Now really the largest government ever

3 years ago I posted The largest government ever in Israel 27+ ministers. Politics moves on and Netanyahu's new government will eclipse Olmert's overblown government.

As I pointed out in that post out of 10 other democracies that I surveyed (most of them Parliamentary democracies) the average number of ministers is 16, Sweden having the smallest with 10 and the UK the largest with 22.

Given the small population and size of Israel in comparison to most of these other countries, we can see that 30 ministers is absolutely ridiculous.

In truth, I don't blame Netanyahu, he is doing what he needs to do to create a government that will be stable. The election system is at fault and needs to be changed. Unfortunately, I don't think there is much chance of that happening.

Are you allowed to sell real Chametz to a גוי?

A number of acharonim say no based on the following.

The Gemara in Shabbos has the following story. There is an issur d'rabbanan to go on a boat on Shabbos. One of the chachamim wanted to get across the river on Shabbos but he didn't want to violate the issur. Therefore he did the following. He got on the boat well before it left and pretended to fall asleep. Then when the boat got to the other side he pretended to wake up and got off. Someone asked his Rebbe how is that permitted? The Rebbe answered that a הערמה is permitted for a talmid chacham to get around an issur d'rabbanan.

These acharonim say that selling your chametz is a הערמה and therefore should only be permitted for chametz d'rabbanan as the Gemara in Shabbos seems to say.

RHS explained why many permit selling real chametz as follows. The Gemara in בכורות says that R' Mari was punished for selling his בכור to a גוי. Yet, Tosafos says that today we do this all the time. Tosafos explains that we have no other choice to save us from the איסור of בכור and therefore it is permitted to do a איסור דאורייתא and sell it to a גוי. You see clearly from the Tosafos and the Gemara in בכורות that a הערמה is permitted even by an issur torah (בכור).

The answer is that הערמה is only prohibited to get you out of doing a mitzva but to save you from violating an aveira a הערמה is always permitted.

What about the Gemara in Shabbos? That is a different case. There the chacham actually violated the issur, he went on the boat on Shabbos. In that situation, he was only allowed to violate an issur d'rabbanan בהערמה.

There is a fundamental distinction. If you are doing the הערמה to prevent you from violating an issur it is always מותר even for an איסור דאורייתא. However, if you are actually violating the issur בהערמה then it is only מותר for an issur d'rabbanan and a talmid chacham.

Since selling real chametz is a הערמה to prevent you from violating the issur it is permitted even for an איסור דאורייתא.

Does מצה need to be yours?

This is a very important question for anyone who goes away. If מצה needs to be yours to be יוצא the mitzva, when you go away for the seder you may not be יוצא.

The Gemara in Pesachim (38a) states that you cannot be יוצא with matza of מעשר שני if מעשר שני is ממון גבוה which is the way that we pasken. The Gemara asks why? We understand why you aren't יוצא with an Esrog of מעשר שני because it isn't yours and by the 4 minim it says לכם, however by matza it doesn't say מצתכם. The gemara answers that it is learned out from חלה that חלה needs to be משלכם.

The simple reading of the Gemara is that there is a דין of לכם by matza as well learned out from חלה and this is the reason why you are not יוצא with matza of מעשר שני. This is how the Rosh paskens.

However, the Rambam paskens that you are not יוצא with matza of מעשר שני, yet when it comes to stolen matzah he says you are not יוצא because of מצוה הבא בעבירה. The obvious questions is why didn't the Rambam say that you are not יוצא because it isn't yours and matzah needs to be yours. The answer would seem to be that the Rambam holds that matzah doesn't need to be yours.

RYBS explained the Rambam as follows. The Gemara learned out מצה from חלה. However, by חלה there really is no din of לכם. You are חייב חלה even if you use your friends dough. The Rambam understood the Gemara as follows. The Gemara rejected the idea that matza has to be yours because it doesn't say מצתכם. The Gemara learns out a different din from חלה. Namely, that you are not יוצא with matza of מעשר שני just like an עיסה of מעשר שני is not חייב in חלה. The reason for this is that מעשר שני is ממון גבוה, however, not because it isn't yours but because you cannot be יוצא with something that is הקדש. In other words, it is a special din by הקדש and not a general din of לכם. Therefore there is no din by matza that it needs to be yours.

The Taz raises this usse in Shulchan Aruch and answers that the person who gives you the food has the intention of being מקנה the food to you and therefore it would be yours. However, this is actually a מחלוקת in Even Haezer. What happenes if Reuven is eating in Shimon's house and is מקדש Rivka with the food that Shimon gave him to eat? There are 2 opinions whether he is married or not, the question being was Shimon מקנה him the food or not. Therefore on pesach night the host should explicitly be מקנה the matza to his guests.

Sorry for no posts, I am traveling

I am traveling on business and therefore have very little time to post. I find that when I travel I am usually really tired and when I finish work I have no energy to do anything.

I hope to resume posting later this week.

The El Al boycott coming back?

רבני המהדרין: לא לטוס באל על

Instead of flying on El Al (which has movies) they recommend flying on European airlines with no movies.

Here are the airlines with no movies:

US - (flights in the US) - US Airways
London - BMI
Belgium - Jet Air, Brussels Airlines
France - Nex Axis Airways
Poland - LOT, Aerosvit Airlines
Hungary - Malev
Czechoslavakia - Czech Airlines

Some more interesting facts about the אבנט

There is a machlokes in Yoma whether the אבנט of a regular Kohen was כלאים or not. The Gemara in Erchin 3b assumes that it was. The Gemara there has a ה"א that a Kohen should be פטור from ציצית because maybe you are only chayav in ציצית if you can't wear כלאים, however, Kohanim who wear כלאים (e.g. the אבנט) would be פטורים. The Gemara answers that since they can only wear כלאים while doing avoda they are chayav in ציצית.

The din is that a Kohen is allowed to wear the בגדי כהונה in the Beis Hamikdash while not doing the avoda. However, the Rambam writes that the אבנט, the Kohen must take off as soon as he finishes the avoda since it is כלאים. The only heter that the Kohen has to wear it is עשה דוחה לא תעשה, as soon as he finishes the avoda this no longer applies. The Raavad disagrees and holds that the אבנט is no different then the other בגדים and can be worn even while not doing avoda.

Interesting facts about the אבנט

The אבנט is one of the lesser know of the בגדי כהונה.

Length - It doesn't give a length in the Chumash. The Yerushalmi (Yoma 8:3) states that it was 32 אמה long. An אמה is between 18 and 24 inches making the אבנט a whopping 48-64 feet long.

Where was it worn on the body? - I always thought that the אבנט was a belt. However, the Gemara in זבחים י"ט learns out from a pasuk in נביא that the Kohen wore the אבנט higher then a belt. The gemara states that he wore it right below the heart where the elbows meet the body (if you hold your elbows against your body).

How many times did the Kohen wrap it around? - As we saw above the אבנט was very long. The Shita Mekubetzes (Erchin 16a) states that he wrapped it around 32 times כנגד לב. However this is very difficult. The average waist/chest is at least 36 inches (3 feet). 64 / 3 = 21.3 and therefore I don't see how it would be possible to wrap it 32 times.

What is the אבנט מכפר for? - The Gemara in Erchin (16a) comments that just like Korbanos are מכפר the בגדי כהונה are מכפר. The Gemara explains that the אבנט is מכפר for הרהור הלב (meaning avoda zara where you are חייב for thought). The Yerushalmi has another interpretation that it is מכפר on someone who is not straight. The reason being that the אבנט was not wrapped straight but rather at an angle so that it didn't make such a big lump in the front and back.

The emperor has no clothes, a two state solution has no chance

Finally someone has said it, that someone being former chairman of Israel's National Security Council Giora Eiland, that there is no chance of implementing a 2 state solution. Someone should show this article to Tzippi and Hillary.

No chance for 2 states

Not only is it far from being the single solution, it’s a bad solution, and will likely never be achieved.


The idea of "two states" is based on a series of assumptions: First, the assumption that the primary Palestinian national ambition is statehood. There is no basis to this. The Palestinian ethos is based on values such as justice, victimization, revenge, and above all, the "right of return."


It's true that the Palestinians want to do away with the occupation, but it's wrong to assume that this translates into a desire for an independent state. They would prefer the solution of "no state at all" – that is, the State of Israel will cease to exist and the area between the Mediterranean Sea and the Jordan River will be divided among Jordan, Syria and Egypt.


The second assumption is that if a Palestinian state is created, it will be ruled by "moderates." There is no basis to this. It is likely that the regime in the Gaza Strip and the West Bank will fall within a short time into the hands of Hamas.


The third assumption is that two stable states can exist in the narrow strip that lies between the Mediterranean Sea and the Jordan River. It is easy to prove this is not possible: the Palestinian state will not be able to be independent and Israel will not be able to defend itself.


The fourth assumption is that Israel can implement this agreement; that is, an agreement that entails evacuating 100,000 settlers from Judea and Samaria. Even if we ignore the social and political intricacies of this, such an operation would cost more than $30 billion, not including billions more that will be required to redeploy the army. Is this possible?

Who wrote Megilas Esther?

At first glance the answer seems obvious, Mordechai as it says in the Megilla. In fact Rashi comments on the pasuk, ויכתוב מרדכי - that Mordechai wrote the Megilla as we have it. However, the Gemara in Bava Basra seems to contradict this. The Gemara there details who wrote each one of the 24 sefarim of Tanach. The Gemara says that the Anshei Knesset Hagedola wrote: Yechezkel, Trei Asar, Daniel, and Esther. Rashi explains that all of these happened in chutz laaretz and לא נתנה נבואה ליכתב בחוץ לארץ. Therefore the אנשי כנסת הגדולה wrote them later in Israel.

So who wrote Megilas Esther? Mordechai or the אנשי כנסת הגדולה? In truth, Mordechai was a member of the אנשי כנסת הגדולה however that doesn't help us for 2 reasons:

1. The אנשי כנסת הגדולה did not yet exist at the time of Purim, it was only created after the second beis hamikdash was built
2. Mordechai wrote the Megilla in Shushan and as Rashi explained נבואה cannot be written outside of Israel and the reason why the אנשי כנסת הגדולה wrote these seforim is specifically because the events occured in chu"l and they needed to be written in Israel.

The Brisker Rav has a fascinating answer. The Rambam in Hilchos Megilla leaves out certain dinim (עיבוד לשמה, the way to write the 10 sons of Haman, etc.). On the other hand, the Megilla has other dinim that are the same as a sefer torah. The Brisker Rav explains that there are 2 dinim of Megilla.

1. Megilla as a sefer/letter that was written by Mordechai right after Purim. This did not have the status of being part of Tanach. At that time the Chachamim created a chiyuv to read that sefer that Mordechai wrote
2. Megilla as part of Tanach.

Based on this he explains why the Rambam left out certain dinim and included certain dinim.

What comes out is that according to the Brisker Rav, Megillas Esther was written twice. The first time, in Shushan by Mordechai, it was not part of Tanach and had no kedusha. However, this is the sefer that we are chayav to read on Purim. Later in Israel the Anshei Knesset Hagedola rewrote the sefer and included it as part of Tanach.

What does it mean that the אנשי כנסת הגדולה wrote the sefer in Israel . The simple understanding of the Gemara in Bava Basra is that they actually rewrote the whole sefer ברוח הקדש as Rashi explicitly writes that they wrote the seforim in Israel. What is amazing is that the אנשי כנסת הגדולה wrote ברוח הקדש the exact same thing word for word as what Mordechai wrote in Shushan. The chiyuv to read the Megilla is what Mordechai wrote in Shushan and we only have 1 version.

To summarize, according to the Brisker Rav Megillas Esther was written twice. Firt it was written right after the events in Shushan by Moredechai. This sefer is what we are commanded to read on Purim. Years later, the אנשי כנסת הגדולה convened and rewrote the sefer ברוח הקדש and made it part of Tanach.

10 Kassams fired yesterday, we are back to where we were before Operation Cast lead

Six weeks ago, Olmert and Barak proudly proclaimed that Operation Cast lead was a great success, had exceeded all goals and restored Israel's deterrence.

At the time I (and many others) predicted that nothing changed and Hamas would go right back to what it was doing. I hate to say it but I told you so.

Here is what I wrote:

Here is what I think is going to happen. Hamas will cease fire long enough for Israel to withdraw from Gaza. As soon as Israel withdraws from Gaza and frees the reserves they will go right back to what they were doing before the war started. They will test Israel's resolve by firing 1 or 2 rockets. How will Israel respond? Many will say that we can't go to war because of 2 rockets. Hamas will fire just enough to keep the people down South edgy but not enough to justify another full scale attack. They will also start smuggling weapons again. There is absolutely no reason to think that Egypt will do any better at stopping the smuggling now.

Last but not least, they will continue holding Gilad Shalit and use him as a bargaining chip.

In short, it looks like we are back to where we were 6 months ago.

My prediction was dead on (it wasn't that difficult). This is exactly what happened.

Even the press has caught on. On the radio this morning, they played clips of OLmert, Barak and Livni at the end of Operation Cast Lead making their triumphant pronouncements. They then played the news bulletins from the past few days reporting Kassams in Ashkelon and in Shaar Hanegev, Sderot etc. They didn't have to say anything, the message was crystal clear.

Can someone explain to me again how Livni managed to get 28 seats 2 weeks ago in the elections?

How thick was the Aron?

The Gemara in Succah comments that the Aron was a טפח thick. The Torah states that the Aron was made of pure gold. However, the Ralbag on Parshas Teruma points out that this can't be. If you add up all the gold mentioned in פקודי it is not enough gold to make the Aron an טפח thick. The Ralbag therefore says that Chazal didn't mean literally a טפח but rather meant that it had some thickness.

Here is what the Ralbag says (my translation):

It is impossible that the thickness of the gold Aronos was a טפח, as Hazal said, because it would be impossible to complete even one of these Aronos with this thickness with all the gold mentioned in Pekudei that was used for the work, and this will be clear to anyone who has studied a little geometry. But, Hazal said this to teach that these Aronos had a perceptible thickness

Shaul Mofaz's legacy as transport minister

Disaster for the Israeli airlines. The EU is threatening to downgrade Israel and may ban Israeli airlines from landing or flying over Europe. If that happens, it is the end of El Al.

Meanwhile where is the Transport Minister? What is he doing to solve the problem? What has he done the past 3 years? Over the past 3 years I heard Mofaz interviewed many many times. Not once, was the focus of the conversation on the Transport Ministry, the conversation was always about Iran, Hamas, Hezbullah, politics, etc.

It is amazing how someone who was a complete and utter failure as Transport Minister (someone please come up with one positive thing that he did) can be considered one of the leaders of Israel and a serious candidate for Defense Minister and even Prime Minister.

Can Olmert continue as Prime Minister?

This is an interesting constitutional question. In Israel, the Prime Minister must be a sitting MK. As of today Olmert is no longer a sitting MK (as he did not run and the new Knesset was sworn in) and therefore should be disqualified to be Prime Minister. That would mean that Tzippi Livni would become acting Prime Minister until Netanyahu forms a government. I am surprised that no one has appealed to the Supreme Court yet.

Update

There seem to be contradictory sections in the Basic Law.
Section 5 (b) The Prime Minister shall be a member of the Knesset. A Minister need not be a member of the Knesset.

This would seem to disqualify Olmert. However, if we look at sections 21(a) and 30(c) we get a different picture.

21. (a) Should the Prime Minister cease to function as a member of the Knesset, he will be deemed to have resigned; the Government shall be deemed to have resigned the same day.

Section 30(c) A Prime Minister who has resigned shall continue to carry out his functions pending the constitution of the new Government. If the Prime Minister has died, or is permanently incapacitated, from carrying out his duties, or if his tenure was ended because of an offense, the Government shall designate another of the Ministers who is a member of the Knesset and of the Prime Minister's faction to be Interim Prime Minister pending the constitution of the new Government.

What this seems to say is that the Prime Minister can continue carrying out his functions until a new government is formed even if he is not an MK.

Give it up!!! What is this this obsession with Kadima and a unity government?

An open letter to Bibi Netanyahu:

According to you, Kadima's ideas failed over the past 3 years and have led to disaster (Hamastan, war in Lebanon, Gilad Shalit,etc.) If so why do you want them? Why do you want Tzippi Livni as Foreign Minister? As you said in the campaign 10 years and no accomplishments. Her biggest "accomplishement" UN resolution 1701 is a total failure. Her negotiations with the Palestinians have made concessions and gotten nothing. The Kadima government of the past 3 years has been an absolute disaster, who needs them? Why this obsession with a unity government?

What are you afraid of? As you said right after the elections the right wing bloc won. If so, the right wing bloc should rule. For once, let's see a real right wing government in Israel.

It's over - Lieberman recommends Netanyahu

Livni now has 2 choices, opposition or unity government. As I wrote on Tuesday, Kadima made a big mistake running after Lieberman as there was no way he was going to recommend Livni. Not only did they make fools of themselves by embracing Lieberman, he still endorsed Netanyahu.

I believe that Lieberman overplayed his hand and both Kadima and the Likud are very annoyed at him. In fact, my prediction is that Netanyahu will make a government with Kadima and Shas and leave Lieberman out. Shas is a better partner then Lieberman for many reasons:
1. They have fewer seats and will get fewer ministries (leaving more for the 2 big parties)
2. Shas is not going to demand any of the really important ministries (Finance, Foreign, or Defense)
3. Shas doesn't have any unreasonable demands
4. Shas is not perceived to be so right wing (e.g fascist) and therefore it will be easier for Kadima to sit with them.

Fantastic article by R' Horowitz: Charedi Classic

Charedi Classic

...
My yeshiva-educated generation, for all the right reasons, and with the best of intentions, introduced a ‘new and improved’ brand of chinuch – with longer hours and progressively elevated standards (read: pressure) in academics, dress codes, and social norms for our children, with increasingly more and more emphasis on gemarah b’iyun at the expense of other limudim, general studies, hobbies, and exercise.

It is humbling and difficult to come to terms with, let alone say this publicly, but I think that your generation had a far better recipe than ours, though both generations have their successes and failures. You prepared us for secular culture whereas we shelter our children from it. You played offense; we play defense. You celebrated the enrollment of each and every Jewish child to a Mesivta or Bais Yaakov; we send rejection letters. You raised children; we tried to raise gedolim.

Over the past few years, I’ve increasingly felt that the most effective way of reversing the exploding number of kids and adults abandoning Yiddishkeit is to revert to the old-fashioned “Charedi Classic” education my generation was fortunate to receive from yours; and pass on those core values to our children and grandchildren.

Hat tip Life In Israel

Livni made a big mistake embracing Lieberman

Kadima's announcement yesterday that they agreed with 90% of Yisrael Beitenu's platform was a big mistake.

On one hand, even after their agreement, there is very little chance that Lieberman will actually recommend Livni to the President to make the government. On the other hand, the Left (Labor and Meretz) are absolutely furious with Kadima and will definitely not recommend Kadima.

It looks like no one (other then Kadima) will recommend Livni to form the next government. Netanyahu on the hand will have (in addition to the Likud) Shas, UTJ, Bayhit Hayehudi, and the Ichud Haleumi, 50 seats. In that situation it is hard to see how Peres can not ask Netanyahu to form the next government.

Haredi drug smuggling exposed - Updated

חשד: רשת של חרדים עסקה בהברחת סמים

תחילת הפרשה לפני כמה ימים, כאשר שוטרי משטרת יפן עצרו בנמל התעופה בטוקיו שלושה חרדים, שניים תושבי בני ברק ואחד תושב שכונת מאה שערים בירושלים, כשבכליהם 90 אלף כדורי אקסטזי.
...
בשל חזותם כאנשי דת, סברו השלושה כי הם לא יעוררו חשד בקרב אנשי המשטרה ויצליחו להבריח את הכמות העצומה של הסמים - אלא שמידע מודיעיני שהגיע ליפנים סיכל את ההברחה.
...
רבים מחבריהם של החשודים, תלמידי ישיבות מירושלים, הגיעו לדיון כדי לחזק את חבריהם העצורים. במשטרה מעריכים כי מדובר ברשת פעילה, ובשעה זו נבדק אם הם היו מעורבים בהברחות נוספות של סמים ברחבי העולם.

I wonder how the Haredi press is going to report this? Are we going to now have appeals for "pidyon shvuyim" of these 3 from Japan?

Update

The story from Maariv is very misleading. The 3 arrested in Tokyo were arrested a year ago and are the 3 that we know about it and are in the middle of their trial.

What happened yesterday is that the police arrested 2 more people in Israel who they claim are the ringleaders.

Here is another news report:
חשד: רשת מבריחי אקסטזי חרדית

לאחר שבשנה שעברה נעצרו שלושה חרדים ביפן לאחר שנתפסו עליהם 90 אלף כדורי אקסטזי, אמש נעצרו שני בחורי ישיבה נוספים, הפעם בישראל. אחד העצורים חשוד בעמידה בראש רשת חרדית שאירגנה הברחת סמים במסווה של העברת העתיקות
...
אולם בית המשפט התמלא באברכים רבים שישבו על ספסלי העץ וקראו פרקי תהילים למען חבריהם שישבו, לראשונה, מאחורי זכוכית המעצר.

A year after 3haredim were arrested in Japan after they were caught with 90,000 Ecstasy pills, yesterday 2 more yeshiva students were arrested, this time in Israel. One of the suspects is accused of being the head of a Haredi network taht arranged drug smuggling under the guise of moving antiques.
...
The courtroom was full of Avreichim who sat on the wooden benches saying tehillim for their friends who for the first time were behind bars.

What is עין הרע?

I have been going over the 7th Perek of Bava Metzia and the topic of עין הרע comes up. I believe that this is a very misunderstood concept and would therefore like to share some of the more common interpretations.

1. The Maharal writes that it is a power given to people that with their eyes they can actually cause damage. The Chazon Ish also goes with this approach. He writes that is מסודות הבריאה that people can cause damage by looking at things. However, he makes a very important point. He says that עין הרע only affects someone who was supposed to be damaged. There already was a דין in שמים for them to be damaged, the only question is how. One of those ways is עין הרע. He does point out that עין הרע can put a person in danger and when a person is in danger sometimes his דין is reevaluated. This is why עין הרע is something that people try to stay away from even though it has no independent power to harm them. The Gemara in ב"מ פ"ד quotes R' Yochanan as saying that עין הרע does not affect the descendants of יוסף. According to the Chazon Ish and the Maharal it is some kind of real protection from the actual damage that the eyes do. The descendants of Yosef would seem to be based on lineage, they have special protection based on the Beracha given to Yosef.

2. R' Dessler explains that עין הרע works as follows. When a person (Reuven) flaunts what he has, he causes pain to others by making them feel that they lack something. This pain is what causes Reuven to be punished. He is punished for causing others to envy him and feel bad. He then explains why עין הרע does not affect the descendants of יוסף. Someone who lives only for others and always gives and never takes does not arouse envy and therefore is protected from עין הרע. This is what Yosef represents. The Gemara has a different derasha which learns it out from fish. Fish are hidden from the eye under water and don't compete with people on land. Therefore they don't cause envy. According to R' Dessler when the Gemara says that עין הרע doesn't affect the descendants of Yosef, it is not referring to his actual descendants but rather to those who follow his path.

Tosafos (ב"מ ק"ז) clearly argues on this as the Gemara states in the name of Rav that most people buried in the cemetery died because of עין הרע. Tosafos asks how could that be, what happened to the בני יוסף who are protected from עין הרע? It is clear from Tosafos's question that they are referring to the literal descendants of Yosef.

These are 2 very different views of עין הרע. The Chazon Ish and the Maharal take a supernatural view and attribute power to the eye to actually cause damage. Similaryly the protection is supernatural and is based solely on lineage. R' Dessler on the other hand takes a rational, ethical view nothing to do with the supernatural. עיו הרע is all about a person and his desires. The protection is based on a person's own actions, any person can be protected from עין הרע if they act like Yosef.

Only in Israel could Amir Peretz run again

MK Amir Peretz: I will run for Labor Party chairman

MK Amir Peretz announced Saturday he will be running for the position of Labor Party chairman in an interview on TV Channel Two.

In his first public response to the results of Israel's general elections earlier this week, Peretz stated Defense Minister Ehud Barak needs to resign from his position as Labor Chair, following the poor results the once leading left-wing party reached ? just 13 Knesset seats.

Amir Peretz was only an absolute disaster last time he was head of the Labor Party, why not bring him back?