Volume 26 Number 79
                      Produced: Tue Jul  8  0:31:51 1997


Subjects Discussed In This Issue: 

Bicycle Riding on Shabbat
         [Steven M Oppenheimer]
Bicycle riding on Shabbat
         [Fred Dweck]
Bicycles, Kosher Fish
         [Michael and Abby Pitkowsky]
Bycycles on Shabbat
         [Rafi Stern]
Chesapeake Rockfish
         [<smitnick@...>]
Kashrut of Mahi-Mahi fish
         [K.H. Ryesky]
Kosher Fish (3)
         [Michael &Michelle Hoffman, Michael & Bonnie Rogovin, Michael
J. Savitz]
P'ru U'rvu for B'nai Noach
         [Gershon Klavan]


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From: <oppy2@...> (Steven M Oppenheimer)
Date: Fri, 4 Jul 1997 12:54:35 -0400
Subject: Bicycle Riding on Shabbat

BS"D

Several people asked regarding the permissiblity of riding a bicycle on
Shabbat.  Shmirat Shabbat K'Hilchata (16:17) writes as follows: One may
allow a child to ride a tricycle or scooter with solid tires or to
roller skate in the house or where there is an eiruv chazeiroth outside.
The bell of the tricycle should be removed before Shabbat; a tire which
comes off may not be replaced on Shabbat or Yom Tov (the tricycle would
then become muktzeh); in a place where the custom is to prohibit the use
of a tricycle, scooter or roller skates on Shabbat or Yom Tov, one
should not permit it.

It is forbidden to ride a bicycle, even if it is designed for use by
children.

For additional sources, see K'tzot HaShulchan Chap. 110;  Menucha Nechona
Chap. 38;  Responsa Rav Pe'alim Vol. 1, chap. 25;  Kaf HaChayim chap.407,
paragraph 8;  Responsa Yaskil Avdi Vol. 3, O.Ch. Chap. 12, paragraph 5; 
Responsa Tzitz Eliezer Vol. 7, chap. 30, paragraph 1.

I hope this clears up any confusion as to the inappropriateness of
bicycle riding on Shabbat.

May we merit through our Shabbat observance, Harbaztat Torah
(dissemination of Torah) and Ahavat Yisrael (love for our fellow Jews),
Yom She'Ku'lo Shabbat (the eternal Shabbat in the World To Come).

Shabbat Shalom!
Steven Oppenheimer, D.D.S.

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From: Fred Dweck <Fredd@...>
Date: Fri, 4 Jul 1997 12:23:16 -0700
Subject: Bicycle riding on Shabbat

I guess it's about time someone wrote in and clarified the issue of bicycle
riding on Shabbat.

As Michael and Abby Pitkowsky wrote, (M-J 26:75) <<<R. Yosef Hayyim from
Baghdad permits riding a bicycle on Shabbat for anyone when there is an
eruv and when there isn't, he says when someone is needed by the public,
e.g. to be a shaliah tzibbur, to hear kaddish, or to read torah, it is
permitted even without an eruv (Rav Pealim, vol. 1 Orah Hayyim,
no. 25).>>>

One should look at the response there, because there are many issues
which he deals with, and many conditions. An example is that when there
is no eruv, a person must ride his bike out from private to public
property and visa versa, and not walk it. Also a person may not carry
anything in his pockets, etc.

There are erroneous statements to the effect that R. Yosef Hayim
recanted in his later years. R. Ovadiah Yosef proves that this was not
so.

Michael and Abby Pitkowsky wrote further wrote, <<<R. Ovadiah Yosef
(Yahveh Daat, vol. 2 no. 42) says that one should be stringent and not
ride a bicycle although he agrees with many of R. Hayyim's points as to
why it should be permitted.  As to the possibility of fixing (shema
yitaken), R.  Yosef says that many other things could be forbidden if it
is possible for them to break such as sitting on chairs yet we don't
forbid something when there is a slight chance of breakage.  In addition
R. Ovadiah Yosef [as well as R. Yosef Hayyim] says that we should not
make enactments (gezerot) which are not in the Talmud.>>>

R. Yosef Hayim, in his response states a very accepted rule: "From the
close of the Talmud we may not make decrees from our own minds."
Therefore, the concept that one might fix a broken chain, flat tire,
etc., is invalid, and NO ONE has the right to make that kind of
"gezerah" (decree).

The definitive response to all of the problems cited by the various
Rabbis can be found in a book called "Liviat Chein" by: R. Ovadiah
Yosef, in "siman 337" beginning on the bottom of page 181. There
R. Ovadiah Yosef dispels each and every objection, one by one, that any
Rabbi had voiced, and shows that according to Halacha, there is NO issur
in riding a bike on Shabbat. He finishes by dealing with the intangible
question of "ovadim de-chol" (things which are considered weekday
work). He says: "I do not know which "ovadim de-chol" apply in this
case, and we may not make decrees from our minds."

However, he concludes: "In any case, for halacha, since there are so
many "aharonim" who wrote to be "mahmir" on this subject, surely it is
proper to teach the people to be "mahmir" (more strict)."

I, personally, asked him how it was possible, that after he dispelled
every objection to riding a bike on Shabbat according to halacha, that
he then concluded as above? His answer to me was: "If I had written to
allow bicycle riding on Shabbat, 'they' would have hung me."

We can see his fears being realized when he, correctly, wrote (in
"Yabiah Omer" vol. 8) to permit all gelatin. The Haredi community took
out full page newspaper ads, in Israel, accusing R. Ovadiah Yosef (the
"Gadol Hador") of feeding the Jewish people "nevelot utrefot"
(unkosher). Hashem yatsilenu (may Hashem save us)!

Bottom line: We can see from his conclusion that he does not prohibit
riding a bike on Shabbat, but uses the language: "it is proper to teach
the people to be "mahmir" (more strict)." And that was, only because he
was concerned about what "they" would say about him.

Therefore, according to Halacha, and based on the understanding, that
the Rabbis of today have no right to make new decrees, there is no issur
in riding a bicycle on Shabbat, especially when there is a kosher eruv,
or anytime on holidays, when carrying is permitted. Of course, if one
does choose to ride a bike on Shabbat or Holiday, he should do so with
the clear understanding that he may not fix anything which might break.

Just as an aside. I have been riding my 21 speed bike often, for over a
year now, and I have never had the chain fall off, or a flat tire.
Therefore, I must conclude that a bike doesn't breaks down as often as
the prohibiting Rabbis would have us believe. In fact, with today's new
bikes, it would be quite rare. At any rate, as stated above, even if it
were common for a bike to break, we have no right to issue new decrees
from our own minds.

"Hashem yair eneynu betorato" (may Hashem light our eyes in His torah)!
Fred E. (Yeshuah Ezra) Dweck

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From: Michael and Abby Pitkowsky <pitab@...>
Date: Sun,  6 Jul 97 09:19:17 PDT
Subject: Bicycles, Kosher Fish

>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.

The responsa is written by R. David Novak.  He basically summarizes the
opinion of R. Eliezar Waldenberg (Tziz Eliezer, vol. 7. no. 30) that
riding a bicycle is prohibited because of muktzeh, uvdin dehol (not
being appropriate for shabbat), the fear of going out of the tehum which
is 2000 cubits, and shema yetaken (perhaps one will fix it if it
breaks).  Regarding the problem of the tire making a groove, R. Ovadiah
Yosef(Yahveh Daat, vol. 2 no. 42), while talking about a carriage, says
that there is a difference between making a groove as a consequence of
dragging a bench (the usual example) and flattening the ground as a
consquence of a tire.  He says that the latter is of a different and
less problematic nature.

>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?

There is are two good lists of kosher fish which I know of.  One is in
_The Jewish Dietary Laws_ by R. Samuel Dresner.  The list of kosher and
non-kosher fishes is adapted from a list compiled by Dr. James W. Atz,
Curator and Dean Bibliographer in the Department of Ichthyology of the
American Museum of Natural History in NY. R. Dresner is a conservative
rabbi and the only two fish which the list categorizes as kosher which
are not accepted as kosher by orthodoxy, as far as I am aware of, are
swordfish and sturgeon (to R.Dresner's credit he has a note to both of
these fishes stating that their kosher status is not universally
accepted).  All of that said, both flying fish and mahimahi are listed
as kosher.  Another book which probably has info about these fish is
_Sefer Kashrut Hamazon_ by R. Amram Ederi.  He is a recognized expert on
kashrut and has published a number of standard works on the subject.  I
do not have his book which has a listing of fish but I will try and look
at a copy of it.

Name: Michael Menahem Pitkowsky
E-mail: <pitab@...>

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From: Rafi Stern <rafistern@...>
Date: Sun, 06 Jul 1997 06:45:21 PDT
Subject: Bycycles on Shabbat

Many thanks to all those who have sent comments about riding a bicycle 
on Shabbat.

The point brought by Michael and Abby Pitowsky in the name of R. Yosef 
Hayim from Baghdad that "many other things could be forbidden if it is 
possible for them to break such as sitting on chairs yet we don't forbid 
something when there is a slight chance of breakage" is the point which 
I am seeking to explore. How much probability of breakage and how easy 
to repair it make something forbidden?

The two suggested reasons for banning the bicycle David Charlap stated 
in reply to the points in my original post would fall into this 
category:

1. Putting a chain back on can be done without tools. However it
involves getting off the bike and dirtying your hands.

2. Pumping the tyres is easy to do without thinking. Unscrewing the
valve cap, connecting the pump and pumping requires a certain ammount of
thought and intention.

If I made a "Shabbat bicycle" with a shaft drive (no chain) and 
non-pneumatic tyres would that be ok?

As for making a rut (Janice Gelb), I only want to ride on asphalted 
roads.

Carl Singer brought up several points. a) The temptation to mend the 
bicycle - we have already covered this. b) The grief it will cause me if 
the bicycle gets stolen - if I have an eruv then I can take my lock with 
me and the bicycle won't get stolen. c) How will I get (it) [my 
parenthesis] home if the bicycle gets broken - I have an eruv so either 
I will carry it home or I will lock it up and come back for it later. I 
admit that this is problematic. It would put a pretty serious damper on 
Shabbat if you got stranded on the other side of town (even without 
leaving your t'hum Shabbat) with a broken bicycle and had to walk home. 
However, is this enough reason to ban the use of the bicycle altogether? 

Also, Michael Pitowsky writes that although R. Ovadia agrees with most 
of R. Yosef Hayim's points, he bans the bicycle all the same. On what 
basis?

Rafi Stern
Tel:   (H)972-2-9919162  (W)972-3-6873312 
Email: <rafistern@...>             

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From: <smitnick@...>
Date: Tue, 1 Jul 1997 08:26:22 -0400 (EDT)
Subject: Chesapeake Rockfish

I believe that the Chesapeake Rockfish is a sea bass. I have never heard any
question as to its kosher status, but I am not an expert.

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From: <KHRESQ@...> (K.H. Ryesky)
Date: Fri, 4 Jul 1997 16:08:19 -0400 (EDT)
Subject: Kashrut of Mahi-Mahi fish

I have never seen (nor looked for) a listing of the mahi-mahi fish as
being kosher or treif. We have, however, purchased fresh mahi-mahi fish
under the hashgacha of the "Star-K" from a business establishment on
Long Island where the "Star-K" mashgiach actually seals and marks the
containers of the fish prepared for the customers, and the containers
are then delivered to our door.  When I opened the fish, the mahi-mahi
we received seemed to have proper scales. Based upon the foregoing, I
presume that the mahi-mahi is kosher (and if it is not, then we would
certainly like to know, as, presumably, would the "Star-K" people).

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From: Michael &Michelle Hoffman <hoffmanm@...>
Date: Sat, 5 Jul 1997 23:55:17 +0200
Subject: Re: Kosher Fish

>From: Andrea Penkower Rosen <apr@...>
>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?

I don't know the name "mahi mahi", but there is a Kosher Fish list
published by the OU that was prepared  by Professor Atz.

In the Kosher Fish section the following can be found:
	"Flyingfishes and halfbeaks (Family Exocoetidae)
	Flyingfishes (Cypcelurus species, and others)
	Ballyhoo or balao (Hemiramphus species)"

In addition the Cypcelurus species was checked at the Hamburg museum,
and the Hemiramphus species at the Zoological museum of Jerusalem, and
were found to be kosher.

The best source that I have found is "Mazon Kasher Min haChai" (English
title: "Modern Kosher Food Production From Animal Source") by
I.M.Levinger, published by the Institute for Agricultural Research
According to the Torah - Jerusalem, 1985.  This book has a large section
devoted to kashrut of fish. (The book is in Hebrew only, with a very
brief synopsis in English.)
 Michael Hoffman

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From: Michael & Bonnie Rogovin <rogovin@...>
Date: Sat, 05 Jul 1997 23:12:03 +0000
Subject: Kosher Fish

Andrea Penkower Rosen writes:
>Does anyone know the kashruth status of flying fish?  mahi mahi?

Mahi mahi (aka dolphin fish, no relation to dolphins, which are, of
course, not fish) is kosher and is served in many fine kosher
restaurants.

Michael Rogovin

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From: Michael J. Savitz <MSAVITZ@...>
Date: Mon, 07 Jul 1997 12:27:24 -0500
Subject: Kosher Fish

Andrea Rosen inquired (v. 26 no. 78) about a list of kosher
vs. nonkosher fish.  Asian American Kashrus Services has a list at their
site (www.kashrus.org/kosher/fish.html).  The list indicates that both
mahi mahi and flying fish are kosher.

Michael Savitz

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From: Gershon Klavan <klavan@...>
Date: Mon, 7 Jul 1997 14:30:32 -0400 (EDT)
Subject: P'ru U'rvu for B'nai Noach

The topic is discussed in the She'iltohs (I believe Siman 165).  The
Netziv has a long discussion there about how the Shei'lthohs follows
Tosaphos who agrees vs. other Rishonim who argue.

Have Fun!

Gershon Klavan

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End of Volume 26 Issue 79