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Rav Nachum Fruber's Valedictory Advice to Dayanim - Rav J David Bleich
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I asked for Mordecai to distribute an
article from the Knesset Ayonim Tofshin
Ein Hey.
Uh I distributed it for three reasons.
There are three basic parts to this uh
article. Uh the first is Hilchos Gittin
and the second is Choshen Mishpat and
the third is what I want to talk about.
>> [laughter]
>> But the first one uh he it tells us that
he was it doesn't tell you how long he
was a Dayan, but I figured it out. He
was a Dayan for over 35 years in Tel
Aviv. Uh
A
froo a froober. A froober? Nochum
Froober. Yeah?
Okay, you knew the name. I didn't know
the name. I didn't know the name either
till relatively recently. Now, if you go
Googling some of these things, you find
things you never heard of before, which
is part of our problem. I'll talk about
that later.
>> [snorts]
>> Uh and the whole place is the Knesset
Ayonim, which I didn't know existed
until a couple of years ago. It's
apparently once a year they have a an
Assifa of one kind or another and people
present papers. Uh yeah, Baruch Hashem,
fine. It's good. There's some good stuff
here. And they know they're they're all
together and they're they're
Teshuvos also up in the papers. Not I
presume that only part portion of what
they said is recorded here, but whatever
it is. The first part is he says that
for the till a year and a half, this is
his valedictory address. This is he's
retiring from the Beis Din, which means
he was 70 at the time. He says up till a
year and a half he was became a Dayan at
33, 34. Till a year and a half before,
he wasn't the Sader a single Get.
Uh yeah, he says, "Okay, I can tell you
somebody else who wasn't the Sader a
single Get. Uh Rav Waldenberg, who's a
kind of a Rov in all his years on the
Beis Din in Yerushalayim, he wasn't the
Sader a single Get. How do we know that?
Because an Areich Din let me in on the
secret. He was Masig L'fi Tumah. He was
very angry because they often had
whatever they had there. They have the
bell, they have the Isha, and they have
the you name their Sukkot, and finally
you come to ask him, and that's when you
call in the safer, and you're supposed
to write a get. But he wouldn't be
beside of the get. So they had to go run
looking places or postponing it. And
this thing was a theory he didn't like
this business. He [snorts] would
complain. Takes my score it. But he
won't be beside of her get. Now I know
very well why he would be beside of her
get and told me all of Rocky wasn't
beside of her get. He had other people
to do it. I suspect that that's why
Fruer didn't do these either.
But here, since he was doing it, uh
he then says to
the day of name or whoever they were,
I'm
not going to translate because if you
need a translation, you shouldn't be
here. And the people out there if you
need a translation, shouldn't be
listening either.
>> [snorts]
[snorts]
>> We are talking
>> Kenosha's all work all work. Little
matters nice that he not call see say
this is a civil etc. etc. etc. etc.
That's that's capital number one. That's
the see him on Hillcrest getting. Then
comes the
the introduction to Hashim is the next
going to be a session. Every day and
should read this part.
But in the same Arabi, I can't blame
anybody.
It's different in Israel. In Israel, you
have a separate the diner, you have an
office I presume.
There's somebody doing that have
secretaries. Most of them don't have
anybody. So, people call the day if for
nothing else to set a time. And the
problem is that you have
to do so coolly. Get it the armor. I can
get every socked in rejected by a court
if you try to enforce it as they as in
the word of arbitrators. There is always
ex party
communication. That's a no-no. That's
enough to get it thrown out. I don't I
suspect the lawyers don't realize what's
going on in the voting because they go
all kinds of diners.
Every once in a while somebody
goes with this and he wins. They used to
they don't even raise it, but they raise
it they throw out the thing all
together. You can't have any acid. He he
has schools that won't work in America.
His school is he tells you I'm not going
to go over it. He tells you that he
never saw anybody not a man not a woman
without somebody else being in the room.
Either a diner or separate the diner the
diner or some shamans over there
whatever it is never alone and never a
telephone call. He won't take a
telephone call from anybody. That's
correct. You can't take a telephone call
from anybody. He even has a story I'll
tell you in a moment that um
the
but he seems to think that somebody else
is there is good enough. In Israel,
maybe good enough I don't know. Here
somebody else is there is not good
enough at all. If you speak with one
side without the other side being
present or the attorney for the other
side being present, you can get the
whole decision thrown out. Good, fine.
He tells me that in one case somebody
came to him
through our Rabbi Yashiv wants to talk
to him on the telephone.
It was
one of Rabbi Yashiv's staff. So I don't
know who he was. He said, "I'm sorry. I
can't talk to Rabbi Yashiv on the
telephone. If Rabbi Yashiv wants me to
come, I'll come see him. But I can't
talk to him about the case that's before
the person." And the guy got says he got
insulted. He backed Rabbi Yashiv. Then
he came to him a second time to ask me
to leave. He says, "Rabbi Yashiv says to
Zadek,
you can't listen to one side without the
other. He has no right to listen to one
side without the other. Any message he
was going to give him from me, he can't
they can't do things like this." Okay.
So that's the
that's the the second part. Now comes
the part that I really want to talk
about. And that is Mosullai
and what's going on in the vote of din
in Eretz Yisrael today. Now why did I
give you this I asked you to read this
article Rabbi Shmuel
because I don't own a cup of tea.
And who am I to criticize the vote of
din of Eretz Yisrael? But I can hide
behind Rabbi Shmuel's cup of tea.
If he said it, I draw your attention to
things that he said. If he happens to be
right, he's right. What can I do about
it? But you should read it. It has to be
read.
And again, the problem our problem in
America is that we don't know what's
going on in Eretz Yisrael. In Eretz
Yisrael they don't know what's going on
in Eretz Yisrael. Among the Charedim,
the vote of din, they don't go to the
vote of din all together. So nobody
knows what's going on in the vote of
din.
They're everybody knows about the Piskei
Din Rabbonim or we know about the Piskei
Din Rabbonim.
I have never been in any Beit Midrash
in which I could find a single volume of
the vote of din of the Piskei Din Shel
Piskei Din Rabbonim.
I
I know why.
>> It's so have money.
>> Yeah, number one is very expensive.
I can Xerox it
page from
for less than it cost to buy any single
volume. In addition to everything else,
they don't have it
maybe because it's too much. But
basically because it's published by a
legal press, people who publish
legal volumes. And this is another one
of them and it doesn't get into whatever
it is. There are other things that are
out there
and
in addition to the
there is
I didn't buy the iron. The New York Law
Journal know all about. I can get a
concise every a precis summary of every
case in New York that's worth reporting
about by taking the New York Law Journal
which appears daily and here there's a
by the iron it's a little conference
that comes all all the time and they
even tell you what is an error it tells
you which is the the the side thing in
the best and and the alien
and the whole business there. Not to
speak about the other
>> Every computer has the iron in the iron
in the law.
In the iron online repository
have all these encyclopedia and they
have all the iron.
>> They have the iron in the law.
Yeah, okay. I don't know
>> It's not organized as well. It's by page
number. So if I don't know what page I'm
looking for it then it's useless.
But it's there.
>> On iron
>> On on on the
I know it's they have page numbers.
The only problem is I'm computer
illiterate.
Yes. Yeah, I I I have it.
>> Um
excuse us but Rob I've heard that the
Asia style is in the iron.
>> That's not true.
>> [laughter]
>> Okay. I mean I give her full credit for
everything that she does.
The part of the reason that I am not
computer literate is because I watch her
at the computer and she gets terribly
frustrated.
The ones who are literate are my
grandchildren.
When I when she has a problem, she calls
the grandchildren and they know how to
do everything immediately. But till I
get there, it's my son computer
literate. I can't I can't
>> I know it's
depending on who's working in the office
that year, they send out a digest of
recent Piskei Din once a month or so.
>> I don't believe that exists. Is that the
Din by Din?
>> No, it's just recent Piskei Din of the
the three months before. [clears throat]
>> Once upon a time in Italy,
they used to print the Piskei Din singly
and then put them together. I haven't
seen a single Piskei Din at all in
place. I saw it's unnecessary anymore.
Now it's on the computer. Nevo, I didn't
know Nevo was till a few months ago.
Nevo seems to have all kinds of things
in the Piskei Din and no place else. No,
I don't know it's a site. It's got the
the the the the the Botei Din
and it's got lahavdil. I say lahavdil,
they have three Piskei has Piskei Din,
not all of them. Only a small percentage
of Piskei Din are published altogether.
And most of them aren't published. And
from what gets to Nevo into the Piskei
Din and Rabbonim also is only a
a real Piskei small percentage. So
basically we don't know what's going on
there.
>> It's definitely selective. There
are definitely selective ones that are
produced, but there are repositories of
all the Botei Din in in all the
different networks of Botei Din in Eretz
Yisrael that they all are all many of
them are featured on a website called
Sefaria.org.
Where they have all
>> Sefaria?
>> Sefaria.
>> So it's called?
>> Sefaria. Yeah. And they have all the
Eretz Hemdah Botei Din
>> You see it? Yes, I was about to talk
about all the others that exist. Their
individual dayanim came to forget about.
There are more important things in their
slumbers. Individual dayanim who have
been publishing their own decisions.
Yeah. And those are collected in their
own volumes. And you try to get them in
the libraries.
And then you you can't find them. How
long are we waiting for Rav Sherman's
safer on on
We're going to go on a little bit more.
Not to speak about even things like from
Goldberg I can't get in America. Those
already it says it comes from the
uh Itzchak Weiss came and it's a gunze
firma there and they have distribution
but you can't get it here. It's not yet.
Sorry?
We should Yeah, okay.
Uh and individual dayanim who publish. I
mean some of them you can have your next
birthday. But they they have to be you
have to know that they exist at least.
Otherwise you
you have no idea what to know
My name is Rabbi Dovid. Anyway, the uh
Uh
the parts I wanted to draw your
attention to is the section that talks
about Moishe Levi.
Now the section that talks about Moishe
Levi uh he has
a number of very important sentences
that I will read to you. But this
article I consider to be a musar sefer.
Besides what he talks about
how the hanhaga should be and and yes
among other things the the seder hadayan
that you have to listen to the with the
toyen and then you have to not to toyen
to the tedea. And then you have to
listen to his toyen. And I would add and
turn off your hearing aid. Don't listen.
Let him talk all he wants and under no
circumstances did you allow yourself to
be caught up in a discussion with the
toyen. And then you have to listen to
the nitza. And then you have to listen
to the toyen of the network. And then
the
Again, turn off your hearing aids. They
can only They can only harm things. They
can't help you. If you need him to tell
you the halachas, you shouldn't be
sitting. Uh but
anything he comes up with you can do
without. All he can do is try to read
your call and be marvelous to them.
But uh the uh
you know, again,
some of the dinim of the takana you
can't have toyenim. But you have don't
allow representation the
the thing will be thrown out of the
court.
>> You allow lawyers. You allow lawyers.
And you're but you're lucky that I don't
wear black robes. Because if any one of
your piskei dinin came to me as a judge,
I throw it out also. And
yes, I would say you have denied
effective representation. The only
people you're allowing to represent are
lawyers. I don't know what it's all
about. What kind of business is this? I
mean, it's it's it's it's it's it's a
natural law principle. It's not even
It goes beyond statute. And you're
denying this person due process of law,
what they call due process. I don't call
it due process. As far as they're
concerned, if you allow representation
by a lawyer and not by a
not by a toyen, you've denied effective
representation because the lawyer knows
what he's talking about. How could he?
And I'll prove it to you because there's
a sister law.
Every kid Every kid who goes to law
school has to have a
course in mishpat ivri because otherwise
you can't appear before the beit din. If
he knows what mishpat ivri
is about, what's what's the purpose of
it all? You can't represent anybody. All
right, Meilech. Thank heavens they don't
know it. And we'll be megaleh sod. And
the people out there shouldn't shouldn't
reveal things they're not supposed to
tell.
>> Is he [snorts] recording?
>> Mhm.
What?
>> He can delete it. It's okay.
>> We just okay. Now, [snorts]
uh
the
uh
safe to say over.
>> If the toyen is going to be in a beit
din,
I I turn off the hearing aid.
Don't listen.
He he's not What what he says doesn't
bother me. What bothers me is when they
start arguing with her.
First of all, meter's running. It's it's
it's even more than you saw. And besides
everything else, it can only
If you have dayanim
really relying on them, it's bad.
Because you can't rely on them. Of
course you can't rely on them. They tell
you what they want you to hear. They're
they're Of course they give them the
dollar. How can you even listen to them?
Okay, so that's why I turn off the
hearing aid.
They get very frustrated. They're very
unhappy. And if you're not sitting in an
established business, then they won't
bring you cases the next time. I
They know where to steer the clients. So
that's [snorts] why the dayanim allow
themselves to be caught in this. It's uh
it's a bad system. But okay, that's not
my problem today anyway.
Uh we'll talk about my salad. A few
little choice sentences.
>> [snorts]
>> the din voice alive. Now, what am I
getting into here? What I'm getting into
here is what in effect has happened in
some what they didn't learn to say among
some dayanim in recent years. By that I
mean 10 20 years, maybe a little bit
more, is that they have three ways to be
clear forget in every case wherever
there is a period for some period of
time plus what they say is
a lack of ability to affect a
reconciliation. And it's clear that
neither party wants a reconciliation. At
that point, they have three studying to
be careful yet, no less. The first is
Moise
the second is the rain
which will talk I don't forget to it
today. And the third is
the fine apology.
Those three you say this. And what he is
saying is don't tell me Moise this
doesn't make sense. Now, I want to thank
you because it's he's making a very
important point. I'll tell you things
that I that I have experienced in serial
order. The first is kind of being a
Talia many many moons ago. I was sitting
in a rough engine dining room.
We were around the table and there's the
bottom variation and the sham is
gorgeous. They're sitting on sofas a
place on the side.
And the entire time lies also your day
meet your day. They're holding hands.
And
I was young and I felt like screaming
what's going on here. If they can sit in
an hour and a half holding hands, are
you really sure they should be getting
divorced? It didn't make sense to me.
The second is
something that happened to me in Moscow.
In Moscow this is in the 70s. They were
sending people behind the Iron Curtain
to be inside of
them. And he had the old place with
that was in Russia several people.
And he had them sitting there Thursday
night and I'm interviewing the couple
Shameless
and I'm asking what's wrong here
things that I'm not supposed to ask I
understand well I'll talk about that in
a second.
And I suddenly discover that they're
planning
to be together over Shabbos in the same
bedroom.
Okay. So I tell him sorry. I'm not being
together. But the next person coming by
inside of the get is still wanted, but
I'm [snorts] not doing it. That was
point number two. You know, you know,
this is this is what's what's going on.
The third is Manuel Feldman. Manuel
Feldman wrote
two very good little books. I forgot
Atlanta?
Okay, no.
They're very good. I highly recommend
them to be just a book reading. I don't
know when that's otherwise it's a little
third. But [snorts] unless cousins
gargling you have time to look. But he
has two little books. I forgotten which
book this is. He tells a story about
somebody who lived in Atlanta and he was
a traveling salesman and the couple
separated and he comes to him before Yom
Kippur uh vidui confession. What's he
doing? They're divorced. Doesn't have a
get.
He come he doesn't you know live in
town, but he comes often enough. And
when he comes to town he takes his
ex-wife out to dinner and takes she
takes him back to bed.
And you know, they they they they you
know, this is
he what's going on here? So Manuel
Feldman tells him that what you want is
no get. Mitzvah loch, mitzvah loch. I
hope he sent it to the mikvah first, but
okay.
>> [laughter]
>> But you know, you know, and and and and
this is talking about a get. Did he
under these circumstances you be misader
a get? The other case is uh I'll come
come to that in a second. The other case
is with with with Moishe Levi.
Uh but
but there is a problem. And I I'm not
blaming anybody. The misadrei get are
right.
They realize that if you don't
if you don't take the uh
you don't season by the warrens, you can
easily have yourself an agunah on your
hands. If she if she's willing now, he's
willing now, and you don't try to make
shalom bayis, you presume I presume that
the rabbi who sent it to you a mitzvah
gedolah, you you presume it unless think
it's hard, but okay. And you're not
going to do this because if you don't do
it now, who knows you're going to get a
kid. I understand the problem. But I can
tell again, this is more recent. I I
have a little bit of TSI now. Don't
claim to be infallible. But a couple of
Mondays ago, I was evicted from this
room a little bit before 12:00 because
of the kid.
Uh I walk slowly now. But the distance
from here till beyond the little enclave
with the two seats outside is 10 ft,
maybe 12 ft, 15 ft, not more.
I didn't say a word to anybody. But by
the time I got beyond them,
again, it was bothering me. These people
didn't have to get divorced. I realized
it could have been shalom bayit here. At
least I think. Good. Okay, so I'm a bad
guy if I think that somebody really have
tried very hard to make shalom bayit
between them. Don't ask me how I know. I
know. Uh I could be wrong. But
whatever it people are very quick to get
divorced these days. And it's not it
shouldn't be. Now I'll come to boy's
law. The
another case of boy's law. I've been
dealing recently with a Saudi sh couple.
They're not from my shul. And I don't
know why they're why they come to me.
But they want to get they want to get
divorced.
And I'm trying to make shalom bayit.
And whatever is going on, there's no
reason for this couple to get divorced.
I'm telling you there's no reason to get
divorced. Come to me for
couples therapy, I can do it. Why can't
I do couples therapy? I'm not a
therapist. Number one, number two, I
don't charge.
And I see the more gain, more gain
shafia. If we're charging at $250 an
hour, they'd be doing what I tell them
to do and it would work out the end. But
it's free. What do I know? I'm not a
therapist. I'm not good at garnish.
Among the things I tried was a kind of
trial reconciliation.
And
uh
uh in the course of all this, I tell the
They're They're They're They've been
married for 25 years. And they have
children. And there's no reason I sure
you There's something wrong with him and
something wrong with her. And I know how
to cure it. But garments, they don't
listen to me.
And then, you know, we're trying a you
know, a trial reconciliation.
And I tell this woman, but one thing you
should know.
You should not going to share the same
bedroom.
Don't even try. I know the husband, he's
perfectly normal. It's not going to
work.
She grimaces
and says,
"I suppose if I have to, I will."
I'm sure that if you want to certain day
only marriage is allowed, this will be
more so lying with the grave in the
middle of the garden. I know that's what
he's saying. Don't tell me how long
you've been separated. Don't tell me all
of this. It's not more so lying. First,
we have to define more so lying, which
I'll come to in a few minutes. And then,
he proceeds to tell me the the real
point. And this is where I'm hiding
behind his kapote.
Quote, it's page 231.
In
Kiddush Levana Isis.
Bold.
Kimi who she Yoko Lakas Lakak
Negada Piskim Dailin Shein Lakai Beged
Bish Ailo Kaikha Moros Shul Gednusa. End
of the Kiddush Levana Isis. That's only
the introduction. It's the first line.
Uh again, you know, people send me, you
know, the the commentaries.
There's
There's the introduction of Rav Chaim
Halevi on Bava Metzia. If you haven't
read that, you should read it also.
In Brisk, there were no commentaries.
Everybody thinks in Brisk, there were
commentaries. There were no commentaries
in Brisk. In Brisk, there was something
else. They didn't know how to be between
the two of them.
Whoever you have a you can't be Who's
going to be connected to
So you have to end up
with other
It's there. They were probably moved
there with his family in Warsaw. It was
World War I don't know when it was. And
they caught his children with a terrible
affair.
They were drinking water outside of the
Sukkah.
And they came to be
And he was, you know,
he laughed. What water outside of the
Sukkah can taste? No, the reason
you asked me with with with
with this
No, that that they weren't they weren't
allowed of that. It was a sheet of paper
and
what's not a sheet of
Don't tell me me the status of this. I
don't know what it was. They don't
bother me.
He's saying what you would be
in the same place as a lot. Who could be
Who could be something like that? Now,
uh
Again,
this is on page 232.
The king eating gold ball after
with
with my soul alive. That's before that.
And then a few lines later,
Ooh.
I was
That says you could be
crazy.
a day of this effort.
So who's in the area?
He's saying absolutely. You think you're
so You think that you're made of crazy
your shot. things and you can be mocked
because
dying plane used to suck last week. Who
says you can go on
so what? What's the big deal with
anybody else? Now all these kids getting
coming out on
what are they missing on the market
which they need that we've had from many
years.
>> [snorts]
>> These are these new things here. I
nothing said about that but whatever he
says these are the ones the old things
didn't do this. And what are these new
ones know more than the old ones? What
can be missing on what was before? Now
you can't finish that's that's what he
has to say about
okay. So now
now that's that's what's now but we have
to talk about
what are they all talking about where
does this all come from?
Uh let's let's [snorts]
uh
Let me I'll tell you another story.
Another story and it's not a gay it's
not it's not a sad story it's a real
one.
uh
Decades ago I don't know how long ago it
was.
I was invited to speak at a
Hebrew
conference sponsored by Rockover who's a
scholar. He is the Attorney
for the
Attorney General of Israel and he had
been running for years. This was I think
the first one he published a safer is
result of that.
Uh
and there were people giving papers.
It's an academic conference. Uh on the
cotton I was invited. Don't ask me why I
was invited. And it was we were staying
in the hotel. And the venue
the salt were someplace else. And
there's a bus taking us from the hotel
to the Ulam salt.
And I'm sitting in the bus and somebody
sits down next to me. His name was
Professor
Volk. All of us showed up. It's a very
nice man. He was a professor of Mishpat
Ivri in the Hebrew University. He was
not a great Mar professor.
Uh
but he's telling me that we're talking.
He says he can solve the agunah problem
in Eretz Yisrael.
Let me hear how.
He will appoint only Temani dayanim who
will pasken Moise Allah. And [snorts]
obviously everybody has Moise Allah. So
he would be clear with everybody. And I
look at him
and I tell him something I made it up on
the spot. I leave all of the lawyer dati
man dibase here take a second. I said
I've all had I've all had a problem. I
don't know how the Temanim rely on the
Rambam with Moise Allah. I know they
pasken according to the Rambam and
everything. Maybe they have a right to
pasken the Rambam according to the
stool. But leave me blame me that
they're doing it because they hold that
Kol Hamakadesh Adai to the Rambam and
Hamakadesh. And since they know
everybody knows they pasken like the
Rambam
Everybody knows they pasken like the
Rambam in Teman. Therefore the business
right to pasken Moise Allah. And since
you know Rabbenu Gershom Me'or Hagolah
every psak din of Moise Allah in Teman
is you know Rabbenu Gershom Me'or
Hagolah. I thought I was saying
chiddushim as far as the Karaites. But I
never been my custom to complete by
saying this was only half a joke. He
said, "If you really want to fix the
agunah problem, don't get the Temanim to
be the dayanim. Make You don't know how
to scroll. There is a a roster list. If
you get your name on the list, you can
get called to be a mesader Kiddushin.
There's a fee for this, and there are
all kinds of takanos. You don't have to
One of them is to struck me where you
don't have to wait more than 15 minutes
if the party doesn't come on time.
Whatever, and you get a fee for being
mesader Kiddushin." This patronage, I
said, "Make sure that only Temanim can
be mesader Kiddushin." Then I can say
"Kol mekadish ad the rabbonan mekadish."
But, you're not going to get this
because the Ashkenazim aren't going to
be moved out of their seats. There's too
much [laughter] money involved here. So,
give up. Later, I discovered I wasn't so
far off.
There's a Tshuvas It was was nigaya over
the years whether the Botei Din Eretz
Yisrael can pasken Moishe can pasken
chaisin on Moishe Yisrael for the early
Temanim. So, there's a Tshuvas in Rav
Ovadia Yosef that he says Rav
Zalman Auerbach was maskin. I don't know
what Zalman Auerbach was maskin.
To the psak halacha or to the timing of
the nibukin? That he was nigaya He says
he's relying on Zalman Auerbach.
That the seder Kiddushin was in Teman in
the early years. They can get divorced
in Eretz Yisrael relying on the Rambam
of Moishe Yisrael. Why? Kol mekadish ad
the rabbonan mekadish. And kol mekadish
is where you got married. Not where
you're getting divorced. Okay, very
nice, [laughter]
but it's not going to help. If you'll
bear with me a little bit more, I can
solve the agunah problem in Eretz
Yisrael
with no problems at all, but [snorts]
you have to bear with me till the end.
I'll show you how to solve that later.
Now, let me first go to some things that
uh are are significant.
The first thing that I regard as
significant is how to define moise alai.
The uh the definition of moise alai uh I
have all sorts of re shining and it's
not the order of master but if I were
going to look for the majority of re
shining it wouldn't be hard to find. Uh
the first is the rabba.
The rabba I have to find it in front of
me. Uh
that the receipt rabba says that moise
alai is if you come to the best and she
says ma astir the any of the ball oy
then she is increasing uh any of the
shish kish of the ball oy le is le ball
when he should so no law and therefore
we're careful the garbage. He says he
actually leave ball when he should so no
law. Uh you can't force him to do all of
this. Comes along my first mix of him
and mix of him and tells me something
more than I ever knew. I knew shatner
rabba. I still know shatner rabba. He
tells me things I never knew. I'm saying
she's telling me this is marital rape. I
can't stand him. You know women always
say she can't stand him. I can't be in
the same room with him. Let alone the
same bed in the same bedroom with him.
Impossible to all of this. So it sounds
like it's
um uh
a definition of moise alai called
marital rape. That's how I would
translate this. My first sight had a
different translation. I didn't know he
was talking about but he says the rabba
was the novel. That he knew of a machler
psychiatric machler that only the
doctors only recently discovered and I
didn't know he was talking about so I
consulted our resident expert and Dr.
Cooper told me what it was. He told me
it was haphephilia.
Uh haphephobia I'm sorry. Which is where
when I looked at the sources he gave me
and it turns out that it's the opposite
of agoraphobia. Agoraphobia is fear of
places where lots of people here you're
afraid to touch any single person
whoever it is, wherever it is. That
sounds to me as something quite
different from what the Rambam is
describing, but R. Hirschlock thought
that that's what the Rambam was
describing. And what I read in the
literature, it's worse than that and
it's everybody, not just a single
individual. The Rambam is clearly
talking about something which is person
specific. Happens to be my husband, this
is how I'm going to get a get, but he's
telling me that it's mostly clear to me
in the Rambam. Now,
if I'm wrong in the Rambam, because
other people don't read the Rambam the
way I read the Rambam, okay, you can
talk to me about the Rambam, but I have
trouble when you start talking to me
about other Rishonim.
And I'll quote you first in the Tosefta
Kidushin 24 7 11.
The K'eiven d'valo Mois beinahu
anusah hi b'davar.
V'lo imi dato osekain. Now, the word
anusah in modern Hebrew
has the equivalent in Aramaic. It means
against my will.
It implies
means compulsion, duress. It means rape.
I think people what he's saying is
m'vusa beinahu
anusah hi b'davar v'lo imi dato
osekain.
V'af ilu ish okasheiro i efshari bo'el
l'son'o lo.
This is a deima l'olam she'yochal l'echo
machol
hasonei lo nisav
lo.
I don't really know how to translate
that into colloquial English. But machol
hasonei o lo v'
el machol hasos she'niyochal l'echo
machol hasonei lo nisav lo.
If I were to translate this, I'd have to
translate it into Yiddish. The food is
ekelhaftik. Vomitacious is probably the
correct translation.
So, Rashi Tosefos really is telling me
mosel I means he's vomitacious. If he
takes me into the room alone, I'll
vomit. I can't stand it. I can't be
here. He's raping me. It's impossible.
All right, those are the two strongest
as far as I'm concerned. It clearly to
me the Tosefos really is talking about
something sexual, not something else,
whatever it is. Then there's the Meiri
It's the same thing. He wants to
disagree with me. Gesundeheit. I got a
Rambam and Tosefos read.
So, the Meiri disagrees. I can't be
machri anymore. But I think the Meiri
disagrees with this whole kevel of
rishonim. The next one is the Ran.
It's right.
That's what makes it an anus.
I can't I'm doing it I I I I not free
will anymore. I think he's using the
word anus
bediuk. Maybe if I had seen the Rambam
before I had seen the other sources, I
would read it that way. But once I've
read him, I understand he's not making
up himself. And finally, I have
a Chidushei Harashba. No, no, I don't
miss it very much. If I went looking,
I'd probably find a lot more rishonim.
Okay, again, the same loshon. Now, the
Mechaber holds like look close to my
loshon of Rambam. This course the lotion
of the Rambam. What the Ram holds,
there's a steer in the Ram
between the Halachos of Gittin and the
Halachos of Kiddushin. We'll talk about
that a little bit later. But, uh
the Ram certainly didn't hold like the
Rambam. Okay, we're talking about
whether you can pass like the Rambam
even in Teiman. I don't know how you can
pass like the Rambam in Teiman. If it
wouldn't be
if not because of Kol Nidre that Rav
Nachman holds. Now, incidentally, uh I
discovered very recently that it's not
really known what they saw about Teiman
and Teiman in this project. There was a
safer, it's a safer that's called Tzaros
Teiman. Written by the last Rav of Rosh
Yeshiva of Teiman, who name of that
doesn't mean anything to me. But, he
tells me all kinds of things. We know
that there were two in Teiman. One
who passed like the Rambam, just like
the Shulchan Aruch. It's very
interesting. How historically all this
happened, leave that to the historians.
I'm not interested. But, there were
Machlokes in between these And the
result was that there was a conference
in the mid-19th
century, and they made Haskamos. Among
the Haskamos were they wouldn't quarrel
anymore.
And they would accept certain Gedorim,
and everybody would be united to
everybody else. But, in addition to
everybody else, everything else, they
would follow the Piskei HaRambam
uh only in cases when
there weren't too many Halachos, it
sounds like, and not with regard to
Mo'ed Katan. They wouldn't pass Mo'ed
Katan anymore. And that seems to be an
attack on the Seder reports. Very
important. Uh and then there's a safer
called Mas'ei Ish. I forgot the name of
the Machaber of Teiman. He He publishes
all kinds of letters, seven letters
about Mo'ed Katan. Five of them saying
that they And this is later than
whatever was going on. That there was
passing Mo'ed Katan, and two that say
that they weren't passing Mo'ed Allah so
I don't know what's going on payment
anymore. Comes along Rabbi Kapach who is
[snorts] a something. He claims that
they were fasting Mois Allah and that
the ones who signed the letter saying
they weren't they weren't great talmidei
chachamim and they let them sit in the
best in the covid the alma and I can
scratch my head and say what kind of big
talmidei chachamim do you have to be to
know whether they're accepting Mois
Allah or Mois Allah. That you don't have
to be any great talmidei chachamim.
They're telling me something elementary.
They're telling me a historical fact,
yes or no. So I am now totally noble
about what was going on in Taimon and it
doesn't really make very much difference
to me. Now
uh let's go to other rishonim who tried
to define Mois Allah. They again I I
cited all of these who seem to me to
hold like the Rambam and then I have a
Mordechai. The Mordechai says Mois Allah
is isn't a laugh Dafka but ain't a
holech bederech yeshara umvazeh zman. I
can't stand them. He doesn't go bederech
yeshara or whatever that means
and he's mevazeh zman. I can't stand
people like that. And that's pretty
expensive as far as I can tell. It
doesn't mean just whatever I say is Mois
Allah but there seems to be at least not
maslim of verus. When it comes to
rishonim talking about maslim of verus I
understand why. Now they see a maslim of
verus doesn't necessarily mean you're
calling him the Rambam but you have to
tell me why he's Mois Allah.
It's not normal. You you may not be in
love with him but so what? That doesn't
make him Mois Allah. uh Then there's a
Semach Tzedek who seems also to be
rather expansive in his definition of
Mois Allah. And then we come to a
peirush on the Rabbeinu on the Rabbeinu
Yerucham. He scolds the
this the safe air
may showing.
The safe air may showing is a parish on
the revenue you look at him and he seems
to be saying he's learning in the
revenue you look at him but he's saying
it's more so I will come to him revenue
you look at him later I hope if we have
time we have to finish early but he's
saying
that wherever you have
separation for a long period of time and
no hope of reconciliation it's
automatically more so
everything is more so
like what they did there is something
yeah okay I discover him he's not he's
not a recent I don't know who he is but
the first time I saw it was an article
by Shai Yoshif Cohen at home and and
when I read it I pulled my hair this
doesn't make sense I discovered this
later
I shouldn't say that he was sugar
trotting he was in the safe air may
showing it was published I don't have it
the two separate editions of revenue you
look at him one with the
the safe air may showing and the other
with the safe
it's called you're a nuisance the two
different people watching and I think
they're five volumes in each one of them
each one each volume costs $25
>> [laughter]
>> it's a very expensive safe air but
whatever it is
these people were saying that you
more so I isn't a very [snorts] high
barrier to reach
so
we've got all these sheets is in more so
I or at least I don't think we have so
many sheets is
I see it's a clear more like this we're
trying to do the definition and I see
what the way is I certainly can't be
more
between a
a rabbin and the may Erie even the Rama
like this and certainly not between the
Rambam and the Shulchan Aruch and the
Rabbeinu Yerucham. Even that was the
Rabbeinu Yerucham, it's not the Rabbeinu
Yerucham. Today it's called the Rabbeinu
Yerucham. But we'll see if we get there.
Anyway, the problem now becomes and now
that we have Moiser
I already Moiser I okay the Kabbel. So
what's what's the Halacha of what Moiser
I? I want to give you a list of not all
of the Shittas in what happens in Moiser
I, but what I consider to be a more or
less comprehensive survey of the
different Rishonim in Moiser I.
The first is the Rambam Moiser I. And I
know that the Rambam held in Gemara
because of Perek so later he says in
Bava Basra all kinds of strange Minhagim
we don't know anything about them. So if
he's telling me that Moiser I is Kofin
because that's how we learned this this
will be some of the Gemara, some of the
and it would take us forever if we have
to go through the
the Gemara to see what what the Mahlokes
is but good Rambam is Din of the Gemara.
The Rif also holds Moiser I.
Like the Rambam only he holds it Din of
the Masecta.
And that doesn't get me very far.
Because he's telling me it's a Takana of
the Geonim. All I have to do is look in
the Ramban the Ba'al Ha Turim the Ba'al
Ha Ma'or on the Rif and it's good
because they're all telling me several
things. Three different Shittas in the
Din of the Masecta.
One that was intended to be local. And
that of course the Rambam says going to
do with us. That was in Bavel. We don't
live in Bavel. We don't have a Din of
the Masecta. And the second was that
they would they made a Takana Lizmanom
not for posterity. So there's no there's
no Moiser I Bizmanenu.
And the third Shitta is
that they made a takana because the
women were yotzei'in tarbus ra'ah.
They're being mis'aneh, they got
themselves going. No Jew would do this,
but they were nation cities, and they
found themselves going. But now they're
talking afterwards about the same
rabbanim, they're mis'aneh anyway, and
they come and they say moitz'ei layl
when it's not true, because that's where
you'll get a get.
They want to get,
and it's not preventing anything, and
they're coming with moitz'ei layl. It's
not moitz'ei layl, it's nosnein
ba'acher, whatever it is. So we can't
pass on moitz'ei layl anymore. All of
these will say they come to me with a
din and they say to forget about it. So
that's the Rambam and the Rif, two
separate shitahs in Rishonim.
Then comes the Rish Rush.
The Rush lived in Brisk.
And he says we have an unresolved
machlokes Rishonim, and I can't be ma- I
can't I don't know how to be machria.
So we can't be machria, we can't be
ko'ef. We may be able to tell them to
get good gets or whatever, and then
comes the Mishneh LaMelech and tells us
in daf same Rif, you can't threaten them
with kfiya, because threatening with
kfiya is also a form of kfiya, and
because they're doing it because the
Beis Din told them they're not allowed
to do it to you. That's And I presume
it's
the the the alum has is is is it's
bi'oldin to give me a get.
And then
uh so now that's clearly not. And
incidentally, I discovered it, I
wouldn't have known it otherwise. There
is a
a a Avnei Nezer. The Avnei [snorts]
Nezer is in chelek gimmel, if I'm not
mistaken.
Uh he was young,
he says himself, he was written in
Kahir, [clears throat]
he was a member of the Beis Din Cairo,
and he sees that the Beis Din is issuing
Piskei Din of Chayav Begarush.
And he was the junior member of the Beis
Din.
But it was based on a more recent and he
convinced them that they should stop
issuing Piskei Din of Chayav unless
they're ready to pass Knesin which gets
rid of the bother with Chayav
altogether. He said probably couldn't be
Knesin because if you tell somebody
Chayav and he's not Chayav, he's doing
it because you told me Chayav if Mitzvah
Lishmo Derech Chachamim it becomes a Get
Butel.
However, you know
And they but they didn't have just sort
of like several daughters.
There's Knesin. There's Chayav. And then
there's Mitzvah. I don't quite know what
that means. And then there's Mamlitzi.
You know, that I understand. It doesn't
mean anything. But the difference
between Chayav and and um
and
uh
uh what I would say uh Mitzvah, I'm not
at the all clear. And then I have Piskei
Din.
They don't need to smoke the whole time.
Now, I don't that I talk about I don't I
don't remember. The the Chok, the new
Chok in Eretz Yisrael that gives the
Botei Din all kinds of powers to enforce
a Get. Uh Chok Eretz Yisrael Botei Din,
the modern Chok Eretz Yisrael Botei Din
which I think in most cases are clear.
Uh I think I spoke about um I don't
remember I spoke about or I didn't speak
about anymore. But whether or not it's
clear, they gave them the power to do
this even if Mamlitzi.
And they they pride themselves that we
don't do any of the Chokis the Chok that
comes from the Choka that they the Chok
Kneset, we don't use any of these unless
it's at least Chayav Begarush. And then
we do it when it's um
uh
and that we do whatever the Chok says we
can do when it's at least Chayav
Begarush but not less than that. And I
look I said before for but from R'
Ovadia Yosef the guy is as bad. Even if
this is acceptable part of the host of
the time that with the highest regards
what you done for me. And I think that
he's right. It's again forget about it
get get Musa. You tell him it's
just not
just bad. He's doing it because you
fooled him. You think it's a
but if I want to be in
I have to do it and it's not true. Why
am I supposed to do this? That's no
medicine you're telling me some medicine
make a face. But I then I found at least
what I can I can't go through every
even with our line I can't go
through the everyone. But I did a little
bit of a search to find out if the words
kind of the guy ever appears with Jesus
signature. I found one I give up. That
was enough. He said it was one of this
and
they were a share stock of the guy and
he's right on it. Now he may have been
willing to sign in that case. I don't
know he's only claiming a certain thing.
He's right. But [snorts] you certainly
they weren't listening I hear they
listen to him. In so they weren't
listening to him every day month you had
a month again
and
I have the guy this is
is
this when they they start with with a
the guy I get scared. The guy
goes all the time not that I understand
any better but
in any event now we have to go back to
the other
what happens when you do have a so
light.
Then we have the restraining a whole the
guy only a Muslim of
basically it's the guy. And then we have
the restraining who say that the time
also light we can't be the guy
but you can use the
guy
the guy the time.
Good. The guy the time we spoke about
why it's not clear what people hold it's
not clear it is clear it is clear. I'm
not interested right now. And then we
come that
we have a rabbinical union who says that
I have the courage and if he not the
courage you can call him in the variant.
That's terrible. Now I don't know what
that means with regards to
demonstrations of all day. I didn't
speak about it this time but I have
already written that if the first was
spend money to get these people out of
my house is clear as women at least. Uh
it's it's it's it's a shaming the
humiliation if I pay to avoid it and
it's it's it's
it's emotional coin, means something.
That's make it so I have to listen to
me. But the rabbinical union says that I
have the courage and more is allowed. If
it's really more is allowed you can call
him in the variant. And then we have
others who say you can use our courage
to be in time but it's all of you should
call him in the variant. That not that
you're not allowed to say. Is that
allowed? You can give him a mate. Then
comes the Maran Rothenberg.
That if it's more is allowed you can't
even be more than leads. That's use of
more than leads. You can't even advise
him to give a gift.
Now here I don't know why. Uh
I he doesn't say. Now I can try to
explain. I think the Maran Rothenberg
was afraid that it's a necessary
goodness. The pal doesn't want to be
more than leads. Who are you to tell him
to be more than leads? It's a necessary
goodness. So what she doesn't want to go
back. Who cares how long it is? He's not
ready to to give her a gift. So what is
he going to give a gift for? There's no
reason. Because she says more than
leads. More than leads doesn't mean
anything.
Yeah. Particularly if she's not in so.
All right. In any event, that's uh
uh
what we have here in terms of the
restraining name of more than leads. Now
uh I should talk a little bit about the
rabbinical union. I'm sorry about the
rabbinical union. I don't want to talk
about Rabbeinu Yonah because uh
when we won't get any place and we won't
become Benish Klog and addition to
everything else.
The Rabbeinu Yonah
lived in the 14th century, I think, and
nobody ever heard of this Rabbeinu Yonah
until the 20th century.
Nobody quotes him. Now, that can mean
one of two things.
One of the Israeli dayanim wrote, "You
know why nobody ever quoted him? Cuz
nobody quoted him."
Everybody knew that everybody was lying
on.
And
the other shot, as the AI would say, is
nobody quoted him because of who who it
looked.
It's not quoted. There's no reason to
quote it.
Because whatever he is, he's a Yochi.
Why is he a Yochi? I'll try to talk
about him in a minute. In a minute. And
they didn't quote him because there was
nothing to talk about. The why it wasn't
anything to talk about, why is he a
Yochi?
Well, there's two ways to explain it.
One is and I want to quote Rabbi
Soloveitchik who spoke about the new
Meiris.
And he says that the new Meiris are
nothing more than a mere curiosity.
They're outside the
of
new manuscripts we don't rely on. We
have a
psak and the new manuscripts aren't part
of the psak. Okay. Good one good reason
that this Rabbeinu Yonah was outside the
psak. So, who's going to quote him? Why
would they quote a normal and not quote
him 500 years not quoting?
And I have another reason. I think it's
probably more correct. I will quote
because you should know the words of
Rabbeinu Yonah so you know what he says
and what he doesn't say. And then I
think I'll just you'll all discover when
nobody ever quoted him.
The cost of Meiri
Avraham ben Asmael.
Do you know who Avraham ben Asmael was?
Who's the author of Waverly? Scott is
the author of Waverly.
My Rabbi Yeruham ben Avraham is my
Rabbi. He is the Rabbi of the Rabbi
Yeruham. That's all I know about him. I
don't know anything about him. Go look
in the history books, see if you can
find him. Some of the scholars think
they know something about him, and the
only thing they told me about him that
is worth knowing is he was a
contemporary of Rashi. Except for that,
I don't know who he was, except he was
the Rabbi of the Rabbi Yeruham. I think
they left it out. The Rabbi Yeruham
against I think the scholars. The
scholars tell me the Rabbi Yeruham is
quoted 2,000 times in the Tur, in the
Beit Yosef. The Beit Yosef quoted him
more than 2,000 times. They have
computers. I don't have a computer. I
take their word for it. But they
the Rabbi Yeruham nobody quoted him.
He's not not there. Now, let me just
read the words of Rabbi Yeruham.
P'neiro loi. She'isha sh'amra lei b'eina
lei
yitain lei get k'suba. I don't like him.
Give me a get. V'hu amar "Lo namalei
b'eina loi."
Avain dei reisha leitan get. I don't
want her either. She hates me. I hate
her.
M'stavra d'einan asu k'mei reidish la
sidor klum mei ik k'suba b'nei dunya.
Elo miyu mashin lo treis yarchi gita
d'ilma hadrei b'ru.
Those who she doesn't lose the k'suba
and the dunya. But you know the
mishpacha won't reconcile. That's also
part of the mishpacha, but she's fine.
>> [snorts]
>> V'ul achashana k'eifin
eisa in the garish v'sida t'sais es
l'chum adi oyeiv. He says k'eifin
l'garish after 12 months. And what are
we dealing with here? Now, I don't know
what we're dealing with here.
Uh
I have at least one day in who thought
that when you're when when you miss when
when you're separated for 12 months and
nobody wants to get what wants
reconciliation, that means it's Mois
Allah. That by definition Mois Allah.
So, you can add him to the list of all
Mois Allah and recreation for Mois
Allah. So, what they gain from the
revenue room? Nothing. Another sheet of
holes recreation Mois Allah with a
rather liberal definition Mois Allah.
So, there's nothing there. So, why would
why bother ever, you know, well, why
bother trying to reach shatnum
altogether? I know why you ignore them.
I think that there are two other ways.
One is the way some of the book they
didn't read it, and that is it's clear
she doesn't want him, he doesn't want
her, we've waited so long, and there's
not going to be reconciliation.
It's mokum igun.
Mokum igun we can play forget.
Wherever there is a mokum igun, you can
be play forget, which is all they want.
They want grounds to be play forget. So,
first I Mois Allah, and now I have a new
sheet of new shining that wherever
there's a irreconcilable differences,
wherever there's a dead marriage,
there's play thing, and
uh then I have
If I you if I read him that way, then
you don't really have anything new, but
okay, another reason to restart your
list. I don't think it's going to be my
career when you would put it on my
scales, but if you have different set of
scales, okay, maybe it's my career. Now,
the
um
the European Yeruham, as I said, was not
quoted. I think it wasn't quoted because
either
doesn't exist to all intents and
purposes, or it adds nothing. Now, who
discovered the revenue room? I
discovered who discovered the revenue
room.
Rafa Yasha discovered the revenue room
sometime
about in in the in the tough shin lamed,
and he quotes,
but not the last line and a half.
Who will after shona kashin I say? He
didn't quote.
He quoted the first two lines.
That after all of this, they Oh, I'm
sorry. I'm sorry. Missed. Yes. The real
shot in the beginning is that you've got
uh
you've got a married and married this.
They say I think that's shot, not even
Amigun. You have a married and married
this they cancel each other out. If they
cancel each other out, so the grounds
are either that he's not the kind of
society now, which
some of the Well, he didn't say. Or uh
it is there's there's crazy thing when
you have mutual married and new hidden
issue in the beginning in in
the beginning you wrote him. But,
because it's mutual married,
and now I have to understand when is
mutual married,
and I'm a like this between the doctor
that
the Koski and Rabbi Simcha last if
whether has to be simultaneous or
whether even if the second is married in
response to the first, do we also call
this simultaneous? Because Ain loch loch
I don't know if she's married negative
me. That shouldn't be married negative
you.
Okay? [snorts] That's very nice. I had a
first if it's simultaneous, I don't know
how you define that. What's How I mean
it? An hour, a day, a week? And
[clears throat]
again, enough said. I don't have to go
any further than that. But, again, I I I
I I I don't can't do very much with her
being a unit. And then there's a second
sucked in of Rabbi Elyashiv in which he
says that
uh
that only assume the doing here. But,
the other few they moment of what he
does what he really wants is not
important.
Not important. Two different
piskei din from Rabbi Elyashiv in which
he cites the Rabbi Akiva with other
sniff in the sayings. The second one was
Rabbi Akiva's sayings. In which he says
that she's entitled to the sayings if
it's
irreconcilable differences. Now, I think
that's important. I think Rabbi Elyashiv
is he said he said God will list my when
it comes to my solution I'll come in a
moment. Now,
uh when I have all of this, I then know
why Rabbi Asher didn't say that we
didn't quote the last line. But somebody
apparently decided they're going to go
look at the sources and they'll I think
that they got it all from him. They went
they looked up to Rabbi Yerucham and
they discovered the last line which
Rabbi Asher purposely did not quote.
And they decided you can use it for
preaching also.
Okay?
All right. So, I know this already. So,
now we have in addition to Moishe Alai
all the many Rishonim who hold that
Moishe Alai is just about anything, plus
Rabbi Yerucham irreconcilable
differences, and now we have the Dayanim
shouting each other. And they're
claiming Rabbi Sherman and others that
what you're telling me is that I have a
dead marriage claiming that you and
every time you can't make shalom bayit
is claiming. Whenever they want it's
claiming. Whenever they whenever the
husband doesn't agree to give a get
mitzonai atei. You know, the marriage
becomes claiming irreconcilable
differences and you can't make shalom
bayit. Did you try to make shalom bayit?
Yes, of course. You tried to make shalom
bayit and it doesn't work. It's been
dragging on for so long and therefore
claiming. That's those are the two you
say this. And then comes the third
Yissur. The third Yissur is the Chaim
Palagi.
>> [snorts]
>> In Chaim Palagi there are two separate
teshuvot and the Chaim Shaul and each
one is a paragraph, less than half a
paragraph.
Again, I forgot to tell you that if some
[snorts] would say that Rabbi Yerucham
didn't mean claiming. Nah, claiming
wasn't meant to be mitzonai atei. He
meant verbal
verbal kfiyah, you know,
drawing on it, whatever you can do. But
it doesn't make kfiyah mamash. It
doesn't say claiming b'shaitut. He left
out b'shaitut. Good. If you buy it, I
have a bridge I want to sell you also.
But okay.
Uh
There is
nothing in the Chaim Shaul.
He says the first teshuvah he said not
it's a second in the order, but the the
second the second chuva he says
that if they've separated for 18 months
and you can't make shalom, then kashin
legarush. In the first one he says, if
it's shalom ish nasain. The second one
is sure, 18 months, but these are two
chuvas say the same thing. In both
chuvas it says kashin legarush. Now,
first I have Rabbi Goran who said
must be joking. He certainly didn't mean
that. Goran
Yes.
>> [laughter]
>> He certainly didn't mean it.
And therefore, if he said it, what he
meant was kashin verbal or what whatever
or a local that he that him somebody
else it was a local takana.
Again, fine. It's a takana. It's a local
takana, it doesn't harm me very much.
And then I have Rabbi Herzog who in the
so so to speak
says that we have the same case in the
Divrei Malkiel and the Divrei Malkiel
wasn't less of a tzaddik and less of a
talmid chacham than the Rabbi Chaim
Palagi. And he says exactly the
opposite. He says
>> [snorts]
>> irreconcilable differences. Both of them
are married each one on the other and he
says you can't behave from the marriage.
So what are you telling me you have to
shalom for? Don't tell me all about
Rabbi Chaim Palagi. I've got in in the
same generation [snorts] I've got people
who disagreed with him. It's not
whatever it is. And then you've got uh
all kinds of other people who weigh in
in one form or another where the quoting
is a stief
or whether it now becomes a real yesod.
It's not a real yesod. They quote it.
Then comes
Rabbi Waldenberg.
Rabbi Waldenberg
did something that I think is totally
incomprehensible.
It's a chuva, it's there. I don't
remember. I I it's in chelek dalet.
It's a long siman. Um my Rebbe used my
name on
He says that this can't go on.
But he didn't have to say in Israel
contradictorily contradictory talking
[snorts]
We have to get together. He doesn't say
to the Knesset
We have to get together and we should
have a uniform sock.
The uniform sock should be that there's
no kfia for moisolei.
But you machayiv the baal maseh.
He does not quote Rav Kook.
Rav Kook in the early days of the state
wrote a long tshuveh in which he says
that every my Rebbe does I'm sorry every
moisolei the best is to cleave to pasken
maseh maseh.
And I think that's Rav Elyashiv also
much later also doesn't quote Rav Kook.
But Rav Shach
It's not so simple to pasken in Hilchos
Maseh Maseh. But I should have a Kook
and you have Rav Elyashiv and Rav
Waldenberg he wants them all to get
together. So what's in control?
What's in control is what's going on
here? This isn't America
where the Supreme Court votes whatever
true
or Trump thinks they should vote the way
he thinks they should vote because he
appointed them. What's going on here?
You can't You can't do this in America
let alone in Eretz Yisrael.
And [clears throat]
I don't mind if Rav Waldenberg were to
tell me as Rav
uh uh
as here in the Knesset Yisrael that if
anyone says that I learned Shas and
Poskim and I'm willing to be machria and
I'm being machria moisolei on the table
only and I want to pasken moisolei I
have no quarrels whatsoever. You want to
pasken maseh maseh that's including
maseh maseh
be my guest you're entitled to but don't
tell me we should get together and we
should have a uniform of the Zionist in
every case of my soul I I don't hold
this is
I have no right to pass
don't tell me you need uniformity in
Israel there is no there's no such thing
as precedent there's no story [snorts]
decisis there's no business
of it's it's a precedent the
dean of the best
are not binding on anybody except in
that case the next the next step is
comes and says Kuwait business
and we're saying the opposite you want
to go back to them and see if they'll
reverse this again go back to them and
they have no choice the best is not a
business
the best
you know can't make can't make a a cycle
there's and every best has to pass the
way the best wants to pass and and
nobody's telling them that because we
want uniformity blah blah blah you sound
like
you know
American
professor of jurisprudence or something
of the sort doesn't work however
I have a solution
yes
I have a solution I have two solutions
but they're the same well the first one
I don't need because the second is
better the first one is
the best in Israel think that they have
the power to make that they have
not the best
the best
thinks they should make that it's not
the best of all
in the early days of the state they
they
they made a lot of
among them was that no evil only evil
and
Rabbi again the truth of the
both of them
God forbid what kind of business is that
I can't prove it to you
that he can't have even people I can't
have a reason to be about to people.
Uh but immediately they say you can't
make any takanas.
So what are you doing to me here? I
don't need to tell your favorites. You
can't make takanas. I think that's what
he meant. You have no samchus to make
takanas. Period. Full stop. Again, I
know maybe
we'll talk about what they have or they
don't. It's hard in Eretz Yisrael
because there's no din malchus in Eretz
Yisrael. It's a malchus Yisrael. The din
malchus does not work. I I don't have
anybody.
Maybe I shouldn't still have anybody.
There are enough out there who think
otherwise, but I can give you sources
and retain them that there's no din
malchus in Eretz Yisrael. Even though
some people may think that that's not
the reason. If it is, it's got to be
something else. And now yesh mokrim
b'valdin b'svake'ah, but that's
something else.
But I hear tell that there are people
who accept pensions from the government.
There are people who will take all kinds
of things from the government.
Apparently they hold the government as
the right to levy taxes
and to spend money.
If the Beis Din has the power to If they
Knesset has the power to do that, then I
don't need a takanas d'rabbanan. We
don't know what a takanas d'rabbanan
would be.
>> [snorts]
>> That would be my first solution that I
don't need. My first solution would be
the rabbanan should make a takana.
What's a rabbanan's takana?
That every woman who says moyes alai
should be entitled to mezones. Forget
about who she's entitled to inside the
Beis Din. Every woman who says moyes
alai she's entitled to mezones. What's
going to happen? Her husband give her a
get. Cuz the only thing's going to pop
him from mezones. That's what Rav Cook
said. He says he's going to pasken
mezones not because he wants to pasken
mezones. He thinks she's entitled to it.
May Allah will solve the problem also.
As he used to say to my Rabbi Weinberg,
that the Beis Din
he's He didn't mean to say it because he
thinks that's the halacha. And if it's
not the halacha, so the next line is
make a takana. You've got to He doesn't
He's before the state or after the
state. He was at the beginning of state.
Okay.
If you want to make a takana, make a
takana.
I have a better solution.
Forget about the takana. You're never
going to get these people to make
takanas today for whatever reason.
Who says the Knesset can't make such a
takana? The Knesset has already made a
takana that Yishus
is equal to Yishus
and Machayvi to to the Zanim
Yilodim until 15 years of age and a few
more there that have to do with the new
moment. I have a new one. Every woman is
entitled to the Zanim as long as she
doesn't have a get. Period. Full stop. I
may read this. Mois Alai. A woman who
refuses to accept a get for no good
reason and the only way that she that
that that she loses is her husband gives
it to her, which makes problem for me.
My problem is why she doesn't want to
accept. Why are we going to say the Baal
has to give her connected her that's
really good for the moment. The Sarding.
But now she knows we've got a clear
Renegation.
Right? So I can't use this because then
the it'd be in violation of Renegation.
The husbands will be giving a get
connected with saying no. She wants the
Zanim after all. Why should she take a
get she has every reason not to.
To which I would add one more Seif.
You're entitled to the Zanim until you
get a get or until the best and paskins
that you no longer entitled to the
Zanim.
And only one who can paskin you're no
longer entitled to the Zanim is the
best.
And Shalom Alai Yisrael.
Right? I solved every Agunah problem in
Yisrael. From America I have to do other
things. But in Yisrael I solved the
problem. All this requires the whole
Knesset.
We're coming to
new Bechiros.
And every party is going to have a
platform. I think that the platform of
every party should have a
plank that says that every woman's
entitled to maziness as long as she's
married to that nation of Israel. And
only the business can pass and she's not
going to maziness. And
we'll end up solving all everyone of the
agunah problems. And you have to make
you have to include it in the plank of
the party. And I will vote
if I could for any party that puts in
the plank. And if they don't all put in
the plank, then I choose choose whoever
I want. But it's like in this country,
everybody bends over backwards to be
good to the Jews during election time
cuz everybody wants the Jewish vote.
Everybody wants the chareidi vote. Put
it into the plank. You're not going to
get it into the plank unless the askonim
lobby for it. Where are they? I hear all
kinds of chareidis always telling me
what's kosher. Why don't they tell me
what's mutar? That the Knesset can pass
a special law and that it solve the
agunah problem. Ad kan.
I'm on on Monday morning sometime and
I'll let you
you let me know.
>> I'll let you know before.
I find out.
>> I'm probably going to call you.
>> Okay.
>> Can you say 10:30?