Volume 26 Number 76 Produced: Thu Jul 3 1:08:44 1997 Subjects Discussed In This Issue: Accurate Tikkunim [Art Werschulz] Accurate Tiqqunim [Alan Cooper] Jewish View of Capital Punishment [Eli Clark] Pru Urvu and Sheva Mitzvot Bnei Noach [Rachel Mechanic] Reading Ketuvim on Shabbat afternoon [Shlomo Katz] Rebbe vs msader kiddushin [Chaim Shapiro] Shehechiyanu when Wearing a New Garment [Reuven Miller] ---------------------------------------------------------------------- From: Art Werschulz <agw@...> Date: Wed, 2 Jul 1997 10:01:45 -0400 (EDT) Subject: Re: Accurate Tikkunim Hi. I've lately been using the Tikkun LaKorim Chadash "Simanim", which is available (e.g.) from Eichler's in Flatbush. It has a lot of really spiffy features, such as explicit indication of kamtzei ktanim, emphasizing kri/ktiv differences, printing unexpectedly accented syllables larger on the vocalized column, etc. A STaM font is used on both columns. Also, the two columns are laid out line-for-line the same (much like the Koren Tikkun). This makes it easy to bounce back and forth. Not surprisingly, the unvocalized column doesn't match line-for-line with (e.g.) the KTAV Tikkun. I *have* noticed that it doesn't always break the first aliyah into its three Shabbat mincha/MonThurs morning parts at the same spots that (e.g.) the KTAV Tikkun or the Hertz chumash would break. It's also a very large book---it barely fits into my briefcase for those times when I want to work on the leyning during my commute. What I've finally wound up doing: I initially learn out of Tikkun LaKorim Chadash "Simanim". If I need to do extra work (while commuting), I use KTAV. At any rate, if at all possible, I try to be able to leyn out of both books. This way, I'm less dependent on spatial cues, so that if the Torah scroll isn't aligned with one Tikkun or the other, I'm less likely to be thrown off. Art Werschulz (8-{)} "Metaphors be with you." -- bumper sticker GCS/M (GAT): d? -p+ c++ l u+(-) e--- m* s n+ h f g+ w+ t++ r- y? Internet: <agw@...><a href="http://www.cs.columbia.edu/~agw/">WWW</a> ATTnet: Columbia U. (212) 939-7061, Fordham U. (212) 636-6325 ---------------------------------------------------------------------- From: Alan Cooper <amcooper@...> Date: Wed, 2 Jul 1997 08:38:43 -0500 (CDT) Subject: Accurate Tiqqunim >From: Miriam Goldberg <mgoldber@...> [after citing a previous posting] >In addition to your criteria, I would add: 1) a list of the unusual >kriot -- just to save having to open another text to be sure that I'm >preparing the right reading and 2) notations for unusual troph -- e.g., >the shirat hayam troph that is used in matot/masei and in b'haalotcha >for the "travels" (Vayis'u m'____; Vayachanu b'____.) and even notations >like reading the toch'chot quickly and quietly. Perhaps a second volume >on troph itself (although there are a number of good books out already >so that's probably overkill). In short, I would want a one- or >two-vol. set that even beginner ba'ali kriah could use as a faithful and >complete guide. the concluding sentence gets to the crux of the matter--please excuse the all-lower-case typing as i have a broken arm. the tiqqun is not intended for use by beginners, but by people who already possess knowledge of hebrew grammar and cantillation practices. it is not a teaching tool, but an aide-memoire for the experienced reader. those who do not know the customary cantillation practices, variant tropes, rules of accentuation, schwa, qamets qatan, etc., should not expect to learn these things from a tiqqun--indeed, one hopes that those people are not actually reading tora in synagogue with such deficient knowledge. it is best to learn about such matters from a competent teacher, and to reach a level of proficiency that will enable one to use the tiqqun as intended before reading in public. then one will be in a position to decry the poor print quality of the most readily-available tiqqunim. >My current setup is actually as follows: I have the entire tikkun >photocopied and am trying to put together for myself what I have >described above. I double check with primarily the Koren tanach. In some >cases, I double check against Koren, JPS, Torat Chayim, and whatever >else I have handy (Plaut, mikr'ot g'dolot). Part of the problem of >double checking stems from my uncertainty as to where each of those >editions got _their_ text. [snip] again, checking the masoretic apparatus requires competence and training. one should familiarize oneself with the problems by reading such works as prof. yeivin's introduction and prof. dotan's article in the ej. on the miqra'ot gedolot masora, one should go back to the writings of jacob b. chayyim and elijah levita, which have been translated into english. ms. goldberg is correct in suggesting that it is pointless to 'check' a tiqqun against other dubious texts. even if one is using more authoritative editions for checking, however, it still requires considerable expertise to deal with variant readings. >I have actually spoken to one or two >people about putting together a new tikkun. I don't hold out _much_ hope >but one never knows. with all respect, it is not more tiqqunim that we need, imo, but more people undertaking the serious study of cantillation and masora. alan cooper ---------------------------------------------------------------------- From: Eli Clark <clarke@...> Date: Tue, 1 Jul 1997 10:35:00 -0400 Subject: Jewish View of Capital Punishment In Vol. 26 #74, Tzadik Vanderhoof <stvhoof@...> asked: Does anyone know what the correct Jewish view of capital punishment for non-Jews by non-Jews? It is safe to say that there are at least two views on the subject. Mr. Vanderhoof suggests that capital punishment may be "a fulfillment of the non-Jews' obligation, under the seven commandments of the descendents of Noah, to establish just courts and to enforce the prohibition of murder, which applies to non-Jews and is punishable by death (according to the 7 commandments)." It should be noted that there is a dispute among Rishonim (medieval authorities) regarding the precise scope of the Noahide obligation to establish laws: does it entail only the enforcement of the other six commandments or does it encompass the establishment of a comprehensive justice system? In either case, it may be assumed that capital punishment would play a part in such a system. This is because all of the other six Noahide commandments are punishable by death. An opposing view was articulated by Rabbi J. David Bleich in an article entitled "Capital Punishment in Non-Jewish Courts" (or some reasonable approximation thereof). The article is reprinted as a chapter in one of the volumes of Rabbi Bleich's series, Contemporary Halakhic Problems. Apparently, during the 1970's debate in New York state regarding capital punishment, a number of Jewish leaders argued that Torah-observant Jews should support the imposition of the death penalty under New York law. Rabbi Bleich rejects this view altogether. He claims that the halakhic sanction for capital punishment cannot be divorced from the halakhic justice system. In other words, only a court which is governed by halakhic principles regarding homicide, evidence, and procedure is permitted by Halakhah to impose the death penalty. For example, a halakhic court would not convict a person of murder solely on the basis of circumstantial evidence, but requires the testimony of two eyewitnesses. (For this reason, neither Timothy McVeigh nor O. J. Simpson would have been convicted in a halakhic court.) My own view is an intermediate one. Rabbi Bleich is no doubt correct that one cannot make facile analogies from one justice system to another. One who concludes that the death penalty is justified in, e.g., U.S. courts (or state courts) because "the Torah says so," is plainly being simplistic. At the same time, as Mr. Vanderhoof notes, Noahide courts are themselves enjoined to enforce the death penalty. Rabbi Bleich notwithstanding, I am somewhat dubious that every Noahide court is required to adopt every relevant halakhic principle in carrying out its duties. I think one may also draw a distinction between arguments of policy and morality. Let us assume Rabbi Bleich is correct that differences between secular systems of justice and Halakhah are too great to warrant support for the death penalty in secular courts. From a policy point of view, then, Rabbi Bleich would not support the secular enforcement of capital punishment. However, the inherent morality of capital punishment is, I think, affirmed by the Torah. It is irrefutable that God's law asserts that there are actions for which a person deserves to forfeit his life. Kol tuv, Eli ---------------------------------------------------------------------- From: <701718@...> (Rachel Mechanic) Date: Wed, 2 Jul 1997 13:18:03 -0400 Subject: Re: Pru Urvu and Sheva Mitzvot Bnei Noach In issue #75, Zmira Wolf wrote: >Is pru urvu one of the sheva mitzvot bnei Noach? If not, are bnei Noach >chayav in this mitzvah? This past year I was in the grade 12 Rabbinics class at CHAT and this subject was addressed. The answer is sort of. I know that sounds a bit ridiculous, but throughout history, Jewish Rabbeim have been commenting on this subject. Who am I to give a ruling. The sources below are partially adapted from "Marital Relations, Birth Control and Abortion in Jewish Law" by Rabbi David M. Feldman. I hope that it will be of some assistance. According to the relevant part of the Talmud, the answer is no (TB Sanhedrin 59b), however, in another place the Talmud rules that a ger who had children before he/she converted has fullfilled the mitzva (TB Y'vamot 62a). Tosafot points out the apparent contradiction. Seemingly, the mitzva is applicable to the non-jew. Applicable (?) yes! Mitzva (?) no! Another Tosafot (Y'vamot) suggests that they are applicable under the 7 mitzvot. Rambam tries to reconcile the two in his Yad in Hilchot Melachim chapters 9-10. Rambam explains here the rules pertaining to the non-jew under the rule of a Jewish king, or anywhere else for that matter. He does not include the mitzva of pru ur'vu in the Yad (following what is in the Talmud). He explains that the secones Tosafot refers only to the sons of Noach *himself* and not to future generations. Another source (Rav Gaon's Sh'iltot) that predates the Tosafot writes: "The house of Israel is obigated to mary and beget children and concern itself with the fullfillment of pru ur'vu as it is written (Yirmiya 29:6) 'Take ye sons and beget sons and daughters.' And not only Israel but even gentiles are bidden to procreate as it is written (Gen. 9:7) 'And ye, increase and multiply.'" Sh'iltot's standered commentary (Rav Berlin) rallied to his aid by demonstrating that the Talmudic passages could be interpreted the same way. Sh'iltot is alone in his position. The Aruch HaShulchan explains the words of the Sh'iltot in context and compares them to it's language in another place. "As to the haitation of the world, all human race is equal [in this responsability]. Even though a mitzva does not attach to each individual [among the gentiles], [the obligation] rests on the generality of mankind to increase the world's population in accordance with Hashem will as expressed to Adam and to Noach and his sons. With Israel the mitzva was attached to to each individual just as any other mitzvot are. Gentiles who were not given the the other commandments were not given this one as a mitzva either - to individuals - but the bracha from Hashem to increase and multiply was directed to all of humanity. This is the position held by most people as to whether or not this is one of the 7 mitzvot b'nei noach. Rachel Mechanic ---------------------------------------------------------------------- From: Shlomo Katz <skatz@...> Date: Wed, 02 Jul 1997 09:23:19 -0400 Subject: Reading Ketuvim on Shabbat afternoon Since yesterday's message on reading Ketuvim on Shabbat afternoon and on haftarot in mincha generally, I have had a chance to review my notes. Some of the "mareh mekomot"are as follows: Shabbat 116b Shabbat 24a, last line, and Ritva, Meiri, and Ba'al Hamaor there Mishnah, Megillah 21a and Rashi, Tosfot and Rashba there Teshuvot Hageonim on all of the above Not directly related to the question, but interesting: In She'eilot Uteshuvot Melamed Leho'il by Rav David Hoffman (Berlin, turn of this century) he writes that they used to reread the haftarah in mincha for the benefit of public school kids who missed shul on Shabbat morning. He writes that he disapproves of this but "kvar horah zaken" i.e., Rav Ezriel Hildesheimer. ---------------------------------------------------------------------- From: Chaim Shapiro <ucshapir@...> Date: Mon, 30 Jun 1997 21:12:19 -0500 (CDT) Subject: Rebbe vs msader kiddushin At a recent wedding, I was the baal tefila for mincha. Upon completing my shmone esrai, i turned around to look for the rav's approval to continue. I, however, (as usual) had a problem. There were two rabbonim in the minyan, and I was not sure which one to wait for. First, there was the msader kiddushin who davened a relatively quick shmone esrai. On the other hand, my rebbe from my yeshiva days was also present. He davened a rather slow shmone esrai, finishing a few minutes after the msader kiddushin. Neither rabbi was from that particular city. So, who do I wait for, my rebbe as I would normaly do? Or, do I consider the msader kidushin the morah dasra even though he is nowhere near his city or shul? Chaim ---------------------------------------------------------------------- From: <millerr@...> (Reuven Miller) Date: Wed, 2 Jul 1997 14:46:29 +0300 (WET) Subject: Shehechiyanu when Wearing a New Garment Could anyone suggest an _Ashkanasi_ source for the wide spread custom of making a shehechiyanu when wearing a new garment and not when buying it (which is the requirement of the Gemara and brought down by the Shulchan Aruch as well as by the Mishna Brura and the Aruch HaShulchan. The Ben-ish Chai and the Kaf Hachaim (Sefaradi poskim) do state that todays custom is to make b'racha at time of wearing the garment but I need a source for Ashkanasim. | Reuven Miller | | E-mail: <millerr@...> | ----------------------------------------------------------------------
End of Volume 26 Issue 76