Volume 32 Number 65 Produced: Wed Jun 28 21:13:29 US/Eastern 2000 Subjects Discussed In This Issue: Heter Mechirah (2) [Reuven Miller, Sylvain Cappell] Honesty in Prayer [Ezriel Krumbein] Mechirat Hametz [Mark Steiner] Post Pesah Bread [Menashe Elyashiv] Question on Odd Statistics in Numbers Census [Hillel (Sabba) Markowitz] Shir HaMa'alot question [David and Toby Curwin] Tikun Sofrim (2) [Andrew Klafter, Alexander Heppenheimer] 'Yihye' and 'Tihye' [Jack Gross] ---------------------------------------------------------------------- From: Reuven Miller <millerr@...> Date: Tue, 13 Jun 2000 00:01:30 +0300 (IDT) Subject: Re: Heter Mechirah > From: Idelle Rudman <rudmani@...> > Rav Kook allowed working the land during the sh'mitta year for a number > of reasons.He felt that there was an immediate and present piku'akh I really have not be able to follow any of the discussions lately but... why put it on Rav Kook? There was a heter mechira for about 8! smittas before Rav Kook came on the scene. There was always an opposition but the heter was established and supported by the greatest of Rabbis from the non-Zionist world as well as the pro-zionist ones. There seems to be a movement in recent years to associate the heter mechira specifically with haRav Kook and I think that that is a mistake. Reuven Miller ---------------------------------------------------------------------- From: Sylvain Cappell <cappell@...> Date: Thu, 15 Jun 2000 19:31:06 -0400 (EDT) Subject: Re: Heter Mechirah Re some recent discussions on, in part, the history of the Heter Mechirah: A few years ago, a sourcebook on this was published by Hamachon Lemoreshet Yisrael, "Heter Tarmat" by Rabbi (& Prof.) Shlomo Sternberg. Prof. Sylvain Cappell <cappell@...> Courant Institute of Mathematical Sciences, N.Y.U. ---------------------------------------------------------------------- From: Ezriel Krumbein <ezsurf@...> Date: Mon, 19 Jun 2000 20:52:55 -0700 Subject: Re: Honesty in Prayer The proplem with changing nachem, is that Yerushalayim that we mention, is the Yerushalayim in the time of the Batei Mikdash not new Jerusalem. This Yerushalyim that is the Ir Ha Atika. I do not know this statistically but, I would guess that at least half of the Ir Hatika is not realy a Jewish city in the fact that non-Jews are the majority residence. The Silwan is also part of that Jerusalem. The Jews living there, last I heard wich was a number of years ago, were hiring their own security to protect themselves. This description sounds more like the description in Tanach of Yerushalayim at the retrun from Bavel. Then they split people up those to stand guard and those to build. May we be zoche to the complete geulah bimiharah biyamaienu. Kol Tov Ezriel ---------------------------------------------------------------------- From: Mark Steiner <marksa@...> Date: Mon, 19 Jun 2000 11:22:13 +0300 Subject: Re: Mechirat Hametz In the discussion of selling of hametz to a non-Jew before Pesach, a fundamental distinction has not been made explicit: my own reliance on this heter in order to avoid destroying, for example, whiskey in my possession, and relying on somebody else's sale, in order to eat HIS hametz after Pesach. In some ways, it is easier to do the former, and in some ways, the latter. For me, the prohibition of keeping hametz in my house is Biblical. Eating somebody else's hametz after Pesach is "only" a rabbincal prohibition. So one could see a policy of not selling one's own hametz gamur, but eating somebody else's after Pesach. On the other hand, when I sell my own whiskey I have 100% intention to make the sale, so that if the non-Jew comes to get the whiskey I'll give it to him (in his rented closet in my home) without hesitation. When I go to a store after Pesach to buy hametz, I have the following doubts: 1. The storekeeper might consider mekhirat hametz just a ritual he has to go through to keep his kashrut supervision. 2. He might think he's selling it to the rabbi, who then sells it to the non-Jew. 3. He might think it's a conditional sale, contingent on payment after Pesach (if so, of course, then the hametz was his all the time and is forbidden after Pesach). To make it clear to both sides, by the way, that the sale is not conditional, R. Mordechai Willig shlita (otherwise known on this list from the prenuptial agreement discussion) does not "buy back" the hametz after Pesach. Instead, he accepts the hametz in lieu of payment, a wonderful idea. Even so, as the Hazon Ish explained, the heter works, because we assume that every Jew is interested (on some level) in doing the Divine Will, so that even if he doesn't understand how the heter works, and even if he looks as though he doesn't really want to give up his entire stock of whiskey to a non-Jew by sale, we assume that he is leaving it to the rabbi to get rid of his hametz in WHATEVER way that works. I personally have no problem with accepting the Hazon Ish on this; at the same time, I do not deride any Jew who refuses to sell his hametz or eat hametz that was sold (after all, the Vilner Gaon was one such Jew). ---------------------------------------------------------------------- From: Menashe Elyashiv <elyashm@...> Date: Mon, 19 Jun 2000 19:26:25 +0300 (IDT) Subject: Post Pesah Bread Of course the mehadrin bread baked after Pesah is not from post Pesah flour. It is baked from dry grounded flour. The same for cakes, pasta etc. and they are marked "baked after Pesah". They have no ingredents that are hames. ---------------------------------------------------------------------- From: Hillel (Sabba) Markowitz <sabbahillel@...> Date: Mon, 19 Jun 2000 23:24:49 -0400 Subject: Re: Question on Odd Statistics in Numbers Census > An article from Yeshiva Har Etzion discussed the matter and stated that > a Professor Beller has stated that the counts of bechorim are based on > the children born _after_ yetzias mitzrayim. The article was sent out > for Parshas Naso last week. You could find it on the Yeshiva Har Etzion > website (I think it is http://www.yhe.org.il but I am not sure). > > [The web address for the Yeshivat Har Etzion Virtual Beit Medrash is > http://www.vbm-torah.org/, but I could not find the above referenced > item in their archives area. Mod.] Thank you for correcting me on the URL. Here is the header of the actual article and part of the relevant paragraph. YESHIVAT HAR ETZION ISRAEL KOSCHITZKY VIRTUAL BEIT MIDRASH (VBM) PARASHAT NASO The Census of the Leviim and the Number of Firstborn (Bamidbar 3-4) By Rav Elchanan Samet E. AN UNSUCCESSFUL ATTEMPT TO SUBSTANTIATE THIS HYPOTHESIS The approach suggested above, that the figures of 22,273 Israelite firstborn and 300 Levite firstborn refer to those born during the year after the exodus, is adopted by Professor Eliyahu Beller of the mathematics department of Bar-Ilan University, in his article "The Problem of the Firstborn" (Higgayon, vol. 2, 5753, pp. 103-117). His article is a professional, scientific one not meant for the likes of laymen such as the present author. We shall suffice with an examination of the basic Biblical assumptions underlying his mathematical model; but as to the model itself and the calculations based upon it, we shall rely on the professional abilities of its author. Said the fox to the fish, "Join me ashore" | Hillel (Sabba) Markowitz Jews are the fish, Torah is our water | Zovchai Adam, agalim yishakun ---------------------------------------------------------------------- From: David and Toby Curwin <curwin@...> Date: Mon, 19 Jun 2000 09:54:50 +0300 Subject: Shir HaMa'alot question Geoffrey Shisler <geoffrey@...> wrote: > I have tried, without success, to discover the origin of the verses > Tehillat Hashem...Va'anachnu Nevareich.....Hodu........and Mi Yemalell > being attached to the Shir HaMa'alot before Birkat HaMazon. > > Why are they there? Why these specific verses? Who put them there, and > when were they added? I heard in the name of my Rosh Yeshiva that the additional verses were added to take off some of the emphasis on Eretz Yisrael that appears in Shir Ha'Maalot and Al NaHarot Bavel, as well as in the Birkat HaMazon itself. It appears that some felt that Birkat HaMazon was becoming too "Zionist"! He therefore recommended that we do not add those verses. David Curwin Kvutzat Yavne, Israel <curwin@...> ---------------------------------------------------------------------- From: Andrew Klafter <andrew.klafter@...> Date: Thu, 15 Jun 2000 01:30:28 -0400 Subject: Re: Tikun Sofrim > From: Carl Singer <CARLSINGER@...> > If tomorrow morning someone unearthed an n'th century Torah scroll in > perfect condition and this scroll had ONE WORD different than the > currently accepted geersah what would be the appropriate halachik > response? > > And let's not play with the authenticity of this newly discovered Sefer > Torah. I like this question. I can't understand, however, why we would think that a Torah discovered from the medieval or ancient period should be more accurate than ours. Are you assuming that we should conclude that it's more authoritative just because it's older--less chance for copy errors because of less generations since Har Sinai? In any case, i will accept the terms of your question--we have some way of knowing that this Sefer Torah is not a Kara'ite sefer, or that the extra word is not a Sabbatean or Christological incantation. I can think of the following reasons not to accept the older sefer Torah: 1) Minhag Avoseinu B'Yadeinu--we are entitled to conclude that the specific ritual customs or texts that have been passed directly to us are legitimate, and there is an inordinately high burden of proof that must be surmounted before we would conclude that our Mesorah has a weak link. 2) Halacha KeBasra'ei--when we are faced with two opinions in halacha and we cannot independently conclude that one is more accurate than another, we follow the LATER opinion. 3) Halacha KeHamachri'a-related to #2 but subtly different--when there is a dispute in halacha and Authority A had reviewed authority B's position and weighed it against other opinions, we follow Authority A because he has had the benefit of weighing the various positions one against the other. I.e., we can assume that when sofrim saw discrepancies when they were copying sifrey Torah, they followed the opinion that made more sense. Therefore, the versions of the text which are still extant in our Sifrei Torah were decided by the sofrim who copied them to be superior. What I can say with confidence is that very few Orthodox rabbis would be ready to change our sifrei Torah in response to an archeological discovery. Sociologically, this is very similiar to the current situation with techeilis. There is, to my understanding, very solid evidence that the current species being used for techeilis dye is correct. Furthermore, if even if it were the incorrect species, it would not, according to all halakhic opinions, invalidate the tzitzis. Nevertheless, the techeilis is hardly catching on. The Torah community is, needless to say, quite conservative and reluctant to conclude that we know something that preveious generations didn't. ---------------------------------------------------------------------- From: Alexander Heppenheimer <aheppenh@...> Date: 14 Jun 2000 17:49:59 -0700 Subject: Re: Tikun Sofrim In MJ 32:53, Carl Singer <CARLSINGER@...> wrote: > If tomorrow morning someone unearthed an n'th century Torah scroll in > perfect condition and this scroll had ONE WORD different than the > currently accepted geersah what would be the appropriate halachik > response? > > And let's not play with the authenticity of this newly discovered Sefer > Torah. In a word, I believe that the appropriate halachic response would be, "You have no other judge than the one who is living in your days" (Rashi, Devarim 17:9): even supposing that this sefer Torah was originally kosher as written, the decision of today's halachic authorities is that this particular mesorah is not accepted. [This is quite apart from the fact that we actually have no way of knowing whether this sefer Torah was ever kosher in the first place. For all we know, the sofer might have made a mistake!] I have actually written a short article on this topic recently, which appeared in the journal Haoros Ubeurim Oholei Torah (issue 797). In issue 794 of that journal, Rabbi E.N. Silberberg, Rosh Mesivta of the Lubavitcher Yeshivah of Chicago, analyzed some statements by the Rogatchover Gaon and R' Velvel Soloveitchik about Megillas Esther, and concluded that the original enactment establishing the Megillah as a book of Tanach was framed in such a way that the Megillah, in order to be kosher, would always have to be written according to the regulations established by the contemporary halachic authorities. I countered with evidence that this seems to be true not only of Megillas Esther, but in general of all 24 books of Tanach. For example, the Yerushalmi (Taanis 4:2) records that (at some unspecified time) "[the Sages] found three sifrei Torah in the courtyard of the Beis HaMikdash... one read 'ma'on elokei kedem' and the other two, 'me'onah elokei kedem' (Devarim 33:27), and so they accepted the two and invalidated the one": presumably there had formerly been different traditions about the correct wording of the verse (and a sefer Torah written according to either tradition would have been valid), but this decision rendered the "ma'on" sefer Torah invalid. [Even today, there are several variances in mesorah between different segments of Jewry, the most well-known being the variation (in Devarim 23:2) "dakka" (without a final hei) vs. "dakkah" (with the hei): since we now have no supreme halachic authority whose opinion is binding on the entire Jewish People, each community can follow its own mesorah on this issue. Presumably, though, when Moshiach comes (soon!) and the Sanhedrin can sit again, then if they decide, say, for "dakka," then the version "dakkah" will be invalidated, and vice versa. (They, or their successors, would also be able to overturn such a decision later, but that's a whole different matter.)] Kol tuv y'all, Alex ---------------------------------------------------------------------- From: Jack Gross <jbgross@...> Date: Sun, 18 Jun 2000 22:22:30 -0400 Subject: Re: 'Yihye' and 'Tihye' <<From: Carl M. Sherer <cmsherer@...> Perets Mett writes: > What is all this tihiye and yihiye business? The vowel under the hey is > a shvo (noch), so the words are 'yihye' and tihye' I was taught to read both of those heh's as mapik heh's. >> I believe the rule is, quite simply, if a consonent such as Heh or Yud is printed without a vowel and without a sheva, other that at the end of the word, it is silent. If a sheva appears, the letter represents its normal consonental value. Thus the first Heh of Yihyeh, and the Heh of Pedah'el, are consonental ("mapik heh"), while the Heh of Pedahzur is silent. At the end of a word, the sheva nach is nomally omitted, and the "mapik" dot is used there to resolve the ambiguity. -- Yaakov Gross ----------------------------------------------------------------------
End of Volume 32 Issue 65