Even Beis Din Doesn’t Invade Private Property

Note well the careful language used b the Shulchan Aruch at the end of Hilchos Yom Tov:

חייבים ב”ד להעמיד שוטרים ברגלים, שיהיו משוטטים ומחפשים בגנות ובפרדסים ועל הנהרות שלא יתקבצו שם לאכול ולשתות אנשים ונשים, ויבואו לידי עבירה, וכן יזהירו בדבר זה לכל העם, שלא יתערבו אנשים ונשים בבתיהם בשמחה ולא ימשכו ביין, שמא יבואו לידי עבירה, אלא יהיו כולם קדושים.

They “search” public property but only “ensure” regarding private property.

Avraham Rivkas: How NOT to Learn Halacha from History

A Rabbi named Peter?

We find several Tosafists (“Ba’alei Tosafos”) with peculiar names, the most surprising being, perhaps, “Rabbenu Peter”, see Tosafos Gittin 8a. Needless to say, Peter is not a Jewish name.

Although it is true that many Rishonim had additional secular names for legal and other reasons, it is not likely these would be mentioned in their own Torah books, unwarranted and unrequired. Here, the convention is to mention the ‘religious’ Hebrew name throughout the book (and often the patronymic name on the title page). Most Tosafists are, in fact, identified by their Hebrew names, either in full or in acronyms. Take Rabbi Yitzchak (Ri), Rabbi Shimon ben Meir (Rashbam), Rabbi Moshe (Haram), etc.

Several Poskim have discussed the name Peter as regards the laws of names in Gittin (Jewish Divorce) based on this Tosafos. They (tentatively) wish to establish the name as a legally Jewish one in this respect. No, not any assimilated Peter, but anyone hypothetically named after this Rabbi would be written on a Get as פטר; not פעט(ע)ר!

I once heard a better explanation from Rabbi Yechiel Sternberg, chief editor of Yeshurun, a well-regarded Torah journal. He noted there are also Rabbenu Tam, Rabbi Yosef Bechor Shor, Rabbi Porat, and probably others, none of whom are referred to by their real name.

It is therefore quite likely that Rabbenu “Peter”, too, is merely a “Term of Endearment” for a Tosafist who was a firstborn as per Exodus 34:19 see Rashi ad. loc. and Numbers 3:12). He also mentioned another option I can’t remember. Either way, his name is not to be enunciated as “Pea-ter” but as “Pet-ehr”. פטר is no name at all, just a nickname.

Now let’s get back to the other Tosafists (I’m sure you all know the rest, but still).

“Rabbenu Tam” is known to be a reference to Rabbi Yaakov, a grandson of Rashi and uncle to Ri the Elder, c.f. Tosafos sub voce “Amar” Beitza 17b.

I once read a theory that this title is a reference to the story in Tosafos Kesubos 47b where he “neutralized” the interpretation of “Vetam Larik Kochachem”. In my opinion, this is unlikely. Had this been true, that same Tosafos would have mentioned as much.

The standard explanation for the nickname is this verse describing his biblical namesake Jacob —

ויעקב איש תם ישב אהלים

In this context, “Tam” means either “perfect” or “innocent”, an honorific deemed to fit Rashi’s esteemed grandson.

By the way, Rabbenu Tam is not the only Tosafist named Yaakov. Another is Rabbi Yaakov of Orleans, c.f. Tosafos Pesachim beginning of 8b (and many other places). In the recently published Tosafos on Shabbos there is a “new” Tosafist called simply “Tam” (not to be confused with Tom!). His first name must have been Yaakov too!

As for Rabbi Yosef “Bechor Shor”, here both the true name and the nickname are recorded together. Note Tosafos s.v. “Tevuos” Sanhedrin 42a, that “Bechor Shor” is an allusion to Yosef. Go on; tell us your own theory for the reference!

“Rabbi Porat”, too, must be a Yosef, just as the “original” Joseph was called (Genesis 49:22) —

בן פרת יוסף בן פרת עלי עין

(“Porat” here means charm or glory, check commentaries ad. loc.)

Tosafos Nazir 10a s.v. “Parah” quotes a “Rabbi, Rabbenu Yosef”, and Tosafos ibid. 37b s.v. “Migi’ulei” mentions a Rabbi Yossi, both from Jerusalem. A certain modern author wonders how come two Tosafists both termed Joseph were living in Jerusalem at a time when not many Jews at all were located in Israel. Legally speaking, Yosef and Yosi are definitely not the same name, nor is Yossi the truncated form of Yosef.

Ah, but could ‘Yossi’ be merely a nickname for Yosef?

This train of thought solves an additional problem as well. Various scholars have wondered at our newfound ‘Custom’ of giving compound names. Some have tried to point out the Tosafist “Rabbi Yaakov Israel” as evidence of this being somewhat common even before our time (see Tosafos s.v. “Hani” Chulin 112a). Then again, who is to say this is not simply another example of Tosafists receiving “pet names”?

Maybe his real name is either “Yaakov” or “Israel”, and his title became “Rabbi Yaakov Israel” as a reminder of the verse in which our forefather Jacob had an alternative name gifted him by an angel he defeated, see Genesis 32:29 —

ויאמר לא יעקב יאמר עוד שמך כי אם ישראל

(Perhaps Rabbi Y. won a fearsome battle…)

Clearly, some of this is mere speculation, but the point here is not to decide matters but to avoid a decision, showing how they might also be resolved without reaching newfound Halachic (and quasi-Halachic) conclusions.

This post is not just for those few editors doing work on the Tosafos, but to remind us of something we often forget. Just like when using logic to reach Halachic conclusions, attempting to learn Halacha from history, too, must be done carefully and painstakingly. Yes, this is an extreme example, but the point is still valid.

P.S. I am very well aware there is more to be said on several of the issues addressed in this post.

Have something to say? Write to Avraham Rivkas: CommentTorah@gmail.com

Ron Paul on the Bitcoin Bubble

Ron Paul: “Cryptocurrency Is a Reflection of the Disaster of the Monetary Dollar System”

Ron Paul appeared on CNBC to warn viewers that cryptocurrencies had become an asset that rivals the bubble he sees in stocks…

“I think it’s going to continue to do exactly what it’s doing. It’s going higher and it’s going lower,” he said Tuesday on CNBC’s ‘Futures Now’.

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“We can look at what’s happening now, which to me is a climactic end of QEs.”

CNBC reports that Pauls sees the cryptocurrency craze as a side effect of central banks doing several rounds of quantitative easing to cope with the last financial crisis.

I look at the problems we face. I think they’re gigantic and people are desperate and looking everywhere. Why would they buy bonds that pay negative interest rates? Why would they buy stocks, and say well this time it’s different? ” asked Paul.

“Cryptocurrency is a reflection of the disaster of the monetary dollar system.”

Continue reading…

From Lewrockwell.com, here.

re: ‘Why Does Nobody Want to Marry Gerrer Chassidim?’

In answer we just quoted Mishna Sotah 3:4:

רבי יהושע אומר, רוצה אשה בקב ותפלות מתשעה קבין ופרישות. הוא היה אומר, חסיד שוטה, ורשע ערום, ואשה פרושה, ומכות פרושין, הרי אלו מכלי עולם.

But as a reader noted, the Chassidic Cursedian conception of sexuality (especially among certain sects) is well-known already. My point, instead, was that Gerrer relative wealth and material comfort doesn’t overcome the lack of other things for women.

Even if the innocent girls don’t know what goes on, their fathers do. Even Lavan Harasha cared about his daughters’ happiness:

Rashi Breishis 31:50:

אם תענה את בנתי, למנוע מהן עונת תשמיש (יומא ע”ז).

P.S. This was inspired by someone telling me Gur forbids hugs and kisses even between male family members or male friends (not that Gerrer Chassidim are alone, sadly), contra recent Parshiyos:

“ויפל על צוארי בנימן אחיו ויבך ובנימן בכה על צואריו. וינשק לכל אחיו ויבך עלהם… וירא אליו ויפל על צואריו ויבך על צואריו עוד”.

Feiglin on the Real Reason to Throw out Bibi

Not Because of Corruption: By Moshe Feiglin

When a famous rabbi joins the agenda dictated by Netanyahu nemesis Eldad Yaniv, he doesn’t turn himself into a soldier in the service of morality. Just the opposite. He and those who follow him turn themselves into soldiers in the service of the disgusting manipulations of the most filthy, despicable creatures in our midst.

The same rabbi supported executing the orders to drive the residents of Gush Katif from their homes. In other words, he indirectly enabled the moral abomination that no corruption can equal. In my eyes, this rabbi’s moral compass is completely off course.

Rightist Yoaz Hendel, who is heading an anti-corruption demonstration scheduled for Saturday night, is right when he talks about the danger of corruption, but he is mixing the important with the unimportant. Corruption and dishonesty have always been here. They are always serious problems, they must always be fought – and I did so without fear when I was an MK.

It is good that the corruption in Netanyahu’s back yard is being investigated and it is good that the public doesn’t like it. However, the level of corruption is currently much lower than it was in the days of Sharon, Barak and Peres. I do not remember demonstrations against corruption then, featuring rabbis, journalist and MKs.

In Israel, corruption is a geographical matter. When it is in the Right’s territory, it is a national agenda. When it is in the Left’s… the offenders are pampered.

Netanyahu’s personal conduct is objectionable. He has to go home, but not because of corruption. He has to go home because the strategy of “Let’s just make it to twelve o’clock tonight and we’ll see what happens tomorrow” – or in other words, the total lack of any strategy other than personal survival, has turned the man into a strategic catastrophe for the State of Israel.

The man who explained years ago that his main objective was to neutralize the Iranian nuclear threat, passed the responsibility for that to Obama – and destroyed the Iranian nuclear reactor with his speeches. Netanyahu is responsible for the fact that not only will Iran have nuclear capabilities, but they will be sitting on our border, a short distance from Tel Aviv.

Netanyahu is the man who removed the metal detectors so that the Arabs would return to the Temple Mount. He is the man who prevented the move of the US embassy to Jerusalem (no – it did not move) and VP Pence’s speech at the Western Wall (did you really think that Pence didn’t come because of Rabbi Rabinovitz?). He is the man who neutralized any effective bills limiting the power of the High Court. He is a man with no vision – and he must go home.

 Because when a nation has no vision, it becomes corrupt. The time has come for leadership with vision. If the demonstrations against Netanyahu will ultimately depose him, I will not be sorry. But I cannot lie to myself and participate in them.

From Jewish Israel, here.