tag:blogger.com,1999:blog-20173285.post8131209552668694919..comments2024-03-28T21:21:02.777-04:00Comments on Divrei Chaim: when an eid echad can cause a chiyuv misaChaim B.http://www.blogger.com/profile/02231811394447584320noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-20173285.post-25267699074791480952009-12-30T08:59:44.454-05:002009-12-30T08:59:44.454-05:00There is no kabalas eidus in beis din by eid echad...There is no kabalas eidus in beis din by eid echad. For example, you believe your butcher that the meat you eat is kosher based on eid echad -- B"D is not involved.<br /><br />But you are headed in the right direction to resolve this.Chaim B.https://www.blogger.com/profile/02231811394447584320noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-42866811868665135322009-12-29T19:23:32.466-05:002009-12-29T19:23:32.466-05:00maybe ed echad is better than simanim becuase beis...maybe ed echad is better than simanim becuase beis din are mekabel ed echad and then pasken accordind to what they have accepted the facts are.<br /><br />In the case of simanim however there is no kabbalas edus so the death of the first husband has never formally been accepted as a fact in beis din, just that we are saying well you see the husband is dead so you can remarry.<br /><br />In other words in the case of simanim beis din are saying to the wife you can rely on this to assume your husband is dead, not that we are matir you to remarry.<br /><br />pc :-)pchttps://www.blogger.com/profile/11244393584007636608noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-29704861395870067852009-12-28T19:35:41.533-05:002009-12-28T19:35:41.533-05:00a) Ruba v'chazakah ruba adif. Anyway, Tos. is...a) Ruba v'chazakah ruba adif. Anyway, Tos. is about simanin, not chazakah.<br /><br />b) Tosfos brings ra'ayos that there can be limited ne'emanus that works for some areas and not others. For example, she can remarry through an eid echad's testimony, but the eid echad doesn't hold any weight in terms of yerushah.<br /><br />c) My fault for not clarifying -- Tos. says even if you have 2 eidim that the first husband was dead at the time the woman was mezaneh, it still doesn't seal her fate because maybe the first husband was alive when husband #2 did his kiddushin. That would mean kiddushin of husband #2 was never chal, and husband #1 was dead at the time of znus (as the 2 eidim told us), so she gets off. <br />The only problem is that we have simanim that tell us husband #1 was dead when husband #2 did the kiddushin -- so is that enough to trigger misa?chaim b.noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-14329455146770031582009-12-28T19:01:32.780-05:002009-12-28T19:01:32.780-05:00a) The gemara in Chullin proves rov works from the...a) The gemara in Chullin proves rov works from the fact that you kill someone who is mekallel or mekah aviv veimo based on rov be'ilos holchos achar ha'baal. If tosafos argues on chazaka why would they agree to rov?<br /><br />The gemara (Bava Basra) has a question if ruba ve'chazaka ruba adif or chazaka adif.<br /><br />b) I don't understand tosafos, if you can be matir an issur eshes ish and let the woman remarry why can't you kill her on the same basis. What is the difference between her remarrying and being chayav misah?<br /><br />c) What is the question why the woman is chayav misah? Mima naphshach, if the simanim are not a proof, then she is marries to the first husband and she is chayav misoh. If the simanim are a proof then she is married to the second husband and she is still chayav misah. Even if the simanim are only me'orer a safek then she is still married to either the first or the second husband?<br /><br />pc :-)pchttps://www.blogger.com/profile/11244393584007636608noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-36822337284524985432009-12-28T15:58:33.553-05:002009-12-28T15:58:33.553-05:00Re: social criticism - That's why I am surpris...Re: social criticism - That's why I am surprised at all the votes for lomdus. Social commentary is easy -- everyone has an opinion, and people just throw boich sevaros around all day. It is harder (for me) to write lomdish posts, but I usually learn something in the process and I gain from the comments, esp. where people challenge my thinking or point out a sevara or mareh makom I hadn't seen.Chaim B.https://www.blogger.com/profile/02231811394447584320noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-48383833399542352642009-12-28T15:05:51.981-05:002009-12-28T15:05:51.981-05:00butthat doesn't mean people like those posts b...butthat doesn't mean people like those posts better. It just means they have more to comment on. When it comes to lomdishe topics, once the ba'al hablog has spoken there is no room to argue :-)Chaim Markowitzhttps://www.blogger.com/profile/08927146649559508598noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-2916309786064094442009-12-28T14:48:57.332-05:002009-12-28T14:48:57.332-05:00RE Poll: Hey, you get more votes than I do! I did...RE Poll: Hey, you get more votes than I do! I didn't vote. I think you draw the most comments when you do social criticism, or when some of your commentators turn the topic in that direction.Ariella's bloghttps://www.blogger.com/profile/09409352047101582583noreply@blogger.com