Here

And then this Bear, Pooh Bear, Winnie-the-Pooh, F.O.P. (Friend of Piglet's), R.C. (Rabbit's Companion), P.D. (Pole Discoverer), E.C. and T.F. (Eeyore's Comforter and Tail-finder)--in fact, Pooh himself--said something so clever that Christopher Robin could only look at him with mouth open and eyes staring, wondering if this was really the Bear of Very Little Brain whom he had know and loved so long.

Sunday, July 22, 2007

yesterday

was my father's birthday. (happy birthday!) while looking for an appropriate e-card i discovered that, according to the greeting carders, yesterday was also monkey day.
What is monkey day? well, the official website explains it, as does wikipedia. there's even a petition to make it a national holiday.
But... according to the "offical" sources, monkey day is Dec 14! So, apparently, July 21, like so many other "holidays," is a creation of the greeting card industry...

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Thursday, July 19, 2007

assorted

1 - i noticed that i get my most focussed reading done on the train on my way to the library (where i promptly waste time on the interweb) and then (dissilusioned with myself) on the way home (where, i tell myself, i will work harder, except that i don't...) so, yesterday, i just didn't get off the train at my stop. i was wary of getting too far out for fear of getting stranded at new lots avenue or somesuch (and, given events of yesterday, it turns out my paranoia was for once perhaps useful). however, i rode most of manhattan and read two law review articles. not bad.
i also got to people watch.

1a - the reason i'm wasting time blogging about nothing right now, actually, instead of riding the train so i can get work done, is that I'm waiting for a UPS delivery. of course, the "infonotice" slip does give the would-be deliverer four possible three-ish hour windows to check off for "approximate time of next delivery." on this slip, helpfully, three of the four are circled...

2 - i'm growing avocados. I've tried this before, with little success. However, I'm still hopeful, especially since this time i have real toothpicks (in the past i';ve improvised with everything from twisty ties to paper clips) and a very sunny window sill.
the toothpicks are courtesy of the new West Side mikvah. as far as i'm concerned, actually, the availability of toothpicks may be the most significant difference between the new and old mikvaot. (the new one is very shiny and somehwat more professionally run as well, for better and for worse. it's been discussed elsewhere)
basically, the way they set it up at the new mikvah, they bundle a lot of the provisions. so, if you want q-tips. you have to open a package that contains not only q-tips but cotton balls and toothpicks as well. (similalry, but even sillier, if you want soap, you have to open your own personal bag that conatins not only soap, but a low quality manicure set, nail-polish removal wipes, travel size toothpaste, disposable slippers, and other things that, unlike soap, one might very well not want at all...) but what of the things you don't want? they tell you the whole bag is yours to keep. so, while i try to leave the tings i will never use anyway, i figured it wasn't terrible to take home the toothpicks for a worthy cause.

now aren't you glad to know all that...

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Thursday, July 05, 2007

in which miriam tries to be a "lawyer"

at some point i decided i would go through the madness they call "early interview week" and see what comes of it. apparently, i am supposed to have been thinking about it since then, which of course i haven't. however, by monday, i need a list of firms. my lack of investment in this process obviously doesn't bode well for my ability to impress people, but anyway...

Tuesday, July 03, 2007

How self-aware is the Gemara?

תלמוד בבלי מסכת סוכה דף יח עמוד א - דף יט עמוד א

אתמר,
סיכך על גבי אכסדרה שיש לה פצימין - כשרה.
שאין לה פצימין, אביי אמר: כשרה, ורבא אמר פסולה.
אביי אמר כשרה אמרינן: פי תקרה יורד וסותם.
רבא אמר פסולה: לא אמרינן פי תקרה יורד וסותם.
אמר ליה רבא לאביי: לדידך דאמרת פי תקרה יורד וסותם - אפילו הפחית דופן אמצעי! –
אמר ליה: מודינא לך בההיא, דהוה ליה כמבוי המפולש.
לימא אביי ורבא בפלוגתא דרב ושמואל קמיפלגי,
דאתמר: אכסדרה בבקעה,
רב אמר: מותר לטלטל בכולו, דאמרינן פי תקרה יורד וסותם.
ושמואל אמר: אין מטלטלין בה אלא בארבע אמות, דלא אמרינן פי תקרה יורד וסותם.
אליבא דשמואל - כולי עלמא לא פליגי.
כי פליגי אליבא דרב;
אביי כרב.
ורבא אמר לך: עד כאן לא אמר רב התם אלא דמחיצות לאכסדרה הוא דעבידי, אבל הכא דלאו להכי עבידי - לא.

I'd like to outline the structure of the Gemara so my point is clear. The content is actually not relevant to my point (or, perhaps, my point is actually not relevant to the specific content), for better of for worse:

The Gemara presents a mahloket between Abaye and Rave. The Gemara then proposes that perhaps this mahloket is "the same" as another mahloket between Rav and Shmuel. That is, Abaye/Rava disagree about the rule for one set of facts, and Rav/Shmuel disagree about the rule for another set of facts. The Gemara suggests that the reasoning for the different rules lines up - in this case, Rav with Abaye and Rava with Shmuel.
The Gemara then claims that the mahloket between Abaye and Rava is really within the ruling of Rav. ie, they disagree as to what Rav would say about their case/facts given what he said about the other case/facts. (Apparently they agree on what Shmuel would say to their case. Rashi says Abaye would still rule differently than Shmuel, though I'm not sure this is the only reading. In any case, what's relevant is that neither is in the position of having to make Shmuel's position mean something it doesn't seem to.)
The problem with saying that both Abaye and Rava are ruling within the opinion of Rav is that Rav's ruling actually seems to contradict the reasoning of Rav. The Gemara is aware of this, and comes up with a way for Rava to explain how Rav could rule one way in one case and apparently rule differently in a similar case - arguing that the cases are not actually similar enough to justify the same ruling. This part of the Gemara is in bold.

Now, why am I writing about this? One frustration I often have with Gemara is that the Gemara will put plausible and implausible arguments on equal footing. I generally, for the sake of my own sanity, assume that there is some degree of self-awareness on the part of the editors that the symmetry they impose is not always real. However, this is usually (though by no means always) just an assumption. The reason I brought this Gemara is that it is an example of a situation where the Gemara itself is aware that one position is more plausible than the other, hence nifty for me.
Recall, the Gemara sets up the position of Rav in one case, then asserts that Abaye and Rava disagree as to what Rav would say in a similar, but not identical, case. The similarities between the cases create the inference that Rav would side with Abaye, however, leaving Rava out in the cold (since the Gemara is not content just to say "Rava holds like Shmuel"). The solution is for Rava to come up with a distinction betweeen his case and Rav's original case which makes the rule from one inapplicable to the other. Said distinction is, in my opinion, not wholly implausible, but definitely not as intuitive as simply saying that Rav and Rava disagree. Structurally, however, the Gemara sets up two equal opinions as to Rav's position. That said, on closer inspection, what language does it use to do this? It says אביי כרב. ורבא אמר לך: עד כאן לא אמר רב התם אלא.
"Abaye is like Rav. (ie, Abaye follows from the simple logical understanding of Rav), and Rava would say to you: Rav would not extend his ruling from there this far..."
The statement "Abaye is like Rav" implicitly undermines the whole project of saying "both Abaye and Rava hold their opinions according to Rav."
The editor seems clearly to be picking sides. I thought it was neat.
Thoughts appreciated.

PS: I should note that the motive for making Rava consistent with Rav, as opposed to just saying Rava follows Shmuel, seems to be to harmonize what the actual halakhah is. That is, according to the principles of psak, the normative halakhah should follow both Rava and Rav, so there has to be some way the two are compatible... So, the less-plausible reading is halakhically necessary!

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