Volume 6 Number 34

Subjects Discussed In This Issue: 

Accessing Israeli Journals
         [Riva Katz]
Chuppat Niddah
         [Aryeh Frimer]
         [Nachum Issur Babkoff]
Hora'as Sha'a (3)
         [Yosef Bechhofer, Kibi Hofmann, Frank Silbermann]
Kosher food available in Tulsa, Oklahoma
         [Yehuda Berenson]
Returning a stolen item
         [Nelson Pole]
Stealing Land in Erez Yisrael
         [Shaul Wallach]


From: <RKATZ@...> (Riva Katz)
Date: Mon, 8 Feb 93 09:29:42 -0500
Subject: Accessing Israeli Journals

Does anyone know how I can access journals from Israeli libraries on
Internet?  I am also interested in the address for the Bedouin Institute
in Beersheva.  I am writing my thesis about the role of women in Bedouin
culture with respect to animal health and veterinary care.  If anyone
knows how I can get more information on this subject, please let me

riva katz         <rkatz@...>


From: Aryeh Frimer <F66235@...>
Date: Sun, 7 Feb 93 18:17:27 -0500
Subject: Chuppat Niddah

Charles Abzug's recent post should be modified to the effect that we do
not pasken like the Rambam; rather a Chupat Niddah (a marriage ceremony
when the bride is a menstruant or has yet to go to the Mikvah) is indeed
valid. (My major point was that the Chuppah need not lead to Piriah
ve-Rivya only to sex (and even that only eventually)). For a Bride who
is a Niddah, the wedding does indeed go on, but there is no Yihud, since
the couple is forbidden to be alone together until the bride eventually
goes to the Mikvah. If this issue affects anyone Halacha Le-Ma'aseh,
Please consult your local Halachic Authority, since the Chuppah and
subsequent post-Chuppah pre-Mikvah days are a bit tricky.


From: <babkoff@...> (Nachum Issur Babkoff)
Date: Thu, 4 Feb 93 18:22:57 +0200
Subject: Re: Hatmanah

Ezra Tanenbaum responded to my question concerning Hatmana, and I would
first of all wish to thank him. 
My purpose, however, was for sources! I realize that if I look up in the
Shulchan Aruch, Chap. 318 ("shin yud chet" :-), I would find the BASIC
hallachot of hatmna. What I want to know, is precisely how you define
"wrapping up a pot". Does that mean DIRECT contact, and if so, where did
you see this? Do you know of any specific modern t'shuvot that refer to 
this particular issue?
                                  Nachum Issur Babkoff


From: <YOSEF_BECHHOFER@...> (Yosef Bechhofer)
Date: Sun, 7 Feb 93 19:58:10 -0500
Subject: Hora'as Sha'a

        A good dicussion of hora'as sha'a is found in the Kol Kisvei
Maharatz Chiyus.He notes that a true hora'as sha'a may only be made by a
Navi or Sanhedrin. All other usage of the terminology is borrowed and
not accurate. The same would apply to RSR Hirsh's approach according to
Reb Baruch Ber - it was of course not truly assur, but an approach
frowned upon by Reb Baruch Ber, but OK for Germany.

From: Kibi Hofmann <hofmanna@...>
Date: Mon, 8 Feb 93 09:41:50 -0500
Subject: Re: Hora'as Sha'a

>				Rav Baruch Ber, while recognizing Rav
>Hirsch's stature (he refers to him as the Tzaddik from Frankfurt) comes
>to the conclusion that Rav Hirsch's views are in the realm of a Horaat

This line has been used a number of times (by people who are *not*
followers of Rav Hirsch but who are also not prepared to say he was
wrong, given his known stature) but Rav Breuer of the 'Breuers'
community (and I think a descendant of Rav Hirsch) has stated
categorically that it was not a judgement for that situation but rather
a clear path for how a person ought to conduct his life - based on
sources from the mishna on.

From: Frank Silbermann <fs@...>
Date: Mon, 8 Feb 93 08:09:23 -0500
Subject: Hora'as Sha'a

In discussing Horaat Shaah, Bruce Klein (Vol. 6 #33) cites:

> Rav Baruch Ber comes down firmly against secular education
> but is clearly troubled by the position of Rav Shimshon Raphael Hirsch
> whose views allowing/encouraging secular education were well known.
> Rav Baruch Ber ...  comes to the conclusion that Rav Hirsch's views
> are in the realm of a Horaat Shaah.  That is, given the intellectual
> and social fabric of Germany at that time, it was necessary
> for Rav Hirsch to rule as he did on secular education but this
> should not be taken as a general psak for all places and all times.

Can anybody cite anything Rav Hirsch himself said that would support Rav
Ber's interpretation?  This would seem to demand discussion of the
characteristics of a society for which secular education is/isn't
appropriate.  Any references?

Frank Silbermann	<fs@...>
Tulane University	New Orleans, Louisiana  USA


From: Yehuda Berenson <BEREN@...>
Date: Sun, 7 Feb 93 10:12:23 -0500
Subject: Kosher food available in Tulsa, Oklahoma

I am requesting information for a speaker at the 23rd Annual Scholars
Conference dealing with the Holocaust (as part of the general theme on
the German Church struggle) between the 5th and 9th of March at the U. of
Tulsa in Tulsa, Oklahoma as to what kosher foods might be available &
where to find them. Mrs. Gloria Mound would be grateful for any advice
on the subject. Kindly respond to my above address.

Yehuda Berenson, The Holon Centre for Technological Education


From: <R0731@...> (Nelson Pole)
Date: Mon, 8 Feb 93 15:40:07 EST
Subject: Re: Returning a stolen item

Ben Svetitsky compares the positive mitzvah of sending away the
mother bird to the positive mitzvah of returning a stolen item.
My wife, Susan, and I discussed whether one could do the latter
deliberately as means of giving 'charity' to one who would not
otherwise accept it.  Suppose there is such a person.  Could you 'steal'
something of theirs and then return it and pay them a fine.  The
issue is whether one can 'steal' if the intention is to return the
'stolen' item?  Does anyone know of a discussion on this point?
--Nelson Pole


From: Shaul Wallach <F66204@...>
Date: Thu, 4 Feb 93 14:34:54 -0500
Subject: Stealing Land in Erez Yisrael

     I realize this question has serious political implications, but
I would nevertheless like to see a discussion of it from a strictly
halachic point of view.

     One of my friends, a rabbi in Benei Beraq, recently publicized
plans to erect a new Orthodox settlement in the Western Galilee between
Acco and the Arab town of Sakhnin (Sikhnin). I have given some thought
to joining him in this venture, but in addition to certain practical
difficulties, a halachic question arose in my mind.

     The question is whether erecting such a settlement might
involve gezel qarqa` (stealing land) that formerly belonged to
Arabs until 1948. Some reading of the subject revealed that large
tracts of land near Arab villages in the Galilee were expropriated
by the Israeli government and transferred to the Keren Kayemet
(Jewish National Fund) in the early years of the State of Israel,
for the future building of Jewish settlements. In many cases the
Arab tenants objected and brought suit, but even rulings by the
Israeli Supreme Court did not prevent the expropriations. Many
former Arab tenants refused to accept compensation in the hope
of returning to their land. I remember that when the settlement
of Emmanuel was built, the developers made a point of actually
buying the land from the former Arab owners, possibly to avoid
such problems. In my mind, the problem has the following aspects:

1) Does land in Erez Yisrael fall under the prohibition of gezel
   hagoy (stealing from a non-Jew)?

2) If so, what evidence does the Arab have to bring to prove that
   the land is his? Is the fact that he had lived there or worked
   the land for at least 3 years enough to establish a valid claim
   (hazaqa)? Would Ottoman records still be recognized?

3) Does the title to the land that the Jewish National Fund took
   for themselves annul the previous claim (hazaqa) the Arabs had
   to the land?

4) If the former Arab owners never accepted compensation, does it
   mean that they have not yet given up hope of regaining the land,
   even though they might not still be actively challenging the JNF's
   possession in court?

5) Should the current developers try to find the former owners and
   compensate them, or would this be counterproductive lest the
   latter refuse to accept compensation?


Shaul Wallach   <f66204@...>


End of Volume 6 Issue 34