Volume 19 Number 46
                       Produced: Tue May  9  7:42:30 1995


Subjects Discussed In This Issue: 

Israel Independence Day
         [Gilad J. Gevaryahu]
Rav Leff's Views on Saying Hallel on Yom Ha'ats'ma'ut
         [Lawrence Feldman]
Sefira and Chol Hamoed
         [David Katz]
Selling Chametz in Efrat
         [M Horowitz]
Yom Ha'Atzmauth..
         [Zvi Weiss]
Yom Haatzmaut - v19#39 (David Leibtag, Lon Eisenberg)
         [Yehudah Edelstein]
Yom Haazmaut
         [Mordechai Zvi Juni]


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From: <Gevaryahu@...> (Gilad J. Gevaryahu)
Date: Tue, 2 May 1995 17:35:13 -0400
Subject: Re: Israel Independence Day

Lon Eisenberg (MJ19#39) asks several important questions about Yom Ha'Atzmaut
which require articulation.

>1. If Hallel is said because of a miracle, what is the miracle of >signing a
piece of paper, i.e., why choose the 5th of Iyyar?  If that is >not the
justification for Hallel, what is?

The miracle is not the signing of a piece of paper.  It is what the paper
represents and not the paper itself. This is similar to every
important papers such as the US constitution, or the Magna Charta.

Rabbi Isaac Ha'Levi Herzog, Chief Rabbi of Israel wrote on the 23rd of Nisan
1956: 

"It is my opinion that in this miracle that happened to all the Jewish
people - including our brothers in the Diaspora - that the honor of
Israel was uplifted in the eyes of the nations, and which infused new
hope in the hearts of Israel in the Diaspora after the horrible
Holocaust, and which will strengthen the faith, and which prepared a
shelter to the nation until the coming of the Mashiach - in case that
there will be persecutions of the [Jewish] nation anywhere - verybody
will agree that it is proper to set a memorial day to strengthen our
faith, which is truly the beginning of the redemption....I hope that
these [Yom Ha'Atzmaut prayers] will penetrate the hearts of the Jewish
people , including those haredim who are stubbornly reluctant to admit
this great miracle that God performed to us..." (Tikkun Yom Ha'Atzmaut,
Jerusalem, 1962, p. 5). [my English translation]

An halachic discussion on this subject can be found in Sho"t Kol Mevaser,
siman 21. by Rabbi Meshulam Ratta. (Seder Tefilot Le'Yom Ha'Atzmaut, WZO,
Edited by Rabbi Neriya, 1978, P. 8)

>2. Where do we learn to add Yom Tov psalms [pesukei dezimrah] >for this
occasion? We don't do it on Hannukah or Purim?

Hannukah or Purim are celebrated differently. For these two, one
Biblical and one post Biblical we add, among other halachot, "Al
Ha'Nissim". There was a reluctance by the halachic authorities to touch
the Amidah, although there are places in the Amidah where one is allowed
to add personal prayers. Psalms were always used for prayers, and it is
less disruptive to the order of the service.

>3. If the 5th of Iyyar has significance, how do we celebrate this year
>(and last year) on a different day (Thursday is the 4th of Iyyar)?  (If
>we're worried about Shabbath desecration, then move the bar-b-q, >but not
the prayer-related aspects of the holiday.)

Hillul Shabbat (Shabbath desecration) is the main reason given to the
postponement of Yom Ha'Atzmaut from Fridays and Saturdays. Therefore,
Yom Ha'Atzmaut will always be on a Monday, Wednesday or Thursday. The
"bar-b-q" comments is inappropriate. If Yom Ha'Atzmaut will be set for
Shabbat, some non observant Jews will desecrate the Shabbat, and the
decision to move it to the preceding Thursday was wise decision.

>4. How can we suspend observance of the mourning of sefeirah for >this event
(especially if we don't even celebrate it on the correct >date)?

As was shown, in a beautiful and elaborate way by Akiva Miller
(MJ19#39), there are ample precedents to suspend the observance of the
mourning of the sefirah for such holidays as Yom Yerushalyim, Yom
Ha'Atzmaut, etc.

Gilad J. Gevaryahu

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From: <lol9515@...> (Lawrence Feldman)
Date: Mon,  8 May 95 21:47:35 PDT
Subject: Rav Leff's Views on Saying Hallel on Yom Ha'ats'ma'ut

While living on Moshav Matityahu, I once attended a shiur given by the
rav in which he discussed whether one should say Hallel on Yom
Ha'ats'ma'ut. He gave several reasons why one should not do so, and
indicated that he felt the issue was clear-cut:: when I asked what one
should do when attending a minyan whose minhag it is to say Hallel, he
replied, "You mean mistakenly says Hallel." The rav stated that while
one should not say the bracha, one should say the Hallel along with the
rest of the minyan, though considering himself merely to be reciting
various chapters of Tehilim - rather than demonstratively not saying
Hallel at all. This is consistent with the rav's general position that
whereas one should maintain his father's prayer customs as much as
possible, in the interests of "achdut," one should not flaunt his
differences with the rest of the minyan. And in the interests of
identifying with the Clal in a broader sense, the rav always led the
minyan at Matityahu in saying Tehilim after mincha on Yom Ha'zikaron, a
practice that to the best of my knowledge is atypical for the Haredi
world.

Lawrence Feldman
Ramat Modi'im
<lol9515@...>

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From: David Katz <dkatz@...>
Date: Sun, 7 May 1995 23:53:09 +0300 (IDT)
Subject: Sefira and Chol Hamoed

Regarding the issue of Sefira and Chol Hamoed - there are no restrictions 
of Sefira on Chol Hamoed - and as correctly pointed out - haircuts and 
weddings are prohibited on Chol Hamoed anyway.  

David Katz, Director - Nitzotz Student Volunteer Program  011-972-2-384206
                         NCSY Israel Summer Programs       P.O. Box 37015
email: <dkatz@...>   Home:011-972-2-991-3474        Jerusalem  ISRAEL

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From: M Horowitz <BR00318@...>
Date: Sun, 07 May 95 18:31:27 ECT
Subject: Selling Chametz in Efrat

 When I was in Hamivtar Rabbi Riskin noted that if you sold Whiskey in
Efrat it was highly unlikely you would be the proud owner of it after
Pesah.

Note the first year Rabbi Riskin had the Arab actually aquire some
Chameitz he was almost shot dead.  That is why Rabbi Riskin accompanies
him to homes now to make sure he is in one peace at the end of the day.
Originally in Efrat people would not give him the Chameitz because they
really never considered it sold.  Now they do.

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From: Zvi Weiss <weissz@...>
Date: Mon, 8 May 1995 14:42:47 -0400 (EDT)
Subject: Yom Ha'Atzmauth..

While I am certainly sympathetic to the fact that Hashem saw fit to give 
us the marvelous opportunity to have our own "operation" in Aretz rather 
than being under the heels of the British or (Chas V'Shalom) Yasser 
Arafat, I must question the logic that Lon raises in defending Yom 
Ha'Atzmaut practices.
1. Our basis for modifying the Tefillot on Hoshana Rabba appears to stem 
from the fact that it is a Yom Hadin of some sort (hence, we also say the 
"13 Middot" (I I recall correctly when taking the Torah out and also 
there is a special "Tikkun" for the night of Hoshana Rabba.  The main 
point is that just because of "Simcha", we do not add extra Piyuttim to 
the Morning Tefilla.  It is not at all clear to me why we should treat 
Yom Ha'Atzma'ut this way.
2. Rav Schechter once explained to me that the basis for celebrating the 
"declaration" as a celebration of Redemption (as opposed to the 
Non-Jewish World that celebrates "independence") is that the Gemara 
states "Milchama Atchalta D'Geula" -- that as the time of our ultimate 
redemption approaches, the outbreak of War (presumably against the 
Children of Israel who simply wish to settle in the Land of Israel) is 
*itself* an idicaiton of the beginning of the "redemption process".  I do 
NOT see the comparison with Purim where we celebrate the day AFTER the 
fighting and also the day AFTER Haman's decree was to go into effect.
3. I, too, must question the idea that the Rabbanut has the authority to 
enact this sort of "takkana".  I would like to know if anyone has seen 
the literature on the celebration of a "Geula" of any sort where the 
Tefillat Shacharit was modified in this manner.  We do have the history 
of communities permanently commemorating "miraculous" events that 
occurred to them (usually referred to as a "local Purim" for that 
community) but I do not recall that ANY of them celebrated in that fashion.
4. In general, it is possible to make a very cogent arguement that one 
can and should celebrate the events of Yom Ha'Atzmaut and yet not lift 
the strictures of Sefira.  For example, if one were in (Chas V'Shalom) 
mouring for a parent during the "year-period" and won $10,000,000 in the 
lottery, I have no doubt that such a person would truly be happy and, as 
a religious person, truly wish to express gratitude to Hashem yet I do 
not know that the rules of Aveilut would be suspended for that 
individual.  On Yom Ha'Atzmaut, we "won" a tremendous "prize" from 
Hashem.  We have been given a precious opportunity that previous 
generations could only dream about.  We have the chances that are almost 
incomprehensible to our ancestors.  BUT, does this event override the 
strictures of Sefira -- mourning for the loss of Talmidei Chachamim 
during the Crusades and later?  Does this event override the fact that we 
mourn the loss of an incredible amount of Torah that was lost in these 
persecutions (as well as the Torah that was lost when the Disciples of 
Rabbi Akiva died)?  I suspect that one does not "extinguish" the other.  
On the one hand, it is wrong to allow my mourning over Torah to blind me 
to Hashem's great gift to us and I need to joyfully acknowledge this 
gift.  At the same time, I cannot let the gift blind me to the loss that 
was suffered...  Thus, perhaps, there is EXCELLENT reason NOT to waive 
the stringencies of Sefira...

--Zvi.

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From: <yehudah@...> (Yehudah Edelstein)
Date: Wed, 3 May 1995 00:48:42 +0200
Subject: Yom Haatzmaut - v19#39 (David Leibtag, Lon Eisenberg)

I've collected here and there tidbits of things I've heard and read about
Yom Haatzamaut, which may shed some light on the matter.

The 5th of Iyar -
	The day the British left Israel and gave it (parts of it) over
to the Jews. The State of Israel was declared the moment it's
independence was received. A lot went on before that day and a lot
after, the War of Independence. A lot of miracles can be seen if it is
ackowledged. The Knesset in 1949 passed a law for celebrating the 5th of
Iyar. In 1950 the Knesset made an ammendment that if the 5th of Iyar
falls on Shabbat, it will be celebrated on the 6th. In 1951 the Knesset
made another amendment that if the 5th of Iyar falls on Friday, Thursday
will be celebrated. In 1954 when the 5th fell on Shabbat, an amendment
was made to celebrate everything on the 3rd of Iyar (thursday), due to
the cheif chaplan's request (Harav Goren z"l), not to desecrate the
Shabbat with all the preperations that would be done in the Army for the
military parade on Sunday.

If most of the people(in Israel) felt a need to say praise and thanks to
Hashem, they should say Hallel. 
Hallel by some are recited with or without the blessing. Some say it at night
and morning , while other's only in the morning.

More psalms added to the prayers is another form of praise to Hashem,
which some add the standard prayers.

Saying Shehechyanu is also appropriate for one who feels miracles have
been performed for him, as the formation of a Jewish State, victories on
the battle front etc.

Some add a Kiddush to be recited before the evening and morning meals,
as on other holidays.

There are a lot of variations how one alter's his Tefila for Yom
Haatzamaut.

How can we be flexible with altering the day for celebrating Yom
Haatzamaut? - Since the Knesset was the legal power decided which day to
celebrate, and on the out set, in the first few years the law was
amended to avoid desecrating the Shabbat, the actual day to celebrate is
flexible. The miracles and the formation of a state was throughout a
long period, not just one moment. If the Knesset chose to alter the days
slightly, it doesn't matter, unlike on Yom Yerushalaim, where the
clebrations are held not on Shabbat and the prayers are recited always
on the actual day, 28th of Iyar.

In 1969 I heard Rabbi Riskin speak in New York, where he said the
original days of the Omer, were joyous days and festive days as HolMoed
(intermediate days).  Only afterwards did 33 (34) days of the Omer
become days of mourning the death of 24000 students of Rabbi Akiva. In
our generation we are witnessing the return of days of the Omer to it's
original capacity, as with Yom Haatzmaut and later Yom Yerushalaim.

Some sources to look at, for customs of prayers: Rinat Yisrael (sidur) -
Moreshet, Seder Tfilot Lyom Haatzmaut - Hkibutz Hadati.
More sources: Torat Hashabbat Vhamoed by Rabbi Shlomo Goren. pp 432-446.
              Hilchot Yom Haatzmaut edited by Nachum Rakover. pp 219-224 
		by Rabbi Shlomo Goren. 

Moadim Lsimcha, Leguala Shlema
Yehudah Edelstein "<yehudah@...>" Raanana, Israel

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From: <bi029@...> (Mordechai Zvi Juni)
Date: Tue, 9 May 1995 00:48:26 -0400
Subject: Yom Haazmaut

in Mail Jewish v19n42 Mickey adler wrote:
> (By the way the guemoro says that hallel should be said on purim only that
> Kriyat Hameguila is instead)
Could you please tell me where you saw this or heard this (which
Guemoro and wich daf please)
Thank You

Mordechai Z. Juni        
<bi029@...>       

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End of Volume 19 Issue 46