Volume 8 Number 33

Subjects Discussed In This Issue: 

Aliyot and money
         [Danny Nir]
Carrying on Shabbot
         [Rachamim Pauli]
Eretz Yisrael
         [Rachamim Pauli]
Making Wills
         [Stephen Phillips]
Modest Girls
         [Ezra L Tepper]
Need info ASAP(!!) on some Israeli yeshivot
         [Yaakov Kayman]
Rav Goren and Tish'a Be-Av
         [Benjamin Svetitsky]
Requirement of Mezuzah
         [Joseph Greenberg]
The height of Og, King of Bashan
         [Immanuel O'Levy]
Vaad HaHatzolo
         [Kibi Hofmann]
Water rights
         [Yosef Bechhofer]


From: Danny Nir <CERARMN@...>
Date: Sun, 18 Jul 93 20:14:50 IST
Subject: Aliyot and money

    Actually, I understand that making donations after and Aliya was a
universally accepted custom (at least for Ashkenazim) until the Young
Israel movement banned it in one of their first meetings.

Danny Nir


From: <eisenbrg@...> (Rachamim Pauli)
Date: Tue, 13 Jul 93 17:47:45 -0400
Subject: Carrying on Shabbot

In two issues the latest being Volume 7/90 Alan M. Gallatin asks about
what defines a public and private domain. As of my own update (7/99 of
June 24th) I saw no responce, I would like to comment now before the
issue gets buried with age while I update myself.  I can recommend two
comprehensive works in English by Rabbi Shimon D. Eider of Lakewood NJ -
halachos of Shabbos and Halachos of the Eruv.  Also Volume 3 of the
Mishnah Breura and The Code of Jewish Law (COJ)by Ganzfried (translated
by Goldin) Chapters 81 thru 83. --- I will try to define the four
domains here --- but as to whether or not carrying can be carried out in
a specific town or not will depend on many factors such as: does it have
a natural Eruv like Messada which is surrounded by cliffs or a small
ilse which is surrounded by water and only accessed by ferry. In any
event - with topographical maps, detailed photos, etc. your local
orthodox rabbi should be consulted.
  1) Private Domain is defined by an area no smaller than 16 inches
(COJ) and surrounded by a partition (or trench) noless than 10
handbreaths high or deep - about 40 inches.
 2) COJ defines a Public Domain of not less than 16 cubits sq.(24 sq
ft). Alleys leading to such a place are sometimes considered public
domain. There are different opinions of Rabbis regarding places where
less than 600,000 people pass through daily - COJ adds "However, thea
G-D fearing should follow the more stringent view.
 3) Karmelith - which is neither a public or private domain - fields,
streams which are over 40inches deep, desserts, etc.
 4) An exempt place - a place in a public domain which is 3 or more
handbreaths in height (12inches) but is not measuring 4 handbreaths sq
(see above) or other requirements which would make it a private domain
(like a plank over 10 handbreaths high, etc.) is exempt.

- Rachamim Pauli


From: <eisenbrg@...> (Rachamim Pauli)
Date: Tue, 13 Jul 93 17:47:41 -0400
Subject: Eretz Yisrael

In Vol 8/3 Larry Israel writes (my paraphrasing a question) Who holds
that it is impossible to give up parts of the land of Israel for peace
and not selling the land for Shmita? The two groups that I know of are:
Poali Agudat Yisrael and the Lubavitch Movement.

- Rachamim Pauli


From: Stephen Phillips <stephenp@...>
Date: Wed, 14 Jul 93 13:17 GMT0BST-1
Subject: Making Wills

I am an English lawyer and one of my fields of work is the drawing up of

I attend a weekly Gemorah Shiur and we are presently learning Perek
"Yesh Nochlin", the 8th chapter of Baba Basra. It's all about
inheritance, and we have just been learning the part that deals with the
priorities in inheritance, the laws themselves drawn mainly from the
question raised by the Daughters of Tzelofchod.

The Halocho seems to be clear that if a man dies leaving sons, then
those sons inherit his estate to the total exclusion of his wife (apart
from what she is entitled to be way of maintenance out of the son's
inheritance) and any daughters he may have had.

If a man dies leaving no sons, buy does leave daughters, then the
daughters inherit his estate, again to the exclusion of his wife.

It would seem, therefore, that if a man made a will leaving his estate
to his wife (very common nowadays) or to both his sons and daughters,
then such a will would be contrary to the Halocho and, whilst it would
be valid in secular law, would be invalid in Jewish law.

It was mentioned in our Shiur (which is given by Rabbi Hool of
Kingsbury) that there may be ways of making lifetime gifts to one's wife
or daughters that would not fall foul of the Halocho. The question is
how might one effect this. It cannot be in the Will itself, because a
Will (at least according to English law) is a document that only has any
legal effect from the moment of death. So any gifts in the Will that are
expressed to be made retroactively to a period before death (even a few
minutes) could not, as far as I can discern, be valid.

There is a principal in English law called "Donatis Mortis Causa" which
arises when someone makes a gift to another in contemplation of
(although not necessarily in expectation of) death. The gift only takes
effect on death and is revocable during the person's lifetime.  Gifts of
chattels are probably quite easy to effect, and in such a way as to
satisfy both secular law and the Halocho. Real property, on the other
hand, may be more difficult, although I would imagine that the problems
are not insurmountable.

So, are there any lawyers out there who have dealt with this question
before, and if so, how was it dealt with? I wonder how many people
realise that there are Halochos on this point and how many people have
just gone ahead and made wills in ignorance of the Halocho (as, indeed,
I did).

Stephen Phillips.


From: Ezra L Tepper <RRTEPPER@...>
Date: Wed, 14 Jul 93 10:22:09 +0300
Subject: Modest Girls

The readers might be interested in knowing that there is an ancient
Babylonian relief depicting the exile of the Jewish residents of (I
think) Hatzor. It shows a long line of women with scarves completely
covering their heads and hanging down their backs to the waist. (They
were wearing skirts reaching nearly to the ground and sleeves showing
the lower part of the arm, but not the elbow). Next to the women were
much smaller varieties of the same, with exactly the same garments and
hair covers. Because of the low stature of the accompanying girls, I can
only conclude that they were below bas mitzvah age. Hair covering was
obviously important in ancient times for women -- old and young. I also
assume the long hair covers were to hide the women's hanging braids.

Ezra Tepper <RRTEPPER@...>


From: Yaakov Kayman <YZKCU@...>
Date: Sun, 18 Jul 93 21:30:33 EDT
Subject: Need info ASAP(!!) on some Israeli yeshivot

My 17-year-old son Gershon, who has already been accepted to YU for the
Fall semester, is now *seriously* thinking about instead spending a year
in any one of several Israeli yeshivot: THIS coming year, and the
"z'man" begins Rosh Hodesh Elul, about a month away. He's bright, and so
will probably be accepted even at this extremely late date, but I do
need some information as soon as any mail-jewish subscriber with
knowledge of these yeshivot can provide it.

    The yeshivot in question are Sha'ar Yerushalayim, Ohr Yerushalayim,
Mevaseret Tziyon, and Merkaz HaTorah (not Merkaz HaRav).

Shabbat shalom,

Yaakov K. (Internet: <yzkcu@...>  Bitnet:yzkcu@cunyvm.)


From: Benjamin Svetitsky <FNBENJ@...>
Date: Thu, 15 Jul 93 01:39:39 -0400
Subject: Rav Goren and Tish'a Be-Av

I remember reading here that Rav Goren holds a Tish'a Be-Av service on
the Temple Mount.  Can anyone supply details pertaining to this next
Tish'a Be-Av --- when, where, what?

Ben Svetitsky        <fnbenj@...>


From: Joseph Greenberg <72600.225@...>
Date: 15 Jul 93 09:03:33 EDT
Subject: Requirement of Mezuzah

Regarding the Mitzva of Mezuzah, I happened to just ask my LOR yesterday
about the chiyuv, and the 30-day grace period only applies to rentals,
because when renting there is an assumption that under 30 days, you
might change your mind about the place, and move.  Furthermore, and more
interesting to me, was the fact that I was laboring under the assumption
that a) a Jewish home seller must leave mezuzot for a Jewish buyer; and
b) that the chiyuv starts immediately upon acceptance of ownership, on
all doorposts that ultimately require a mezuzah.
   I had always thought that if a seller (or for that matter a landlord
or pervious occupant in a rental) knew that a Jew was moving in next,
they were required to leave _a_ mezuzah. In this view, I have erred
twice - one, if you need to leave one, you need to leave all of them -
there is no such thing as putting one on the front door and the others
when you get to them. Two, the choice is the seller's, not the buyer's.
If the seller leaves them, he can expect reasonable payment for them. If
the buyer refuses to pay, the seller may remove all of them - it is not
his chiyuv anymore. My Rav indicated that in the case of a deal between
two shomer mitzvot people, it is preferable to refer to this issue in
the purchase agreement - I wonder if you could tack the expense onto the
mortgage amount??
   Also, he mentioned another issue (not related to mezuzah) that
sometimes comes up - assuming another person's mortgage (which can still
be done with certain types of loans) can cause serious concerns from a
heter iska [permission to conduct business, sort of] perspective. These
(if applicable) of course require competent halachic intervention.


From: <imo@...> (Immanuel O'Levy)
Date: Mon, 19 Jul 93 03:18:57 -0400
Subject: The height of Og, King of Bashan

A few weeks ago we read the Og, King of Bashan, was 9 cubits high and 4
cubits wide.  Rashi there comments that these were Og's cubits, i.e. he
was 9 of his own cubits high.  This means that Og was somewhat
disproportionatly formed.

The length from my elbow to the tip of my middle finger (my cubit) is
eighteen inches.  If I were 9 of my cubits high, I would be 13.5 feet
tall, but my arms would be the same length they are at 6 feet.
Secondly, the length across my shoulders is just over 18 inches.  So, if
I were formed according to the description given for Og, I would 13.5
feet tall and 6 feet wide, but my arms would be the same length as if I
were only 6 feet tall and about 1.5 feet wide.

I have looked in the commentaries for anything about this but have not
been able to find anything.  Can anyone shed any light on the somewhat
strange measurements given for Og?  Thanks.

Immanuel M. O'Levy.


From: Kibi Hofmann <hofmanna@...>
Date: Thu, 15 Jul 93 12:22:36 -0400
Subject: Re: Vaad HaHatzolo

A very moving book is "Thy Brother's Blood" I think by ArtScroll which
has various accounts of  the valiant men and women working in the Vaad
during the war.
Good Shabbos


From: <sbechhof@...> (Yosef Bechhofer)
Date: Tue, 13 Jul 93 17:48:40 -0400
Subject: Re: Water rights

Water rights are discussed extensively in the second chapter of Bava
Bathra, on which the Soncino is available, and the relevant section in
the Rambam, Hilchos Shechenim in the Book of Kinyan, on which I believe
English is avaialble as well.

Yosef Bechhofer


End of Volume 8 Issue 33