[net.religion.jewish] Not a Proof

samet@sfmag.UUCP (A.I.Samet) (07/10/85)

> a)  Torah law is based on "consent of the governed", said 
>     consent having been given at Mt. Sinai.
> b)  I submit that the real issue is not homosexuality or
>     Nazism, but rather how that "consent", understood by 
>     Orthodoxy as applying for all time, relates to those
>     Jews who do not choose to accept the Torah.  [Jay Hyman]

It seems to me that there is a big hole in  this  argument.   Why
should  any  single individual be obliged to accept the principle
of consent of the governed?  Even  if  you  say  that  the  Torah
mandates  it  (dina d'malchusa dina), he has not yet accepted the
Torah.  Suppose he wants to be different from  other  members  of
the  society  and  do  his  own  thing.  What's  to say that he's
"wrong"?

I realize that there are midrashim that say (on the surface) that
the  acceptance  of  our  forefathers  is  somehow binding on us.
However, these can be  interpreted homiletically.  I know  of  no
source   which  interpret  these  midrashim  halachically.  (Does
anyone?)

Another more serious problem with this approach is that it  seems
to  imply that even if the Torah is G*d given, man is  still in a
position to decide whether or not to accept it.  Is there a basis
for such a position in our tradition?

				Yitzchok Samet

slerner@sesame.UUCP (Simcha-Yitzchak Lerner) (07/24/85)

> > a)  Torah law is based on "consent of the governed", said 
> >     consent having been given at Mt. Sinai.
> 
> 
> I realize that there are midrashim that say (on the surface) that
> the  acceptance  of  our  forefathers  is  somehow binding on us.
> However, these can be  interpreted homiletically.  I know  of  no
> source   which  interpret  these  midrashim  halachically.  (Does
> anyone?)
> 
> 				Yitzchok Samet


For whatever it is worth, in chasidus we learn that ALL jewish souls
of all times were at Sinai and ALL accepted to Torah.  Therefore, every
jew has already accepted to Torah.


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----------------------------------------------------------------

Simcha-Yitzchak Lerner

              {genrad|ihnp4|ima}!wjh12!talcott!sesame!slerner
                      {cbosgd|harvard}!talcott!sesame!slerner
                                slerner%sesame@harvard.ARPA 

am@vilya.UUCP (MALEK) (08/07/85)

> > > a)  Torah law is based on "consent of the governed", said 
> > >     consent having been given at Mt. Sinai.
> > 
> > I realize that there are midrashim that say (on the surface) that
> > the  acceptance  of  our  forefathers  is  somehow binding on us.
> > However, these can be  interpreted homiletically.  I know  of  no
> > source   which  interpret  these  midrashim  halachically.  (Does
> > anyone?)  				Yitzchok Samet
> 
> For whatever it is worth, in chasidus we learn that ALL jewish souls
> of all times were at Sinai and ALL accepted to Torah.  Therefore, every
> jew has already accepted to Torah.	Simcha-Yitzchak Lerner

This is not based on chassidus, but on a pasuk in Devarim, Parshat Nitzavim:
	Ki et asher yeshno fo imanu omed hayom lifnai adonai elohainu v'et 
   asher ainenu po imanu hayom. (sixth pasuk in Nitzavim).
   (free translation: whoever is here is standing with us today as we sign 
   this treaty with Hashem and whoever is not here is also with us today)

	The involuntary acceptence of the Torah by the Jews bothered the
sages throughout the ages; therefore the midrashim about a second
acceptence in the time of Mordechai and Esther and many covenants in the
time of Joshua, Nehemiah, etc. This is also part of the reason for the
great significance of the public acceptence of the "yoke of mitzvot" at 
the age of 13(12).
>>> Does anyone have a proper answer to Samet's question?
				Avi Malek
-- 
Avi Malek @ATT Bell Labs Parsippany, NJ