Tuesday, May 05, 2020

Notes from the Underground - b'chukoseihem lo teileichu

1) Ran (A"Z daf 11) writes that there is no violation of bchukoseihem lo teileichu so long as an action can be justified as serving some purpose or function, even if gentiles behave in a similar way.  Maharik similarly paskens, and is quoted l'halacha by the Rama, that, for example, a doctor may wear a uniform, even though it is worn by gentiles, because it serves a function to identify his role and is not being done to imitate non-Jews.

Tos does not seem to agree with the Ran's interpretation of that gemara.  The GR"A in Y.D. therefore (along with bringing proofs against the Ran) rejects the psak of the Rama and Maharik.   

There is a custom to decorate the shul with flowers and shrubbery for Shavuos.  Some say that the fragrant flowers commemorate the sweet fragrances that Hashem released into the air as each dibra of the aseres ha'dibros was given; others say that that it commemorates the green fruit trees Hashem caused to bloom on Har Sinai.  GR"A famously rejects this whole practice; he held that it mimicked the practice of the gentiles, who put out trees on their holiday.

This GR"A is l'shitaso.  According to Ran/Maharik/Rama, since the greenery serves a function for us -- to commemorate Har Sinai and mattan Torah -- even if the gentiles have a similar practice, it is permitted.  According to GR"A, functional need/use is not a justification to imitate chukoseihem, and so he rejects the minhag.

2) In case you did not see it, worth taking note of R' Gershon Edelstein's insightful explanation as to why the chareidi (lav davka -- he means religious) community was affected more severely by the virus: the chiloni community is a tinok she'nishbah and therefore cannot be held accountable for their aveiros; we, on the other hand, should and do know better. 

3) Bad news for lockdowns -- apparently things are not quite working out as promised, as you can see from the quote below (taken from here).  The solution Cuomo and others, including our own community leaders, advocate is simply more of the same -- it has to work sooner or later, right??? 
Dr. Scott Gottlieb, former head of the Food and Drug Administration and a lead booster of social distancing, admitted Sunday that the draconian measures aren’t working as the experts promised.
“The concerning thing here is that we’re looking at the prospect that this may be a persistent spread,” Gottlieb said on CBS News’ “Face the Nation,” further noting 20,000 to 30,000 new reported cases per day despite intense lockdown orders in most states.

2 comments:

  1. -- "1) ...it serves a function...and is not being done to imitate non-Jews" vs. "...functional need/use is not a justification to imitate"

    18:3 says 'lo ta'asu' [2x] you shall >not< do/use AND 'lo teileichu' you shall >not< imitate [the vilna goon watches the back of the Vilna Gaon!];

    can this be cast in sabbatical terms? even though the "uniform" is not intended to imitate [imitation is not the purpose of the 'melacha' of wearing it], still the resulting duplication is definite [psik reisha]?


    -- "3) ...our own community leaders"

    so long as a normative family when seated at home is locked down by a mezuzah, shall they travel freely as far as the friendly river Pras (Devarim 11:24*)? is the only valid lockdown that of the rain** [imposed for our following foreign ways]?


    *...11:21 + 3

    **atzar es-ha'shamayim, 11:17

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  2. Re Gra greenery on Shavuos, I was shocked when I saw greenery in Yerushalayim at a Yeshiva that did many things al pi shitas Hagra. They answered that the Gra only forbade trees, not cut branches.

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