Volume 14 Number 65 Produced: Wed Aug 3 1:19:44 1994 Subjects Discussed In This Issue: Baruch Hashem l'Olam [Art Werschulz] Cheating and Cable T.V. [David Charlap] Kosher microwave ovens? [Jonathan Katz] Lying, cheating, etc. [David Levy] p'sukim fragments [Danny Skaist] Rabonim in Poland [Percy Mett] Stealing Cable TV Services [Michael Broyde] Yeshiva Tuitions [Esther R Posen] Yeshivah tuition [Meyer Rafael] ---------------------------------------------------------------------- From: Art Werschulz <agw@...> Date: Tue, 2 Aug 1994 09:55:19 -0400 Subject: Baruch Hashem l'Olam Shalom. I seem to recall that these verses date from the days when the synagogues were outside the towns. These extra pesukim were inserted to give time for latecomers to catch up, so that everybody could go home together, which provided an extra measure of safety. This was considered unnecessary on Shabbat or Yom Tov. I don't know if this is because the lengthening of Maariv for Shabbat and Yom Tov (more singing) allowed stragglers to catch up, or whether because it was felt that the holiness of the day gave extra protection. Also the 18 "Hashem"s make up for the lack of a reader's repetition of the Amidah. This is analogous to the "magein avot" bracha recited after the Maariv amidah on Friday night, which paraphrases the seven brachot of the amidah, serving as something of a reader's repetition. I seem to recall that the source for this was the Hertz Siddur, but I may well be mistaken. Art Werschulz (8-{)} "You can't make an ondelette without breaking waves." InterNet: <agw@...> ATTnet: Columbia University (212) 939-7061 Fordham University (212) 636-6325 ---------------------------------------------------------------------- From: <david@...> (David Charlap) Date: Tue, 2 Aug 1994 12:42:12 -0400 Subject: Cheating and Cable T.V. Jeff Korbman <KORBMANJ@...> > >The discussions regarding the boundaries of cheating/G'navos Daas / and >stealing, remind me of a question that someone once asked that I wasn't >sure how to answer: Is "stealing" cable t.v. considered "stealing" from >a halachic viewpoint? I can think of a few things: 1) Chillul Hashem isn't an issue. This is something you're doing in the privacy of your own home. Outsiders won't even know unless you tell them. Now, if you go around telling people, then that's a Chillul hashem. 2) You're not physicially stealing anything. The signal is being broadcast whether or not you hook the TV up to the jack. Any expense being encountered by the cable company is being encountered even if you don't hook up a set to the jack. 3) #2 would not apply if the line was dead and you went to the box on the street and re-attached it. In this case, your action may end up costing the company real money (they might have to boost their signal, and it may cause problems with other lines that would have to be repaired.) 4) WRT adding additional extensions when you're only paying for one, I would think that this isn't allowed. Once you subscribe to service, you sign a contract that states what you may and may not attach to the line. This contract is binding via dina d'malchuta dina, (and if it's signed by kosher witnesses, it's even halachicly binding.) 5) WRT #4, many cable companies let you attach extra sets. They've decided that enforcing those contracts is nearly impossible. They usually just charge for the number of wires entering the house and the number of decoder boxes you have to rent, and for the labor of running wires through your walls. I don't know what the psak halacha would be here (can you use such cable without notifying the company?), but I would think that the issue would be similar to that of returning lost merchandise. if you move into a house, and the previous owners left stuff behind, can you keep it for yourself? Can you throw it out? Must you hold it in case the original owners return? For how long? Must you try to contact the original owners? etc. A case more similar to this one: You move into a house, and the previous owners left stuff behind that they were renting (maybe some furnature - it's clear that it was rented). The owners of the stuff (for whatever reason) never come to claim their merchandise. What is YOUR halachic obligation here? To contact the previous owners? To contact the owners of the stuff? Can you just do nothing and use the stuff until the owners come looking for it? Does it matter if the stuff was rented from Jews or non-Jews? What if you don't know? Etc. ---------------------------------------------------------------------- From: Jonathan Katz <frisch1@...> Date: Tue, 02 Aug 94 12:20:37 EDT Subject: Kosher microwave ovens? I was wondering if anyone has information regarding the (genrally accepted?) halacha that microwave ovens have to be kept kosher (similar to keeping range- top stoves and baking ovens kosher). Specifically, what are the reasons for this halahca? As far as stoves go, the halacha (to me) can be rationalized: we are worried that some non-kosher food is still on the stove, and we don't want this getting into our food. However for conventioanl ovens, and even more so for microwave ovens, I do not understand the halacha. Are we worried about non-kosher particles in the air?? (consider the way a microwave oven heats food- the oven never touches the food itself). If this is the case, then a whole host of other problems arise. Or, was the reason some sort of siyag so that we remember to be scrupulous with stoves? Jonathan Katz <frisch1@...> 410 Memorial Drive - Room 251B Cambridge, MA 02139 ---------------------------------------------------------------------- From: David Levy <dlevy@...> Date: Tue, 2 Aug 1994 22:24:44 -0400 Subject: Lying, cheating, etc. In the discussion concerning lying, cheating, etc. some doubts have been expressed concerning the extent of the prohibitions. For background to the extent to which dishonesty is condemned by the sources, I recommend an excellent little book: "The Dimension of Jewish Ethics", by Rabbi Dr J Newman, published in 1987 by the Council of Young Israel Rabbis. It is clear that it is forbidden to lie, cheat, deceive, defraud or to mislead. A person may not make a promise he does not intend to keep, or lead another to a misunderstanding. This extends very far indeed. Examples include do not sell an item with a hidden defect do not invite a person when you know they cannot accept do not say you are giving a good recommendation if you are not do not cause a person unnecessary trouble (reagrded as a form of stealing) The last of these impinges on the recent discussions relating to chumras (stringencies). Rav Yisrael Salant says "One is not allowed to cause extra trouble by taking a strict view. That too is regarded as stealing; stealing the strength of a person". That is to say, one can keep chumras if one wishes, but not if the effect is to cause trouble to another. There is a Gemora (sorry, I don't have the source to hand - can anyone give the correct citation?), which says "Let your Yes be righteous and your No be righteous.... the seal of Hashem is truth." The same gemora compares those who lie to the people of the generation of the flood, to be judged as harshly. Dave Levy ---------------------------------------------------------------------- From: DANNY%<ILNCRD@...> (Danny Skaist) Date: Tue, 2 Aug 1994 05:40:27 -0400 Subject: p'sukim fragments >Eli Turkel > Rav Soloveitchik said the entire verse since he felt that not >splitting verses was more important than a side reference to death. What do those who don't split verses say when they go hagba ? Chabad is the only ones, to my knowledge that says a different "v'zot hatora..". danny ---------------------------------------------------------------------- From: <P.Mett@...> (Percy Mett) Date: Tue, 2 Aug 1994 09:24:02 -0400 Subject: Rabonim in Poland MP> Regarding yeshivos which appear to cater only to producing the Kli MP> Kodesh, the Rav, the Rosh Hayeshiva etc. I thought it would be of MP> interest this story I heard. MP> MP> A Baal Habos came to visit the yeshiva of Rav Meir Shapiro, MP> Yeshivas Chachmei Lublin and saw 500 talmidim there learning. he MP> asked the Rosh Hayeshiva, "Where are you going to find positions MP> for all of these? There aren't that many positions for a Rav etc. MP> in all of Poland? Rav Shapiro answered," Only one will become a MP> Rav, the other 499 will learn how to appreciate a Rav." MP> MP> Mordechai Perlman <abeperl@...> Even if the gist of this story is true (and it does have the ring of truth about it) the details are not. There were more than 900 kehillos in pre war Poland, including many large kehillos with many appointments for Rabonim. Perets Mett ---------------------------------------------------------------------- From: Michael Broyde <RELMB@...> Date: Tue, 2 Aug 1994 10:31:56 -0400 Subject: Stealing Cable TV Services The question about stealing cable telivision services is a very interesting one. The problem is that one is not stealing a product, but rather a service, and providing the additional service costs the providor nothing. At a certain level, the damage done when one legally "steals" cable tv is zero. This problem is explicted addresses with in Choshen Mishpat 363:6-11. It is fairly clear from those rules that even if the damage to the seller is actually zero, if he is selling the product, then one must pay as damages the fair market value of the product. There were a number of takanot on this issue after chatimat hatalmud, so one has to be careful here about checking closely what the din is. The case changes in result according to many authorities if the service provider is not a doing this for the sake of business, but for some other reason, unrelated to finance. ---------------------------------------------------------------------- From: <eposen@...> (Esther R Posen) Date: Tue 02 Aug 1994 10:11:12 -0400 Subject: Re: Yeshiva Tuitions Just a couple of additional thoughts on yeshiva tuition Using a local municipality's cost per pupil may be misleading since I believe it includes costs not usually included in a yeshiva budget i.e - costs for pension, medical insurance etc. not usually included in yeshiva salaries - the figure represents an average and icludes special services for learning and emotionally disabled children - costs for special facilities like sports, labs, and libraries that far surpass the facilities I've seen in most yeshiva day schools Also, bake sales are not going to do much to reduce the tuition in most schools. Good fundraising in most yeshivot is accomplished by full time paid "professional" fundraisers who are either on percentage or take a salary. I do not think that yeshivas are pocketing the money they take from parents. I do think they have decided to "cover the budget" with tuition which takes alot less effort and is less "embarassing" than fundraising. Just get people to pay for the services they use. I believe the "old" Torah Umesorah model was for tuition to cover 1/3 of the budget. (Sorry but I don't recall where the other 2/3rds was coming from - perhaps some combination of fund raising, government aide etc.) Esther ---------------------------------------------------------------------- From: Meyer Rafael <mrafael@...> Date: Tue, 2 Aug 1994 09:48:18 -0400 Subject: Re: Yeshivah tuition > From: <HEM@...> (Hillel Eli Markowitz) > In addition, many parents > (especially those with more than one child) get tuition reductions. On the topic of yeshiva tuition, I noted with interest that one informed observer stated that my proposal for a scholarship fund was 'illegal'. I can't comment on the legality of my proposal under American taxation law. However, I would like to point out that jurisdiction of American taxation law is *not* international and the comments about legality only pertain to a single jurisdiction. More importantly, Yeshivas do routinely give discounts to parents. There is no impropriety in these discounts to tuition fees. They are often, perhaps usually, granted according to the ability of the parents to pay the tuition. If that ability to pay *non* tax deductable tuition is reduced by the tax deductable donations of the parents, then the Yeshiva is certainly entitled to grant the discount. That the donations of the parents would have been, in my proposal, to a fund that provides tuition support to *any* needy student is a benefit to the Yeshiva and its parent body. As an aside, I would like to suggest that Yeshivas should evaluate the ability to pay notion carefully. If two sets of parents with equal income and equal family size apply for 'fee relief' and but one has a smaller disposable income because (for example) he is contributing more generously to his own retirement fund, should he receive a larger discount than his fellow parent? Finally I think that the proposal that the community should pay for education has much merit at the theoretical level. I suspect it would be difficult to pursuade a general Orthodox community that this is now mandatory. In other words, it would be a workable notion with a long established community but would be difficult to establish in Orthodox communities outside of Israel. Meyer Rafael Melbourne, Australia VOICE +613-525-9204 <mrafael@...> FAX +613-525-9109 ----------------------------------------------------------------------
End of Volume 14 Issue 65