Volume 21 Number 73 Produced: Tue Oct 31 0:20:08 1995 Subjects Discussed In This Issue: Avelut [Gerald Sutofsky] Can a Child be a Shaliach [Jan David Meisler] Clarification on Shabbat hosting of students [Mark Steiner] Hachnasas Orchim [Carl Sherer] Hachnasat Orchim [Dave Curwin] Loshan Hara [Eli Turkel] Me'eiri and Legislation [Steven F. Friedell] RAMBAM / RAMBAN Dates [Al Silberman] Shavers [Zvi Weiss] Talmud research - help request [Alyssa Berger] ---------------------------------------------------------------------- From: <gerald.sutofsky@...> (Gerald Sutofsky) Date: Fri, 27 Oct 95 13:58:22 EST Subject: Avelut A short while ago I met a friend who just finished his year of Avelut. He told me that his mother told him before not to stop going to simachot and to continue life as normal. He said he spoke to his Rav who told him you must follow the wishes of your parent. My question is this is the first I've heard of this. If a parent tells a child to attend weddings and Bar mMitzavs after they are niftar are they obliged to follow their wishes. I am given to understand that Hilchos avelut for the most part is mainly minhag. Is this so? I'd appreciate any and all clarification. ---------------------------------------------------------------------- From: Jan David Meisler <jm8o+@andrew.cmu.edu> Date: Fri, 27 Oct 1995 13:58:25 -0400 (EDT) Subject: Can a Child be a Shaliach In the discussion about children selling arovos an opinion was brought up that a person should not buy arovos from a child since he can't really make the kinyan m'd'oraisa (transfer ownership from the torah). The person writing suggested that perhaps if the child was selling on behalf of an adult it might be ok since the child was only accepting money and the purchaser actually performed the kinyan. My question does not go on this particular issue. Well, not the first question. Can a child act as a shaliach (messenger) for someone else? He is not a ben da'as (could someone come up with a good translation for this?). If he can't be the shaliach, then we might have a problem with the arovos. Although the owner wants to sell the arovos, and the purchaser wants to buy, and the purchaser makes a kinyan on the arovos, who has the purchaser paid his money to? He has paid to the child, not the original owner. Either we could say the child is a shaliach for the original owner, but that puts us in a problem since he can't be a shaliach. Or, we could say the child will just transfer the money to the original owner, but I don't see how that could work either. Yochanan ---------------------------------------------------------------------- From: Mark Steiner <MARKSA@...> Date: Thu, 19 Oct 95 9:05 +0200 Subject: Clarification on Shabbat hosting of students I would like to make clear that my criticism of institutions for refusing to supply Shabbat and Yom Tov meals for their students, forcing the students to seek accomodations at the homes of Jerusalem families, does not extend to institutions catering to Jews who have had little or no Jewish education. (These Jews are often called baalei teshuvah, penitents, but this appelation is both incorrect and harmful.) Students of these institutions have a legitimate need to see what Shabbat looks like in a family setting, and it is a great mitzvah to host them. ---------------------------------------------------------------------- From: <adina@...> (Carl Sherer) Date: Wed, 25 Oct 95 23:56:21 IDT Subject: Hachnasas Orchim I'd just like to add a little to Mark Steiner and Stuart Schnee's posts on hosting overseas students for Shabbos meals in Jerusalem. I agree with Mark's sentiment that the Yeshivot and seminaries have a lot to learn about taking care of their students and I think Stuart's program has gone a long way in doing things in a more menschlichkeit manner. For those of you who have never lived in Israel, you should be aware that while in the US a typical food budget may come to 10% or so of take home pay, here in Israel it often approaches 50%. Those of us in Eretz Yisrael today truly appreciate Chazal's dictum that all of a person's livelihood is set on Rosh Hashana except for food for Shabbos and Yom Tov ... There is one area where I think the overseas parents can help. When I was in Yeshiva here in the late '70's as an overseas student, many of the schools which provided housing adopted the practice of throwing out their students for vacations and renting the dormitories/apartments to vacationing Israelis. This practice was started in some schools as far back as the 1960's. For a foreigner, this means that for three weeks (including chag) they must sponge off relatives - if they have any. This was bad enough in the '70's when the Yeshivot charged tuitions in the $1000-2000 range. But given that Yeshiva tuition in many overseas programs in Israel today approaches what a year of college tuition costs in the States, IMHO it's no longer justified. I often wonder if American parents are even aware that if you choose not to bring your child home for Pesach that child may be looking for people to sleep by and eat meals with for four weeks straight - every day three meals a day. And while having people for a Shabbos meal is generally not a big imposition, sleeping people for more than a day or two often is a tremendous imposition since many of our apartments already have multiple children (bli ayin hara) sleeping in each bedroom. I'm not encouraging you to bring your children back to the States for the Chagim - on the contrary, the Chagim in Eretz Yisrael are the best part of the experience. I'm trying to encourage you to convince your children's yeshivot and seminaries to have a little more consideration for their well-being. -- Carl Sherer Adina and Carl Sherer You can reach us both at: <adina@...> ---------------------------------------------------------------------- From: Dave Curwin <6524dcurw@...> Date: Wed, 18 Oct 1995 23:35:09 EST Subject: Hachnasat Orchim Re Mark Steiner's note: You should know that Bnei Akiva offers a program during the long breaks from Yeshiva in Tishrei and Nissan, called Tochnit Tzion (made up of Tochnit Tishrei and Tochnit Nissan). It allows American yeshiva and michlala students to work on a religious kibbutz during the break. Not only does it avoid placing unneccessary burdens on relatives and friends, but it helps teach American students an important Torah value -- the dignity, nobility and importance of work. David Curwin With wife Toby, Shaliach to Boston, MA 904 Centre St. List Owner of B-AKIVA on Jerusalem One Newton, MA 02159 <6524dcurw@...> 617 527 0977 Why are we here? "L'hafitz Tora V'Avoda" ---------------------------------------------------------------------- From: Eli Turkel <turkel@...> Date: Mon, 30 Oct 1995 09:19:37 +0200 Subject: Loshan Hara I am troubled by some aspects of loshan hara (gossip/slander) and its application in a modern society and would appreciate any thoughts. In particular loshan hara seems to conflict with the idea of freedom of information and investigation. Two specific examples: 1. In a recent article in the YU student newspaper it was pointed out that loshan ha-ra conflicts with most historical and biographical investigations. Thus if one reports that gadol X did something that was less than perfect it might fall under lashon ha-ra. Since almost none of us are perfect that leaves little room for reporting. As one example the author brings statements to the effect that X supported Shabtai Tzvi. The fact that it is true does not remove the prohibition of loshan ha-ra. The only permitting factor would be if reporting these facts would have some immediate beneficial effect for someone. Thus Tanach can say that someone sinned since we are expected to learn from that statement for our personal lives. However stating that someone told Jews in Europe not to leave before the Holocaust would not improve our lives and only denigrate that individual. 2. In one community that I visited over the summer there was a problem with that kashrut of one establishment. The local rabbinate refused to give any details on the grounds that it was loshan ha-ra. Trust the rabbis that they are treating the situation correctly. That led me to believe that a modern state based on halacha would be the ultimate in a closed secret society. There would be no need for the leaders to say anything to the public. Any criticism would be loshan ha-ra. If one had a specific complaint it would be brought (in secret) to some committee (bet din) that would decide the issue. Any attempt to say there was a cover-up would be met by stripes (makot) for lashon ha-ra. I don't want to get into local politics but sorry to say the local religious parties, the city of Bnei Brak etc. have had their share of scandals, nepotism etc. I would hate to see a situation in which they police themselves There are many problems with yellow journalism, muckrackers etc. Nevertheless, I think it is clear that investigative reporters have done much to keep politician at least a little more honest. It would seem that according to halachah one cannot be an investigative reporter even when is sure that the facts are correct. Secrecy is the rule of the day with the justification that the rabbis know best and trust them. <turkel@...> ---------------------------------------------------------------------- From: <friedell@...> (Steven F. Friedell) Date: Thu, 26 Oct 1995 17:22:57 -0400 Subject: Me'eiri and Legislation Some time ago someone posted a notice which I printed out but did not save the entire posting. The part I have quotes the Meiri as saying that the Ra'vad sought to limit the power to legislate to those who meet certain stringent conditions. The part I have begins: "Me'eiri (p. 55) writes: My own explanation for this dictum that if the sages see that a Biblical law (din Torah) causes mishaps and obstacles (i.e. has a negative instead of a positive effect) they must know how to invent new laws and modify old ones as stop-gap measures ("hora'at sha'ah") and to find Biblical support for such legislation.... Does anyone know where this Meiri is to be found? Thank you. ---------------------------------------------------------------------- From: <asilberman@...> (Al Silberman) Date: Sun, 29 Oct 1995 14:44:39 -0500 Subject: RAMBAM / RAMBAN Dates I hope someone can clarify to me the following recorded dates: 1. At the end of my edition of the "Sefer Hamitzvos" there is a date for the completion of RAMBAN's commentary presumably written by the RAMBAN himself. The date given is the year 493 which I presume to be "L'Shtoros" which equates to 1183. However, the date generally used for the RAMBAN's birth is 1194. The Introduction by the RAMBAN to this work states that he wrote it in his elder years. If one letter is missing in the date it could be the year 593 which translates to 1283 which is several years before he died. I assume that there are other possibilities. 2. The RAMBAM at the end of his commentary to Mishnayos writes that he completed the work when he was 30 years old and that the year is "Nine and Seventy L'Shtoros" (in my edition). This is not possible and I must assume that there is a missing Tov (400). Is this Tov instead of the Teth? The RAMBAM's birth is generally assumed to be 1135 which makes 1165 the year when he was thirty. This translates to 475. Is the error in how old he was or the year of the completion? I have used 310 BCE as the start of the Seleucid Era. ---------------------------------------------------------------------- From: Zvi Weiss <weissz@...> Date: Wed, 18 Oct 1995 18:02:10 -0400 (EDT) Subject: Shavers Quite some time ago, the "Kosher Kurrents" put out by the "Star-K" of Baltimore had an article about electric shavers. The basic tenor of the article was -- I think -- that in order to be permitted, an electric shaver had to "cut" hairs by a "scissor-like" action -- i.e., just as in a scissors, the cutting is because the two blades of the scissor "grind" against each other to effect a "Cut", so too here, the cutting of the hair was to be effected by the action of the "cutter" against the mesh screen and thus "clipping" the hair. According to this, if the blade was sharp enough to actually be *able* to cut a hair without the need for any "grinding" action, then there was some sort of problem which could be alleviated by dulling the blades so that they will now only cut by a "grinding" action... --Zvi ---------------------------------------------------------------------- From: Alyssa Berger <aberger@...> Date: Thu, 26 Oct 1995 19:57:21 +0200 (IST) Subject: Talmud research - help request I am conducting a research study on the methods students use to attempt to understand a new piece of Talmud in a havrutha. I'm looking for a piece of gemara that fits certain very specific characteristics. Anyone interested in helping? Here are the characteristics: 1) Something with no unfamiliar concepts such as rare sacrifices or things the students might not have come across before even though they are familiar to experts (e.g. lav ha-nitak l'aseh). 2) A difficult structure (e.g. a question is raised, it leads to another question, a back-and-forth seuqence of proofs and disproofs, eventually getting back to the first question. 3) There should be many "signal words" such as "heche dami" "mai lav" (there could be many different ones, I am just giv ing examples) - e.g. a phrase that clues you in as to what will come next (e.g. what will come next will be an attempted proof that will definitely then be rejected). I am talking about "key words" that appear in guides to "How to Study Talmud" (e.g. R. Frank's dictionary or R. Feigenbaum's "Understanding the Talmud"). 3) Studenshould be able to get through the text in an hour of havruta time. Maybe 1/4 to 1/2 an amud (page). The level of the students will be that they understand the majority of the words. I'm interested in seeing how they try to put together the logical structures. Any other help (e.g. references to papers on similar topics) is also appreciated. Aliza Berger (note new address) ----------------------------------------------------------------------
End of Volume 21 Issue 73