Volume 29 Number 18
                 Produced: Fri Jul 23  6:29:35 US/Eastern 1999

Subjects Discussed In This Issue: 

English source for Laws of Agency
         [Russell Hendel]
Forced Mishebayrach donations--they are invalid
         [Russell Hendel]
Is halacha a "ceiling"?
         [Barry Best]
Jerusalem vs Jerusalaim (was 'Yud' as 'Jay') (3)
         [David and Toby Curwin, Micha Berger, Joseph Geretz]
Ko Kosher Symbol
         [Elie Rosenfeld]
Kosher Corrections
         [Daniel P Faigin]
Megillat Esther and Shir haShirim
         [Barry Best]
Operation Refuah
         [Carl and Adina Sherer]
Right and Left hand - 2 questions
         [Daniel Levine]
Shir HaShirim and Megillas Esther
         [Daniel Israel]
Sugya index by Amora?
         [Shlomo Argamon]
Three steps back before/after Shemone Esrei
         [Chaim Tatel]
Tur - Bet Yosef - Maran
         [Reuven Miller]
Why Slavery will be Moral in King Mesiah's time
         [Elozor Preil]


From: Russell Hendel <rhendel@...>
Date: Sun, 18 Jul 1999 19:13:08 -0400 (EDT)
Subject: English source for Laws of Agency

Rachel Furman (v28n101) asks for an English source of Laws of Agency.
I would begin with any of the English translations of the Rambam's
great legal code. You can find the Laws of Agents and Partners in
the Book of ACQUISITION. There are also many chapters in the laws of
SALES and LOANS that discuss Agents. While this is a good introduction
I would caution that Agency in Shadchanus may be different than commercial

Russell Jay Hendel;Phd ASA;
Moderator; Rashi Is Simple


From: Russell Hendel <rhendel@...>
Date: Sun, 18 Jul 1999 19:22:19 -0400 (EDT)
Subject: Forced Mishebayrach donations--they are invalid

Just a quick answer to Alex who cites the Talmudic dictum that "Speech
dedication to the Temple is like a formal commercial transaction between

True..But in commerce law GIFTS are nullified if the INTENT of the Giver
was clearly not to give (while in sales we need a formal anullment).
(Eg Rambam Gifts 6:1 and many other places)

So if the set up of the MiShebayrach shows that the person did not intend
to give then he did not give!

Russell Jay Hendel; Phd ASA
Moderator Rashi Is SImple


From: Barry Best <barry.h.best@...>
Date: Wed, 21 Jul 1999 13:15:53 -0400
Subject: RE: Is halacha a "ceiling"?

	Chaim Shapiro makes an intersting point (MJ 29#04) about Torah
morality versus pop culture morality in the case of slavery.  More broadly,
don't we recognize the concept of halachic/moral evolution (at least in
terms of increasing stringency).  For example, polygemy is permitted by
Torah law but was banned by R. Gershom.  I don't know what exactly compelled
R. gershom to make the takannah, but I always figured that it was changing
moral norms.


From: David and Toby Curwin <curwin@...>
Date: Tue, 20 Jul 1999 16:13:42 +0300
Subject: Re: Jerusalem vs Jerusalaim (was 'Yud' as 'Jay')

 David Charlap <shamino@...> wrote: 
> I don't know where the "aim" at the end became "em", though.  I suspect
> that at one of the translation stages, people stopped pronouncing the
> individual letters of "aim" (as "ayim").  From there, it's a very small
> step to go to "em".  I'd guess that this would be either the
> Latin->German conversion or a later German->English conversion.  If
> anyone has access to German and Latin texts, it would be interesting to
> check them and find out.

I can think of a few reasons for the translation of YerushaLAYIM as 
a) In almost every instance in the Tanach, Yerushalayim is written without
a yud, perhaps leading to the change.
	[Same response sent in by: Gershon Dubin
<gershon.dubin@...>. Mod]

b) In the Aramaic sections of the Tanach, Yerushalayim is spelled
c) There is a connection between Yerushalayim and the city ShaLEM (Salem).

David Curwin
Kvutzat Yavne, Israel

From: Micha Berger <micha@...>
Date: Tue, 20 Jul 1999 07:45:34 -0400 (EDT)
Subject: Jerusalem vs Jerusalaim (was 'Yud' as 'Jay')

The English "Jerusalem" is a transliteration of the Aramaic "Yerushaleim",
with a tzeirei (a long /A/) under the lamed. Hebrew has both a patach (the
vowel sound in "pot") and a chirik (long /E/) under the lamed -- which is
pretty unique. Sometimes it is instead spelled ...-lamed-yud-mem, and the
yud gets the chirik.

Micha Berger (973) 916-0287          MMG"H for 20-Jul-99: Shelishi, Vaeschanan
<micha@...>                                         A"H O"Ch 340:11-17
http://www.aishdas.org                                    Pisachim 10a
For a mitzvah is a lamp, and the Torah its light.         Kuzari IV 25-28

From: Joseph Geretz <jgeretz@...>
Date: Tue, 20 Jul 1999 18:34:21 -0400
Subject: Jerusalem vs Jerusalaim (was 'Yud' as 'Jay')

Actually, I suspect that the tranliteration has always been Jerusalem
since the common spelling of Yerushalayim in TaNaCh is actually
Yerushalam. There may be exceptions (of which I am not aware) however,
yud-resh-vav-shin-lamed-mem (no yud between the lamed & mem) is the
spelling in the overwhelming majority. Despite the fact that we always
*pronounce* it Yerushalayim (or Yerushaloyim), I suspect that the
transliteration, from its inception, is based upon the literal spelling
(Yerushalam = Jerusalem).

Kol Tuv,

Joseph Geretz


From: Elie Rosenfeld <erosenfe@...>
Date: Tue, 20 Jul 1999 10:27:35 -0400
Subject: Ko Kosher Symbol

Does anyone have information on the reliability/acceptance of the "Ko"
symbol?  According to their Web site (http://www.ko-kosher-service.org),
they are sponsored by the Orthodox Adas Harabonim of Philadelphia.  But
I cannot find any independent information on "Ko" on any of the general
Kashrus web sites posted in MJ Vol. 29 #12.


Elie Rosenfeld


From: Daniel P Faigin <faigin@...>
Date: Tue, 20 Jul 1999 07:23:36 -0700
Subject: Re: Kosher Corrections

> Kashrut Magazine runs an issue every year that lists virtually all of 
> them.

I'll note that Kashrus Magazine itself is on the web, according to its 
latest issue. I believe the web address is http://www.kosherinfo.com/



From: Barry Best <barry.h.best@...>
Date: Wed, 21 Jul 1999 11:18:48 -0400
Subject: RE: Megillat Esther and Shir haShirim

regarding Scott D. Spiegler's question regarding God's name in Shir
HaShirim, one of His names, Tz'va -- os, does appear a few times.


From: Carl and Adina Sherer <sherer@...>
Date: Fri, 23 Jul 1999 09:01:22 +0300
Subject: Operation Refuah

Mark Feldman (who I assume is the same person as Moshe 
Feldman :-) writes:

> It is no secret that every Jewish community around the world is being hit
> with terrible tragedies...it is time to come together as one People, with
> one soul and one heart, to ask Hashem to have mercy on His Chosen Nation.>>
> While I encourage tzedakah and ahavat chinam campaigns, I wonder about
> the above statement and other literature I have seen from Operation
> Refuah ("OR").  First, OR's website claims that there are "devastating
> tragedies and illnesses around the globe."  Undoubtedly, with the advent
> of e-mail and the web, we are able, more than ever before, to hear about
> many Jews all over the world who are, rachmana litzlan, suffering from
> illness.  But, percentagewise, are there *more* people suffering?

I don't know if it's true around the globe, but rachmana litzlan I can 
tell you that it is true here in Eretz Yisrael. The incidence of 
childhood brain tumors in Eretz Yisrael is more than double the 
rate in the United States, and the incidence of breast cancer in 
middle-aged women here is somewhere between one in four and 
one in three, which is also a much higher rate than in the United 
States. There is a severe shortage of oncology (especially pediatric 
oncology) nurses here. One can speculate as to why (my personal 
favorite "natural" cause is the air pollution in Israel), but the fact 
remains that at least in Eretz Yisrael there is a higher percentage 
of people suffering from these diseases than before and elsewhere. 
Shelo neda.... (We should not know of these things).....

-- Carl Sherer

Please daven and learn for a Refuah Shleima for our son,
Baruch Yosef ben Adina Batya among the sick of Israel.  
Thank you very much.

Carl and Adina Sherer


From: Daniel Levine <Daniel.Levine.51132628@...>
Date: Tue, 20 Jul 1999 17:09:58 +1000
Subject: Right and Left hand - 2 questions

Q. 1.
Is one meant to cover the eyes with the right hand during the first
paragraph of the Shema recited during Birkas Hashachar?

Q. 2.
For a left-handed person, do they substitute their left hand for all things
that a right-handed person does with his right?
e.g. for a left handed male, most know to have their Shel-Yad on the right
arm, however:
(a) which hand is used to shield the eyes during the Shema, left or right?
(b) in which hand should the tzitzis be held?
(c) with which hand should one beat the heart during Oshamnu, Bogadnu..
(d) do they wash for 'Al Netilas Yodoyim' Left, Right, Left etc..

My left-handed friend eagerly awaits your answer!
Thank You


From: Daniel Israel <daniel@...>
Date: Wed, 21 Jul 1999 15:30:44 -0700 (MST)
Subject: Re: Shir HaShirim and Megillas Esther

Alexander Heppenheimer <Alexander.Heppenheimer@...> wrote:
> I would venture to say that the distinction between Megillas Esther and
> Shir HaShirim in this connection, then, is that Shir HaShirim has _no_
> peshat (surface explanation) outside of the meaning assigned to it by
> our Sages, that it is a dialogue between Hashem and the Jewish People;
> whereas Megillas Esther does have a peshat (that it describes events in
> the earthly King Achashverosh's court) which is separate from the deeper
> explanations (remez and sod) that refer it to the dynamics of Hashem and
> His Court.

It seems to me that Shir HaShirim does have a p'shat: a love poem.  And
if you want to say that this p'shat is so far "off" for part of the
Tanach that it can't be considered p'shat then I would say the lesson of
Esther if read as history is as bad if not worse.  The p'shat of Shir
HaShirim glorifies romantic and physical love, which could encourage
pritzus [loose sexual morality], but romantic love is also a positive
Jewish value when expressed properly, between a man and his wife in a
halachic marrige.  The p'shat of Megillas Esther, on the other hand, is
that in our days HaShem doesn't perform miracles; if we want to protect
ourselves we need to do it by political intrigue (and perhaps

Daniel M. Israel
University of Arizona
Tucson, AZ


From: Shlomo Argamon <argamon@...>
Date: Tue, 20 Jul 1999 13:50:45 +0300 (IDT)
Subject: Sugya index by Amora?

Does anyone know if there exists any kind of index (even partial) of
sugyas in the Gemara by which Tanaim/Amoraim said what?  Such an index
would be incredibly useful in analysing the opinions of different
decisors.  Any ideas?



From: Chaim Tatel <chaimyt@...>
Date: Wed, 21 Jul 1999 19:07:29 -0400 (EDT)
Subject: Three steps back before/after Shemone Esrei

Sefer Chayye Adam, Chapter 24, paragraph 28, explains the procedure for
the three steps:

First, move the left foot back so the toes are a little behind the heel
of the right foot. Then move the right foot so the toes are behind the
left heel. Finally, move the left foot so the heels are together.

Please see link below for graphic.


Chaim Tatel


From: Reuven Miller <millerr@...>
Date: Fri, 23 Jul 1999 04:22:45 +0300 (IDT)
Subject: Tur - Bet Yosef - Maran

We often find that the Bet Yosef will comment (disagree or modify a Tur)
but in the Shulchan Aruch he will only bring the opinion of the Tur
whereas the Ramah will bring the dissenting opinion of the Bet Yosef

Does anyone have an explanation?



From: Elozor Preil <EMPreil@...>
Date: Fri, 23 Jul 1999 03:11:57 EDT
Subject: Re: Why Slavery will be Moral in King Mesiah's time

> What caring slaveowner would subject his/her slave to hours of
>  deadening, noisy, and polluted stop-and-go traffic; a polluted and foul
>  environment; deadly McDonalds' junk food (even when kosher), forced
>  purchase of health insurance (or risk of being left to die or be in
>  pain), forced schooling of our children and their removal to far cities
>  for an education or for military service, and a strict diet of puerile
>  ideas fed via antenna and cable into a vast idol-indoctrination screen
>  in our homes? I could go on and on, but I think you get my drift.

There is one crucial difference between the Biblical slave and your modern 
slave - most of the above are CHOICES that we voluntary subject ourselves to, 
presumably because we have determined that the price is worth the REWARD.  A 
slave has no choices, and any rewards are arbitrarily granted by his master.

Kol tuv,
Elozor Preil


End of Volume 29 Issue 18