Monday, January 14, 2013
Here is a piece of interesting Talmudic Law - in the section of damages; all likewise situations do apply.
Bob says: "Jimbo - you, my good friend, are silly."
Jimbo says: "Why thank you Bob, was that indeed an ad hominem attack by any chance?" [sarcastically]
Bob says: " Why yes it is Jimbo!"
Jimbo represents fact "x" which may or may not be silly. We will call this "Shema" = "Perhaps" [with a lingering doubt, as it is not certain]
Bob's attack by his own definition is silly. This is a fact by his own admission. We shall call this "Bari" - to be certain - without doubt.
Jimbo may or may not be silly = A ; Bob is silly = B; B does not make A=B. To say that it does, well, is silly and an ad hominem attack by definition.
The Talmud and Shulchan Aruch relate the law rendered as such:
In a case of Bari [certain] as the damaged and Shema [perhaps] as the damager, we look to the Shulchan Aruch [for those that follow Jewish Law] in Choshen Mishpat 400-1:
"An ox that was chasing after another ox and damaged him; The damaged says - hey! your ox damaged mine. The "damager" says, "not so, it was the rock that damaged him, not me!" This is a classic case of bari - certainty against shema uncertainty; the law is that the damaged must bring proof of the damage to collect restitution from the damager.
But if the damaged says to the damager, "you knew!" [and in our case with Bob and Jimbo, that damage was admitted and even intentional!] then the damager must take an oath that he didnt know. This case is speaking of a known damager, much like Bob and Jimbo.
With this law, Jimbo may have had a reason to be pursued by Bob, but by Bob's own admission of A not equalling B, Jimbo is not found guilty, and Bob did in fact do damage to Jimbo. Bob is sure in this matter, and Jimbo says to Bob "you deserved to get hurt!" But if Jimbo says to Bob, no Bob, you knew you were hurting me with the fallacious claim in a logical error, Bob must then make an oath that he didn't know. If Bob refuses the oath, he loses his claim, and must suffer the consequences of harming another Jew. The only other alternative is to make a false oath, and suffer the wrath of heaven.
If anyone is interested in more Talmudic Posts, please either comment or let me know in email.
" Tanna D' Bei Eliyahu: all who teach Laws every day are assured that he is a ben olam habah, as it says, 'ways are eternal for him.' Don't read ways, but rather laws."
..."Talmidei Chachamim increase Peace..."
Jews must get along and love each other, for this is the repair of the Temple - such that leads to the Third temple. Woe to the Erev Rav who cause anguish amongst Jews, to which the Gra said, "'tis better that they not be created" - to which the Gra calls the Erev Rav branch "Amalekites" as per the Zohar.
May we be zoche going into Purim to destroy Amalek, with the strength of Torah, for he who masters the Oral Torah, is called a Man of War, and we are promised that Hashem will fight our wars, as we cling to His Torah of truth.
From now on, every two weeks it is Yom Tov until Summer Time, with the holidays coupled with Rosh Chodesh.
Good Moed - May we see big things for the rest of our Holiday season.