halacha. He did not solve major halachic problems. This may sound strange, because almost no one has written as many novel ideas about Halacha as Rav Soloveitchik (3). His masterpiece, Halakhic Man, is perhaps the prime example. Before Rav Soloveitchik appeared on the scene, nobody – surely not in mainstream Orthodoxy – had seriously dealt with the ideology and philosophy of Halacha (4). Page 1 In fact, the reverse is true. -
Chapter 2 Tort Liability in Maimonides
CHAPTER 2 TORT LIABILITY IN MAIMONIDES’ CODE (MISHNEH TORAH): THE DOWNSIDE OF THE COMMON INTERPRETATION A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” B. THE OWNERSHIP AND STRICT LIABILITY THEORY VS. THE FAULT-BASED THEORY (PESHIAH) (1) The Difficulties of the Concept of Peshiah (2) The Common Interpretation of the Code: The “Ownership and Strict Liability Theory” C. EXEGETICAL AND CONCEPTUAL DIFFICULTIES OF THE COMMON INTERPRETATION OF MAIMONIDES (1) Maimonides did not Impose Comprehensive Strict Liability on the Tortfeasor (2) Maimonides’ Use of the Term Peshiah in Different Places (3) The Theory of Ownership Contradicts Various Rulings in the Code (4) The Problem with Finding a Convincing Rationale for the Ownership Theory D. DIFFICULTIES IN UNDERSTANDING SOME ELEMENTS OF TORT LIABILITY MENTIONED IN THE CODE (1) Rulings that are Difficult to Interpret according to Either Ownership or Fault-Based Theories (2) Providing a Rationale for the Exemption in Tort (3) Standard of Care in Damages Caused by a Person to the Property of Another: Absolute/Strict Liability or Negligence? (4) Deterrence of Risk-Causing Behavior E. RE-EXAMINING THE OPENING CHAPTER OF THE BOOK OF TORTS IN THE CODE: CONTROL AS A CENTRAL ELEMENT OF LIABILITY IN TORT F. CONCLUSION 1 A. INTRODUCTION: THE MODERN STUDY OF JEWISH TORT THEORY AS A STORY OF “SELF- MIRRORING” Isidore Twersky showed us that “[t]o a great extent the study of Maimonides is a story of ‘self- mirroring’,”1 and that the answers given by modern and medieval scholars and rabbis to some questions on the concepts of Maimonides “were as different as their evaluations of Maimonides, tempered of course by their own ideological convictions and/or related contingencies.”2 Maimonides’ opening passages of the Book of Torts (Sefer Nezikin) in the Code (Mishneh Torah) can also be described as a story of “self-mirroring”. -
Sunday, May 24Th 2020
Rabbi David Stav Yeshivat Hakotel Presents Be Inspired for Shavuos and Matan Torah An Unprecedented Worldwide Achdus Learning Experience The World’s Leading Rabbonim, Educators, and Speakers ראש חודש יו, תש“ - SUNDAY, MAY 24TH 2020 US CENTRAL: 9:00 am - 1:30 pm US WEST: 7:00 am - 11:30 am US EAST: 10:00 am - 2:30 pm / / UK: 3:00pm - 7:30 pm / ISRAEL: 5:00 pm - 9:30 pm Chief Rabbis Chief Rabbi Shlomo Amar Chief Rabbi Yisrael Meir Lau Chief Rabbi David Lau Chief Rabbi Yitzchak Yosef Chief Rabbi Warren Goldstein, South Africa Chief Rabbi Ephraim Mirvis, UK Rabbi Lord Jonathan Sacks, UK Senior Roshei Yeshiva Rav Yaakov Bender, Yeshiva Darchei Torah Rav Yisroel Reisman, Torah Voda'as Rav Yitzchak Berkovits, Aish Hatorah Rav Hershel Schachter, RIETS Rav Reuven Feinstein, Yeshiva of Staten Island Rav Asher Weiss, Minchas Asher Rav Avigdor Nevenzahl, Yeshivat Hakotel Rav Baruch Wieder, Yeshivat Hakotel Distinguished Speakers Rebbetzin Aviva Feiner Rav David Aaron Rav YY Jacobson Rav Michael Rosensweig Rebbetzin Tziporah Gottlieb (Heller) Rav Elimelech Biderman Rav Zev Leff Rav YY Rubinstein Mrs. Michal Horowitz Rav Mendel Blachman Rav Aryeh Lebowitz Rav Jacob J. Schacter Mrs. Chani Juravel Rav Yitzchak Breitowitz Rav Menachem Leibtag Rav Ben Zion Shafier Mrs. Yael Kaisman Rav Steven Burg Rav Aharon Lopiansky Rav Efraim Shapiro Mrs. Miriam Kosman Rav Dovid Cohen Rav Eli Mansour Rav Moshe Taragin Rebbetzin Lauren Levin Rav Eytan Feiner Rav Judah Mischel Rav Reuven Taragin Mrs. Sivan Rahav Meir Rav Dovid Fohrman Rav Shraga Neuberger Rav Hanoch Teller Rabbanit Yemima Mizrachi Rav Yoel Gold Rav Noach Isaac Oelbaum Rav Dr. -
Guide to the Yeshiva
Guide to the Yeshiva The Undergraduate Torah Experience For answers to all your Yeshiva questions, email [email protected] Our Yeshiva has a long and profound history and legacy of Undergraduate Torah Studies Torah scholarship and spiritual greatness. Our roots stretch back to the Torah of Volozhin and Brisk and continue in WELCOME TO THE YESHIVA! our Yeshiva with such luminaries as Rav Shimon Shkop We have assembled in one Yeshiva an unparalleled cadre of roshei yeshiva, rebbeim, mashgichim and support staff to enable you to have an uplifting and enriching Torah experience. We hope you will take and Rav Yosef Dov Soloveitchik. As you enter Yeshiva, you full advantage of all the Yeshiva has to offer. will not only partake of the great heritage of our past but, Hatzlacha Rabbah! together with your rebbeim, will forge a glorious future. Rabbi Dr. Ari Berman Rabbi Zevulun Charlop President Dean Emeritus Special Assistant to the President Rabbi Menachem Penner Rabbi Dr. Yosef Kalinsky The Max and Marion Grill Dean Associate Dean Glueck Center, Room 632 Undergraduate Torah Studies 646.592.4063 Glueck Center, Room 632 [email protected] 646.592.4068 [email protected] For answers to all your Yeshiva questions, email [email protected] 1 Undergraduate Torah Studies Programs Yeshiva Program/Mazer School The James Striar School (JSS) of Talmudic Studies (MYP) This path is intended for students new to Hebrew language and textual study who aspire to attain This program offers an advanced and sophisticated a broad-based Jewish philosophical and text classical yeshiva experience. Students engage education. Led by a dynamic, caring faculty and in in-depth study of Talmud with our world- with daily mentoring from students at YU’s renowned roshei yeshiva. -
How Are We to Determine What God Wants? Reason, Revelation, Or Both
107 How are we to determine what God wants? Reason, Revelation, or Both By: NETANEL WIEDERBLANK Intuiting the Infinite: The Role of Sevara in Determining the Divine Will Why do I need a Biblical verse to teach me this idea? It is a sevara! (Bava Kamma 46b; Ketubbot 22a; Niddah 25a) With this interrogative, the Talmud declares that sevara1 is binding.2 More- over, anything that can be derived by sevara need not be stated explicitly in the text. The purpose of the Torah, it would seem, is to tell us what we would not have known otherwise. Thus, frequently, the Talmud will rein- terpret a verse that seems to be teaching us something obvious in such a way that it provides additional content.3 4 1 The word sevara defies precise translation. In modern Hebrew, sevara generally means conjecture, opinion, or supposition. In the Talmud, however, the term refers to something known to us through logic or reason, or, put more broadly, knowledge acquired through our intellect without proof from scripture or tradi- tion. As we shall see, it is by no means limited to rigorous syllogistic logic; rather, it reflects a human’s capacity to use his or her intellect to determine that which is true and that which is right. Frequently, the term is used in contrast to gemara, which refers to transmitted knowledge (see Eruvin 60a, Yevamot 25b, and Bava Batra 77a). 2 The assumption that sevara sometimes has the status of biblical law is almost universal. See Sdei Hemeḍ (ma’arekhet samekh, klal 63), who considers the possi- bility that this may not be the case. -
1 I. Introduction: the Following Essay Is Offered to the Dear Reader to Help
I. Introduction: The power point presentation offers a number of specific examples from Jewish Law, Jewish history, Biblical Exegesis, etc. to illustrate research strategies, techniques, and methodologies. The student can better learn how to conduct research using: (1) online catalogs of Judaica, (2) Judaica databases (i.e. Bar Ilan Responsa, Otzar HaHokmah, RAMBI , etc.], (3) digitized archival historical collections of Judaica (i.e. Cairo Geniza, JNUL illuminated Ketuboth, JTSA Wedding poems, etc.), (4) ebooks (i.e. HebrewBooks.org) and eReference Encyclopedias (i.e., Encyclopedia Talmudit via Bar Ilan, EJ, and JE), (5) Judaica websites (e.g., WebShas), (5) and some key print sources. The following essay is offered to the dear reader to help better understand the great gains we make as librarians by entering the online digital age, however at the same time still keeping in mind what we dare not loose in risking to liquidate the importance of our print collections and the types of Jewish learning innately and traditionally associate with the print medium. The paradox of this positioning on the vestibule of the cyber digital information age/revolution is formulated by my allusion to continental philosophies characterization of “The Question Concerning Technology” (Die Frage ueber Teknologie) in the phrase from Holderlin‟s poem, Patmos, cited by Heidegger: Wo die Gefahr ist wachst das Retende Auch!, Where the danger is there is also the saving power. II. Going Digital and Throwing out the print books? Critique of Cushing Academy’s liquidating print sources in the library and going automated totally digital online: Cushing Academy, a New England prep school, is one of the first schools in the country to abandon its books. -
Young Israel Shomrai Emunah - Shabbos Shorts May 1 - 2, 2020 - 8 Iyar 5780 - Parshas Acharei Mos/Kedoshim Light Candles by 7:43 - Havdalah 8:47
Young Israel Shomrai Emunah - Shabbos Shorts May 1 - 2, 2020 - 8 Iyar 5780 - Parshas Acharei Mos/Kedoshim Light Candles by 7:43 - Havdalah 8:47 The Shabbos Shorts is sponsored this week by Debi and Max Rudmann in commemoration of the Yahrtzeit of Debi’s brother, Moshe Baruch Ben Natan Hacohen, Z”L. Mazal Tov Weekday Shiurim • Masha & Seth Katz on the engagement of their son, Yisrael Menachem, Options for remote learning are listed below. For the latest list, to Esther Yehudis, daughter of Naomi & Jan Meisler. Mazal Tov to go to https://wp.yise.org/remote-learning-schedule/ grandparents Howard Katz, Bobbi & Jules Meisler, and Beverly • Rabbi Rosenbaum - Daily - one chapter of Tehillim Rosenstein. Mazal Tov also to Yisrael's brothers, Hershel and Meir, and followed by a 15-minute Shiur on the Parsha. Sunday 9:00 Esther's siblings, Nossi and Chaya Malka, as well as to aunt & uncle AM/Monday through Friday 8:30 AM - Zoom A. Aliza & Manasseh Katz, and the extended Katz and Meisler families. • Rabbi Rosenbaum - Daily - one chapter of Tehillim, followed by a 15minute Halacha Shiur. Sunday through • Lois & Sid Meyers on the marriage of their granddaughter Shoshana Thursday, 7:30 PM - Zoom A. Strauss, daughter of Jessica & Rabbi Yekusiel Strauss of Fallsburg, NY, • Rabbi Rosenbaum’s Mussar Study Group for Women to Moshe Gleich, son of Rivka & Doniel Gleich of Monsey, NY. (spiritual self-improvement), Sundays at 9:30 AM, Zoom A. • Mindy & Shmuel Tolchinsky on the birth of a granddaughter, Toba • Rabbi Rosenbaum’s Gemara Shiur for Men, Tuesdays and Liba, to their children Motti & Batsheva Tolchinsky of Cleveland, OH. -
Gedolei Torah at the · ,, ·
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Rabbi JB Soloveitchik's Between Philosophy and Halakhah Joel West
Overinterpreting Maimonides: Rabbi J. B. Soloveitchik’s Between Philosophy and Halakhah Joel West Do I contradict myself? Very well then, I contradict myself. (I contain multitudes). (Whitman 1892) The question of reading and understanding religious texts in the contexts which they were meant to be interpreted is crucial, since some of those religious texts which have survived and currently exist, and which we wish to interpret in a fair context, only exist in fragments or in translation. An example of the first kind of text is the Dead Sea scrolls of Qumran. An example of the second kind of text is the Book of Maccabees, which now only exists in translation. Of a third kind, we have the book of Judith, which may or may not be a translation of a text. We, as temporally displaced readers, must understand that the actual empirical production of these texts happened under various circumstances, so that the history and historicity of any religious texts, their pedigree if you would, becomes as important to the scholar, as the texts themselves. We can even state that in modernity, we may have similar issues of readership. To supply an example, while we know that Rabbi Soloveitchik’s graduate seminars on the topic of The Guide of the Perplexed (Maimonides 1963) did indeed take place at Yeshiva University in the late 1950’s, the relationship between those lectures and the document we have in hand today, Maimonides - Between Philosophy and Halakhah: Rabbi Joseph B. Soloveitchik's Lectures on the Guide of the Perplexed at the Bernard Revel Graduate School (1950 - 51) (Kaplan 2016) is extremely important and must be examined closely. -
Constructed and Denied: “The Talmud” from the Brisker Rav to the Mishneh Torah
CHAPTER SEVEN CONSTRUCTED AND DENIED: “THE Talmud” FROM THE BRISKER RAV TO THE MISHNEH TORAH Sergey Dolgopolski The construction of the medieval in modernity both implies and sheds light on the construction of the ancient in the Middle Ages; together, these actions shed further light on the nature of the shifting subject position from which such seemingly objective historical epochs are constructed. Of course, the notion that many things—identities, gen- ders, and epochs among them—are “constructed” is a postmodern truism, but what does this construction entail? The concept of “construction” often is simplistically understood as the opposite of and corrective for the positivist notion that things just naturally “are.” Yet what exactly makes a constructed object “objective” or “natural” is no trivial matter. Attributing the process of construction to an agent, say to “society,” as in the clichéd term “a social construct,” makes “society” the agent in this process, which is no less naturalistic than the “naturalistic” position it purports to oppose. Although construction implies an agent, construction is not a mat- ter of pure fabulation, of making things up from scratch. Rather, it implies extracting objects from their “natural” positions and assem- bling them into a new unity. Construction is in effect the inverse of the Romantic conception of expression, in which the subject, typified by the artist, openly puts his or her thoughts and emotions on display and even stresses them, in part at the expense of objectivity or “realism” in the representation of objects. By contrast to both naturalism and expressionism the construction of “objective” phenomena is attained by the withdrawal of the subject from the representation, as if, even though constructed, the representation is still objective. -
Guide to the Yeshiva
YU Admissions Guide to the Yeshiva The Undergraduate Torah Experience Welcome to Yeshiva! Our Yeshiva has a long and profound history and legacy of Torah scholarship, Jewish values, and spiritual aspirations. Grounded in the world-view of Rav Yosef Dov Soloveitchik and guided today by our world-renowned Roshei Yeshiva, we prepare each student on his personal path to greatness. We have assembled in one Yeshiva an unparalleled group of warm Rebbeim, insightful Mashgichim, and helpful support staff to enable you to have an uplifting and enriching Torah experience—ranging from beginner to advanced 3 Yeshiva Program/ levels. Beyond the Beit Midrash and classroom Mazer School of Talmudic Studies (MYP) learning, we provide programming, shabbatonim, 4 Isaac Breuer College of and extracurricular events with Rebbeim, often in Hebraic Studies (IBC) their homes. As you decide where you will spend 7 The James Striar School the next stage of your life’s journey, we hope that (JSS) you will join us here in Yeshiva and take full 8 Irving I. Stone Beit Midrash advantage of all that we have to offer you here. Program (SBMP) 10 Masmidim Program With Torah Blessings, 13 BA/Semicha Program 14 Support Staff Administration/ Mashgichim/ Madrichim/ Shiur Assistants 16 Annual Programming Rabbi Dr. Ari Berman, Rabbi Dr. Yosef Kalinsky, President Dean ROSHEI YESHIVA AND REBBEIM Rabbi Elchanan Rabbi Eliyahu Rabbi Mordechai Rabbi Yitzchak Rabbi Daniel Rabbi Meir Adler Ben-Haim Benhaim Cohen Feldman Goldwicht Rabbi David Hirsch Rabbi Dr. Dovid Rabbi Aharon Kahn Rabbi Eliakim Rabbi Yaakov Rabbi Hershel Horwitz Koenigsberg Neuburger Reichman Rabbi Dr. Michael Rabbi Avi Sarfaty Rabbi Hershel Rabbi Eliahu Rabbi Baruch Rabbi Zvi Rosensweig Schachter Baruch Shulman Simon Sobolofsky Rabbi Daniel Stein Rabbi Dr. -
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F i n e Ju d a i C a . he b r e W pr i n t e d bo o K s , ma n u s C r i p t s , au t o g r a p h Le t t e r s & gr a p h i C ar t K e s t e n b a u m & Co m p a n y We d n e s d a y , oC t o b e r 27t h , 2010 K e s t e n b a u m & Co m p a n y . Auctioneers of Rare Books, Manuscripts and Fine Art A Lot 315 Catalogue of F i n e Ju d a i C a . PRINTED BOOKS , MANUSCRI P TS , AUTOGRA P H LETTERS & GRA P HIC ART Including: German, Haskallah and Related Books from the Library of the late Philosopher, Prof. Steven S. Schwarzschild Exceptional Rabbinic Autograph Letters: A Private Collection American-Judaica from the Library of Gratz College (Part II) Featuring: Talmudic Leaves. Guadalajara, 1480. * Machzor. Soncino, 1486. Spinoza, Opera Posthuma. Amsterdam, 1677. Judah Monis, Grammar of the Hebrew Tongue. Boston, 1735. The Toulouse Hagadah, 1941. Extensive Kabbalistic Manuscript Prayer-Book, 1732. Manuscript Kethubah. Peoria, Illinois, 1861. ——— To be Offered for Sale by Auction, Wednesday, 27th October, 2010 at 1:00 pm precisely (NOTE EARLIER TIME) ——— Viewing Beforehand: Sunday, 24th October - 12:00 pm - 6:00 pm Monday, 25th October - 10:00 am - 6:00 pm Tuesday, 26th October - 10:00 am - 6:00 pm NO VIEWING ON THE DAY OF SALE This Sale may be referred to as: “Agatti” Sale Number Forty-Nine Illustrated Catalogues: $35 (US) * $42 (Overseas) KestenbauM & CoMpAny Auctioneers of Rare Books, Manuscripts and Fine Art .