Volume 26 Number 78
                      Produced: Fri Jul  4  9:32:34 1997

Subjects Discussed In This Issue: 

Accurate Tiqqunim vs Knowledgable Baalei Kriah
         [Akiva Miller]
Bicycle on Shabbat (2)
         [Carl Singer, Janice Gelb]
Income for Maaser
         [Ranon and/or Yocheved Barenholtz]
Kaddish by a Minor (was Bar Mitzva at Age 12)
         [Carl Sherer]
Kosher Fish
         [Andrea Penkower Rosen]
         [Carl Singer]
Maaser Question
         [Andy Goldfinger]
         [Rachel Shamah]
Pru Urvuu and Sheva Mitzvot Bnei Noach
         [Art Kamlet]
Shehechiyanu when Wearing a New Garment (2)
         [Ezriel Krumbein, Binyomin Segal]


From: Akiva Miller <kgmiller@...>
Date: Thu, 3 Jul 1997 09:59:17 -0500
Subject: Accurate Tiqqunim vs Knowledgable Baalei Kriah

In MJ 26:76, Alan Cooper pointed out that

<<< the tiqqun is not intended for use by beginners, but by people who
already possess knowledge of hebrew grammar and cantillation practices.
... ...  those who do not know the customary cantillation practices,
variant tropes, rules of accentuation, schwa, qamets qatan, etc., should
not expect to learn these things from a tiqqun--indeed, one hopes that
those people are not actually reading tora in synagogue with such
deficient knowledge.  it is best to learn about such matters from a
competent teacher ... ... with all respect, it is not more tiqqunim that
we need, imo, but more people undertaking the serious study of
cantillation and masora. >>>

In addition to the seforim which he mentioned, I'd like to inform the MJ
readership of another source of information on these topics, namely, the
mailing list "HEBLANG".

HebLang is a list similar to Mail Jewish, but its official description
is "Discussion of Hebrew Grammar and Etymology". Typical discussions
include why a specific word does or does not have a dagesh in a certain
letter, or what the rules are for distinguishing a shva na from a shva
nach. The members are a diverse group including both devout baalei kriah
(including several frequent MJ contributors) and secular linguists as
well. (Personally, I enjoy its ability to be a place where the content
is unarguably Jewish, yet it provides a level playing field for all
interested parties without regard to their religious beliefs, and never
becomes mired in the Ortho/Cons/Ref wars so prevalent elsewhere.)

To subscribe to HebLang, send an email to <listserv@...> where the
text is
     subscribe heblang Akiva Miller
except that you should use *your* name, not mine.


From: Carl Singer <CARLSINGER@...>
Date: Wed, 2 Jul 97 20:25:31 UT
Subject: Bicycle on Shabbat

My mind is at times as rusty as some bicycles -- as I recall the problems 
discussed (presuming an eruv takes away the issue of carrying) -- revolve 
around (a) the temptation to do work (in the halachic sense) in repairing a 
broken bicycle, (b) the tzar you might feel if your bicycle should break or be 
stolen, (c) what you might do with your bicycle if it broke -- it being 
something of value, you wouldn't likely abandon it, (d) making ruts, etc., 
while riding over ground or dragging its broken remains home with you.  I 
don't recall if Mukseh is at issue.

Carl Singer

From: <janiceg@...> (Janice Gelb)
Date: Wed, 2 Jul 1997 11:32:00 -0700
Subject: Bicycle on Shabbat

>Please could someone give me a convincing argument why riding a bicycle 
>is not permitted on Shabbat. Whilst I am pretty sure that it ought to be 
>forbidden and I accept that it is, I have a hard time explaining why. 

I didn't respond to this at first because I was hoping someone with
sources would beat me to this point, but unfortunately so far no one
has so I have to resort to the lame "I heard somewhere..."

Once I heard that you can't ride a bicycle on Shabbat because there is
a chance the tires would make a track in the road.

Now maybe someone can find a source :->

If anyone owns the book "Tomeikh KaHalacha: Volume 2" edited by Rabbi
Wayne R. Allen, please look this up: a search on the Web produced a
page of the table of contents of this book, which evidently contains a
responsa on this very question.

-- Janice


From: <babybarons@...> (Ranon and/or Yocheved Barenholtz)
Date: Thu, 3 Jul 1997 08:31:43 -0400
Subject: Income for Maaser

> then do you give 10% of your pre-tax income, or after-tax income
> (under the theory that if the government takes it from you as a tax,
> then it isn't really your income)?
 In Igros Moshe Yoreh Deah 1:143 he says you can deduct income tax before
calculating your income for Maaser purposes.

[Similar reply received from <empreil@...> (Elozor Preil) - Mod]


From: Carl Sherer <sherer@...>
Date: Sun, 8 Jun 1997 23:40:23 +0200
Subject: Kaddish by a Minor (was Bar Mitzva at Age 12)

In Volume 26, Number 24, Rafi Stern wrote:
> Recently in our community here in Bet Shemesh, a boy whose father was
> terminally ill with cancer had his Bar Mitzva a year early in order that
> his father might be there. Unfortunately, his father died a couple of
> months later and the boy (who is the deceased's only male child) now
> says Kaddish for him although he has still not reached age 13.

I just wanted to correct one misimpression that might come out of this
post.  When a young child loses a parent R"L, the child says Kadish
regardless of his age.  This is the example of saying Kadish which is
given in the Gemara.

May Hashem comfort this child's family among all the mourners for Zion
and Yerushalayim, and may they know of no more sorrow.

-- Carl Sherer
Thank you for davening for our son, Baruch Yosef ben Adina Batya. Please
keep him in mind for a healthy, long life.


From: Andrea Penkower Rosen <apr@...>
Date: Tue, 1 Jul 1997 07:52:15 -0400 (EDT)
Subject: Kosher Fish

Does anyone know the kashruth status of flying fish?  mahi mahi?

I once saw a great listing of all kosher fish but I cannot remember where.
Is there such a listing on the web?  in printed form?

Andrea Penkower Rosen


From: Carl Singer <CARLSINGER@...>
Date: Tue, 1 Jul 97 20:20:43 UT
Subject: Maaser

Does anyone have a reasonable summary (not source) of current acceptable 
"accounting principles" re: maaser (as opposed to Charitable Income Tax 
Deductions -- these are 2 separate things.)

Categories of special interesting include:
     Day school tuition
     Yeshiva tuition
     Yeshiva room & board  (or differential vice home stay costs)
     Costs of inviting (feeding) strangers in our home ....
     Donations of (used) merchandise or clothing to Gemach

Carl Singer


From: Andy Goldfinger <andy_goldfinger@...>
Date: 2 Jul 1997 08:39:49 -0400
Subject: Maaser Question

Here is the situation:

    Reuven is being supported by Shimon, who give him $X per month.
Reuven has fixed expenses of $Y per month, such as rent, which he pays
immediately upon receiving the $X from Shimon.  Does Reuven calculate
his Maaser as 10% of $X, which he receives from Shimon, or as 10% of
$(X-Y) which is his income minus his fixed expenses?

    I would have thought it obvious that his income is $X, but I
recently heard of a Rav who told a person in this situation that he only
owed maaser on $(X-Y).  The reasoning sees to be "Shimon is directly
paying Reuven's expenses, except that the money temporarily goes through
Reuven's hands."  Has anyone else heard a psak on this situation?


From: <Mywhey@...> (Rachel Shamah)
Date: Tue, 3 Jun 1997 11:58:19 -0400 (EDT)
Subject: Mikveh

<stvhoof@...> in MJ V26#67 said:
>..mikve is always closed on Friday nights and Yom Tov nights....

In my Rabbis opinion, the Rabbi that Vanderhoof quotes who completly
closes the mikveh on Friday and Holiday nights (and afternoons) is
manifesting a misguided approach to halacha.  In our times the standard
11 or 12 day seperation and sometimes necessarily longer is more than
many couples can endure.  Every extra day and sometimes 3 extra days can
lead to major transgressions and sometimes cause irreparable harm to a
couple's halakhic commitment.

First and foremost the rabinate have an obligation not to turn off or
greatly inconvience those who want to fulfill halakha properly when this
Rabbi controls the means to allow them to do so.  If there is concern
about some women driving home on Shabat, all the more reason for the
mikveh to open before sunset with certain guidelines, allowing the women
to arrive home before Shabat. For the conscientious the downside in the
case of a women immersing before sunset on the 7th clean day is nil as
previously explained (in our guidelines).  For the less conscientious it
is relativly minor compared with the enormous downside with the policy
of just closing those nights (and afternoons).

all the best,                                Rachel Shamah      


From: Art Kamlet <kamlet@...>
Date: Wed, 2 Jul 1997 19:31:29 -0400 (EDT)
Subject: Re: Pru Urvuu and Sheva Mitzvot Bnei Noach

<tzywoolf@...> (Zemira Wolf) writes,
>Is pru urvu one of the sheva mitzvot bnei Noach? If not, are bnei Noach
>chayav in this mitzvah?

See Sanhederin 59b.

My understanding of this explanation is not intuitive to me, but maybe
someone else will see it right away.  The rule set forth is that all
commandments given to Bnai Noach before Sinai, and not repeated at
Sinai, are for Bnai Yisrael only and not for Bnai Noach.

So the 7 Noachide commandments were all repeated in some form at Sinai
and belong to all peoples.  Other commandments such as tfillin which
were not given to Bnai Noach but were given at Sinai are only for Bnai

I admit to having a hard time understanding this since I cannot think of
any other commandment, other than pru urvu (Be fruitful and multiply)
that was given to all peoples (Bnai Noach) but not repeated at Sinai.
Does anyone know of another?  If not, it would appear that the rule set
forth in the Talmud, set as a general rule (if given to Bnai Noach but
not repeated at Sinai applies only to Bnai Yisrael) is for pru urvu

By the way, the command to Be Frutiful and Multiply is given five times.

It is first given as a blessing to the fish and fowls, and the given
later, Rashi says also as a blessing, to humans.

(It was not given to the animals.  Rashi explains that animals deserved
this blessing, but because of what God was about to do to the serpent,
he withheld this blessing.  After all, how wouldit be if God were to
bless the animals and then punish the serpent forever?)

The 3rd and 4th times Be Fruitful is said is to Noah -- Rashi says once
as a blessing and the other time as a command, and the 5th time it is
given to Jacob as a commandment.

(There are only two commandments which were given in Genesis and not
repeated at Sinai - Be Fruitful, and to not eat the Sciatic Nerve (or
long vein) -- the reason for not eating Sirloin Steak unless the
vein/nerve is removed).

In my listing of Rambam's 613 commandments Pru Urvu is positive
commandment 212.

Art Kamlet   Columbus, Ohio    <kamlet@...>  


From: Ezriel Krumbein <ezsurf@...>
Date: Thu, 03 Jul 1997 17:38:22 -0700
Subject: Re: Shehechiyanu when Wearing a New Garment

> From: <millerr@...> (Reuven Miller)
> Could anyone suggest an _Ashkanasi_ source for the wide spread custom of
> making a shehechiyanu when wearing a new garment and not when buying it
> (which is the requirement of the Gemara and brought down by the Shulchan
> Aruch as well as by the Mishna Brura and the Aruch HaShulchan.
> The Ben-ish Chai and the Kaf Hachaim (Sefaradi poskim) do state that
> todays custom is to make b'racha at time of wearing the garment but I need
> a source for Ashkanasim.

The Mishna Brura states, if the garment cannot be worn when bought but
requires fixing by a tailor, one should make the bracha when the garment
is worn for the first time.  I would suggest that, since suits usually
require shatness checking and they are the most common instance of
making a shechiyanu on clothes today; this could be a justification for
not making a shgechiyanu when purchasing a garment.  The real reason I
believe is the same that relates to other instances of shechiyanu, such
as suca and new fruits.  Originally the bracha was made when the suca
was built or the new fruit was seen.  But, since the excitement is no
longer the same for us, we make the bracha when we more personally
experience the item.  I am not sure which is more exciting today
purchasing something or using it.

From: <bsegal@...> (Binyomin Segal)
Date: Thu, 3 Jul 1997 23:00:00 -0500
Subject: re: Shehechiyanu when Wearing a New Garment

Reuven Miller asks:
*Could anyone suggest an _Ashkanasi_ source for the wide spread custom of
*making a shehechiyanu when wearing a new garment and not when buying it
*(which is the requirement of the Gemara and brought down by the Shulchan
*Aruch as well as by the Mishna Brura and the Aruch HaShulchan.
*The Ben-ish Chai and the Kaf Hachaim (Sefaradi poskim) do state that
*todays custom is to make b'racha at time of wearing the garment but I need
*a source for Ashkanasim.

The mishna brurah in 551:45 distinguishes between 2 types of clothes.

Clothes that were ready to wear when purchased - in which case the bracha
is made at the time of purchase.

Clothes that needed tailoring at the time of purchase - in which case the
bracho is made at the first wearing.

He seems to be quoting a magen avroham.

hope this helps


End of Volume 26 Issue 78