Audio Roundup 2019:23

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by Joel Rich

Take a look at S”A O”C 441 (1 & 2) where there’s a loan/surety situation over Pesach between a ben brit and non ben brit where the whole space/time continuum thing is in play (the agreement is the surety belongs to the lender as of the date of the loan [prior to Pesach] if, and only if, the repayment is not made on the due date [during or after Pesach]). While the S”A seems straightforward (me – compare to the quantum physics/double slit once there is an observer) the M”B quotes a number of commentaries who seem unsure. Perhaps Chametz/Pesach is different but it seems an undetermined state is a challenge halachically (me – are bein hashmasot and koy chiddushim or paradigms?)

Questions: Kiddushin 73b states we believe the midwife to tell us which twin came out first. The Ran on the Rif on Kiddushin 31a states a midwife’s credibility is not “mdin” (from the law) but the Rabbis believed her because in the majority of cases, there’s no other way. 1.) How did HKB”H expect this to work prior to the Rabbinic injunction? (this applies to other examples as well where the halachic gold standard of two witnesses is relaxed) 2.) Is it related to R’Moshe’s (self-knowledge) and “neemanut” (trust).[see Iggrot Moshe Y”D 1:54]

Please direct any informal comments to [email protected].

About Joel Rich

Joel Rich is a frequent local lecturer on various Torah topics in West Orange, NJ and supports his Torah listening habits by working as a consulting actuary.

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