Volume 59 Number 46 
      Produced: Sun, 03 Oct 2010 10:49:28 EDT


Subjects Discussed In This Issue:

Anomalies in Ashkenazi Yom Kippur davening - no birkat hacohanim at mi 
    [David Ziants]
Chiyuv 
    [Anonymous]
Mezonos bread/hamotzi cake 
    [David Ziants]
Open wound vs. mikvah question (5)
    [Batya Medad  Shoshana L. Boublil  Martin Stern  Josh Backon  Jeanette  Friedman]
Position from which to read haftarah  (2)
    [Gilad J. Gevaryahu  Yisrael Medad]
Poskim on scientific questions 
    [David Tzohar]
Shir shel Yom 
    [Martin Stern]



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From: David Ziants <dziants@...>
Date: Thu, Sep 30,2010 at 06:01 PM
Subject: Anomalies in Ashkenazi Yom Kippur davening - no birkat hacohanim at mi

The following link was sent to me, off-list, of an online shi'ur put out 
by Yeshivat-Bet El and by Rav E. Melamed, and which seems to support the 
view Avraham Friedenberg <elshpen@...> and others mentioned:

http://www.yeshiva.org.il/midrash/shiur.asp?id=411

(The page is in Hebrew, birkat hakohanim is in the last section of the 
text before the footnotes.)


Concerning birkat hacohanim after shkiya:-

Foot note 16 brings opinions (maybe someone can tell me what the 
initials here are) that provided repetition of amida starts before 
shkiya, the kohanim can duchen up to tzeit chochavim [stars appearing] 
and an opinion of Rav Auerbach and Rav Eliashiv which says 13 minutes 
after sh'kiya.

The rationale (from what I understand here) is that we can rely on 
Rabbainu Tam times when other uncertainties are an issue, like the 
opinions which allow birkat hacohanim at night.

The main context of this shiur is appertaining to the light (i.e 
Rabbinic) fasts when no ne'illa and duchaning done at a late mincha 
instead, but I assume this footnote can also apply to ne'illa.


David Ziants

Ma'aleh Adumim, Israel

> From: Avraham Friedenberg<elshpen@...>
> Date: Wed, Sep 22,2010 at 04:01 AM
> Subject: Anomalies in Ashkenazi Yom Kippur davening - no birkat hacohanim at mi
>
> Ira Jacobson writes in (MJ 59 #39):
>
>> >  My experience (in the Land of Israel) is that Hasidim ordinarily do
>> >  not dukhen at fast day minha, while non-Hasidim do.
> I asked one of our kohanim in shule this morning what we do (since I didn't
> remember), and his answer was, "It depends."
>
> He explained that the Rav of our neighborhood said duchening at mincha on a
> ta'anit depends on the time of the minyan.  If it's earlier in the
> afternoon, like mincha gadola, the kohanim do not duchen.  If it's closer to
> shkeeya, then they do duchen - because davening at that time
> is comparable to n'eela time.
>
> Chag samayach to all!
>
> Avraham Friedenberg
> Karnei Shomron

----------------------------------------------------------------------

From: Anonymous
Date: Sun, Oct 3,2010 at 08:01 AM
Subject: Chiyuv

In our shul we had a real mench who was both a ba'al tzedukah and a ba'al
chesed.  Each year on the Shabbos corresponding with his mother's yarhzeit
he davened for the amud.  We all knew, he also, that he was tone deaf and
although "accurate" in his davening he proved the adage that the death of a
parent make one an avul not a chazen.  Nonetheless, none of us objected to
this sweet man's tear-filled davening.

This Shimini Atzeres I davened in my son's shul.  The ba'al musaf (including
geshem) left much to be desired -- both to "accuracy" (pronunciation of
words) and chazunish (like me, he is tone deaf). My son told me that this man is
not a member of the shul, but a friend of a "macher" and shows up every Shimini
Atzeres with his kittle (he has yahrzeit that day) expecting to daven musaf and
geshem.

Is there a chiyuv at all on Yom Tov?  That is, if one has yarhzeit on a Yom
Tov must they be allowed to daven for the amud? Is there a chiyuv for musaf
(ever)?   Is one is a chiyuv (say on Shabbos or Rosh Chodesh) must they be
allowed to daven musaf? Is there a chiyuv for geshem?

Moderator's comment: This has been posted anonymously to avoid embarrassment to
the person described but the poster did make himself known as did the lady whose
posting regarding mikvah usage when suffering from an open wound that was
included in MJ 59#45. We only do this in exceptional cases and will NOT accept
completely anonymous submissions.

----------------------------------------------------------------------

From: David Ziants <dziants@...>
Date: Thu, Sep 30,2010 at 04:01 PM
Subject: Mezonos bread/hamotzi cake

The authorities quoted below, by David Tzohar, all belong to the 
Religious Zionist sector (I would say chard"al = charaidi dati le'umi 
but I have also heard this in the name of more modern religious zionist 
Rabbanim - cannot remember whom), and they insist that one would need to 
wash for a "mezonot roll" of even a k'zayit.  On the other hand chareidi 
[Ultra Orthodox] authorities (such as Kedassia in London, UK) recognise 
the status of a mezonot roll as such, as one can see by the note that 
comes with the airline meals.

This seems to be a very interesting phenomena - or maybe I am missing 
something here...


David Ziants

Ma'aleh Adumim, Israel

<dziants@...>

PS If I define myself as "Modern Orthodox" does that give me licence to 
follow a charaidi Rav on matters that he is more lenient, rather than 
Rabbanim who are more tolerant of my world view?


> From: David Tzohar <davidtzohar@...>
> Date: Mon, Sep 27,2010 atz 03:01 PM
> Subject: Mezonos bread/hamotzi cake
>
> There is a difference in halacha between Ashkenazim and Sefardim on 
> this subject.
>
> The Ashkenazim go according to the Rema who said that mezonot is only 
> when the
> flour is mixed with more eggs, honey, fresh fruit juice or milk than 
> water. The
> determination is according to the proportion of the ingredients, not 
> the taste.
>
> The Sefardim go according to the Shulchan Aruch who said that if you 
> can easily
> taste the honey, juice etc. it is mezonot. Therefore Sefardim don't 
> make motzi on
> sweet challah.
>
> There are many present day authorities who pasken that when there is kviat
> se'udah (defining a meal) one must wash, make motzi and birkat hamazon 
> even
> on cake, and even on an amount as small as k'zayit(27 grams). This is
> especially true at seudot mitzvah such as weddings and britot. 
> According to
> these authorities (R'M Eliyahu ztzl and R'S Aviner, R'E Melamed and R' D
> Lior all shlita,) "mezonot rolls" are a stumbling block before the blind.
>
> -- David Tzohar http://tzoharlateivahebrew.blogspot.com/ 
> http://tzoharlateiva.blogspot.com/

----------------------------------------------------------------------

From: Batya Medad <ybmedad@...>
Date: Sun, Oct 3,2010 at 03:01 AM
Subject: Open wound vs. mikvah question

Anonymous asked regarding going to the mikvah with an open wound (MJ 49#45)

Ask a qualified rabbi/doctor/posek!

Many years ago a friend told me how she got a very serious infection 
because the mikvah lady insisted that she pick off a scab.  No qualified 
rabbi/doctor/posek was consulted beforehand and the results kept her 
from the mikvah and her husband for over a month.  Only afterwards did 
she discover that she could have tovelled with the scab which would not 
have had been affected by bathing, which is why she had gone to the mikvah.
Not every rabbi or doctor knows.  It may be that a woman with such an 
open wound would be given antibiotics to prevent infection like a heart 
patient before dental work.

Batya Medad

----------------------------------------------------------------------
From: Shoshana L. Boublil <toramada@...>
Date: Sun, Oct 3,2010 at 03:01 AM
Subject: Open wound vs. mikvah question

Anonymous wrote (MJ 59#45):

> I recently had a surgery on my leg with a large slow-healing wound.
> The recovery could have taken several different courses, and some of the
> possibilities made me wonder what someone would do in a mikvah situation.
> 
> If a woman has a wound that is so deep as to require gauze packing, and
> this lasts for several months ongoing, is she out of luck wrt mikvah
> attendance? Assume it is the type of open wound that medically precludes
> uncovered immersing in water (much less shared water), though showering is
> permitted.

It is not clear from the question whether taking a shower is done with some kind
of plastic cover, or if the person takes a shower and changes the bandage
immediately afterwards?

If the woman can take a shower, removing the bandage to do so and then
putting on a fresh one then there is no real issue of mikveh.  The mikvah
water is changed regularly (in many places - daily) and they also add
antibacterial solutions to the water.  If she is extremely sensitive -
perhaps she can talk to the mikvah lady and be the first one to use the
water after it's changed.

The true issue is if she is not allowed to dampen the bandaging and it takes
a medical person to change the bandage.

I came across such a case.  One rabbi responded that she has to remove the
bandage and that was that. When told that the doctor forbids it his response
was "no doctor is going to tell me what to do". The wound in this case was a
severe 3rd degree burn.

Luckily, when I heard about this, I found out that the rabbi was called by
someone else and was NOT the lady's rabbi, so we called up her rabbi and his
response was that she must most definitely wrap the wound in plastic and to
be extra careful not to get it at all wet (he gave detailed instructions on
how to wrap the wound), and then she was to immerse.

Shoshana L. Boublil

----------------------------------------------------------------------
From: Martin Stern <md.stern@...>
Date: Sun, Oct 3,2010 at 05:01 AM
Subject: Open wound vs. mikvah question

Anonymous wrote (MJ 59#45):

> I recently had a surgery on my leg with a large slow-healing wound.  The
> recovery could have taken several different courses, and some of the
> possibilities made me wonder what someone would do in a mikvah situation.
> 
> If a woman has a wound that is so deep as to require gauze packing, and this
> lasts for several months ongoing, is she out of luck wrt mikvah attendance?
> Assume it is the type of open wound that medically precludes uncovered
> immersing in water (much less shared water), though showering is permitted.
> There are several possibilities and none seems medically/religiously/maritally
> advisable:
> 
> 1. Put tegaderm over the wound and attend mikvah (ok medically, but
> religiously?)
> 
> 2. Leave wound uncovered and attend mikvah (ok religiously perhaps, but
> definitely serious infection risk medically)
> 
> 3. Keep wound well-cared-for and skip mikvah and don't engage in contact
> with husband (????)
> 
> 4. Keep wound well-cared-for and skip mikvah and do engage in contact with
> husband, within limits (????)
> 
> 5. Sterilize large tub and add boiled rain-water somehow to make a totally
> sterile mikvah, and use uncovered (????)
> 
> Any thoughts?

I do not think that, as a practical problem requiring a halachic solution,
this subject is suitable for discussion on mail-jewish but should be addressed
to a competent Orthodox rabbi. However we can discuss the various options from a
theoretical standpoint.

Option 5 would involve transgressing an extremely serious Torah transgression
since the form of immersion suggested would not be in a kosher mikvah and
therefore be completely ineffective.

Option 4 would involve the rabbinic prohibitions intended to avoid the Torah
transgression and might easily end up with the couple infringing it.

Option 3 might be technically permitted from the niddah perspective but
would probably give rise to tension and involve shalom bayit problems. It
was the only one available to Jews in hiding from the Nazis during the war
but should be avoided if at all possible.

It is not clear that option 2 is permitted since we are commanded not to
endanger our lives.

Option 1 (or something similar) might be permitted because, according to Torah
law, a chatsitsah [interposition] that is either miut [covers only part of the
body] or einah makpedet [she is not particular about it] does not invalidate the
immersion. By rabbinic law it can only be ignored if both conditions are met. If
neither is met, as is probably the case here, it is 'only' a chumra
[stringency] though one that is almost universally accepted which we do not rely
on except in extremely extenuating circumstances. Whether she could rely on this
leniency would depend on the ruling of a competent Orthodox rabbi who
can assess all the aspects of the situation, so I cannot say any more.

It is unfortunate that this lady has presented with the problem once the
wound existed. If the problem could have been foreseen before the surgery
there might have been a much better solution. While the following is only a
suggestion, and would require the decision of a competent Orthodox rabbi, a
lady expecting to have such a problem might be permitted to start taking
the contraceptive pill a few months before surgery (provided this is not
medically contraindicated) without the gaps between courses that cause
breakthrough bleeding that simulates menstruation, and continue to take them
until the wound has healed. This should have the effect of suppressing uterine
bleeding completely and obviate the problem. To avoid the problem of spotting,
the lady should make a point of wearing coloured, and not white, underwear so
that any stains, NOT arising from a sensed flow, have no halachic significance.
This might not be foolproof but should work for most women and allow normal
marital relations to continue and avoid possible shalom bayit problems. However,
before enbarking on this course, the ruling of a competent Orthodox rabbi who
has consulted with the woman's medical advisor, is essential.

Martin Stern

----------------------------------------------------------------------
From: Josh Backon <backon@...>
Date: Sun, Oct 3,2010 at 08:01 AM
Subject: Open wound vs. mikvah question

Anonymous wrote (MJ 59#45):

> If a woman has a wound that is so deep as to require gauze packing, and this
> lasts for several months ongoing, is she out of luck wrt mikvah attendance?
> Assume it is the type of open wound that medically precludes uncovered
> immersing in water (much less shared water), though showering is permitted.

First of all, a Posek would need to rule on the particular case and actually
see the wound. Chazitza of a wound is discussed in Shulchan Aruch YOREH
DEAH Siman 198. In general dry blood is chotzetz, exudate isn't. The 
Sidrei Tahara (on whether a gauze bandage is chotzetz) differentiates between a
bandage which she is "mekapedet" [hard to translate: "bothers her" ?] or not.
See also Har Zvi YD 169, Divrei Malkiel  V 108 and Divrei Chayim YD 65. In
certain instances it may be permitted to do tevila but again each case has to
checked individually by a Posek. [See also Nishmat Avraham YD 198 d"h tachboshet].

And now for the good news: you may wish to access the Israeli website
http://www.life-wave.com/ [I'm a medical consultant for this company].  I'd
recommend this device for chronic wounds plus add a peroxisome proliferator 
activated receptor [PPAR] gamma agonist with highly bioavailable resveratrol to
the diet to synergistically speed up wound healing. PEYRUSH RASHI: 2 tablespoons
of balsamic vinegar in a cup of water three times a day. Chronic wounds unhealed
for 20 years heal in 6 weeks with the device, probably 2 weeks with the added
PPAR gamma agonist, and probably in less than 1 week if another uber-cheap
component is added to the protocol. 

Last but not least (and this is meant for ALL mikva'ot those for men 
and women): drop one of these into a mikva to keep it free of bacteria and
viruses: http://www.aquasmarter.com/ and maybe eppis 2 capsules of N-acetyl
cysteine which break up bacterial biofilm through a physio-chemical rather 
than a pharmacological mechanism.

A BI GEZUNT !

Dr. Josh Backon
<backon@...>

Moderator's caution: take advice from your own doctor before embarking on any
suggested treatment.

----------------------------------------------------------------------
From: Jeanette  Friedman <FriedmanJ@...>
Date: Sun, Oct 3,2010 at 08:01 AM
Subject: Open wound vs. mikvah question

Anonymous wrote (MJ 59#45):

> 5. Sterilize large tub and add boiled rain-water somehow to make a
> totally sterile mikvah, and use uncovered (????)

 
I don't think anyone has the right, ever, to go into a mikvah with an open  
wound. In fact, it would be nice if anyone with a contagious disease, lice, 
crabs or wounds would stay away -- many people I know have gotten sick from  
going to a mikvah that wasn't carefully monitored.
 
On the other hand, back in the day, before this list, someone asked a  
question about doing mikvah on the Enterprise -- and one of the responses  
supposedly from Reb Moishe was that a single ice cube of "live" water would make  
any tub acceptable. 
 
Jeanette  Friedman 

----------------------------------------------------------------------

From: Gilad J. Gevaryahu <gevaryahu@...>
Date: Tue, Sep 28,2010 at 06:01 PM
Subject: Position from which to read haftarah 

Rabbi Elazar M. Teitz wrote (MJ 59#44):

> As to why it didn't bother the Maharal miPrague in the Alteneue shul, I would
> imagine that it was because the haftara was in all likelihood not read by the
> ba'al maftir from a chumash, but by a bal koyre from a klaf with the ba'al
> maftir standing next to him, and is thus akin to a second sefer, which is not
> read from the side.

The almemar (i.e. the bimah surrounded by wrought iron ballustrade) of the 
Altneuschul in Prague has the seats of the magbia who hold the sefer Torah 
on the side and not behind the person reading the Torah or haftarah, and as 
such it would not bother the Maharal. We therefore do not know how the Maharal
would react to cases where the sefer Torah is exactly behind the ba'al maftir.

Gilad Gevaryahu

----------------------------------------------------------------------
From: Yisrael Medad <ybmedad@...>
Date: Tue, Sep 28,2010 at 06:01 PM
Subject: Position from which to read haftarah 

I understand the "reason" for the side reading in the sense of not 
putting the Torah scroll behind you to "shame", but when the New Month 
Prayer is said, the Hazzan is always directly in the middle of the Bima 
and the Sefer Torah is directly behind him, especially if there are two, 
so, does that above reason lose is validity?

Yisrael

----------------------------------------------------------------------

From: David Tzohar <davidtzohar@...>
Date: Tue, Sep 28,2010 at 05:01 AM
Subject: Poskim on scientific questions

Eitan Fiorino recently wrote (MJ 59#44) that he would not ask for or accept a
psak on medical care from a posek medical care from a posek clueless about
science and medicine. 

I recently had to deal with this problem on a question concerning the Kashrut of
fish.

A group of  Rabbanim in Bnei Brak including R'Shteineman came out
prohibiting the eating of certain fish (sole, hake, salmon and others)
because of possible infestation with the anaxis worm. Even though this worm
had always existed, and the fish were permitted, scientists that the rabbanim
consulted said that there were many more worms than there used to be and
their life-cycle has changed, the result being that they are found more in
fish today. In halacha this is called "hishtanu hatva'im" (the natural
biological conditions have changed). 

I asked my rabbanim, R'A Rubin and R'A Tzuriel and they said "Ein Lachshosh"
(there is no reason to suspect that the fish are not kosher). They had consulted
other scientists who discounted the findings of the first scientists. Thoroughly
confused I asked R'Moshe Diamantman, a respected talmid chacham and rosh kollel
what to do. He said to me that although Rav Shteineman is a Gadol Hador [a
greater Torah scholar than the other two rabbanim], the latter were better
versed in practical halachic questions in halacha. More to the point, they know
which experts to ask. Therefore I should go according to their psak.

This of course begs another question. Aren't we supposed to go according to
the psak of our "personal" Rav? Can we ask for a second opinion? In general
I think if one has a Rav Muvhak (The rav from whom you learned most of your
Torah) you are obligated to go according to his psak. I once had a Rav
Muvhak, R'Yechezkel Daum ztzl but unfortunately I can no longer ask him
questions. So what to do? Go according to the majority of poskim? Have a
different Rav for different questions? Aseh lecha Rav (find a new Rav
Muvhak)? I have yet to find a definitive answer.
-- 
David Tzohar
http://tzoharlateivahebrew.blogspot.com/
http://tzoharlateiva.blogspot.com/

----------------------------------------------------------------------

From: Martin Stern <md.stern@...>
Date: Sun, Oct 3,2010 at 03:01 AM
Subject: Shir shel Yom

Following on from our recent discussion regarding skipping kaddish between
the Shir shel Yom and L'David Hashem Ori, I wondered over the Yamim Tovim
about whether one should say the Shir shel Yom at all on a Yom Tov since it
would appear from the Gemara that it was replaced on special days by a
different one for that specific day ("nitkalklu Leviim beshir").

While saying a mizmor may be innocuous, should one say the preamble "Hayom
yom ploni beshabbat shebo hayu haleviim omrim" [Today is the xth day of the
week on which the Leviim used to say]? One could argue that the first phrase
"Hayom yom ploni beshabbat" is perfectly in order since it might be a way of
fulfilling the mitsvah of "remembering Shabbat" but the final one is
questionable.

In any case, on Rosh Chodesh (unlike the Yamim Tovim) when most people say
Barchi Nafshi in addition to the regular Shir shel Yom one could argue that one
should run the two together without a kaddish in between to avoid the apparent
contradiction. This would not be relevant to skipping kaddish between the Shir
shel Yom and L'David Hashem ori since the latter is in no way a contradiction to
the former.

Any comments?

Martin Stern

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End of Volume 59 Issue 46