Volume 39 Number 58 Produced: Sun Jun 1 8:03:36 US/Eastern 2003 Subjects Discussed In This Issue: Forgetting to count Sefira [Shmuel Himelstein] Hair Covering (Women) [Ephie Tabory] Halakha and Vaccines (2) [Carl Singer, Rise Goldstein] Mitzvah for Mikey [Carl Singer] Mitzvot of the Tzibur [Joel Rich] Modern Orthodoxy Definition (Chumras) [Carl Singer] Rosenblum article -- question re Choosing Jewish Leaders [I Kasdan] Sefirat HaOmer [Mark Steiner] Segulas and Superstitions [Ben Katz] A Serious but Halachic Approach to the Orthodoxy Problem [Josh Backon] Standing for L'cha Dodi [Yisrael Medad] ---------------------------------------------------------------------- From: Shmuel Himelstein <himels@...> Date: Fri, 30 May 2003 14:54:31 +0200 Subject: Forgetting to count Sefira Piskei Teshuvot (more about this set below), in Volume 5, p. 283, brings an interesting responsum in Shibbolei HaLeket (if I deciphered the abbreviation correctly) Part 3, Section 96, who rules that "If a Rav forgot to count [sefira] one day, and it is customary for him to count aloud for the community,and if he stops counting aloud [for the comunity] it will be considered disgraceful and a denigration of the honor of the Torah, he can continue counting aloud with a blessing." Piskei Teshuvot is a work in progress. The author, following the sequence of the Mishnah Brurah, brings numerous responsa of modern-day concern. The author is R' Simcha Benzion Rabinowitz, who - I understand - lives in Ramat Shlomo, Jerusalem. So far, I am aware of four volumes which have been published. In other words, two more volumes will complete the set. I would highly recommend the set to anyone who deals with contemporary halachah. The general tone is Charedi. Shmuel Himelstein ---------------------------------------------------------------------- From: Ephie Tabory <tabore@...> Date: Thu, 29 May 2003 14:21:19 +0200 Subject: Re: Hair Covering (Women) A student of mine is writing a dissertation in sociology on hair covering, Anyone willing to contribute information, suggest references, personal stories,provide artifacts (advertisements etc, please, do not send your old hats or sheitels!) can write to me off-line. Thanks. ephraim tabory ---------------------------------------------------------------------- From: <CARLSINGER@...> (Carl Singer) Date: Fri, 30 May 2003 07:31:15 EDT Subject: Re: Halakha and Vaccines Just the opposite. Since you are putting yourself your family and your community in danger if you don't vaccinate it should be assure not to vaccinate. Agreeing that this is not a medical forum -- here are some issues to be aware of (dangle ye participles while ye may.) In some states a child with a letter from Clergy stating that it is against their religious beliefs to vaccinate must be admitted to PUBLIC school. I am not sure re: private school. Nor am I sure who at school (teacher, principal, school board) is recipient or decision maker) i.e., is letter valid, and what do we do next to accomodate (private tutor, fully integrate into classes, etc.) When my wife was English Studies Principal of a well known yeshiva (in New York State) -- she had to deal with such an issue -- that is two parents (let's leave the kids out of it) who refused to have their children vaccinated and had a letter from a Rabbi. Legal council was required as well as a p'sak halacha. Life gets very complicated, especially -- as noted above -- when there is danger to the community (other students) The family eventually moved to another community so this matter was not fully resolved. Carl Singer ---------------------------------------------------------------------- From: Rise Goldstein <rbgoldstein@...> Date: Fri, 30 May 2003 06:46:35 -0700 Subject: Re: Halakha and Vaccines Ben Katz wrote, in connection with parents who don't vaccinate their children: > Just the opposite. Since you are putting yourself your family > and your community in danger if you don't vaccinate it should be assur > not to vaccinate. I would add one qualification to this assertion, speaking again as a doctorally trained epidemiologist (albeit not an infectious disease specialist). It is *not* necessarily the case that one who does not vaccinate puts his or her family, or community, at risk. Not every member of a family, or community, has to be vaccinated in order for epidemics to be prevented. In epidemiology there is a concept called "herd immunity," which basically means that if a large majority (generally, 75-80%, though there could be diseases where the needed vaccination prevalence would be higher) is vaccinated against Disease X, then epidemics of that disease will not occur. Therefore, even if some individuals don't vaccinate themselves or their children, there could still easily be more than adequate protection against transmission of the disease(s) in question for the respective families or communities. NOTE: I'm not trying to encourage wholesale refusal to vaccinate, but only noting that well-founded refusals in limited numbers of cases do not automatically put families or communities in danger. Shabbat shalom, hodesh tov, and hag sameah-- Rise Goldstein (<rbgoldstein@...>) Los Angeles, CA ---------------------------------------------------------------------- From: <CARLSINGER@...> (Carl Singer) Date: Fri, 30 May 2003 07:37:19 EDT Subject: Mitzvah for Mikey I wanted to call your attention to the following website -- it's a unique use of technology for a davar Kodesh http://www.mitzvahformikey.org Mitzvah for Mikey is a (worldwide) campaign to do mitzvahs on behalf of a remarkable, but very ill, young man. Carl Singer ---------------------------------------------------------------------- From: <Joelirich@...> (Joel Rich) Date: Fri, 30 May 2003 08:22:17 EDT Subject: Re: Mitzvot of the Tzibur I know this may sound pedantic, but all Mitzvot are performed by individual Jews May be a question of terminology but certain mitvot are on the tzibbur(eg karban tamid or according to R' Soloveitchik the tfiilaat hatzibbur -repetition of shmoneh esrai) KT Joel Rich ---------------------------------------------------------------------- From: <CARLSINGER@...> (Carl Singer) Date: Fri, 30 May 2003 06:59:23 EDT Subject: Re: Modern Orthodoxy Definition (Chumras) > >This is a bit closer to home -- in a pluralistic Orthodox community*-- > >now that we have categorized chumras and given them a life of their own > >-- how does the community institutionally and individually deal with the > >various mainstream orthodox institutions and individuals within it. ... > > Easier said than done of course, but one should attempt to be an > exemplar of the benefits of adhering proudly to his shitah [school of > thought] and as to how such enhances Torah, Avodah [worship] and middot > tovot [good character traits]. Confrontation is rarely of value. > Eliyahu A problem is that beyond being exemplary (serving as a model) some folks become advocates or missionaries -- my way is the right way, or my way is the ONLY way. This common phenomena cleaves communities and does not enhance .... Carl Singer ---------------------------------------------------------------------- From: I Kasdan <Ikasdan@...> Date: Fri, 30 May 2003 09:07:35 -0400 Subject: Re: Rosenblum article -- question re Choosing Jewish Leaders See More Clique Than Court by Jonathan Rosenblum Jerusalem Post May 30, 2003 at http://www.jewishmediaresources.org/article/587/ in which Mr. Rosenblum criticizes the process by which Israeli Supreme court justices are chosen essentially by the sitting judges themselves. For example, he writes: "Precisely because the Court is so political does it become imperative that the elected branches have a much larger say than at present in the selection of justices. Otherwise we shall all be subject to a Court of Platonic Guardians that believes itself entrusted to determine the basic values of the entire society." and -- "The current judicial selection process has resulted in a Court that resembles, in Professor Ruth Gavison's words, "a closed sect - a sect that is too uniform and which effectively perpetuates itself." Leaving aside the obvious (l'havdil) difference in the type of individuals involved and the Halachic/Torah principles that they would apply, and focusing on the *process* alone, are not the Moetzes, the leadership of the RCA and local Batei Din or Vaadim, chosen in the same way that Mr. Rosenblum decries about the Israeli system -- i.e., from within and without public input? Indeed, (and I do not have the source in front of me this moment), does not the Rambam explain that shoftim are chosen in the similar self-perpetuating fashion (i.e., by Sanhedrin)? But see the Abarbenal in Parshas Shoftim wherein (I believe -- again I do not have the source in frront of me for the moment -- ) he says that Moshe choosing the juduciary in the Midbar was a "horaas shaah" not for future generations where the *people* have the responsibility of appointing judges. I raise this in the context of preparing a shiur on how Jewish leaders are chosen -- see, e.g., Brachos 55 -- "ain maamidin parnes al hatzibur ela im kein nimlachin batzibur" [-- we do not appoint a "parnas" = according to many, judges and/or leaders -- without public consultation] -- to what extent is this still true today with respect, again e.g., to the Moetzes, the RCA, a local Vaad etc.? ---------------------------------------------------------------------- From: Mark Steiner <marksa@...> Date: Fri, 30 May 2003 15:08:16 +0200 Subject: Re: Sefirat HaOmer A few years ago, a man approached me at the evening prayer, and asked me to say the blessing for sefirat ha-omer for him. I did so, of course, and he answered "amen" and counted the omer. The next evening he did the same thing, and then asked me, "Do you know why I'm asking you?" Of course, I thought to myself: probably he forgot to count one night* and is in doubt whether he can say the blessing for himself. Nevertheless, I asked him: why? He answered me, because I went around the world and crossed the International Date Line and I'm in doubt what night I should count. I thought to myself, how great Chazal were, when they said (Avot): give every man the benefit of the doubt! Mark Steiner *If a person is in doubt whether he is allowed to make a berakha, it needs a certain argument to allow him to hear it from another, it seems. There is a group of rishonim (e.g. R. Tam) who hold that by hearing it from another, it is exactly as though one said it himself, in which case you don't gain anything by hearing it from another. Perhaps, however, because there is a dispute about this matter (Rashi holds differently), and because there is ALSO a doubt whether if a person missed one night of sefira he is allowed to say the berakha, the entire issue is a sfek-sfeka (double doubt) allowing him to listen to the blessing from another. Just a little pilpul, something to think about, not to be relied upon without asking a Rav. ---------------------------------------------------------------------- From: Ben Katz <bkatz@...> Date: Thu, 29 May 2003 13:53:52 -0500 Subject: Re: Segulas and Superstitions >From: Andy Goldfinger <Andy.Goldfinger@...> > ... >Now -- it is certainly true that we must treat genuine segulas properly, >and this means both that we should treat them seriously and not blow >them out of proportion. > ... >But here is what bothers me. I suspect that some local superstitions >have somehow crept in among the Torah She B'Al Peh. And -- it is ossur >(forbidden) for us to follow superstitions. How are we to distinguish >one from the other? The answer is called common sense. Whatever is superstitious (as are all the items listed above) is asur according to the Rambam. The Rambam doesn't quote many things in the Talmud he didn't believe in (astrology for example). As to how to define superstitious - how about anything without a direct cause-effect relationship? In the example cited above, washing dishes will probably make your wife happy in a direct manner (saving her a chore) and lead to shalom bayit; folding your tallit is not likely to do so in any direct manner. (Tefillah is different because we are either asking God to intervene or at least focusing our attention on what is important in life so that we can optimize our own situations.) ---------------------------------------------------------------------- From: <BACKON@...> (Josh Backon) Date: Fri, 30 May 2003 16:24 +0200 Subject: Re: A Serious but Halachic Approach to the Orthodoxy Problem What the Chazon Ish (Yoreh Deah 2 s"k 16) wrote was that the din of Mumarim and Apikorsim with regard to "moridim velo ma'alin" doesn't apply today. [PEYRUSH RASHI: if you see someone who violates every rule in the book, you can't throw him down a shaft and take away the ladder]. Since the Chazon Ish gives the reason as being "ein ha'hashgacha geluya", this somehow got conflated to "everyone who is today not religious is a "Tinok Shenishba" which, of course, is nonsense as it goes against the definition given by the Rema (someone who has absolutely no idea or knowledge about Judaism). Josh ---------------------------------------------------------------------- From: Yisrael Medad <ybmedad@...> Date: Fri, 30 May 2003 14:32:44 +0200 Subject: Standing for L'cha Dodi Further to the issue raised by Ira Jacobson, the custom to stand, I may presume, comes from the behavior of the AriZal. According to the collection Minhagei Eretz-Yisrael by Rav Yaakov Gellis (with whom I was privileged to work when I was employed by the Torah Cultural Department of the Jerusalem Municipality during 1971), p. 100-101, the AriZal would receive the Shabbat in the field, obviously standing, and then once more, a second time, at home, when he would circle his dining table (see Sha'ar HaKavvanot [Salonica] 97b) also standing. He further quotes the Shemen Sasson that the Jerusalem custom was to encircle the bimah. I sit. Yisrael Medad ----------------------------------------------------------------------
End of Volume 39 Issue 58