Volume 22 Number 48
                       Produced: Fri Dec 22  0:29:53 1995

Subjects Discussed In This Issue: 

A new Halachic work on the Festivals
         [Shmuel Himelstein]
Channuka Candles on a Plane
         [Edwin Frankel]
Customs of the Wife
         [Avi Feldblum]
Free Will vs. Divine Decree
         [Elozor Preil]
Kamenetsky eats turkey?
         [Mordecai Kamenetzky]
Menorah in Airport/ Women
         [Eli Turkel]
Smoking (2)
         [Josh Backon, Carl Sherer]
Yichud and Adopted Children
         [Michael J Broyde]


From: Shmuel Himelstein <himelstein@...>
Date: Fri, 22 Dec 1995 05:29:44 +0200 (IST)
Subject: A new Halachic work on the Festivals

Readers of the forum might find interesting a major new work in Hebrew
on the different festivals, entitled *Mo'adei Yisrael Bitekufat
Hamishnah Vehatalmud" ("The Jewish Festivals during the Mishnaic and
Talmudic era"). This work traces in detail the origins of many of the
most basic practices of the different festivals.

The author is Harav Professor Yosef Tabory (Tavori), the Rav of the
Dati-Leumi Shul in Har Nof, Jerusalem, and Professor of Talmud at
Bar-Ilan University. (He also happens to be my brother-in-law.)

The book was published by Magnes Press, the Hebrew University of

           Shmuel Himelstein


From: <frankele@...> (Edwin Frankel)
Date: Thu, 21 Dec 1995 16:38:53 -0100
Subject: Channuka Candles on a Plane

One writer asked about lighting channuka candles on a plane, when all of
the family is on the plane.  THis question can only be answered in the
context of the fundamental dispute between achronim as to whether the
obligation of channuka candles called in the Gemera "ner ish ubato"
means, "a candle per person per house" or "a candle per person per
household."  The Aruch HaShulchan (667) rules that only a "household" is
required and not a "house."

I understand the disputed opinions, but also knowing the gemara in
shabbat, I am puzzled.  If ner ish uveyto means to have a candle for
each member of the household, what is the difference in context between
the reysha and the next line, ner l'chol echad v'echad, a candle for
each one (in the household).

Input appreciated.

Ed Frankel


From: Avi Feldblum <feldblum@...>
Date: Thu, 21 Dec 1995 23:51:18 -0500
Subject: Re: Customs of the Wife

Mordecai Kamenetzky writes:
> The same for Gebroks! My father did like my mother who is a chasidisher
> rebbe's daughter.  I follow my wife who is a pure bred Litvak!

Interesting. My fathers story is almost the opposite. My father, who is
a pure bred Litvak, also married a chasidisher rebbe's daughter (if you
are familair with the Philadelphia scene, Mordecai, my grandfather was
Rav Yolles, whom Reb Shmuel knew well). The first year after they were
married, my father was invited to his in-laws for Pesach. He told my
grandmother, with a perfectly straight face, that he could not come
unless he had kneidlach for the Sedar. She had gotten to the point where
she was ready to have a "Gebroks" burner and pot etc, before my father
told her, he was joking.

Avi Feldblum


From: <EMPreil@...> (Elozor Preil)
Date: Thu, 21 Dec 1995 21:41:44 -0500
Subject: Re: Free Will vs. Divine Decree

I'm catching up on back issues.  
>Mordechai  Perlman writes
>-> 	Torah hashkafa tells us that when someone passes on, it was so 
>-> decreed on high, that his life should be x number of years and the time
>-> was up.  How about when someone is murdered?  Do we say that the above
>-> applies, or do we say that the murderer actually killed the person
>-> before his time was up? 

A. Brander replied:>
>This discussion is obviously related to understanding the notion of free
>choice vs. reward and punishment. In the Rishonim, I have found a number
>of sources that state clearly that one can not be murdered before one's
>time is up.

Many years ago, I discussed this question with Rav Yaakov Weinberg,
shlita, the Rosh Yeshiva in Baltimore (Ner Israel).  He said that both
sides are true.  The key to resolving the conflict is the understanding
that as soon as a person violates the will of G-d by one iota, midas
hadin (attribute of strict justice) demands that he has forfeited his
right to live, for we were created for the sole purpose of faithfully
serving our Creator every moment of our lives.  However, G-d employs the
midas harachamim (attribute of mercy) to be patient with us and give us
another chance.  Thus, a murderer has free choice to pull the trigger.
If his intended victim is completely innocent of any sin (for which he
deserves death), a miracle will save him.  Otherwise, the free will of
the criminal will prevail.

Elozor Preil


From: Mordecai Kamenetzky <ateres@...>
Date: Thu, 21 Dec 1995 00:37:04 -0500
Subject: Kamenetsky eats turkey?

>From: <Gevaryahu@...> (Gilad J. Gevaryahu)
>David Hollander (MJ22#25) says:
>>Regarding the turkey discussion, I've been told that Rav Yaacov Kaminecki 
>>never ate turkey and his family members follow that, and do not eat turkey 
>>anytime, Thanksgiving or all year.
>I spoke today (Dec. 3, 1995) to both Rabbi Shmuel Kamenetsky, the son of
>Rav Yaacov, and to Rabbi Sholom Kamenetsky (the grandson of Rav Yaacov)
>about this story. The facts are different from those quoted above.
>The wife of Rav Yaacov came from a family which had a tradition not to
>eat turkey. Rav Yaacov believed that the wife "calls the shots" in the
>kitchen, and therefore ate what she served him. Thus he did not eat
>turkey at home (I don't know if he ate it elsewhere). Rabbi Shmuel
>Kamenetsky, his son, who is now the Rosh Yeshivah of the Talmudical
>Yeshiva in Philadelphia, grew up with this tradition and does not eat
>turkey. However, he also believed that it was up to his wife to call the
>shots in the kitchen, and because it was her family's tradition, she
>served turkey at his home. Thus, all the children and his wife eat
>turkey, but he does not. There was never a tradition from the Kamenetsky
>side not to eat turkey.

I can second the opinion! From the Oldest son, rav Binyomin, I do the
same as Sholom with my children.

The same for Gebroks! My father did like my mother who is a chasidisher
rebbe's daughter.  I follow my wife who is a pure bred Litvak!

PS Gilad I enjoy your comments
Mordechai Kamenetzky
Yeshiva of South Shore


From: Eli Turkel <turkel@...>
Date: Thu, 21 Dec 1995 11:16:42 +0200
Subject: Menorah in Airport/ Women

     Gedaliah Friedenberg writes

>> The last time I flew to Eretz Yisroel during Chanukkah, Chabad had a large 
>> booth in the Kennedy Airport terminal with menorahs and candles.  Many
>> people lit the menorah before we left (the flight left after sundown).

   Can someone please explain the heter (permission) for lighting
candles with a blessing in an airport terminal. One is required to light
in one's "home". Thus, for example most poskim do not allow a blessing
to be recited if candles are lit at a party in a hall. If one visits
someone else for the evening one cannot light candles at the place one
is visiting. There is a disagreement between poskim whether one should
appoint someone else to light the chanuka candles at the proper time or
else to wait until one returns home. Since no one sleeps in the airport
terminal I don't see how it can qualify as a "home". If possible the
optimal solution is to have someone else light the chanukah candles in
one's home whem he/she is in the terminal.

    As an aside I recently saw a quote from Rav Soloveitchik that wives
should also light hanukah candles as the reason "ishto ka-gufo" (a man's
wife is like his own body) never appeared relevant to him. Does anyone
know of cases where this is actually done?

Eli Turkel


From: <BACKON@...> (Josh Backon)
Date: Wed,  20 Dec 95 9:31 +0200
Subject: Re: Smoking

ALCOHOL: the Torah says, Yayin yisamach levav enosh. It's the polyphenol
content in the grape skin (Biological and Phramacological Bulletin 1995;
18:1347) rather than the alcohol that inhibits lipid peroxidation of low
density lipoprotein cholesterol. The Torah looks askance on SHECHAR
which is an intoxicating beverage. Wine yes, whiskey no. I have yet to
see the posek who forbids getting drunk even though the damage done by
alcohol is virtually identical to the free radical damage done by

TOBACCO: I didn't what to mention it before but there is an inverse
relationship of smoking and: ulcerative colitis, Parkinson's disease and
menstrual tension. All I indicated (re: Charedim and smoking) was that
the free radical damage caused by the 3000 chemical compounds in
cigarette smoke can be counteracted by simple dietary and other means
(drinking tea, head-out-water-immersion in a hot Mikveh) and by the
protocol recommended by the head of outpatient cardiology at Hadassah: a
teaspoon/day of ginger (thromboxane synthetase inhibitor) and a
tablespoon a day of the yellow spice turmeric (potent lipoxygenase
inhibitor) in addition to the tea and Jacuzzi. You'll live to be 121 :-)

BTW: we have developed a low-level laser device that zaps free radicals
and that can be built for a few dollars. Why it works is not understood
even by the head of the dept of chemical physics at the university. This
simple device could be placed in the Batei Midrash in yeshivot where
chain smoking is rampant. In the immortal words of Reb Mordechai

Josh Backon

From: <adina@...> (Carl Sherer)
Date: Thu, 21 Dec 95 22:40:30 IST
Subject: Smoking

Robert Montgomery writes:

> Although I am not very knowledgeable with reference to halachic
> decisions regarding tobacco usage, I do have one question: at what point
> does a negative reaction outweigh the positive ones? With people writing
> in that several yeshivas have banned smoking in and around their
> premises, stressing other persons' reactions to smokers ("second hand
> smoking"), etc., what are some other enjoyable things that people do
> that should no longer be continued?  Drinking? Many pages could be
> written on the effects of alcoholism and its effects on peoples'
> families, along with drunk driving, heart, liver, and kidney disease?
> (actions similar to what is happening now regarding to smoking were
> taken during the 1910's in America.  This led to Prohibition in 1920's
> and early 30's.  As far as I know, alcohol is a natural product without
> many positive effects (similar to tobacco).

IMHO from a halachic standpoint there is a *huge* difference between
drinking and smoking.  One who is an abusive drinker hurts himself
through his drinking.  While he may act abusively and hurt those around
him, his drinking only *directly* affects himself.

A smoker is different because his habit genuinely annoys those around
him and affects them directly.  And with all of the information that has
come to light over the last several years showing a causal effect
between second hand smoke and a whole litany of heart and lung diseases,
I think it's safe to say that a smoker can be placed into the halachic
terms of a mazik (one who causes injury to another).  In that sense, he
strikes me as being no different than the man who opens up a tannery
downwind of his neighbor - he's not allowed to do it.  And once we're
clearly in the area of Nezikin (damages) the Halacha is pretty clear
that the answer is "you can't do it".

> The point I am trying to get to is where do the people who are against
> smoking _ultimately_ wish to go with this issue?  I would like to see
> the answer to this.

I'd like to see it banned in all public places and I'd like to see
smokers become pariahs who can't indulge in their habit around others.
Unfortunately, we here in Israel are a good twenty years behind the
United States in this area.

-- Carl Sherer (I'll admit my bias - I'm asthmatic)
	Adina and Carl Sherer
		You can reach us both at:


From: Michael J Broyde <relmb@...>
Date: Wed, 20 Dec 1995 21:07:23 -0500 (EST)
Subject: Yichud and Adopted Children

A number of readers wrote in requesting sources for my various
assertions regarding the rules of yichud and kissing for adopted
children.  First of all, I deeply appologize for writing un-sourced the
first time; I was knee deep in grading exams and on the road at the
	For the possition of the Tzitz Eliezer that yichud with adopted
children is permitted; see Tzitz Eliezer volume 6, siman 41, subchapter
21, and volume 7, siman 44 and 45.  The concerence of Rabbi Soloveitchik
to this rule can be found in an article by Rav Melech Schachter on
issues related to adoption in volume 4 of the Journal of Halacha and
Contemporary Society.  This was commonly asserted to be the Rav's
approach, and is widely known to be true.  I have heard that Rav David
Cohen agrees with this approach too.
	The approach of the Lubovitcher Rebbe, and others who rule
yichud to be prohibited can be found recorded in the appendix to volume
2 of the otzar haposkim on even haezer.
	The approach of Rav Moshe Feinstein, which stretches certain
sevarot and relies on a very generalized ba'ala ba'ir or bal ba'ir, but
affirms that yichud is prohibited is found in Iggrot Moshe EH 4:64:2,
and confirmed in application by his *ikar talmid* Rav Gedaliah Felder in
Nachlat Tzvi 1:pages 145-151.  (To understand Rav Moshe and Rav Felder's
possition one must understand that neither of these poskim would permit
the form of yichud that they permit with an adopted child in the case of
a stranger.)
	Rav Moshe implies in this teshuva that parental kissing and
hugging is clearly mutar.

Michael Broyde


End of Volume 22 Issue 48