Volume 26 Number 80
                      Produced: Tue Jul  8  0:34:48 1997

Subjects Discussed In This Issue: 

Bat Mitzvah
         [Mimi Markofsky]
Bat-Kohain and Challah
         [Steven Leichman]
DNR Orders and Halakha
         [Lowell S. Kronick]
Halachic view on Capital Punishment
         [Ira Kasdan]
Hebrew vs English version of things
         [Steve White]
Income for Maaser
         [Hillel E. Markowitz]
Kashrut Question - Chesapeake Rockfish
         [Steve Wildstrom]
Maaser and Welfare
         [Jordan Lee Wagner]
Maser accounting
         [Ezriel Krumbein]
Meaning of the term - l'harchik
         [Israel Rosenfeld]
Mikva again
         [Rafi Stern]
Pru Urvuu and Sheva Mitzvot Bnei Noach
         [Chaim Steinmetz]
Rebbe vs msader kiddushin
         [Steve Albert]
Recording a phone conversation
         [Joseph Geretz]
Torah Tapes on the Internet
         [Tova Taragin]


From: <AUNTIEFIFI@...> (Mimi Markofsky)
Date: Sun, 29 Jun 1997 00:01:37 -0400 (EDT)
Subject: Re: Bat Mitzvah

G-d willing, we will be making a celebration in honor of our daughter's
reaching Bat Mitzvah at the end of the summer.  We will have some non-Jewish
friends in attendance and we wanted to put together a little brochure for
them (and those who aren't very familiar with the activities that evening).
Our daughter is preparing to deliver a D'var Torah that evening, as will
several members of the family.  I would like to include information about the
meaning of becoming Bat Mitzvah, what a D'var Torah is, the various brachos
that will be said (hamotzi, benching, etc).  If anyone has any texts that
might explain these ceremonies, I would appreciate the names and authors. 


Mimi Markofsky


From: <SteveL59@...> (Steven Leichman)
Date: Wed, 2 Jul 1997 19:45:01 -0400 (EDT)
Subject: Re: Bat-Kohain and Challah

<< Why does a bat-kohain separate challah? >>

I asked my Rabbi this question a few years ago about a cohain's wife
taking challah. Not only didn't I understand why she would take challah,
but to make matters worse, why does she make a bracha (assuming a large
enough batch)?

The answer was surprisingly simple. Cohanim, b'zman hazeh, are simply
cohanim by chazakah. That is, since they were told by their fathers that
they are cohanim, they are considered cohanim. They are not cohanim by
way of a shtar yichus. Therefore, they are considered cohanim for
purposes of aliyahs, duchaning, bentching, etc. But when it comes to
this issue, which is a zaicher l'mikdash, they do not get an
exemption. They must take challah and make a bracha, just like everyone


From: Lowell S. Kronick <rlsk@...>
Date: Sat, 05 Jul 1997 22:42:40 -0400
Subject: DNR Orders and Halakha

I would like to see some discussion of halakhic views on the permissibility
or prohibition of the following:

(1) Does a patient have an halakhic right to request a DNR [Do Not
Resuscitate - Mod.] order?

(2) Does a surrogate acting on behalf of a patient who has lost decisional
capacity have an halakhic right to request a DNR order for that patient?

(3) Is an halakhically observant professional working in a health-care
institution, such as a physician, nurse, or social worker permitted to
inform patients about the availability of DNR and other advance directives
that limit life-sustaining treatment?

(4) Is an halakhically observant physician or nurse permitted to honor the
DNR order or are they required halakhically to attempt to resuscitate a
patient with a DNR order whose cardiac arrest they have witnessed?

(5) How do the patient's medical condition, diagnosis, prognosis, age,
statistical probabilities of the success of cardiopulmonary resuscitation
(CPR) affect, if at all, the halakhic responses to questions (1)-(4)?

Lowell S. Kronick


From: Ira Kasdan <IKASDAN@...>
Date: Sat, 05 Jul 1997 23:46:23 -0400
Subject: Halachic view on Capital Punishment

Regarding the Halachic view on Capital Punishment, see Jewish Ethics
and Halakhah for Our Time Vol 1(Chapter 6) by Basil Herring published
by Ktav, Yeshiva University Press.


From: <StevenJ81@...> (Steve White)
Date: Fri, 27 Jun 1997 09:24:09 -0400 (EDT)
Subject: Hebrew vs English version of things

In #73, Steve Albert (<SAlbert@...>) writes:

>         I would add the the English translation of the sefer presents a
>  different perspective, and quotes Rav Auerbach as saying that it is
>  *forbidden* from the age of nine onwards.  Based on the original Hebrew
>  text, it seems that Rav Shlomo Zalman surely didn't recommend it, but
>  didn't call it forbidden.  Perhaps the translator or editor received
>  some additional clarification when rendering it into English, or perhaps
>  they simply wanted to give a clearer ruling to those seeking guidance,
>  or they might just have slipped.

Actually, it is *extremely* common to find the English translations of
sefarim giving much stricter and narrower rulings than can be found in the
Hebrew.  And similarly, if you look at some English-only sefarim with copious
Hebrew footnotes, you'll find the footnotes suggest much more latitude than
the English suggests.

The frequency of such things leads me to conclude that a separate agenda to
strictness is at work here.



From: Hillel E. Markowitz <hem@...>
Date: Sun, 06 Jul 1997 14:45:05 -0400 (EDT)
Subject: Re: Income for Maaser

> From: <babybarons@...> (Ranon and/or Yocheved Barenholtz)
> > 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.

I should point out that when following the above rule, an income tax
refund is considered income for the purpose of calculating maaser in the
same way as any other tax exempt income (such as a gift or tax free
municipal bond interest).

|  Hillel (Sabba) Markowitz |     Im ain ani li, mi li?      |
|   <H.E.Markowitz@...>   |   V'ahavta L'raiecha kamocha   |


From: <swild@...> (Steve Wildstrom)
Date: Mon, 30 Jun 97 22:34:10 -0500
Subject: Kashrut Question - Chesapeake Rockfish

>Does anyone know if Chesapeake Rockfish is kosher I can't imagine why 
>not, but best to be sure.

The fish known in this part of the country as rockfish is known
everywhere else as striped bass. As it has perfectly ordinary fins and
scales, rather like those of a salmon, I can't imagine why it wouldn't
be kosher.


From: <JordanleeW@...> (Jordan Lee Wagner)
Date: Tue, 1 Jul 1997 16:23:38 -0400 (EDT)
Subject: Re: Maaser and Welfare

> From: Zev Kaufman <zev@...>
>  May one consider the portion of one's taxes used for such things as
>  Welfare, Hospitals, etc., as part of "Maaser" ( the 10 -20 % of one's
>  earnings set aside for "Tzedakkah" ) ?

I think I recall reading an article on this in The Journal of Halacha
and Contemporary Society, published by the Rabbi Jacob Joseph School in
Staten Island NY.  I also think the answer was no.  (While you're
thinking of taking credit, would you also like to be liable for all the
non-halachic purposes funded by your taxes?)


From: Ezriel Krumbein <ezsurf@...>
Date: Sun, 06 Jul 1997 23:15:32 -0700
Subject: Re: Maser accounting

> From: Carl Singer <CARLSINGER@...>
> 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.)

 An interesting pamphlet was published by Rabbi Yechezkel Felberger and
Nachum Blumenfrucht called Guide to the Maser Forms. A take off on the
1040.  The one have was published in 1988. Rabbi Feldberger's address is
listed as 403 Crown Street Brokklyn NY 11225.


From: Israel Rosenfeld <iir@...>
Date: Wed, 2 Jul 1997 11:37:29 +0000
Subject: Meaning of the term - l'harchik

>      The one reference I found (that discussed the age question) was in
> Yitzchak Yaakov Fox's "Halichos Bas Yisrael."  Chapter 6 discusses Kol
> Isha, and the first footnote in the chapter states (in part): "Shamati
> mehagaon Shlomo Zalman Auerbach shlita [written before his petirah!]
> sheyeladim, yesh l'harchikam milishmoa kol b'isha -- im higiyu l'gil
> tesha."
>        I would translate that, and understand it, as follows: "I heard
> from the gaon, R. Shlomo Zalman Auerbach, that boys, if they have
> reached the age of nine, should be 'distanced' from hearing kol isha."
>         I would add the the English translation of the sefer presents a
> different perspective, and quotes Rav Auerbach as saying that it is
> *forbidden* from the age of nine onwards.  Based on the original Hebrew
> text, it seems that Rav Shlomo Zalman surely didn't recommend it, but
> didn't call it forbidden.  Perhaps the translator or editor received
> some additional clarification when rendering it into English, or perhaps
> they simply wanted to give a clearer ruling to those seeking guidance,
> or they might just have slipped.

The Torah says "Mid'var sheker tirchak" -
     distance yourself from untruth.
I'm sorry I don't remember the source but l'harchik means
    "assur" (forbidden) and spiritually unhealthy (above and
    beyond assur).

Behatzlacha raba.



From: Rafi Stern <rafistern@...>
Date: Sun, 29 Jun 1997 01:27:55 PDT
Subject: Mikva again

Thanks to Saul Mashbaum (mj.73) for explaining the seventh day before or 
after dark issue with Mikva. My question erroneously assumed that the 
woman must go to Mikva after the end of the seventh day and not on it. 
However the other part of my question expressing consternation over the 
need for a Shomer to prevent Yichud between the woman and her husband 
until nightfall still remains unanswerred.

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


From: Chaim Steinmetz <tbdj@...>
Date: Wed, 02 Jul 1997 10:21:32 -0400
Subject: Re: Pru Urvuu and Sheva Mitzvot Bnei Noach

Zemira wolf wrote:
> Is pru urvu one of the sheva mitzvot bnei Noach? If not, are bnei Noach
> chayav in this mitzvah?

I'd like to share an excerpt of an article i wrote that relates to this


The Talmud (Sanhedrin, 59b) says that Non-Jews are exempt from the
commandment to procreate. Some medieval authorities assert that Non-Jews
are also obligated to procreate, and have a different understanding of
this Talmudic passage (Sheiltot no. 165; Tosafot Hagigah 2b, s.v. lo
tohu. Teshuvot Shevut Yaakov 2:134 explains that Tosafot is of the
opinion that the Talmudic statement in Sanhedrin exempting Non-Jews is
disputed by another opinion cited in the Talmud Yebamot 62a, that
children a convert has prior to his conversion exempt him from the
commandment of p'ru urvu). The opinion that non-Jews are exempt from
this commandment is accepted as normative (Shulchan Aruch, Even HaEzer
1:3) . However, despite this exemption, Halacha encourages non-Jews to
procreate (Aruch Hashulchan, Even HaEzer 1:5.) Some say the reason why
this mitzvah is relegated to Jews is because of the small size of the
Jewish people. The mitzvah of procreation is based on a concern for
demographic survival. At the beginning of time, when the commandment was
first given, this applied to all humans; as the world's population
increased, the mitzvah to procreate was relegated to the Jewish people
because of their small size (David Shapiro,  "Be Fruitful and Multiply"
in Fred Rosner and J. David Bleich, editors, Jewish Bioethics (New York:
Hebrew Publishing Company, 1979) Page 70.) 

Chaim Steinmetz


From: <SAlbert@...> (Steve Albert)
Date: Sun, 6 Jul 1997 18:42:03 -0400 (EDT)
Subject: Re: Rebbe vs msader kiddushin

    Chaim Shapiro asked about which rabbi to wait for before beginning
the chazzan's repetition of the Amida, at mincha at a wedding, when one
rabbi was the mesader kiddushin (performed the wedding) and another was
one of his own teachers, while the rabbi of the place wasn't there.  Who
get priority?  Let me add another, related question: What about the
chasan?  Since he has (in certain respects) the status of a melech
[king], why wouldn't we wait for him?  Shouldn't we be concerned that he
be able to say kedusha, at the minyan at his own wedding?  Wouldn't he
be the one person for whom we should surely wait?

Steve Albert


From: Joseph Geretz <JGeretz@...>
Date: Fri, 4 Jul 1997 12:29:03 -0400
Subject: Recording a phone conversation

I think we're getting a little sidetracked by the technology
involved. As you correctly state, since both the taper and the tapee are
both participants to the conversation nothing is being added by taping
the conversation assuming the tape is never replayed for a
non-participant. The real halachic question would involve the
permissibility of *divulging* the contents of the phone conversation to
a third party, irrespective of whether the conversation was taped or
not. This is a standard shmiras haloshon question which has nothing to
do with the taping of the conversation. If someone can think of a
prohibition against taping the conversation and locking it in a safe for
my own personal reference at a later time I'd be interested to hear it.

Kol Tuv,

Joseph Geretz


From: Tova Taragin <tovt@...>
Date: Fri, 04 Jul 1997 10:03:30 -0400
Subject: Re: Torah Tapes on the Internet

> From: Marty <docmarty@...>
> I live in Israel and am looking for sources for audio tapes on torah
> topics, especially gemara.  I would appreciate references for local
> sources, mail sources, internet sources, E-mail, etc.

check out http://www.613.org/cd.html on the internet.


End of Volume 26 Issue 80