Volume 35 Number 80 Produced: Mon Dec 31 20:25:14 US/Eastern 2001 Subjects Discussed In This Issue: Hair Conditioner and Mikvah [Shoshana L. Boublil] Kaddish [Saul Savis] Kaddish by a non avel(mourner) [Meir Shinnar] Kissing Cousins, Yakov and Rochel: Vayishak - Vayashk [Avi Rabinowitz] Yaakov kissing Rochel (4) [Wendy Baker, I. Balbin, Gershon Dubin, Hillel (Sabba) Markowitz] Ya'akov Kissing Rochel [smeth] Yakov and Rachel [Leona Kroll] ---------------------------------------------------------------------- From: Shoshana L. Boublil <toramada@...> Date: Thu, 27 Dec 2001 19:31:07 +0200 Subject: Re: Hair Conditioner and Mikvah > From: Batya Medad <ybmedad@...> > I'm married over 30 years, and I specifically remember learning that > hair conditioner was not to be used before tvila, because it coats the > hair. Recently I discussed this with a senior rabbi, and he said that as the hair conditioner makes it easier to comb and therefore less likely to have knots in the hair before Tevilla than maybe it should even be recommended. Of course, we should remember that even 20 years ago there were discussions on the use of shampoo before Mikvah (specifically we were warned not to use too much) b/c they could leave a residue. Nowadays, regular hair conditioner does not leave a sticky residue. When the hair is dry, unless you know that someone uses hair conditioner, you don't see anything to indicated its use. On the issue of coating, anything that is permanent or recurrent -- stays. So, perhaps if you always use hair conditioner, it is like a woman who always colors her hair (she doesn't remove the color before Mikvah). Shoshana L. Boublil ---------------------------------------------------------------------- From: <davis@...> (Saul Savis) Date: Thu, 27 Dec 2001 23:57:04 +0200 Subject: Re: Kaddish Regarding the qaddish discussion that has been going on. The strict halakha is that only 1 mourner says the qaddish for all the others. This 1 person is like a shliax tsibur for the other mourners. In GGBH ( = 'Munks' of Golders Green, London one of the last bastions of the Yekess) 1 mourner is indeed chosen and he goes forward and says it out aloud. GGBH is the only place I have seen/heard this although I heard a story of a mourner at another shul who committed a faux pas by saying qaddish at the top of his voice without being invited to say it! I could not find the rules of qaddish yathom in the Mishna Berura, maybe because it is not in Orax Xayim. The Qitsur Shulxan Arukh (section 26) and the Xochmath Adam (section 127) both have lengthy discussions over precedence and qaddish without actually stating what the precedence is about. I assume that the Qitsur and the Xochmath Adam assumed that we all follow the custom of choosing 1 mourner to say qaddish. Having only 1 person saying qaddish inevitably leads to arguments (which, amongst a fair minded people, like us Jews, inevitably leads to rules)! The rules are extensive, eg a regular takes precedence over a guest etc. One solution - when two or more have equal precedence - is to draw lots! The Qitsur appeals to our tolerance "yesh beinyan haqadishim cama xiluqey dinim al-pe haminhagim" (= in the matter of the qaddish there are different laws according to the customs). Knowing that saying qaddish is a very sensitive issue he later writes: "if there are many mourners, God forbid, then it is not good to get into fights and arguments, in many places it is customary that 2 or 3 can say it together". This must be the source of the more widespread, contemporary custom of everyone saying it together. I wish I had a Shulxan Arukh (full version) at home to check this up as I was told many years ago not to rely on the Qitsur as it is a book for youth and is maxmir ( = strict). I anticipate criticism over this last statement. Regarding standing up for qaddish. It is common for sefardim to not stand up specially for qaddish but not to sit down if one is already standing. This is attitude is mentioned by the Mishna Berura (section 56, note 7) but he says we should be maxmir and stand. In my shul, Eshel Avraham in Beer-Sheva, we all sit down for all qaddishim except for those saying it, I like this as I think the more we sit down in shul the less talking and milling around there is. Saul Davis ---------------------------------------------------------------------- From: <Chidekel@...> (Meir Shinnar) Date: Sun, 30 Dec 2001 00:29:38 EST Subject: Kaddish by a non avel(mourner) When I was gabbai at Princeton (mid 70s) , we had a woman who wanted to say kaddish. We got a ruling from Rav Pinchas Teitz zt"l that she could say it if a man also said kaddish at the same time. If there was no male avel (mourner), someone who was an orphan, and therefore sometimes says kaddish, could say it. If there was no orphan, then a man could only say kaddish (so the woman could say kaddish) if he got permission from his parents, and Rav Teitz zt"l added that he would recommend not giving the permission. Clearly, there was an issue of disrespect ( possibly also ayin hara?) towards the living parents, although the precise rationale was not explained. Meir Shinnar ---------------------------------------------------------------------- From: Avi Rabinowitz <avirab@...> Date: Wed, 26 Dec 2001 22:27:42 +0200 (IST) Subject: Kissing Cousins, Yakov and Rochel: Vayishak - Vayashk The chumash has many plays on words, and extremely interesting / insightful sometimes non-PC stories. So whereas I do not think that one should assume that Yakov did not kiss her, the juxtaposition of words can be read to give the following interpretation: Vayashk es tzon lovon = Yakov waterd the sheep, vayishak (exactly the same letters) ... rochel. rochel of course also means lamb. so one can read the pasuk as: Yakov watered the sheep from the well and "watered" rochel with his tears. (and of course tears, water, wells etc, carry much symbolism) ---------------------------------------------------------------------- From: Wendy Baker <wbaker@...> Date: Wed, 26 Dec 2001 22:48:51 -0500 (EST) Subject: Re: Yaakov kissing Rochel Not being FFB (frum from birth) and not having been educated in traditional Jewish sources from early childhood I find this distressing. Of course, it is fine for an elderly man to kiss his 5 -6 year old cousin, but it does not seem fine to me to have an elderly, or even a young man "fall in love" and want to marry his 5-6 year old cousin. There is also the problem of these babies bringing the flocks to the well to water them. Rivka supposedly at age 3!! and now Rachel at age 5-6. I do recognize that childhood was shorter in those days, but still, these are very young ages. Is there no room for common sense and common decency in these analyses? Wendy Baker > From: Shlomo B Abeles <sba@...> > > 1) A man in his 70's kissing his 5-6 year old cousin is really no big deal. > 2) As at that time she was under the age of 12 she was indeed a 'ketana'. > However 7 years later she was no longer a 'ketana' but Lovon's younger > daughter - ''hatzeiro'. > 3) At the age of 5 she was simply too young to get married - and that is why > Yaakov agreed to wait 7 years, however > 4) 7 years later - she was of a marriagable age and there was no reason to > wait any longer. ---------------------------------------------------------------------- From: I. Balbin <isaac@...> Subject: Yaakov kissing Rochel > From: Shlomo B Abeles <sba@...> > > Here is something I posted last year on the Areivim list about the same > topic: > > However, now that we know that Rochel was a still a young child at the > time of their meeting at the well - everything falls into place > beautifully... > > 1) A man in his 70's kissing his 5-6 year old cousin is really no big deal. > 2) As at that time she was under the age of 12 she was indeed a 'ketana'. > However 7 years later she was no longer a 'ketana' but Lovon's younger > daughter - ''hatzeiro'. A few comments. A) I am unaware of a halachik precedent which relaxes the rules of Ervah for someone who is seventy or more. There is halachik discussion about an older woman who is no longer menstruating and who is presumed to have gone to the mikvah the last time, but I am not aware of age as a factor for males. The Pasuk in Kedoshim (I think its 18:19) talks about an "Isha B'Nidas Tumoso". It does not seemingly qualify the male. Furthermore, given that our Avos were capable of fathering children at ages post 70, the age of 70 or more would seem to be irrelevant to any male age argument. B) The criteria used in many circles with respect to young girls and their obligations in respect to Ervah as far as Chinuch is concerned relates to MATURITY and UNDERSTANDING, and not to 12 years of age. Clearly, Rachel's physical and developmental maturity and understanding were such that Ya'acov considered them advanced enough to want to marry her immediately. Rishonim argue as to whether Kirvah to Aroyos is a Rabbinic prohibition or Mideorayso. I think it is a Machlokes between the Rambam and the Ramban. C) There is no particular leniency for cousins that I am aware of. Achronim talk about Brothers and Sisters and vary in their approaches to such. D) One has to consider the nature of the kiss. There are Achronim who contend (perhaps as a minority view) that an action which is done as a form of greeting, as opposed to a sign of affection, does not constitute the prohibition of Kirvah Le-Arayos. What indeed was the nature of the kiss. Was it a greeting? Was it on the hand? If someone kisses another's foot, what is that halachikally? Please note: I am not expressing my own views on this matter or the various opinions indicating any leaning towards a particular approach. I am questioning the analysis. Before any analysis takes place, I think it is important to work out FIRST what the Issur _may_ be, and second whether it is Rabbinic or from the Torah. From there, one can dissect further if one wishes. ---------------------------------------------------------------------- From: Gershon Dubin <gershon.dubin@...> Date: Wed, 26 Dec 2001 19:21:36 GMT Subject: Yaakov kissing Rochel From: Shlomo B Abeles <sba@...> > 2. When discussing the marriage deal, Yaakov decribed Rochel to Lovon > as - "Bit'cho HAKTANO", whilst later when Lovon was trying to explain > his behaviour, he said - "Lo'seis HATZE'IRO lifnei hab'chiro". Why the > different description? I saw one explanation that Rochel was yefas toar which means tall. Therefore, while she WAS tze'ira (younger) she was NOT ketana (smaller) which was Lavan's excue for the trickery. Gershon <gershon.dubin@...> ---------------------------------------------------------------------- From: Hillel (Sabba) Markowitz <sabbahem@...> Date: Wed, 26 Dec 2001 16:32:45 -0500 Subject: RE: Yaakov kissing Rochel >From: Shlomo B Abeles <sba@...> >Q 3. Why did Yaakov - no youngster by any means - agree to wait 7 years >before marrying Rochel? Why not marry first and then work off his 7 years? Another answer that I heard was that when Yaakov first came he was a penniless wanderer with no track record. As a result Lavan (who judged everyone by himself) did not trust him to stay and work once he had maried Rachel After he married Leah and had proved that he would keep his word, Lavan was willing to trust him to work the remaining 7 years. Additionally, Lavan was afraid that if he turned him down, he would get up and leave (since he did have a wife). He was too valuable to take that chance. Hillel (Sabba) Markowitz - <sabbahem@...> ---------------------------------------------------------------------- From: smeth <smeth@...> Subject: Ya'akov Kissing Rochel I saw the following in the Itturei Torah (I forgot in whose name): Why did Ya'akov cry after kissing Rochel? Because of all the people in the future who would misunderstand his actions. ---------------------------------------------------------------------- From: Leona Kroll <leona_kroll@...> Date: Wed, 26 Dec 2001 00:40:16 -0800 (PST) Subject: Yakov and Rachel Thanks to Shlomo for pointing out the (perhaps not so) obvious- Rachel was quite young, and could not possibly be in nidah at that age, etc, and she is his cousin, etc.- so according to the plain and simple meaning of the verse it was certainly not a misdeed. I also think that it's important to realize- and this especially comes into play when we consider the events of Yakov's life- that the avos were operating on an entirely different level of spirituality (and since it is a Jewish spirituality, that includes ethics, moral norms, etc., and is not merely some hippie-dippie notion of feeling spiritual and feeling that you love G-d, its a grounded spirituality), and so we have to understand that where the text seems to point towads an error, we have to keep this in mind and judge mitzad zchut, and I don't think that this alters the simple meaning of the Torah- since pshat is not always literal, and according to Chazal there are some pasukim which we are not supposed to take literally (i.e., Let us make man...)- we shouldn't fall into some LitCrit trap of insisting that literal and pshat are one and the same. By way of example- i heard that once by an Aguda convention a Rav commented that Yitzchak loved Esau for the hunt that was in his mouth- as the pasuk says- and this means that Yakov loved Esau because he was a real 'man's man', a hunter, etc., and another rav told him that he had to go the maret hamachpela with a minyan and ask for Yakov's forgiveness- because to have taken the verse so literally was to reduce Yitzchak to a very base human being, and this is not how we look at the Avos, and he proceeded to explain the verse in a way which is congruent with the pshat (ie it refers to the 'hunt' in his mouth, a captive entity which Esau had huntd and swallowed) but also congruent with what we know Yitzchak Avinu to be, a spiritual being (the rav tiched, al pi Reb Chaim Vital and the ARizal that the 'hunt' in question is the neshomot gerim)- i'm saying all this now to suggest that in looking at the avos, we have to be able to step back from being literalists- the levels of pshat, remez, etc often work together. we're not protestants. ----------------------------------------------------------------------
End of Volume 35 Issue 80