To date we have weighed how the precedents of the maturity of the etrog, coupled with the dispute which differentiates the time that the fruit sprouts vs the time of the fruit harvested as precedents, to understand why its forbidden for a man to force a child who lacks the mental maturity to understand how the sex act accomplishes the Torah mitzva of קידושין. In point of fact this abstract idea even accomplished and famous rabbis lack clarity over what actually a man acquires through the mitzva of קידושין. Never met a single student in Yeshiva, when asked this basic question – that answered: קידושין acquires Title to the Nefesh O’lam Ha’Bah souls born into the future of this marital relationship. Our focus has centered upon perhaps the two most famous rabbinic buffoons Boris Badenov and Natasha Fatale.
Gemara Halacha does not stand upon its own two legs as the statute halachic codifications infamously proclaim while preaching from their pedestals. Halacha ripped from the context of its Gemara sugiya directly compares to the פשט Chumash commentaries written by some of the most famous Reshonim, starting with Rashi’s commentary read in the manner, (according to the Chabad Moshiach Rebbe’s Rashi commentary), by a 5 year old child. Rashi p’shat does not stand divorced from its Primary Source precedents and how much more so from the Chumash to which it comments upon. This כלל applies to all Reshonim commentaries made upon the Chumash, the Talmud, and the Midrashim. My first year studying in a Yeshiva in Israel, it shocked me that my rabbinic instructors did not have the least bit of a clue how the Siddur serves as the model for the organization of the Sha’s Talmud!
The Yerushalmi, which I started to learn within my first month in Yeshiva, teaches that over 247 prophets – occupied in writing the Shemone Esrei. How many words does the 18 blessings of the Yerushalmi Shemone Esrei contain? The Shemone Esrei stands as the quintessential model wherein the Framers and editors of the Sha’s Talmud(s) edited and organized those most essential common law texts. Sha’s Sugiyot directly compare to the ברכות contained within the Shemone Esrei.
The Magen Avraham (מגן אברהם) opening blessing, directly aligns with the closing “Sim Shalom” closing blessing. This latter blessing, part of the Jewish liturgy which focuses tefillah, ie an oath created Angel – for peace, goodness, and blessings. The sugyot of the Talmud opens and closes with a “thesis statement” and a restated משנה תורה thesis statement. Likewise all points and issues raised in the body of each and every sugiya of Gemara falls within the sh’itta/line of the opening & closing thesis statement expressed in each and every sugiya of Gemara texts.
Siddur contains the שרש, meaning its a verb rather than a noun, like מלאכה – a verb rather than a noun, or like shalom כנגד peace a verb rather than a noun. This word מלאכה compares to – run or walk – verbs which describe actions. In like manner מלאכה describes the actions of skilled labor. Thus making it a verb and not a noun. It represents a different unique verb that does not communicate a specific clear action. Run & Walk as Olympic sports has an entirely different meaning than Run & Walk in normal usage.
Skilled labor or the need for trust for shalom to exist, separates the foundation of verbs from nouns. By focusing on actions, such as the action required to learn an off the dof precedent from a different mesechta of the Sha’s Bavli, this action rather than a passive noun of reading Reshonim commentary secondary sources, embodies dynamic relationships rather than merely conveying static Tur repeated Reshonim opinions. Its this unique quality which separates פרדס inductive reasoning from syllogism deductive reasoning. The one a dynamic logic format whereas the other a static logic format.
Learning an off the dof sugya of Gemara requires weaving that sugya perspective back to re-interpret both the language of that off the dof Mishna, as well as viewing the current studied sugya of Gemara viewed from a different perspective, and also making a משנה תורה re-interpretation of the language of the Home Mishna. By contrast reading a secondary source commentary focuses only upon the specific language contained within the sugya of the Home Gemara. Even the Baali Tosafot did not employ their off the dof precedents to re-interpret the original language of their Home Mishna!
The sin of the Golden Calf clearly proves beyond a shadow of a doubt that words have their limitations. Word translations of Divine Names or middot not equal nor the same as the Spirits which breath life within Divine Names and tohor middot. The latter revelation of the 13 middot introduced the tohor Spirits which define the Oral Torah at Horev! A Venn diagram might best describe how verbs, nouns, words & Spirits overlap and interweave with one another. This subtle distinction the Creed based belief system theologies do not grasp. John 1:1 – In the beginning was the Word, and the Word was with God, and the Word was God. Perhaps this one gospel verse best encapsulates the exact nature of Av tuma avoda zarah – expressed through the NT and the Koran creed belief system theologies which creates Gods from nothing.
Boris’s Arabic translation of Moreh Nevukim – Greek philosophy interpretation of Torah, baptized as Greek philosophy compares to the Hebrew T’NaCH translated unto the Xtian Old Testament bible perversions! Boris translated middot spirits as “physical attributes” – simply false, and totally wrong. The latter gross mistranslation of middot as physical attributes, implies that these spirits exist as physical qualities when in point of fact they do not. Middot serve as the basic elements which produce prophetic mussar, something like as do atoms in forming elements and molecules, proteins and fats as expressed through biology.
Concepts get lost through translations. An undergraduate scholar gets by with reading translated texts – as an introduction to the subject. A PhD scholar studies texts in their original languages. Because the NT, originally written in Greek, Xtian “scholars” (what a joke) they confuse Primary Sources with secondary translation, the priority of learning Hebrew and Aramaic of secondary importance to learning Greek & Latin. All Xtian translations of their bible abominations of av tuma avoda zarah stink with the foul smell of death corruption – like unto decaying bodies in Nazi mass graves of murdered Jews within the Death Camps. By their fruits you shall know them.
Modern 20th Century attempts to translate the Talmud, almost as corrupt as Xtian bible translations or the Muslim Koran throughout the Ages. Time-oriented tohor commandments create מלאכים יש מאין. Yet the Angel Gavriel dictated the Koran to Muhammad when that illiterate never learned the T’NaCH time-oriented wisdom. Who refers repeatedly about himself as “the prophet”. כלל: A person who testifies about himself – never believed. Why? Because he’s touching the matter, he has an ax to grind.
Boris’s Arabic Moreh Nevukim directly resembles Arabic writing styles, post publication of the Koran. He too writes extensively concerning prophets. Yet both Boris and Muhammad fail to grasp that T’NaCH prophets, like Sanhedrin courts, their jurisdiction limited strictly and only within the borders of the brit lands. Hence some mockers within the 10 Tribal kingdom of Israel would deride prophets, telling them to go back to the kingdom of Yechuda! The false prophets exposed within the Books of the NaCH, compare to both Boris and Muhammad. No Sanhedrin courts of common law No prophets – just that simple.
Prophets serve as police enforcers of Sanhedrin Judicial rulings. The prophet Yonah compares to the precedent set by Moshe Rabbeinu who established 3 Cities of Refuge with their small Sanhedrin Capital Crimes Courtrooms on the other side of the Jordan river. The Tannaim within the pages of the Jerushalmi Talmud debated whether king David established a small Sanhedrin court in the city of Damascus. A small Sanhedrin court in newly conquered land means that the government has nationalized this land as part of the borders of Israel.
Profound deep ideas compare to the layers of an onion. Peeling an onion often entails shedding of tears. Impossible to read a translation and understand complex abstract ideas. Any more that mobs of screaming assimilated Jews in New York holding up placards: “Not in Our Name”, who base their emotional assimilated mob mentality upon little more than Newspaper copy or pictures and gossip! The political assassination of Charlie Kirk testifies that mob emotional over reactions can no more bear rational thought than can diseased European minds can heal their brain cancer of antisemitism.
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הלוקח לולב מחבירו בשביעית נותן לו אתרוג במתנה לפי שאין רשאי ללוקחו בשביעית. גמ. לא רצה ליתן לו במתנה. מהו? אמר רב הונא, מבליע ליה דמי אתרוג בלולב וליתיב ליה בהדיא לפי שאין מוסרין דמי פירות שביעית לעם הארץ
Profaning shabbat in a public manner qualifies as a חילל השם, the same equally applies to profaning shemitah etrog/4 species in public. Selling or giving shemitah fruits to someone untrustworthy Heter Mechira modern orthodox who publicly display a lack of reverence for holy produce, resulting in חילול השם – showing public contempt for Torah obedience. Allowing and paying workers to work on Shabbat could result in חילול השם, as it not only violates Shabbat laws but also potentially influences public perception of Torah honor and obedience.
Torah in this sense compares to honoring ones’ father and mother. In both cases, the essence of חילול השם centers on public behavior that disrespects sacred traditions. Whether through giving shemitah produce to the untrustworthy Heter Mechira modern orthodox or allowing work on Shabbat while providing compensation, both situations risk undermining the sanctity of our common law judicial system as its respect applies in a communal context. Members of Israeli society bear full responsibility for upholding the values and integrity of the Torah as the Constitution of our Republic. The idea of חילול השם ברבים equally applies to קידושין witnessed by at least two kosher shabbat observant witnesses and a minyan of Israel. Forced child marriage likewise qualifies as a public חילול השם. That our “friend” Boris Badenov and Natasha Fatale validate קטנה ביאה קידושין would seem to qualify as לפי שאין מוסרין דמי פירות שביעית לעם הארץ.
אמר רב מחלוקת בפרי ראשון אבל בפרי [מעשר] שני דברי הכל בין דרך מקח בין דרך חילול והא דקתני לקח לקח איידי דתנא רישא לקח תנא נמי סיפא לקח איתיביה רבינא לרב אשי מי שיש לו סלע של שביעית וביקש ליקח בו חלוק כיצד יעשה ילך אצל חנווני הרגיל אצלו ואומר לו תן לי בסלע פירות ונותן לו וחוזר ואומר לו הרי פירות הללו נתונים לך במתנה והוא אומר לו הא לך סלע זו במתנה והלה לוקח בהן מה שירצה והא הכא דפרי שני הוא וקתני דרך מקח אין דרך חילול לא אלא א”ר אשי מחלוקת בפרי שני אבל בפרי ראשון ד”ה דרך מקח אין דרך חילול לא והא דקתני אחד שביעית ואחד מעשר שני מאי שביעית דמי שביעית דאי לא תימא הכי מעשר מעשר ממש והא כתיב (דברים יד) וצרת הכסף בידך אלא דמי מעשר הכא נמי דמי שביעת “דרך מקח”
(Derech mekkach) means (purchase), while “דרך חילול” refers to the concept of redemption or sanctifying items. Rav Ashi clarifies that the handling of מעשר שני fruits (which are viewed with less sanctity) has different rules compared to שביעית fruits. He emphasizes that while it’s permitted to purchase second fruits, it’s not permitted to engage in an act of redemption for them. The concept of how shemitah and מעשר שני respected, significantly impacts interactions among communal economic and agricultural practices, ensuring respect for Constitutional “rights” even in financial matters.
Rav Ashi does indicate that different rules for managing מעשר שני compared to שביעית. Specifically, he clarifies that while one may engage in transactions involving second tithe fruits, it’s not permissible to perform an act of redemption on them. Does this precedent imply that a father can sell his בת קטנה שאין לה דעת [in] קידושין על ידי ביאה? Based upon the Torah which evaluates the worth of young and old, based upon their different ages.
A bat ketana, a girl between the ages of 3 to 6 years, her father has the authority to make certain decisions on her behalf. The father can arrange a marriage for his bat ketana. He can sell her as a servant, on condition of קידושין at an age where she has דעת. Such a conditional קידושין must adhere to halachic principles, emphasizing the welfare and dignity of the child remain protected and respected.
Jewish law requires consent and respect for the individual’s autonomy, even if a father can Constitutionally sell off his בת קטנה as a maid servant. While a father has Constitutional rights regarding his bat ketana, these rights, definitely limited and restricted. Not absolute, and must be exercised in a manner that respects the child’s dignity and well-being. רבקה שאלה אם היא מסכימה ללכת עם אליעזר. Using bi’ah to effectuate kiddushin for a bat ketana, even one between the ages of 3 and 6, definitely problematic, both halachically and ethically. Thus, while the father has rights to make decisions on behalf of his daughter, the implications of those decisions must align with Jewish values and laws aimed at protecting the dignity of all individuals, most especially minors.
Having presented the first two legs of the syllogism now turn to the conclusion reached that follows our Gemara’s shared “sh’itta” line of reasoning.
אי הכי אתרוג נמי בת ששית הכנסת לשביעית היא, אתרוג בתר לקיטה אזלינן. והא בין ר”ג ובין ר’ אליעזר לענין שביעית אתרוג בתר חנטה אזלינן דתנן אתרוג שוה לאילן בג’ דרכים לערלה ולרבעי ולשביעית ולירק בדרך אחד שבשעת לקיטתו עישורו דברי רבן גמליאל. ר’ אליעזר אומר אתרוג שוה לאילן לכל דבר הוא
According to Rabbi Gamliel, while the etrog may be treated like a tree for most laws, it follows the rules of vegetables at the time of harvesting. This implies that the classification might depend on when it is picked rather than when it first sprouted. Rabbi Eliezer argues that the etrog, treated like a tree in every respect, suggesting that its status remains constant and influenced more by when it first buds (hantah) rather than when it is harvested. Boris indeed rules that the halacha follows the opinion of Rabbi Gamliel, indicating that the status of the etrog is determined at the time of harvesting (lekita) rather than when it first sprouts. This aligns with Rabbi Gamliel’s view that the etrog functions like a vegetable in this regard.
חדושי הרשב”א השלם. אתרוג שוה לאילן בג’ דרכים: אבל בתוס’ הקשו ליתני לכלאים. דירק בכרם אסור ואילן שרי. וליתני ארבעה כאילן ומשום הכי פירשו דהכא דין חנטה ולקיטה קתני. כלומר לערלה ולרבעי ולשביעית בתר חנטה כאילן. ולמעשר בתר לקיטה כירק. וכן פרש”י בעצמו במס’ ר”ה יד:ב.
According to the Rashba and as aligns with Rabbi Gamliel’s earlier position, the etrog – treated as a tree regarding certain mitzvot (like orlah and shemitah) and akin to a vegetables regarding ma’aser. The classification depends on two criteria: hantah (budding) for determining its status as a tree for certain laws and lekita (harvesting) for determining its status for others. For the purposes of shemitah, Rabbi Gamliel treats the etrog like a tree regarding issues like orlah and fruits of the shemitah year (as discussed, treated according to hantah). Understood in the contexts of קידושין, as the maturity of a young girl as the determinant for the mitzva of קידושין.
However, for ma’aser, he positions it as being determined at harvesting (lekita), indicating that the status of the etrog as a mitzvah based on its maturity at the time of picking impacts its halachic standing. The mitzva of קידושין does not recognize ma’aser as a valid precedent for קידושין. Rabban Gamliel does treat the etrog regarding shemitah in terms of when it has spouted, using that hantah for its classification. This means that its maturity and the time of picking (lekita) play roles in establishing its halachic status as a mitzvah for the four species on Sukkot. The laws governing קידושין operate under distinct principles and cannot simply rely on agricultural analogy.
The concept of using the etrog’s classifications (particularly regarding hantah and lekita) primarily applies in agricultural contexts and may not directly translate into personal status cases or marriage contracts. Hantah applies specifically to agricultural laws (like shemitah and orlah) and relates to factors affecting status at sprouting rather than directly influencing legal determinations regarding personal relationships.
Addressing the subject of קידושין, the maturity of a קטנה absolutely essential. Halachically, a קטנה can enter into a marriage contract, but her legal status regarding consent and obligation differs from more mature individuals. Both Torah & Halacha recognizes maturity through biological and social frameworks, focusing more on age and maturity, rather than agricultural analogies. Whatever the age of Rivka, she possessed the maturity to actively offers to draw water for both the servant and his camels, displaying generosity and initiative. Rivka exhibits kindness, industriousness, and a sense of responsibility. She acts decisively and goes beyond what is requested of her.
While the etrog serves as a useful metaphor under specific contexts, it doesn’t conclusively establish precedents for understanding ביאה with regard to a קטנה. The legal discussions surrounding קידושין involve different principles, such as consent, maturity, and the ability to fulfill the obligations of marriage—factors not inherently comparable to the agricultural considerations surrounding the etrog. The precedent of the etrog, while informative in its own right concerning agricultural laws, does not equate or qualify as a valid halachic source for learning about ביאה and קידושין as applicable to a קטנה. The laws governing these matters, distinctly nuanced and require principles rooted in personal status, consent, and maturity rather than agricultural classifications.
Boris divorced his statute law halachic code unto shoe-box legal classifications. As such he failed to weigh the halachic value measured as a precedent by which to interpret the k’vanna of the Home Mishna. This failure condemns his Yad/Tur\Aruch sh’itta of learning as false and wrong. Simply because his halachic codes fails to understand the Talmud in the context of the Talmud’s own usage of halachic precedents. This gross fundamental flaw, this flagrant error perverts his halachic opinions and makes them נידוי in comparison to the halachic common law code of the B’HaG, Rif, and Rosh.
Hantah relates to the classification of agricultural products and the conditions under which they grow. It’s primarily concerned with agricultural laws, especially regarding the timing of certain commandments like shemitah and orlah. This concept focuses on the biological aspects of plant growth and does not lend itself well to personal or legal status issues such as marriage.
The maturity of a קטנה (minor girl) is crucial in the context of kiddushin. While a קטנה can technically enter into a marriage contract, her legal status regarding consent, obligations, and responsibilities is different from that of more mature individuals. Halachic discourse emphasizes biological and social maturity as essential criteria for entering into kiddushin. The focus remains on the individual’s capacity to understand and fulfill marital obligations.
While the etrog serves as a metaphorical example in some contexts, it lacks direct applicability to personal status cases, particularly regarding bi’ah and kiddushin. Legal discussions about marriage require principles rooted in individual consent, maturity, and the responsibilities that come with marital commitments, simply not inherently connected to agricultural classifications.
By divorcing statute law from common law precedents together with the nuanced halachic historical and cultural contexts, Boris misinterpreting the Talmud’s own legal framework and principles. Common law makes a פרדס depth analysis by means of making comparative precedents. But the style of the Sha’s Talmud of ‘Difficulty and Answer’ – requires that down stream generations challenge the validity and strength of precedents which the Gemara introduces. Its this essence which makes Talmud in point of fact to actually mean “study”.
A scholar must train his mind to weigh the strengths and weaknesses of precedents introduced. In a Court of Law; the Defense and Prosecuting Attorney absolutely must weigh the precedents raised by their opposing Justice. And compare a precedent introduced in the opposing Justice brief weighed against the merits of his own counter precedents.
The purpose of lateral Sanhedrin courtrooms, they pit an equal number of judges against an equal number of opposing justices. This Court hears a Case by pitting the two opposing sets of precedential briefs head to head one against the other. Court justices have the training and obligation to weigh the merits & demerits of a precedent weighed against different counter precedents.
A Sanhedrin Court does not “race” to determine religious ritual practices! This error the Reshonim commentaries expressly transgressed. The Talmud serves to introduce precedents in a Court Case, and not a religious debate of how to keep ritual halacha according to some specified authority figure – as it halacha depends upon some cult of personality. G’lut Jewry during the Dark and Middle Ages of absolute church tyranny, this harsh reality twisted rabbinic Judaism into establishing fixed religious practices and prioritizes rabbinic opinions over other equally valid rabbinic opinions. Dispersed Jewish g’lut communities with little or no inter-state communications required a simplified standardization of halacha.
These cruel harsh realities of g’lut forced leaders like the B’HaG, Rif, Baali Tosafot, and Rosh to concede to the public need to organize ritual religious halacha into some simplified codes of halachic law; the Smag – a Baali Tosafot pro Rambam halachic codifier. The racist violence G’lut Jewry had to endure meant that the common man did not have the means to study Talmudic common law; the chief justification for Boris’s over-simplified Yad. Only the cream of the crop merited to study in Yeshivot.
Boris’s Sefer HaMitzvot, another over-simplified static codification of Torah commandments which divorced Talmudic Oral Torah halacha, like his code likewise divorced his halachic organization from their Home Mishnaot and halacha from aggadic sources. His sefer Ha’Mitzvot perverted Torah commandments, reduced to positive and negative commandments restricted only to the language of the Written Torah. This utter bone headed mistake makes his Sefer Ha’Mitzvot on par with his Yad travesty of justice. Acceptance of the yoke of the kingdom of Heaven entails the k’vanna of the chosen Cohen people; the unification of Written Torah and Oral Torah as ONE set of time-oriented Torah commandments. The perversion of ONE interpreted as justification for belief in Monotheism – an utter Torah abomination.
As the statute halachic codes perverted Talmudic common law unto Roman statute law; the same exact thumb up the ass error made with the Written Torah vs the Oral Torah justification of exactly why the church condemned the Talmud as having no part with the revelation of the Oral Torah at Horev. The Sefer בראשית introduces Av mitzvot time-oriented commandments – inclusive of the halachot within the Sha’s whose k’vanna determined by the Aggadic and Midrashic drosh made upon prophetic mussar from the T’NaCH.
This crucial component of the Sha’s Bavli all the halachic codes totally ignored. Jews simply stopped or forgot that the framers of Midrash wrote those texts to serve as a commentary to the Aggada of the Talmud. The Aggada makes a פרדס דרוש\פשט directly to the T’NaCH Primary Sources. Prophetic mussar planted as seeds within the Yatzir Ha’Tov within our heart blooms into unique understandings. These understandings become the פשט meaning of Aggadic stories original intent. The next three Books of the Written Constitution of the Republic of Israel introduces קום ועשה ושב ולא תעשה תולדות בניני אבות מצוות שלא צריך כוונה. The last Book of the Written Constitution of the Republic of Israel introduces משנה תורה-Common law courts. Common law stands upon the יסוד של בניני אבות precedents, based upon Sefer דברים. Herein defines the Order of the Sha’s Bavli and Yerushalmi.
Talmudic scholarship, according to the k’vanna of its Framers, seeks that down stream generations weave Aggadic prophetic mussar p’shat as the heart dedication of keeping halachic mitzvot whose aliya unto tohor time-oriented commandments which require k’vanna raises these rabbinic ritual observances unto mitzvot דאורייתא through פרדס רמז\סוד logic. Boris abandoned and caused Israel to forget the Oral Torah; he blew out the Hanukkah lights.
Zionism, which means Jewish self determination in the Middle East, denounces g’lut Jewry. It empathizes with their cruel plight Goyim barbarians forced them to endure. But it denounces as a war crime the Roman obliteration of Judean Judicial Constitutional common law courts perverted over the Centuries unto ritual religious observances.
Post the ’48 and ’67 two Wars of National Independence, can our people find it within their hearts to pursue the Zionist dream and achieve self-determination which restores the Written Torah as the Constitution of our Republic of 12 Tribes and the Sanhedrin common law courtroom Federal system of common law enforced by means of Prophetic police. Emphasis upon “common law”, because Boris and his Snidely Whiplash boot licking cronies have perverted T’NaCH\Talmudic common law unto Greek/Roman egg-crate statute law. Can our people achieve self-determination and achieve Legislative Review as a Torah mandate for the Great Sanhedrin Court to regulate, in the manner that a bureaucracy has overview upon Industry, all statute laws passed by our Knesset Parliament?