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8.22.2006

ZIONISM / YISHUV EY-----shitas tosfos

Rav Teichtel's treatment of the Megilas Esther is terribly incorrect and misleading.

He writes (p. 149, 150) that the Megilas Esther bases his opinion on Tosfos in Kesuvos 110b in the name of Rabeinun Chaim that nowadays there is no Mitzvah to live in Eretz Yisroel. Then he says:

"However, ALL THOSE WHO FOLLOWED TOSFOS REJECTED THE WORDS OF RABBEINU CHAIM FROM HALACHAH, see Shelah...."

Now he is correct that the Shelah disagrees with Tosfos, which makes it a Machlokes, which we all knew before. There are those who reject the Tosfos, for sure. But his statement that all subsequent authorites rejected Tosfos from Halachah is simply a joke. The following is a partial list of places where you see he just isn’t telling the truth:


(1) The Taz (EH 75) brings the Tosfos without mentioning any opposing positions, indicating that he rules like Tosfos l'halachah

(2) Kneses Hagedolah (EH 7 Hag' BY 20) brings many poskim that rule l'halachah like Tosfos

(3) Noda Beyehuda (206) writes that the reason the Baalei Tosfos lived in Chutz La'Aretz and not Eretz Yisroel was b/c they held l'halachah like Rabbeinu Chaim.

(4) Tumas Yeshorim 66 quoted in B'er Haitev EH 75 defends Tosfos' position l'halachah and says since it is a legitimate Machlokes, nobody can demand that someone go to Eretz Yisroel if he doesnt want to.

(5) Korban Nisanel (Kesuvos 110b) brings the Machlokes Tosfos and Rambam both as legitimate opinions

(6) Bais Shmuel (Even Haezer 75:20) brings both Tosfos and his opponents l'halachah.

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