Volume 61 Number 06 
      Produced: Mon, 06 Aug 2012 16:26:05 EDT


Subjects Discussed In This Issue:

A Unique Iranian Custom?  
    [Stuart Pilichowski]
BASH 
    [Elliot Berkovits]
Concubinage revival? 
    [Yisrael Medad]
Eruv chumra (3)
    [Hillel (Sabba) Markowitz  Menashe Elyashiv  Immanuel Burton]
Kaddeshim 
    [Chaim Casper]
No Mechitza - What to do? 
    ["Stuart Pilichowski"]
Ritual hand washing after delivery 
    [Orrin Tilevitz]
Segulas and other Misrepresentations of Judaism 
    [David Tzohar]
Waiting for the Rabbi (2)
    [Martin Stern  Martin Stern]



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From: Stuart Pilichowski <stupillow@...>
Date: Thu, Aug 2,2012 at 03:01 PM
Subject: A Unique Iranian Custom? 

Re Martin Stern's further thoughts in MJ 61#05:

I know this is how halacha and observant Judaism works, as I've been FFB [see 
http://en.wikipedia.org/wiki/Frum -- Mod.] close to 60 years - I have issues with 
the emphasis today being on too many kaddeishim, looking at the clock, and all
the very important yet tiny details that have taken over Orthodoxy.

I wish the spirit of the law would take over in importance.....

Stuart
Mevaseret



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From: Elliot Berkovits <eb@...>
Date: Thu, Aug 2,2012 at 01:01 PM
Subject: BASH

In MJ 61#05, Martin Stern wrote:
 
> AFAIK this restriction only applies to passing in front of someone
> davenning shemoneh esrei. Two reasons are generally given:
>
> 1. Not to disturb that person's concentration; and
> 2. Because the Shechina 'stands' in front of such a person.
>
> As I pointed out previously (MJ 61#03), probably neither applies to
> someone who deliberately davens in places where others have to pass,
> such as aisles and doorways.

Is this not conjecture? How do we know when the Shechina appears in
front of a person? [Apologies if Martin's initial post answered this.] I
would only suggest: 'Toavas Hashem Kol Gevah Leiv' (arrogance is despised by H' --
Mod.) - and it is somewhat arrogant to daven in a location which would 
inconvenience others.

As an addendum, IMO the first reason would not be enough on its own. If
someone is davening with Kavanah (e.g. with their eyes shut), it would
appear no disturbance is being caused - they do not notice you passing
in front. Conversely, if someone is davening without Kavanah (e.g. with
eyes open, no siddur, etc.), then it would appear no *added* disturbance is
being caused - they are already disturbed enough!

Eliezer Berkovits
LANDAU MORLEY LLP
Web: www.landaumorley.co.uk
Tel: +44 (0)20 8903 5122

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From: Yisrael Medad <yisrael.medad@...>
Date: Mon, Aug 6,2012 at 02:01 PM
Subject: Concubinage revival?

>From
    http://blogs.forward.com/sisterhood-blog/160383/are-concubines-now-kosher/
====
Are Concubines Now Kosher?
By Debra Nussbaum Cohen

The chief judge of Jerusalem's rabbinical court, Rabbi Eliyahu
Abergel, recently ruled that a man may take a concubine if his wife is
unable or unwilling to bear children, and unwilling to divorce him.

According to an article in Israeli newspaper Israel haYom, Abergel
permitted the head of a major yeshiva to take a pilegesh, or
concubine, when it became clear that his wife was unable to have
children.

Abergel states that his ruling "will enable husbands to fulfill the
commandment of procreation," and that a concubine can live with the
couple or separately....
====

Any comments?

-- 
Yisrael Medad
Shiloh

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From: Hillel (Sabba) Markowitz <sabbahillel@...>
Date: Thu, Aug 2,2012 at 01:01 PM
Subject: Eruv chumra

In MJ 61#05, Orrin Tilevitz replied to me:

> Hillel (Saba) Markowitz wrote (MJ 61#03):
>
>> I know of people who will wear the tallis but will use the eruv
>> in order to push the baby carriage or carry the baby. This is not
>> a matter of "peer pressure" but of a conscious decision as to the
>> purpose of the eruv and what it is needed for. It is also considered
>> a matter of chinuch so that children will learn about the eruv and
>> understand about the halachos of carrying on Shabbos.

> I suspect at least some people push the baby carriage or carry
> the baby within an eiruv viewed as unreliable out of a misunderstanding
> of the principle of "hachai nosei et atzmo [a living being carries itself]",
> so one carrying it outside an eiruv is not considered to be carrying it.
> As was explained to me when I was young enough for it to be relevant,
> the rule applies only when the living being is capable of walking on its own.

Actually, this is not the case (at least re the people whom I have 
spoken with about it). They do not consider the eruv "unreliable," or 
they would not push the carriage or rely on it in any event. It is a 
matter of using the eruv only when it is needed and being machmir on 
themselves but not causing problems for the family.


Hillel (Sabba) Markowitz 
<SabbaHillel@...> 
http://sabbahillel.blogspot.com

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From: Menashe Elyashiv <Menashe.Elyashiv@...>
Date: Thu, Aug 2,2012 at 02:01 PM
Subject: Eruv chumra

Another "humra". Many houses are attached to a Shabbat generator, because 
their owners do not want to use Jewish-made electricity on Shabbat. However, they 
do not get enough power for all their needs - light, hot tray, and air 
conditioners. Last Friday, the guy next door asked me if we could connect his AC 
to my (treif) electricity. We could not understand why light & food need kosher 
supply, but the AC can use non-kosher supply.

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From: Immanuel Burton <iburton@...>
Date: Thu, Aug 2,2012 at 06:01 PM
Subject: Eruv chumra

Hillel (Saba) Markowitz wrote (MJ 61#03):

> I know of people who will wear the tallis but will use the eruv
> in order to push the baby carriage or carry the baby. This is not
> a matter of "peer pressure" but of a conscious decision as to the
> purpose of the eruv and what it is needed for. It is also considered
> a matter of chinuch so that children will learn about the eruv and
> understand about the halachos of carrying on Shabbos.

What is meant by "the purpose of the eruv and what it is needed for"?

I've seen this thing myself, i.e. someone with a tallis pushing a baby, and
I think it has to do with whether the tallis is needed later that day or not.
If one is going from Shul to home and one has no need for one's tallis at home
until Sunday, then does that mean that carrying it home on Shabbos is a form of
preparation for Sunday?  If so, then wearing one's tallis circumvents this issue,
as one is immediately getting the benefit of wearing the tallis as a garment.

If one is worried that one doesn't have anywhere safe in Shul to leave one's
tallis on Shabbos, may one take it home (without wearing it) for its own
protection?

Immanuel Burton.

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From: Chaim Casper <surfflorist@...>
Date: Thu, Aug 2,2012 at 05:01 PM
Subject: Kaddeshim

Martin Stern and Stuart Pilichowski wrote (MJ 61#01 and #02) about the multitude
of kaddeshim we say during davening.

For example, Stuart said, "Most people practice the tradition of reciting all 
possible kaddishes and don't focus or even care what the strict letter of the 
law states."  Martin said, "I have noticed a tendency to increase the number of 
kaddeishim, especially because Artscroll prints them in places where they are 
not strictly required."

Where and how often kaddish should be said is a mahloket (dispute) between the 
Kitzer Shulhan Arukh (KSA) and the Mishneh Brurah (MB).  The KSA says we should 
be "marbeh" kaddeshim (increase the number of times we say kaddish) whereas the 
MB says we should be "m'ma'et" kaddeshim (decrease the number of times we say 
kaddish).   

An upcoming example: (Rosh Hodesh) Elul 1 this year (2012) will occur on Sunday.
That means our davening will end with Aleinu, the Shir Shel Yom (the Psalm for
Sunday), Borkhi Nafshi (the Psalm said on Rosh Hodesh) and L'David (the Psalm
said from Elul 1 until Shmini Azeret).   Everyone agrees we say a kaddish after
Aleinu (per the RaM"A).   But the KSA would have us say kaddish after Shir Shel
Yom, after Borkhi Nafshi, and after L'David, too.   On the other hand, given his
druthers, the MB would rather we say kaddish only once, only after L'David.   To
put it thematically: the MB is worried about tirha d'zibura (inconveniencing the
majority) while the KSA is concerned with the rights of the individual.

Stuart is right to say there is an intense emotional aspect to saying kaddish, 
to which I would humbly add especially if the mourner doesn't know how to serve 
as shaliah zibbur (davening leader) or learn in memory of the deceased, both of 
which are preferable to saying kaddish.   But if the mourner only knows how to 
say kaddish, who are we to object to their saying numerous kaddeshim if that is 
the only way they can express their mourning, especially if they have a source 
to rely on?

B'virkat Torah,
Chaim Casper
North Miami Beach, FL

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From: "Stuart Pilichowski" <stuart@...>
Date: Mon, Aug 6,2012 at 06:01 AM
Subject: No Mechitza - What to do?

Here's the scenario: Arrive at shul for Eichah and Kinnot Saturday night.
Someone took the portable mechitzah. Now there's no mechitzah. We have a
very small minyan of about twenty. Two women arrive.

What to do? Ask them to leave, because we have no mechitzah . . . . or stay
with us, but seated in the back where you'll be to yourselves?!?!?

Remember, in asking them to leave, they would not go elsewhere and they
would frankly be insulted.

Are Eichah and Kinnot required to be read to an audience with a mechitzah?

Stuart Pilichowski

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From: Orrin Tilevitz <tilevitzo@...>
Date: Fri, Aug 3,2012 at 09:01 AM
Subject: Ritual hand washing after delivery

A young lady of my acquaintance, having just given birth in Laniado Hospital,
was brought a washing cup with water and instructed to use it. Has anyone heard
of this practice or its basis? The obvious answer is that giving birth causes a
woman to become ritually impure. It is also obviously wrong because that sort of
impurity is cleansed only by immersion in a mikveh.

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From: David Tzohar <davidtzohar@...>
Date: Mon, Aug 6,2012 at 08:01 AM
Subject: Segulas and other Misrepresentations of Judaism

In MJ61#05 Marshall Gisser decries the use of segulot and calls them
"a misrepresentation of Judaism". He quotes Rambam as a source, but the
Rambam is practically a lone opinion among the rishonim. The Talmud of
course is full of segulot and the use of amulets, not to mention
sheidim (goblins) and other manifestations of the spirit world. This
may make moderns uncomfortable, but it is certainly not a
misrepresentation of Judaism but is rather a part of Judaism.

-- 
David Tzohar
http://tzoharlateivahebrew.blogspot.com/
http://tzoharlateiva.blogspot.com/

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From: Martin Stern <md.stern@...>
Date: Thu, Aug 2,2012 at 06:01 PM
Subject: Waiting for the Rabbi

Menashe Elyashiv wrote (MJ 61#05):

> After hearing complaints that he makes everyone wait for him in his Yamim
> Noraim Amida, he told us not to wait for him to finish.

Our first rabbi asked us not to wait for him on weekday mornings because he
wanted to daven a long shemoneh esrei. He realised that his alternative was
to daven faster so as not to inconvenience the congregation, something he
did not want to do. His successor took the other approach and asked us to
wait for him but finished so quickly that he was one of the asarah rishonim
[first ten] so it didn't really matter. It was only with a later incumbent
that matters became difficult - he expected everyone to wait for him to
finish his extremely-extended shemoneh esrei. Which of the three fitted my
previous criteria (MJ 61#05) should be fairly obvious.

Martin Stern

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From: Martin Stern <md.stern@...>
Date: Sun, Aug 5,2012 at 06:01 AM
Subject: Waiting for the Rabbi

Menashe Elyashiv wrote (MJ 61#05):

> In general, I do not wait for the Rabbi ... After hearing complaints that he
> makes everyone wait for him in his Yamim Noraim Amida, he told us not to wait
> for him to finish.

While there is a custom to wait for the communal rabbi, he is of course
entitled to forego this honour where it causes difficulties for the
congregation, especially on weekdays when they must get to work on time.

A problem arose recently when the rabbi was away but we were graced with the
visit of a rosh yeshiva who was honoured with sitting in the mizrach [front
row next to the rabbi's empty seat]. His davenning was very extended, as
would have been appropriate in his yeshiva, and the shliach tzibbur wanted
to wait for him, even though almost everyone else had finished and some
people were getting rather fidgety. Presumably the rosh yeshiva was unaware
of being so honoured or he might have told him not to do so, but the delay
certainly meant many members were severely inconvenienced.

Was the shliach tzibbur correct in waiting for him?

Martin Stern

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End of Volume 61 Issue 6