Lateral Learning

The 5th sugia within this Av Mishna of חגיגה contains 8 lines of Gemara. נשים ועבדים שאינן משוחררים וכו.
ומאי נינהו מי שחציו עבד וחציו בן חורין? ש”מ שמות כג – לא תטה משפט אבינך בריבו מדבר שקר תרחק ונקי וצדיק אל תהרג כי לא אצדיק רשע ושחד לא תקח כי השחד יעור פקחים ויסלף דברי צדיקים וגר לא תלחץ ואתם ידעתם את נפש הגר כי גרים הייתם ברץ מצרים
The Courts of Europe offered Jewish refugee poppulations no avenue toward justice during the previous g’lut. The Torah goes from shǝvi’it to shabbot, from trade to shalom. And concludes with לא תבשל גדי בחלב אמו, which according to Rav Nemuraskii refers to the linkage between maintaining a good name and fear of heaven. The power of a court to make judicial rulings which both sides standing in dispute respect, depends upon the good name and reputation of the court אלהים. Compare the Torah quoted above to the mussar rebuke as taught in ירמיה ו:כב – ל. A society whose Courts practice corruption promises the vision of forthcoming ruin.

T’shuva now, our people approaches unto the 9 days. The mishna and bit of Gemara quoted in the previous sugia merits deeper analysis.
פרק שלישי ברכות: דתנן – נשים ועבדים וקטנים פטורין מק”ש ומן התפלין וחייבין בתפלה ובמזוזה ובגרכת המזון גמ. דף כ: ק”ש פשיטא! מצות עשה שהזמן גרמא הוא. וכל מצות עשה שהזמן גרמא נשים פטורות. מהו דתימא? הואיל ואית בה מלכות שמים קמ”’ל
From where does the Torah learn the din of כרת? From the Creation stories including Adam and Chava. Hebraic logic, the 13 tohor Oral Torah, learns by means of making “measured”/middot inferences from the given “known” written texts. As such Oral Torah share no common denominator with the avoda zara practiced by fundamentalist biblical literalism. The Mishnaic tannaim made famous their differing schools of hermeneutic techniques. Virtually every siddur includes the famous 13 middot of רבי ישמעאל. Learning the classic texts: T’NaCH, Talmud, Midrashim, and Siddur without Hebraic logic violates the foundation upon which stands the entire Torah – כרת.

To develop the skill to learn written texts by Hebraic logic, and no other variations of logic – like for example: Greek logic – requires learning Torah with the assistance of a Rav skilled in the ability to read written texts through making logical inferences. The Case/Rule style of the Mishna requires learning how to learn through making logical inferences through Oral Torah Hebraic logic. Torah instructors who focus their education by reading the basic texts, combined with learning a pilpulism of differing commentaries – do a terrible disservice to the Jewish people. Torah faith centers upon development and maturation of tohor middot, and not about splitting hairs exposing the differences between Biblical and Talmudic commentators.

The Torah contains basic “problems” which demand explanation. Perhaps the most glaring, the issue of “Aguna”, a woman enslaved to her marriage – כרת. The משל story of Adam and Chava in paradise, viewed from the fixed perspective of the rest of the Torah, teaches the need for learning by logical inference – the distinction between tohor and tuma, the blessing to possess the merit to do Avodat HaShem; from the curse wherein Man lacks the merit to do mitzvot – כרת. Another clear precedent – the g’lut of the Wilderness generation wherein that entire generation – which accepted the Torah at Sinai – ceased to do mitzvot – כרת. A man who refuses to obey the Torah commandment to give his ex-wife a ‘get’, compares to the same man who publicly profanes Shabbot in front of other Jews – כרת. The din of “Aguna” exists as a לאו דווקא din. Any Torah commandment wherein Jewish persons show public disdain, like for instance eating pork on Yom Kippor, carries the identical din of כרת. Meaning these people, even if they wanted to keep mitzvot thereafter would no longer possess the merit to do mitzvot – just as Goyim possess no merit to do mitzvot. The return oath which Avraham swore back unto HaShem, that if HaShem lives in the hearts of his Cohen seed, that this Cohen seed would forever inherit the lands which HaShem swore to give unto the seed of Avraham.

The din of כרת, the din that HaShem departs living within the heart of brit Man – g’lut. The din of כרת and g’lut go hand in glove together.
דכתיב במדבר לא: ועתה הרגו כל זכר בטף וכל אשה ידעת איש למשכב זכר הרגו וכל הטף בנשים אשר לא ידעו משכב זכר החיו לכם – כרת
This Torah likewise delves into the mitzva of kashrut, of turning vessels made by Goyim fit for serving kosher meals. But through logical inference, how much more so does the ashes of the red heifer now apply today. G’lut by definition exists as tuma. Jews rule our homelands today therefore today, this moment, Jews should make themselves tohor through the ashes of the red heifer today. Herein defines the k’vanna of this blessing:
אתה גבור לעולם אדני, מחיה מתים אתה, רב להושיע מוריד הטל מכלכל חיים בחסד, מחיה מתים ברחמים רבים, סומך נופלים, ורופא חולים, ומתיר אסורים, ומקים אמונתו לישני עפר. מי כמוך בעל גבורות ומי דומה לך מלך ממית ומחיה ומצמיח ישועה ונאמן אתה להחיות מתים. ברוך אתה ה’, מחיה המתים
The concept of the resurrection from the dead requires no mystic or mythical interpretations. Just as the dead can not do mitzvot so too the people in g’lut. This second blessing directly refers to the times when Jews reconquer our homelands and live as the brit Cohen nation – כרת.

The Talmud views as a disgrace if a man has his wife make קידוש לליל שבת which includes:
ויכלו השמים והארץ וכל צבאם ויכל אלהים ביום השביעי מלאכתו אשר עשה, וישבת ביום השביעי מכל מלאכתו אשר עשה ויברך אלהים את יום השביעי ויקדש אתו, כי בו שבת מכל מלאכתו אשר ברא אלהים לעשות
This din learns directly from:
בראשית ג:ו — ותרא האשה כי טוב העץ למאכל וכי תאוה הוא לעינים ונחמד העץ להשכיל ותקח מפריו ותאכל ותתן גם לאישה עמה ויאכל
Plucking fruit from a tree violates one of the 39 melachot of shabbat observance. The issue which the Torah addresses – causes for g’lut. Public desecration of shabbot carries the din of כרת, just as does the refusal of a man to give his ex-wife her ‘get’. The aguna becomes chained to her ex who still possesses her O’lam Ha’Ba soul.

Again the concept of O’lam Ha’ba requires no mystic or mythical interpretations. Avraham cut the oath brit faith upon the lives of his children born unto all future generations. The aguna woman cannot now do the mitzva of קדושין wherein she sells her O’lam Ha’ba soul unto her next husband. This act of bad faith directly compares to all of the other דיני כרת. Some Jews choose to eat chumetz during the days of P’sach. Did Moshe our Teacher err in this P’sach commandment? No. Persons who have no shame, no fear of Heaven, cannot observe mitzvot – even if they live in Eretz Yisrael. The din of כרת comes to teach the distinction between tohor and tuma. Simply stated: a person of tuma cannot keep any of the תרי”ג mitzvot because the Spirit of HaShem does not live within their hearts – the Rock אב ברית faith.

Therefore, a Jewish court has the Torah obligation to command a man to give his ex wife her ‘get’. Contempt of Court by this wicked man permits the Court to place that man into charem. Meaning this tuma man no longer exists within the din of living as a tohor bnai brit person. By this Court ruling, a woman goes out from the din of an aguna unto the din of an almana. Persons who attempt to force, by means of violence, a wicked man to give his ex-wife her get – only exposes the pathetic ignorance common and prevalent – our tuma Yatzir. Violence does not produce fruits of t’shuva. Such tuma, directly compares to the Spanish Inquisition and other cruel debauchery, by which tuma people make public disgrace of our shared humanity throughout history.

The mitzva of קדושין only threaten a righteous women with aguna when tuma rabbinic courts profane their Torah mitzvot obligations, when they lack the אמץ לב to impose the כרת din of charem upon the tuma wicked within our people. The fundamental purpose of Torah Common Law Courts – to differentiate the righteous from the wicked among our people. To impose the mitzva of 39 lashes upon the backs of the wicked within our people. To therein make atonement for tuma which causes the din of כרת among the Cohen nation. This mitzva obligation of duty, which the Torah places upon the אלהים, separates tohor eretz Yisrael from all tuma lands/nations of g’lut.

Contrast the customs and manners of g’lut authorities who employed lashes as a cruel punishment which scared and maimed victims for life, if they even survived those savage beatings. The concept of charem accompanied by lashes has the k’vanna to restore personal shame upon the backs of the wicked who make public, the disgrace of their disdain for Torah mitzvot observance. The purpose of public lashes serves to give heart to klall Israel. The public punishment wicked seeks to likewise save face for dignity of the wicked, to give them the necessary room, which they require, to do t’shuva.

If lashes fail, then the tohor אמץ לב of the אלהים requires them to exert the Will of leadership to expel these wicked from living within the oath sworn lands. The mitzva of imposing lashes upon all Torah classifications of “wicked”, defines the Torah obligation of responsibility, anointed upon the אלהים, to purge organized crime, gambling, homosexuality, prostitution etc, from within the oath sworn lands of the Cohen nation. The din of t’shuva separates the Will of our People. Do we commit to the Torah brit cohen faith obligations or do we prefer lashes … followed by enforced g’lut? Based upon the k’vanna of the blessing above, g’lut carries the din of legalized death.

The g’lut din of כרת frames the faith of our Torah. On the last day which Moshe our Teacher lived, he commanded blessing or curse, life or death. The din of g’lut carries on its back the hope for the גאולה. HaShem told Avram that his future born Cohen seed would endure g’lut. Torah faith hinges upon the Will of our People, either we cling to the tohor Cohen nation faith or we assimilate and embrace the cultures, customs, and belief systems of the Goyim. Religious Jews in g’lut “believe” a Reform theology of monotheism, as if this belief defines Torah faith.- which it categorically does not. Torah faith does not depend upon what a person personally believes. Rather does a person dedicate upon his heart the oaths which the Avot swore – as their return brit – of the oath which HaShem swore unto them – the inheritance unto their Cohen children of eretz Israel?

The joy of keeping mitzvot combined and woven together with prophetic mussar, within the oath sworn land inheritance, and only therein … that the Spirit of HaShem, the Spirit of tohor middot, lives within the hearts of the Cohen nation who worship our God through mitzvot/mussar holy dedications of heart unto HaShem. Like a prophet instructs: rend your hearts and not your garments. The mitzva of brit mela serves as the משל mitzva to cut a נמשל brit upon our hearts. Robotic observance of religious ritualism defines g’lut, wherein tuma Jews, even if they want to, cannot keep mitzvot. The din of aguna applies only in eretz Israel wherein Torah court justices perhaps possess the tohor אמץ לב to place tuma wicked Jews into כרת charem. This Torah contraction din learns directly from the contrast expansion din of ערובין. After the passing of Rav Aaron, this mesechta became the basis wherein this commentator committed to remember the merits of my Rav and partner, who lives within my heart.

The obligation of swearing the return oaths originally sworn by our Avot to HaShem, the mitzvot of tefillen and kre’a sh’ma best exemplify their return oaths. The Mishna of ברכות quoted above, as the Torah favors that the Man extends the sanctification of shabbot to his wife and family, so likewise the oath brit time oriented positive commandment faith. Just as the אלהים bear the burden to impose the din of כרת charem upon the wicked residing within the Cohen nation, so too woman have a Torah exemption from observing key time oriented positive commandments. The instruction of that Mishna, does not come to exclude women from positive time oriented mitzvot, but rather to emphasize the importance of these mitzvot as a burden upon Men. The word ONE in the kre’a sh’ma has nothing to do with tuma monotheism declarations and everything to do with embracing the 3 oaths sworn by the Avot upon ones’ heart – the mitzva of tefillen serving as witness. Hence to do the mitzva of kre’a sh’ma with tefillen requires swearing the return Avot oaths while sitting and not standing – as taught explicitly in the Gemara of מנחות.

The positive time oriented commandments of davenn and bentshn, just as the latter a woman does in her home, so too the former. Women have no Torah obligation to stand before a Safer Torah wherein they do the time oriented positive mitzva of tefilla; the B’hag learns the Amida as a Torah commandment wherein men stand before a Safer Torah and swear the Avot oaths sworn while sitting in the mitzva of kre’a sh’ma; the Baali Tosafot learned אלהי אברהם וכו as the מלכות within the first blessing. It seems to this commentator that the B’hag made a logical inference from מנחות, he concluded that standing before a Safer Torah elevated the mitzva of tefilla into a Torah commandment. Learning how to make subtle Torah distinctions reveals the passion of a person to build a Good Name/fear of heaven.

The Torah custom favors that a woman assumes the name of her ba’al and not the reverse. The Talmud teaches a כלל in קדושין that the Man acquires his wife, and not the opposite. Not because the Torah favors male chauvinism but rather Torah establishes a כלל which included פרט exceptions – like the din of the daughters of Zelophehad; a man who marries a powerful woman might subsume his name under her title. The point of exceptions, they do not negate or remove the din established by the כלל. Rather the פרט serves as the means by which persons can learn the depths the כלל contains. Something like fish within an aquarium.

The implosion of a civilization: can happen when local anarchy ensues, due to the collapse of the judicial legal system. When a legal system ceases to function actively in the management of social interactions – violent anarchy has a tendency to fill the political vacuum. The Mayan civilization collapse most probably occurred as a result of Civil Wars, whose mass violence caused warlords to replace the old societal order of monarchies.

An excessive attachment to honor can result in violent defensiveness, or vigilantism. Attempts to defend honor can create an impulse to form independent warlords whose realms exist outside of the rule of law. Vendetta blood feuds perhaps best describe the implosion of a society into total anarchy. The Hatfields and McCoys family feud at its height supported two such opposing “warlords”. But in this example, the stability of the US Federal Court system stopped that local anarchy conflict from spreading unto a societal Civil War, that which most probably destroyed the Mayan civilization.

Arab society, like the UAE Emiratis, requires a diplomacy which strengthens “inter-tribal” diplomacy, even at the expense of immediate Israeli interests. Conservative diplomacy which favors long term rule of law – stability within civilizations – should stand in stark contrast to Israeli efforts to promote radical climate change within Sahara North Africa. This conservative/radical diplomacy, the model of the opposing double DNA helix, perhaps merits consideration. Why? Because while DNA replicates itself, its slow to incorporate foreign viral mutations.

War alliances among African states represents a total disaster for Israeli diplomacy. African inter-State warfare over border disputes by definition destroys the building of stable trade routes. African prosperity requires the rule of law and political stability. To achieve this result requires building the reputations of local courts of law.

Development of an internationally attended African University, which produces reputable tohor Judges, stands at the top of attainable Israeli foreign policy objectives within the Jewish State. Something similar to the Torah as the Constitution of the Jewish Cohen Republic, and the Talmud as the model for Torah common law Courts. The Oral Torah tohor/tuma logic system – the sole thought discipline permitted to interpret the original intent of the Torah Constitution. The Sanhedrin Courts conduct legislative review of laws established by State governments within the larger Republic. The primary export of Israeli diplomatic activities abroad, judicial African judges who establish tohor Courts of Law, independent of any Government authority in Africa, whose jurisdictions restricts itself to the confined containing lands which surround the African international trade routes.

Herein concludes the learning upon this tiny sugia of our Av Mishna חגיגה.