On Tue, 4 Jun 2013 16:39:56 +0000 (UTC), Shelly
<
shel...@thevillages.net> said:
>On 04/06/2013 12:04, Yisroel Markov wrote:
>> On Mon, 3 Jun 2013 01:32:22 +0000 (UTC), Shelly
>> <
shel...@thevillages.net> said:
>>
>>> On 02/06/2013 18:51, Giorgies E Kepipesiom wrote:
>>>> On Jun 2, 5:45 pm, Shelly <
sheldo...@thevillages.net> wrote:
>>>>
>>>> You don't want to keep Shabbos. Okay, I understand that. And you don't
>>>> want to admit to yourself that you are not keeping Shabbos. I
>>>> understand that too. So you pretend that you are a member of some
>>>> other sect, with a new definition of Shabbos, and then you feel good
>>>> pretending that you are keeping Shabbos. But that's not good enough
>>>> for you. So you have to take a dump on other people's Shabos. Does it
>>>> make you feel better? Okay, I'm glad you feel better.
>>>>
>>>> The melacha of borer, like every other aspect of halacha, has exacting
>>>> technical definitions. That your early teachers in the Jewish school
>>>> you say you attended during what you claim was your Orthodox youth,
>>>> were ignoramuses is pitiable. More's the pity that now, when you could
>>>> learn if you wanted to, you prefer to wallow in your ignorance. So be
>>>> it.
>>>>
>>>> I think I know what your problem is. You think Halacha has a spirit,
>>>> and is result oriented. The spirit is that fish and bones may not be
>>>> separated. But that makes life difficult. So the rabbis invented a
>>>> loophole: remove the fish from the bones, not the bones from the fish.
>>>> That's not how it works. But I am not going to explain to you what
>>>> every six year old child knows who has had a proper education.
>>>>
>>>> And your logic is also flawed. If you want dilute sulfuric acid, it
>>>> makes a big difference whether you produce it by pouring acid into a
>>>> beaker of water, or water into a beaker of acid.
>>>>
>>>> GEK
>>> If you can stop being a condescending (I won't say the word, but it is a
>>> four letter word that begins with a "t"), you will see that it is really
>>> a simple thing.
>>> A. You begin with fish and bones together.
>>> B, You end with bones and fish are separated into two parts.
>> No. You end with the fish consumed and the bones discarded. See the
>> difference?
>>
>> You end your review of the situation at an arbitrary point. Our
>> arbitrary point is different. This is much more about assumptions and
>> outlook than logic.
>>
>> [snip]
>No, there are two paths that diverge and then come together. They start
>together with a separation of the fish and the bones and they end when
>that is done. After the end, the fish is eaten, or the process at which
>they are joined again is a continuous one. I am discussing the
>difference between taking the bones from the fish or taking the fish
>from the bones. There is none
That's an assertion that hinges on a specific assumption, which we
don't share.
>and it results in two sets, one of which
>is either eaten later or eaten during the process.
BTW, in the halakhic framework the timing matters, too.
>I see no difference
>between the two. Look at my apple and apple core example.
Frankly, I didn't understand the apple core example, but whatever.
I'll try to explain "the forest" that we're dealing with here.
There are several ways to implement the directive "perform no melakha
on Shabbat." The choices will reflect one's personality, culture, etc.
The first choice to make is whether to adopt a principle-based or a
rules-based approach. As an aside, this can be observed in the world
at large: in general, European cultures prefer principle-based (PBA),
while the American culture prefers a rules-based approach (RBA). This
is reflected in such things as bills of rights (European "do not
violate people's freedom" vs. American "Congress shall make no law
regarding...") and my own area of expertise, accounting.
IMHO it's obvious that the PBA allows a lot more flexibility to
whoever the interpreting body is than RBA, but also more
arbitrariness. Both approaches have pros and cons, and for better or
for worse, Rabbinic Jews have chosen the latter, "American" way.
Once you adopt RBA, next comes the choice of paradigm for the specific
area. In Rabbinic Judaism the paradigm for Shabbat prohibitions is
"melakhot of the mishkan" ("labors of the portable sanctuary" in loose
translation. You have been told many times by many posters that
English has no precise equivalent for the term "melakha."). Those are
defined as 39 broad categories of processes. Since the Shabbat
prohibitions are presumably relevant for all Jews anywhere and anywhen
(a rebuttable presumption), the key aspect is the process, rather than
its object or result. Although those can be relevant depending on the
context (as we will soon see), they are never the primary
consideration.
With RBA, definitions matter a lot, since a great lot of
implementation work hinges on determining which real life phenomena
fit which legal definition. Here is how we arrive at the definition of
the melakha of borer ("selector"):
One of the tasks of the Mishkan was preparation of dyes used to color
the various cloths that were part of the structure. Preparation of
dyes involves several processes - gathering, grinding, boiling, etc. -
and one of them is borer, separating unwanted matter (short-termed
"refuse") from the collected herbs and from their grounds. The
definition of the melakha of borer is thus "the process of separating
what one wants from what one does not want." Note that there is no
reference to what one is separating, or what the result is.
At first blush, then, it would appear that one can't separate bones
from fish (or shells from nuts, or a book from others on a shelf, or
whatever) in any way. But few, if any, legal principles stand alone in
a system. Two other principles are relevant here: one, that in order
to be forbidden d'oraita (rabbinic strictures come later) the melakha
needs to be performed in a manner usual to that melakha; and two, that
the Tora doesn't wish to preclude Jews from living more or less
normally on Shabbat, which includes eating. The latter appears to be
in conflict with the definition of borer. Resolving conflicts of law
(which is, incidentally, the primary business of any court of appeal
except in strictly procedural cases) is always somewhat arbitrary, as
the judge(s) have to decide which one trumps. Sometimes, the conflict
is resolved in a compromise sort of way.
Now, observe how the Mishne Tora Hilhot Shabbat Ch. 8 codifies borer
(R' Eliyahu Touher's translation at
chabad.org):
---------------------------
Halacha 12
A person who separates food from unwanted matter and one who separates
one type of food from another food using a sifter or a strainer is
liable. If one separates using a tray or a pot with compartments, one
is not liable. It is permitted to separate food by hand to eat
immediately.
Halacha 13
A person who separates unwanted matter from food is liable, even if he
does so using only one hand. A person who separates turmos beans from
their shucks is liable, for the shucks sweeten them when they are
cooked together. Therefore, one is considered to be taking unwanted
matter from food and is held liable.
A person who separates food from unwanted matter by hand and sets it
aside [to serve] at a later time, even later on [the Sabbath] itself,
is considered to have separated for the purpose of storage and is held
liable.
If there were two types of food mixed together before a person, he may
separate one from the other and place it aside to eat immediately. If
he separated [one from the other] and set it aside [to serve] at a
later time, even later on [the Sabbath] itself, he is liable - for
example, one separated food in the morning to eat in the late
afternoon.
---------------------------
This illustrates what I've said above. The "don't separate"/"need to
eat normally" conflict is resolved by permitting separation of the
food from refuse ("eat normally"), but not the opposite (the way the
melakha was performed in the Mishkan). IMHO, an elegant and entirely
logical decision, given the assumptions and constraints.
Contrast this with the melakha of boneh ("builder"). This one is
defined as "the process of putting together a permanent structure that
will house something." Note that here there is a reference to the end
result, so that the scope of the process is limited ab initio. Thus,
there is no need to invoke the need to eat normally in order to permit
"building" a sandwich - it's simply out of scope of this prohibition.
But the focus is still on the process. (Note, however, that there are
also derivatives of melakhot to complicate the situation. In this
case, Ch. 10 Halakha 13 states: "...one who makes cheese performs a
derivative [of the forbidden labor] of building." Before you fly off
the handle, observe that nobody is calling cheesemaking "boneh" - it's
a derivative thereof. Borer also has derivatives, such as curdling
milk and filtering wine.)
Now, Shelly, I have a personal request. It took quite a bit of time
and effort to put this post together, and I would appreciate knowing
that the labor was not in vain. Please don't reject what I said out of
hand, but give it at least a fair hearing. And if afterwards you're
still unable to say: "I disagree with you, of course, but now I
understand how what you do makes sense and is logical given your
assumptions and priorities," then I would really like to understand
why not.