Volume 18 Number 32 Produced: Tue Feb 7 0:01:17 1995 Subjects Discussed In This Issue: Chumrot [Josh Backon] Drashot before Musaf [Aryeh Frimer] First Aliya in Absence of a Kohen [Jerrold Landau] Hills and Sunset [Jeff Mandin] Humrot (stringencies) [Aryeh Frimer] Kadish before Mussaf and Meat before Fish [Jeremy Lebrett] Kedushas Shevi'is in Chul [David Goldhar] Lvov Incident [Jay Rovner] Mamzer [Mordechai Zvi Juni] Question on Peyut Language [Joe Wetstein] Seven Clean Days [Eliyahu Teitz] Shmitta Fruit - Again [ Dr. Jeremy Schiff] Shmitta Produce outside of Israel [Michael J Broyde] Titles in Signatures [Leah S. Gordon] ---------------------------------------------------------------------- From: <BACKON@...> (Josh Backon) Date: Mon, 6 Feb 95 8:18 +0200 Subject: Re: Chumrot Ben Yudkin asked about sources relating to the pros and cons of keeping Chumrot. Harav Moshe Weinberger wrote a very interesting article ("Keeping up with the Katz's: The Chumra syndrome - An Halachic inquiry") in JEWISH ACTION, 1988 (I believe it was the Rosh Hashana issue). Josh <backon@...> ---------------------------------------------------------------------- From: Aryeh Frimer <F66235@...> Date: Mon, 06 Feb 95 08:45 O Subject: Re: Drashot before Musaf The "Rabbi's Sermon" in most American Shul's is given after returning the Torah to the Ark, before the Kaddish of Musaf. The issue of Hefsek (interruption) pivots on the question of whether that kaddish is an introduction to Musaf or the conclusion of Keri'at ha-Torah. I'd like to note that Hineni, said on the Yamim Noraim, is also said there, as is "Geshem" and "Tal" in Erets Yisrael (where we don't say the piyut as part of Hazarat ha-Shats). Rav Hershel Shachter shlita in Nefesh ha-Rav has a discussion of the role of Kaddish as a closing prayer, introductory prayer and/or a separation between different parts of the tefillah. However, I never really understood what the problem is, even if the kaddish goes back to kria't ha-Torah. After all, the Drasha is in fact an extension of the public limud ha-Torah as is the meturgaman (the translator from Hebrew to Aramaic in the time of Chazal). So even if the kaddish goes back to the Torah reading, what's the problem? In addition we include many prayers and Supplications as part of the keriat ha-Torah (e.g., Misheberachs for the one getting an aliyah, his family, those that are ill, those who don't say lashon ha-ra, Chayalei tsahal, yekum purkan, tefillat hachodesh etc.etc.) Why should Hineni be any different? Where do we find that Kaddish must be said the second the Torah is returned? How then can we say uv-nuchoh Yomar? ---------------------------------------------------------------------- From: <LANDAU@...> (Jerrold Landau) Date: Mon, 6 Feb 95 11:28:18 EST Subject: First Aliya in Absence of a Kohen In many shuls, when a kohen is not present, a levi will be called up for the first aliya. In some shuls, there seems to be a minhag (custom) not to call up a levi in such a case, but rather to call up a yisrael instead for the first aliya. Does anyone know the source and reasoning behind this latter minhag? Jerrold Landau ---------------------------------------------------------------------- From: Jeff Mandin <jeff@...> Date: Mon, 6 Feb 95 14:38:37 -0500 Subject: Hills and Sunset Jonathan Jacobson writes: >I happened to be in Palm Springs, CA this past November. I called the >Lubavitch hot line to find out what time Shabbos started and ended and it >started at 3:55, at least 40 minutes before sunset. I was told by a friend >of mine this has to do with the fact that the sun sets over the mountains and >you can't see it once it reaches that point so that is when to base the time >of candle lighting. I think its based on the gemara in the second perek of Shabat where an Amora instructs his slave(approximately): "You who are not familiar["boki"] w/ the exact time, when the sun is in the treetops, light the lamp". A Rav here in Manhattan accordingly holds that melacha should be avoided at least 10 minutes before sunset (as at that time the sun is behind the foothills of New Jersey. ---------------------------------------------------------------------- From: Aryeh Frimer <F66235@...> Date: Mon, 06 Feb 95 10:41 O Subject: Re: Humrot (stringencies) A while back during the heated discussion on Humrot, I quoted a Maharsha (without reference) which states that if one is stringent when in doubt, he/she certainly get a share to the world to come. But if one seeks out sound grounds to be lenient and acts accordingly, he/she not only get a share to the world to come (for learning Torah) but also enjoy this world as well! The Maharsha is in the Hiddushei aggadot to Hulin 44b (in Vilna Shas edition of the Maharsha there is an error in the pagination and it says 44a) s.v. "Ha-Roeh tereifa". Being more machmir is not better. Study Torah so you can enjoy both this world and the next! Aryeh ---------------------------------------------------------------------- From: Jeremy Lebrett <JEREMY.LEBRETT@...> Date: Mon, 6 Feb 1995 10:47:05 +0000 Subject: Kadish before Mussaf and Meat before Fish 1) In our Shul, when the Rov speaks, he does so before Mussaf. Ashrei, on these occasions, is said after the Drasha (rather than immediately after Leining), followed by Kadish and Mussaf. 2) I once asked about eating fish after meat and was told that as long as one takes the same precautions as when eating meat after fish (eg. separate crockery, cutlery, having a drink/eating bread to ensure one's mouth is clear, etc.) it is perfectly OK. ---------------------------------------------------------------------- From: David Goldhar <dgoldhar@...> Date: Mon, 06 Feb 95 13:47:38 Subject: Kedushas Shevi'is in Chul On a visit to London after the last Shmittah (5747), I asked Dayan Lopian about the Israeli fruits on sale there. I was told that there was no problem EATING the fruit (though it had Kedushah), even if there was an ISSUR in exporting it from Israel. ---------------------------------------------------------------------- From: <JAROVNER@...> (Jay Rovner) Date: Mon, 06 Feb 1995 11:27:22 -0400 (EDT) Subject: Re: Lvov Incident i am requesting responses based upon halakhic considerations or information based upon knowledge of local or individual practices (minhag shel yahid) relevant to the following situation. in about 1836, a resident of Lvov, evidently a member of the Hassidic shul there, declared that, since he had been saved from some terrible troubles in a miraculous may, he was going to refrain from putting on phylacteries on the 3rd and 4th day of hol ha-moed sukkot, from that year on, to comemorate the miracle (le-zikaron ha-nes). this does not seem to be connected with the difference between ashkenazim and others regarding tefillin on hol ha-moed, since the individual specifies only two days, and leaves out passover altogether. since tefillin is a torah obligation, this seems to be a serious matter, which the initiater of this minhag yahid must have considered, although he does not provide any information. thank you for any leads, especially with regard to halachically ambiguous minhagim shel ha-yahid bi-verakhah, jay rovner ---------------------------------------------------------------------- From: <bi029@...> (Mordechai Zvi Juni) Date: Mon, 6 Feb 1995 22:45:37 -0500 Subject: Mamzer Sory i just wrote an article about mamzer and a guemarah in Kidushim, i by mistake said that it was daf "79" it should be "69" Sorry Mordechai Zvi Juni <bi029@...> ---------------------------------------------------------------------- From: <jpw@...> (Joe Wetstein) Date: Mon, 6 Feb 1995 11:02:57 -0500 (EST) Subject: Question on Peyut Language Why do the peyutim [additional passages] in the chazarras haShatz [repetition of the Amidah] of the regalim [Festive holidays; Pesach, etc.] (for those who say them) and yamim norayim [High Holy Days - Rosh HaShana, Yom Kippor] begin with "mesod chachamim u'nevonim" [lit. "By the tradition of our sages..."] but neither tal or geshem [the prayers for dew/rain that occur on Passover, Succos respectively] begin that way? Thanks, Yossi ---------------------------------------------------------------------- From: <EDTeitz@...> (Eliyahu Teitz) Date: Mon, 6 Feb 1995 23:03:09 -0500 Subject: Re: Seven Clean Days it was pointed out to me that i made a mistake in my posting about seven clean days. a woman who does not go to the mikva would be able to start counting clean days as soon as she stopped bleeding, and not have to wait the mandatory five day delay. i inadvertently wrote she could start on the seventh day, mixing up a case with which i was involved. sorry for the error, it is not a new chumra. eliyahu teitz ---------------------------------------------------------------------- From: <schiff@...> ( Dr. Jeremy Schiff) Date: Mon, 6 Feb 95 10:27:05 +0200 Subject: Shmitta Fruit - Again > From: Yechiel Wachtel <YWACHTEL@...> > >From: Michael J Broyde <relmb@...> > >labeled as "in dispute." What I labeled as in error was the assertion > >that exported fruit produced bekedushat sheveit was prohibited to be > >eaten. I stand by that statement and I am unaware of any authority who > >prohibits a Jew in America from eating fruit of Israel produced during > >the shemitta. of course, one has to treat it bekedushat sheviet, and be > >aware of zman biur issues, but that is a different matter. > > I hope I understand these quotes properly and am not reading > them out of context, if so my apologies. > Last year, at the beginning of shmeita there were several > classes given on the laws of shmeeta given by Rabbi Moshe Sternbuch, and > Rabbi Leff. We were taught that keushas shviies fruit were definitely > not allowed to be taken out of Israel. You can find this written too, Yechiel, indeed it is broadly accepted that it is forbidden to take kedushat sheviit fruit out of Israel. Michael's point is that _if it gets there_, it is not forbidden to eat it, and on the contrary it still has its kedusha, and thereof there are positive aspects to eating it. This is an important halacha today, because many farmers in Israel hold by the heter mechirah, and thus allow their fruit to be exported - no one in chutz laaretz should have any grounds for not eating it. Now, someone might chose to cite the issue of not supporting those who commit averot as a reason not to buy this fruit (the gemara on this subject refers specifcally to not supporting those who violate the shmitta) - before anyone does this, the heter mechirah does have some very solid ground below it, so I think it hardly fair to criticize, let alone call an "avaryan" (sinner), anyone who holds by it. (This is coming, by the way, from someone who - at least for home consumption - buys otzar bait din/Arab/imported stuff). Jeremy ---------------------------------------------------------------------- From: Michael J Broyde <relmb@...> Date: Mon, 6 Feb 1995 09:28:40 -0500 (EST) Subject: Re: Shmitta Produce outside of Israel Yechiel Wachtel <YWACHTEL@...> is completely correct that there is a significant problem for a farmer to export produce of sheviat unless he is willing to rely on the heter mechira. I do not think I said anything to the contrary. Rather, what I stated was that this fruit, once exported, may be eaten even by one who does not rely on the heter mechira, and rules it prohibited to export. Indeed, this is a very common situation when one who does not rely on the heter mechira sees produce of Israel in America and yet does not personally rely on the heter mechira. Indeed, in such a case I think it is a mitzvah to eat that fruit, as otherwise it will rot, or be eaten by a Gentile, neither of which is the proper way to treat produce of shemittah. In short, whether one way eat the fruit after it is exported is not related to whether it may be exported. ---------------------------------------------------------------------- From: Leah S. Gordon <lsgordon@...> Date: Mon, 06 Feb 1995 01:13:48 -0800 Subject: Titles in Signatures In response to the poster who objected to the use of "Rabbi" as a title, and to the moderator who defended the practice, I have an additional comment: It seems misleading to have a system whereby men only have the opportunity to be given "more credence" based on their title, as currently, the Orthodox movement is ordaining only men as rabbis. I feel that it is imperative to develop a parallel title that educated women can use to indicate as much academic halakhic expertise as has someone who signs his name "rabbi." I know several women who have completed years of advanced halakhic study; how are they to demonstrate that in a signature? Obviously, not everyone who spends a few years studying random Judaism should be allowed to use such a title, but there are definitely women who have as much knowledge as rabbis. This is not so much a "women's issue" as it is a request for a more complete titling system on the Mail.Jewish list, if some titles are thought to carry more halakhic weight than others. After all, I would guess that few of the rabbis who post are acting as "LOR"'s for the readership. Hence the purpose of their title is to show their educational credentials, and a parallel structure for women is needed. Leah S. Gordon ----------------------------------------------------------------------
End of Volume 18 Issue 32