Volume 43 Number 20 Produced: Wed Jun 23 22:44:21 US/Eastern 2004 Subjects Discussed In This Issue: Another Birkat Kohanim question [Ira L. Jacobson] Appropriating other Religions' Ritual Objects [Tzvi Stein] Chiyuvim -- One vote or 3 ? [Ira L. Jacobson] Deliberately Invalid Marriages (2) [Bill Bernstein, Daniel Cohn] Deliberately invalid marriages [Ira L. Jacobson] formally known as Madonna [Tzvi Stein] Found Tefillin that was stolen [Rephael] The Lack of Symmetry in the Jewish Modesty Laws [Janice Gelb] Malka Esther [<FriedmanJ@...>] Mikva Night/Posting Without Sources [Anonymous] Sefer of Rabbi Lipa from Khmyelnik? [Paul Ginsburg] URL for Rav Bazak's Rejoinder to Rav Meidan's Reaction to his [David Eisen] ---------------------------------------------------------------------- From: Ira L. Jacobson <laser@...> Date: Mon, 21 Jun 2004 18:08:39 +0300 Subject: Re: Another Birkat Kohanim question Shmuel Himelstein <himels@...> stated the following: >One weekday morning, the Chazan was a member of the Eidot Mizrach and a >Kohen. > >While reciting Modim aloud in the Chazarat Hashatz, he walked over from >the Bimah in the center to the front of the Aron, and joined me for the >Birkat Kohanim. This seems to be the way the Mishna Berura says you should do it, but I've certainly never seen any Ashkenazi sheliah tzibbur kohen leave his place. IRA L. JACOBSON mailto:<laser@...> ---------------------------------------------------------------------- From: Tzvi Stein <Tzvi.Stein@...> Date: Tue, 22 Jun 2004 07:48:45 -0400 Subject: Re: Appropriating other Religions' Ritual Objects Where we live, it is quite common to find all-white infant outfits that are marketed as "first communion" outfits. Many Jewish parents dress their infant in this for their bris. Anything wrong with that? Also I heard of case where someone was in a remote place and the only candles they could find were ones built into a Santa figure (although they were able to separate the candle from the Santa). What about that? Also, I've heard the custom of the rabbi giving a drasha on Shabbos is appropriated from the church custom of giving a sermon. ---------------------------------------------------------------------- From: Ira L. Jacobson <laser@...> Date: Mon, 21 Jun 2004 19:13:55 +0300 Subject: Re: Chiyuvim -- One vote or 3 ? Rabbi Teitz stated the following on Sun, 20 Jun 2004 09:10:14 -0400 As for the second question, shiva is first and an avel is last. For shloshim and yahrzeit, it would seem that the yahrzeit takes precedence over the shloshim. (What he writes is that the yahrzeit gets one kaddish, and the shloshim all the others; but when there are as many yahrzeits as kaddeishim, the shloshim loses out completely. Extending this to serving as the shaliach tzibbur, where there can only be one, it would thus seem to follow that the yahrzeit gets it.) On this question, Gesher Hahayyim 30:10:2 (if I understood correctly) states that the sheloshim man has MORE qaddishim than the yahrzeit man. Regarding davening fahren `amud, the sheloshim man davens until after the repetition of the Shemoneh `Esre, and the yahrzeit man davens Ashrei and Uva leZion. They split the qaddishim of `Alenu and Ein kElokeinu, The last Barekhu is said by the yahrzeit man (since the sheloshim man already said the first Barekhu). If neither had davened fahren `amud, they split the qaddishim of `Alenu and Ein kElokeinu; the yahrzeit man says the second Barekhu. They divide the other qaddishim in the ratio of two parts to the yahrzeit man to one part for the sheloshim man. This does not take into account synagogues in hutz la'aretz that have only one Barekhu and no Ein kElokeinu. IRA L. JACOBSON mailto:<laser@...> ---------------------------------------------------------------------- From: <billbernstein@...> (Bill Bernstein) Date: Mon, 21 Jun 2004 08:28:56 -0500 Subject: Re: Deliberately Invalid Marriages This thread has obviously touched a nerve, given the volume and quality of responses to it. I had the opportunity to ask a well-known rav who is expert in these matters about this issue. First, he had never heard of such a thing. Second, he located the problem in Choshen Mishpat and not in Even HoEzer. He said that if the rabbi is hired as mesader kiddushin (the same would hold for witnesses I suppose) and fails to do his job then it is an issue of misleading those who hired him. His statement was to the effect that integrity is the most important thing. I do not understand those posters who have written that any marriage can be invalidated retroactively. Either the kiddushin was good and kosher or it wasn't. If it was good then it requires a get to separate that bond. I know one couple whose mesader kiddushin was the Satmar rebbe zt'l, a self-described "lechatchila Yid". It is inconceivable to me that someone could come along and "invalidate" such a kiddushin. Finally, I am still wondering what it is that the mesader kiddushin could do to make the kiddushin invalid. I wonder about what is really going on. KT Bill Bernstein Nashville TN. ---------------------------------------------------------------------- From: Daniel Cohn <daniel.cohn@...> Date: Mon, 21 Jun 2004 15:40:59 -0400 Subject: RE: Deliberately Invalid Marriages >>>From what I've been told, this was once not uncommon in America. >Gil Student Outside Israel, wouldn't this involve an element of fraud? If someone is contracting the services of an Orthodox Rabbi for the purposes of performing an halachically valid wedding (as opposed to Israel where it might be argued that most non observant Jews do it just to comply with the law), isn't the Rabbi supposed to make sure all the halachical requirements -such as kosher witnesses - are complied with? Daniel Cohn ---------------------------------------------------------------------- From: Ira L. Jacobson <laser@...> Date: Mon, 21 Jun 2004 18:32:55 +0300 Subject: Re: Deliberately invalid marriages Avinoam Bitton <avib@...> stated: I can verify this from personal experience. I was one of two observant edim at the wedding of a non-frum friend, some 25 years ago in NY. My Rav advised that I deliberately avoid viewing the critical moments under the huppa, which I did. (I'm quite sure that there were no other frum Jews among the celebrants.) This seems likh'ora to be shocking. A witness who intentionally does not perform the function of a witness. Has anyone a source for the permissibility or prohibition regarding doing this sort of thing? Especially since, in many weddings the groom says to the witnesses "atem, veraq atem, eidai." (You, and only you, are my witnesses.) To accept the job with the intention of not performing it!? Doesn't it almost sound like a surgeon intentionally being negligent at an operation that he is performing? IRA L. JACOBSON mailto:<laser@...> ---------------------------------------------------------------------- From: Tzvi Stein <Tzvi.Stein@...> Date: Tue, 22 Jun 2004 07:56:48 -0400 Subject: formally known as Madonna What's up with the artist formally known as Madonna (now "Esther")? What is she actually doing? Is it "good for the Jews"? ---------------------------------------------------------------------- From: Rephael <raphi@...> Date: Tue, 22 Jun 2004 04:42:17 -0700 (PDT) Subject: Re: Found Tefillin that was stolen BS"D You (and others with similar requests) might be willing to post this information on the website of Machon Peer. They have a special section for found tefillin at http://www.machonpeer.co.il. Click on: * Peer beasiyah * Besherut Hakehillah * Hashavat Aveidah Bivrachah, Rephael Cohen <raphi@...> ---------------------------------------------------------------------- From: Janice Gelb <j_gelb@...> Date: Mon, 21 Jun 2004 10:08:38 -0700 (PDT) Subject: Re: The Lack of Symmetry in the Jewish Modesty Laws Russell Hendel <rjhendel@...> wrote: [snip] > > Finally I should indicate a reason for this lack of symmetry. Quite > simply the lack of symmetry in the modesty laws reflects a corresponding > lack of symmetry in male-female physiology. Female responses are > basically involuntary--- the healthy women always responds to physical > advances in bed--but a mans responses are not involuntary. > > Hence, Biblical law requires the man to be responsible for the womens > sexual happiness but does not require the woman to be responsible for > the mans happiness. Again: The lack of symmetry in physiology gives rise > to a lack of symmetry in the law. I am very puzzled by the above statement. While women are indeed shaped so that they can accommodate sexual relations at any time, the statement that "the healthy woman always responds to physical advances in bed" leaves me almost speechless. Women are not always receptive to sexual advances, as the above statement seems to imply. Tiredness, anxiety, the lack of other positive interpersonal interaction with a spouse, can all lead to disinterest in, or active rejection of, the idea of physical relations. OTOH, the reaction by a man to sexual advances is usually much more predictable, and physically obvious, than the receptiveness of a woman. I sincerely hope that I have misunderstood what Mr Hendel is trying to say. -- Janice ---------------------------------------------------------------------- From: <FriedmanJ@...> Date: Tue, 22 Jun 2004 07:24:40 EDT Subject: Malka Esther madonna is no longer madonna. She is malka esther. What's next? I haven't been able to figure out if this is bad or good for the jews. ---------------------------------------------------------------------- From: Anonymous Date: Tue, 22 Jun 2004 10:51:58 Subject: Mikva Night/Posting Without Sources Yeyasher kochachech to Chana Luntz for her detailed discussion of the halachic issues. At least a dozen issues of mail-jewish have largely, and in effect needlessly, been focused on this topic without any reference to halachic sources. While that has provided many members of the mail-jewish community a public forum for their impressionistic speculation, it has done nothing to distill an understanding of what may and may not be permitted and why -- and anyone looking for the latter has had to waste time slogging through these emails in vain. Ms. Luntz's thorough coverage finally provides that distillation, and, having laid out the various positions on tevilah b'zmanah and non-disclosure of tevilah, makes clear that any final resolution of what one should or shouldn't do in the Friday night hypothetical ought to be resolved by one's LOR. The same holds true for many, many other topics of discussion recently. To echo the calls of others, perhaps all of us can refrain from posting what purport to be answers to questions without taking the time to cite a supporting source. I suspect that we'll all find ourselves both better informed and with more time on our hands as a result. ---------------------------------------------------------------------- From: Paul Ginsburg <GinsburgP@...> Date: Mon, 21 Jun 2004 12:31:46 -0400 Subject: Sefer of Rabbi Lipa from Khmyelnik? Does anyone know the name of the sefer of Rabbi Lipa from Khmyelnik? He is quoted in Degel Machaneh Ephraim (in parshas Vaera and Beshalach). Thank you in advance for your assistance. Paul W. Ginsburg Rockville, Maryland ---------------------------------------------------------------------- From: David Eisen <davide@...> Date: Tue, 22 Jun 2004 13:43:35 +0200 Subject: URL for Rav Bazak's Rejoinder to Rav Meidan's Reaction to his http://www.etzion.org.il/dk/5764/969mamar2.htm Something tells me that this will not be the word on this important and fundamental debate (READ: Milhamta Shel Torah). Kol tuv u'Bvirkat HaTorah, DE ----------------------------------------------------------------------
End of Volume 43 Issue 20