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1h
comment Is sexual assault considered yehareig v'al yaavor?
@user6591 Although you are correct about a lav d'rabbanan; after all, in such extreme sha'as hash'mad type circumstances b'farhesya, even ark'sa d'mesana is yeihareig v'al ya'avor. But this is not true in a normal case. Anyway 183 is pretty brief (half of a column), it shouldn't take long to review.
1h
comment Is sexual assault considered yehareig v'al yaavor?
@user6591 On the contrary, in 183 he rules not yeihareig (unless it is a situation where a non-Jew is intentionally trying to get him to violate his religion or it is b'farhesya). | To correct my earlier comments, the CY indicates that any case where he would be forced to kiss the woman would, by dint of the circumstances, not be derech chiba. Regarding the situation of seeing the woman unclothed, the CY gives various possible reasons to disagree with the Ran, but the CY's ultimate point is clear: In a general case, yeihareig v'al ya'avor would not apply to there.
1h
comment Is sexual assault considered yehareig v'al yaavor?
@user6591 I didn't look at 183 yet, but in 182, the C.Y. challenges the Shach because it appears that only the Ran would hold that, under general circumstances, all those actions would fall under yeihareig v'al ya'avor, whereas the Rambam, et. al., would say that, generally speaking, even derech chiba contact would not be yeihareig v'al ya'avor (and presumably also not seeing her unclothed, which the C.Y. says - at least within R' Acha - was a hora'as sha'a where the Rabbis made a point by not giving their approval).
1h
comment Is sexual assault considered yehareig v'al yaavor?
The Chachamim ruled he should die. How about for her to stand naked in front of him? Die. Talk to her from behind a fence? Die. However, see Chavos Ya'ir (§182), who challenges the Shach's opinion that this ruling would apply under normal circumstances.
21h
comment Does Judaism have anything on maiden names?
@Shokhet Some women keep their maiden names in a professional context, but adopt their husbands' surnames in a social context.
1d
comment Is Havdalah Mideoraita or Mideraban?
See here.
Jun
26
comment Zera levatala - source of issur from Torah
@yEz Further, the mechanics of bitul asei vis-a-vis השחתת זרע require clarification (according to those opinions who see that as the problem): Is the destruction of any particular זרע considered a bitul asei since you are preventing it from being mazria', or is it simply a matter of whether an individual will more broadly be prevented from fulfilling p'ru urvu? If the latter, then why is this viewed as an absolute prohibition according to opinions that view the prohibition as a bitul of p'ru urvu (since, for one thing, the action doesn't always prevent p'ru urvu)?
Jun
26
comment Zera levatala - source of issur from Torah
@yEz Fair enough. The mechanics of a bitul asei deserve a proper treatment of their own, particularly the question of whether an absolute but non-inherent prohibition preventing someone from fulfilling a mitzva (e.g. polygamy with respect to p'ru urvu) renders the possibility of a bitul asei moot.
Jun
26
comment In Kiddush Levana, what does the phrase עֲטֶרֶת תִּפְאֶרֶת לַעֲמוּסֵי בָטֶן refer to?
"שִׁמְעוּ אֵלַי בֵּית יַעֲקֹב וְכָל שְׁאֵרִית בֵּית יִשְׂרָאֵל הַעֲמֻסִים מִנִּי בֶטֶן הַנְּשֻׂאִים מִנִּי רָחַם" (Y'sha'yahu 46:3).
Jun
26
comment Zera levatala - source of issur from Torah
@DoubleAA Seems logical, but it bears mentioning that all this is within the framework of p'ru urvu and the opinions of Rabbeinu Tam and the Tosafos HaRosh. Of course, there are other opinions that give different reasons for the prohibition (according to which it would still be prohibited).
Jun
26
comment Will Moshiach identify Jews currently thought to be non-Jews?
Perhaps this is related to the question of whether the 10 Tribes will return (somewhat related to that: judaism.stackexchange.com/q/50529).
Jun
22
comment Why do all women deserve to suffer for the sin of one woman, Chava?
What about 3:17-19? Or 9:25-27? Or 3:14-15, for that matter? So if you are asking why this sort of phenomenon happens, this question can easily be generalized to include classes other than women. (Unless you are instead asking about the significance of those specific consequences of Chava's behavior, in which case there is of course no reason to generalize the question).
Jun
22
comment What are “secrets of Torah” according to the Rambam?
How about, for example, sod ha'ibbur (i.e. the secret wisdom behind declaring the months and years, see Hil. Kiddush HaChodesh 11:4)‌​? Other examples may be found in the mishna (Chagiga 11b).
Jun
22
comment Why is a Haftorah recited on fast days?
@DoubleAA Yeah, it looks like that's it. As far as Aneinu, I meant according to the custom mentioned in the Rama; I was proposing that maybe the afternoon haftara custom derived from a similar source ("relatively recent," as you put it). But anyway, it looks like you're right instead.
Jun
21
comment Why is a Haftorah recited on fast days?
My first thought was it's the same reason that individuals only recite Aneinu at Mincha; by Mincha time, you can be reasonably confident that people who are still fasting will complete their fast (Shulchan Aruch 565:3; alternatively, having fasted past chatzos has some significance in and of itself). But the sha"tz still says Aneinu, so why not just have him read the haftara in the morning, too, and thereby mitigate this concern by doubling down on the same person? (Note that on Tish'a B'Av, we do recite "Asof Asifeim" in the morning in addition to "Dirshu" in the afternoon).
Jun
21
comment What happens when food or vessels or a tent become Tumeh? Do they transmite Tumeh to others?
Related: judaism.stackexchange.com/q/31904
Jun
21
comment Laws regarding putting someone to death for violating the sabbath
@DavidFeigen The source is Shabbos 96b: ת"ר מקושש זה צלפחד... דברי ר' עקיבא... In short, R' Akiva identifies the m'kosheish as T'zlofchad, and R' Y'huda ben B'seira criticizes this identification because it denigrates an innocent man if it is incorrect, and, even if it is correct, it reveals information that the Torah intentionally obscured (since R' Akiva's exposition is not based on an exegetical tradition for a g'zeira shava). (Presumably, R' Akiva could respond to this, but his response is not mentioned explicitly).
Jun
19
comment The Rebbe as a prophet — how?
Prophecy in general is supposed to return in the time of mashiach (Yo'el 3:1). A better question might be why the period of prophecy is thought to have returned (according to that belief), and whether other Jews nowadays are also thought to be prophets.
Jun
19
comment Did God acquire His good qualities?
The notion of HaShem acquiring qualities is anachronistic, as is even the notion of Him possessing independent qualities (despite the necessary anthropopathisms in Tanach). See the relevant discussion, for example, in חובות הלבבות (Sha'ar HaYichud, ch. 8-10, but especially ch. 10), in addition to the relevant passages from the Ramchal cited in yEz's answer below).
Jun
19
comment Teffilin during Shabat
Just to clarify: As indicated by @Mefaresh, we clearly follow the opinion that t'fillin simply does not apply on Shabbos (Eruvin 96a, M'nachos 36b). The S'mag was talking in a טעמי המצוות sense rather than a halachic sense, so I was suggesting along those lines either that women have "two eidim" in the collective sense that milah and t'fillin apply to the Jewish people, or that women have no individual need for "two eidim." Either way, the S'mag is speaking homiletically, as the "os" exposition of the Talmud does not extend exegetically to a need for two at once.