Avodah Mailing List

Volume 04 : Number 189

Wednesday, December 15 1999

< Previous Next >
Subjects Discussed In This Issue:
Date: Wed, 15 Dec 1999 11:22:58 -0500
From: j e rosenbaum <jerosenb@hcs.harvard.edu>
Subject:
men who don't like women


On Wed, Dec 15, 1999 at 10:22:20AM -0500, richard_wolpoe@ibi.com wrote:
> imho - it is equally cruel to give up hope and tell those shochvei zocho who CAN
> change well why bother, science says you can't.  To me, perpteuating the sicne 
> of the 1990's that says ALL those into Mishkva Zohor are stuck beyond repait is 
> pseudo-scinece and sheker.

no one claims that people who are "into" mishkav zachor can't change, just
that men who like men but not women can't.  (if they like women in the
first place, there's no problem since of course they can date women instead 
of men.)

even among people who have no prohibition against mishkav zachor, i'm
told that homosexuals do not necessarily engage in it.  all the moreso
that frum homosexuals wouldn't, since there is a prohibition.

> How can you tell which Min Shocheiv Zochor is which?  I would recommend each 
> case be handle on an individual basis, and to avoid sweeping generaliztions 
> (including many of my own! <smile>) 

i agree with this, conditional on the individual being given lattitude in
determining what he is interested in.  one year in therapy, fine:  maybe
he is confused about his feelings.  more than that, and it seems excessive, 
inappropriate (the nature of the therapy really isn't tsanua), and likely 
to result in self-hatred and/or distancing from frumkeit.

janet


Go to top.

Date: Wed, 15 Dec 1999 18:34:14 +0200 (IST)
From: Eli Turkel <turkel@math.tau.ac.il>
Subject:
Tur


> Be that as it may, I believe Breslov, for all their emphasis on hisbodedus,
> is superficial as the rest. In Sha'alvim, i once witnessed the tragic
> descent of one of the brightest member of our shiur into Breslover
> Chassidus. From a brilliant analytical approach he ended up learning Tur
> Beis Yosef large amounts of time because the Beis Yosef was written b'ruach
> hakodesh.
> 

I am not sure where it comes from that it was written beruach hakoseh.
I have only seen that that R. Karo learned Mishna with an angel which is
not the same.

In any case, I don't understand what is wrong with concentrating on the
Tur and Beis Yosef. It is said that Chazon Ish spend much of his youth
studying Tur and beis Yosef and others claimed that because of that
he would never amount to anything!

Eli Turkel


Go to top.

Date: Wed, 15 Dec 1999 11:40:05 -0500 (EST)
From: micha@aishdas.org (Micha Berger)
Subject:
Re: Women at funeral


It's considered a threat to the v'lad for a pregnant woman to attend a
funeral. We're noheig not to announce pregnancies birabbim until after the
first trimer. I wonder how a pregnant woman in her first trimester would avoid
attending and yet avoid insulting the aveilim?

Perhaps if no women attended, these women wouldn't be announcing anything by not
going either???

-mi

-- 
Micha Berger (973) 916-0287          MMG"H for 15-Dec-99: Revi'i, Vayigash
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Pisachim 84a
For a mitzvah is a lamp, and the Torah its light.         Melachim-II 8


Go to top.

Date: Wed, 15 Dec 1999 18:41:31 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Re: Pesach Query


On 15 Dec 99, at 9:37, Yosef Gavriel and Shoshanah M wrote:

> We, IY"H will be in EY for Pesach with my in-laws and other assorted family
> members. We are looking for a mehadrin hotel, reasonable, for a rather large
> family group, could be up to thirteen adults, at least nine, and up to
> sixteen children, at least eleven. We only need this for the Yom tov Rishon,
> Sheni shel Galuyos, and Shabbos. A converted yeshiva or seminary is fine. We
> would very much appreciate leads and directions. Thank you very much!

My inlaws spend Pesach every year (except for the Seder night) at 
Moshav Shoresh, which is about ten minutes outside 
Yerushalayim. The hotel is Mehadrin, and does not cook gebroks, 
although if you want to use hand matzo you have to bring your own 
(they only serve machine). The prices are quite reasonable. If you 
are a large enough group, they may even give you your own dining 
room for the Seder (or Sdorim in your case); I'm not sure how they 
decide who gets the smaller dining rooms. 

My mother in law tells me that there are always Americans staying 
there for an eighth day of Pesach so that should not be a problem, 
although I gather from your letter that the Yom Tov Sheini you are 
talking about is the first Yom Tov Sheini. 

If you would rather be in the city, your best bets are the Pension 
Reich in Beit HaKerem, or the Mercaz Hotel in the middle of town 
(it's been closed since Succos for remodelling), but my guess is 
that either of those will be more expensive.

-- Carl


Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

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


Go to top.

Date: Wed, 15 Dec 1999 11:46:46 -0500
From: "Michael Poppers" <MPoppers@kayescholer.com>
Subject:
Re: Lashon Nikiy'ah


In Avodah 4#188, MBerger wrote:
> Personally, I don't see why there's discussion about RYGB's request. <
I can immediately (as in "I haven't looked the m'koros up" :-) think of
one: this *isn't* an issue of using a loshon noki (e.g., as per CMarkowitz,
"Einenah Tahor" as opposed to "Tamei"), which represents a different&better
way of saying the same thing.  Dr. Press is correct -- the act we call
"mishkav zochor" != homosexuality -- and using loshon haKodesh clearly !=
using loshon noki.  Seems to me (and I invite correction!) that YGBechhofer
is actually requesting that we *disguise* mature topics by using subject
lines that minors will not comprehend and/or find noteworthy -- while quite
subjective (pun intended), such an aim is worthy, but I don't think it's
the same as requesting loshon n'kiyah, which also applies to terms which
will be scanned by adults.

All the best from
Michael Poppers * Elizabeth, NJ


Go to top.

Date: Wed, 15 Dec 1999 12:00:36 -0500
From: "Markowitz, Chaim" <CMarkowitz@scor.com>
Subject:
RE: Lashon Nikiy'ah


	Technically you might be right which is why I wrote "I would liken
it to the gemara's discussion in Pesachim...".
My point being that although technically you could differentiate between the
two cases,you could still extrapolate to this particular case. 
> -----Original Message-----
> From:	Michael Poppers [SMTP:MPoppers@kayescholer.com]
> Sent:	Wednesday, December 15, 1999 11:47 AM
> To:	micha@aishdas.org
> Cc:	avodah@aishdas.org; YGB@AishDas.org; mpress@ix.netcom.com;
> CMarkowitz@scor.com
> Subject:	Re: Lashon Nikiy'ah
> 
> 
> 
> In Avodah 4#188, MBerger wrote:
> > Personally, I don't see why there's discussion about RYGB's request. <
> I can immediately (as in "I haven't looked the m'koros up" :-) think of
> one: this *isn't* an issue of using a loshon noki (e.g., as per
> CMarkowitz,
> "Einenah Tahor" as opposed to "Tamei"), which represents a
> different&better
> way of saying the same thing.  Dr. Press is correct -- the act we call
> "mishkav zochor" != homosexuality -- and using loshon haKodesh clearly !=
> using loshon noki.  Seems to me (and I invite correction!) that
> YGBechhofer
> is actually requesting that we *disguise* mature topics by using subject
> lines that minors will not comprehend and/or find noteworthy -- while
> quite
> subjective (pun intended), such an aim is worthy, but I don't think it's
> the same as requesting loshon n'kiyah, which also applies to terms which
> will be scanned by adults.
> 
> All the best from
> Michael Poppers * Elizabeth, NJ
> 


Go to top.

Date: Wed, 15 Dec 1999 19:04:51 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Re: Women at funeral


On 15 Dec 99, at 11:40, Micha Berger wrote:

> It's considered a threat to the v'lad for a pregnant woman to attend a
> funeral. We're noheig not to announce pregnancies birabbim until after the
> first trimer. 

Does "we" mean you and your wife or are you referring to a general 
minhag? If it's a general minhag, do you have a source? WE 
(meaning my wife and I) don't tell anyone during the first trimester, 
except that our older kids are sharp enough that they tend to figure 
out for themselves the first time they see Adina eating on a taanis 
(or in BY's case with the most recent pregnancy, he suspected 
when only I went in to his MRI when Adina was still early in the first 
trimester). We never make public announcements.

I wonder how a pregnant woman in her first trimester would avoid
> attending and yet avoid insulting the aveilim?

Sudden cold or flu :-) 

> Perhaps if no women attended, these women wouldn't be announcing anything by not
> going either???

Yes, but somehow I don't think that's the source for the minhag.

-- Carl


Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

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


Go to top.

Date: Wed, 15 Dec 1999 12:05:32 -0500
From: "Daniel B. Schwartz" <SCHWARTZESQ@WORLDNET.ATT.NET>
Subject:
Re: Mishkav Zachor


I have not participated in this discussion as I feel that I have nothing to
add to it.   I am however appaled by the treatment R. Bechhoffer has
recieved as a result that we list members take a very small step to insulate
his children from what he, their parent, deems inappropriate for them.  I
and my wife watch television.  My sister does not.  When her children visit
us, no matter for how long a time, save for the video of our wedding, the tv
stays off out of respect for the way my sister wishes to raise her children.
Obviously I would never go to my sister's house with  a portable tv in hand
either.  Our e-mail enters R. Bechhoffer's home (i.e. it is "portable tv"
alluded to) he deserves to be able to control it's entry.  Additionally, has
he not earned enough of our respect to be able to make this request?

----- Original Message -----
From: Yosef Gavriel and Shoshanah M. Bechhofer
<sbechhof@casbah.acns.nwu.edu>
To: <avodah@aishdas.org>
Cc: Micha Berger <micha@aishdas.org>
Sent: Wednesday, December 15, 1999 10:29 AM
Subject: Mishkav Zachor


> They do not see the text. I ask, and continue to ask, that you change the
> headings.
>
> While I cannot accept the content of your message, I do not wish to enter
> this debate, as you know I feel this ia not the forum for it, so I leave
off
> for now.
>
> Again, please change the subject. Talk of what you will, but remember the
> sugya at the beginning of Pesachim about lashon nekiya. (DY learners cf
> Yevamos 11b).
>
> Thank You,
> YGB
>
> Yosef Gavriel Bechhofer
> Cong. Bais Tefila, 3555 W. Peterson Ave., Chicago, IL 60659
> http://www.aishdas.org/baistefila    ygb@aishdas.org
>
> ----- Original Message -----
> From: Mark Press <mpress@ix.netcom.com>
> To: <avodah@aishdas.org>
> Cc: <sbechhof@casbah.acns.nwu.edu>
> Sent: Wednesday, December 15, 1999 8:44 AM
> Subject: Homosexuality
>
>
> > I must take strong exception to Rabbi YGB's request, despite my great
> > respect for him.  Homosexuality is NOT Mishkav Zachar and that is
> precisely
> > why the correct term must be used.  Some people with homosexual
> inclinations
> > engage in mishkav zachar, and many frum ones do not.  Mishkav zachar is
a
> > chiyuv misah, homosexuality is not.  It is precisely the tendency to
> confuse
> > the two which adds to the problems of committed Jews who are struggling
> with
> > the conflict between their emotional inclinations and the Torah's
demands.
> > As to why we are having this general discussion, surely it indicates
that
> > even members of this list have differing opinions on the matter and are
> > subject to confusion and error in dealing with it.  If discussion of
these
> > matters is problematic for one's children, then perhaps we should
exercise
> > our role as mechanchim and not let them look at postings without out
> > approval.
> >
>
>


Go to top.

Date: Wed, 15 Dec 1999 12:13:13 -0500
From: "Mark Press" <mpress@ix.netcom.com>
Subject:
Re: Avodah V4 #188


RYGB's original request did not appear to be addressed only to subject
lines.  If that is what he meant, we can do even better by simply letting
our mailer fill in Re: Avodah #... I certainly have no objection to that,
but RYGB seems to have objections that go much further.
As to Micha's comment about l'shon nkiah, that is only relevant when the
alternative terms mean the same thing and are not equally unobjectionable. I
assert that neither applies in this case.  I have already made my case about
non-equivalence, and I see no reason to consider mishkav zachar less
distasteful than the English term.  In fact, it is clear that mishkav zachar
is not less distasteful; the English equivalent of that term is far more
objectionable (I will not use it because I agree that there is no point in
using such terms unnecessarily).
I must admit that I find it puzzling why we should suddenly be asked to
avoid discussion of an issue which is far more important in many ways than
most of the issues discussed here and not less in need of sophisticated
analysis from a Torah perspective.

Melech
M. Press, Ph.D.
Professor of Psychology, Touro College
mpress@ix.netcom.com or melechp@touro.edu


Go to top.

Date: Wed, 15 Dec 1999 12:16:55 -0500
From: gil.student@citicorp.com
Subject:
Re; Mishkav Zachar


Re: Curing homosexuals.  There was an excellent article a few years ago in the 
Jewish Action about this topic and it is published in the Jewish Action reader. 
The article reviews some of the studies on both sides of the debate and offers 
evidence from decades of clinical experience that homosexuals can be cured.


Go to top.

Date: Wed, 15 Dec 1999 12:17:34 -0500
From: richard_wolpoe@ibi.com
Subject:
Tur/By


A former Chavruso of mine gave a MB shiur and we learned Tur/BY as a prep for 
his shiur. I asked him, if you learn this, why do you even need the MB? he 
answer more-or-less ein hochi nami! The MB says pretty much the same point in 
his hakdomo! Ayein Shom

Tangentially, he also noted the Turei Zohov's name and style seem to indicate 
that it he too was a periush on the Tur (as did his fathe-in-law the Bach)

Rich Wolpoe



______________________________ Reply Separator _________________________________
<snip>

In any case, I don't understand what is wrong with concentrating on the 
Tur and Beis Yosef. It is said that Chazon Ish spend much of his youth 
studying Tur and beis Yosef and others claimed that because of that
he would never amount to anything!

Eli Turkel


Go to top.

Date: Wed, 15 Dec 1999 12:19:25 -0500 (EST)
From: micha@aishdas.org (Micha Berger)
Subject:
Re: Women at funeral


: Does "we" mean you and your wife or are you referring to a general 
: minhag? If it's a general minhag, do you have a source?

I don't have one. I was just quoting what people around us are nohagim.
Anecdotal evidence. The idea of avoiding levayos I similarly heard but
not seen -- nor does my wife observe it. Her opinion is that if anything,
performing a mitzvah should be a positive for the v'lad.

-mi

-- 
Micha Berger (973) 916-0287          MMG"H for 15-Dec-99: Revi'i, Vayigash
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Pisachim 84a
For a mitzvah is a lamp, and the Torah its light.         Melachim-II 8


Go to top.

Date: Wed, 15 Dec 1999 12:22:39 -0500 (EST)
From: micha@aishdas.org (Micha Berger)
Subject:
Re: Re: Avodah V4 #188


Using "Re: Avodah V4 #188" is a poor choice. The web archives has a table-of
contents page (which needs to be broken up into multiple pieces), which allows
you to look up postings by subject. If your subject is meaningless, you lose
this ability. (Subjects of this particular form aren't in the table-of-contents
altogether.) If you want future readers to find your email, I suggest staying
topical, and in particular using the same subject line as the email you're
replying to -- so that finding one means finding both.

-mi

-- 
Micha Berger (973) 916-0287          MMG"H for 15-Dec-99: Revi'i, Vayigash
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Pisachim 84a
For a mitzvah is a lamp, and the Torah its light.         Melachim-II 8


Go to top.

Date: Wed, 15 Dec 1999 12:25:33 -0500
From: gil.student@citicorp.com
Subject:
Re: xmas & Jesus


RH Maryles wrote:

>>This seems difficult to me because the word "christ" comes from the Greek 
word "christos" which I'm pretty
sure  means "messiah".  I believe this was also pointed out by some on the 
list recently as well.  

Bottom line: If the word "christ" does not translate into :"deity", then it 
should be no problem saying it.>>


Two things.  First, without getting too much into Christian theology, the 
messiah to Christians is very different than the messiah to Jews.  To them 
the messiah is a deity (with very few exceptions).

Second, the dictionary definition and its derivation are irrelevant.  If 
the term is USED as a "shem elohim acherim" then we can't say it.  Go to 
Washington Heights and shout out the name "Jesus" and a few hundred 
hispanics will answer.  It is a common name.  Shout out "Chr*st" and people 
will think you are talking about their avodah zarah.


Go to top.

Date: Wed, 15 Dec 1999 19:34:16 +0200
From: "Akiva Atwood" <atwood@netvision.net.il>
Subject:
RE: Reb Shlomo Carlebach and Carlebach minyanim


> Be that as it may, I believe Breslov, for all their emphasis
> on hisbodedus,
> is superficial as the rest. In Sha'alvim, i once witnessed the tragic
> descent of one of the brightest member of our shiur into Breslover
> Chassidus. From a brilliant analytical approach he ended up
> learning Tur
> Beis Yosef large amounts of time because the Beis Yosef was
> written b'ruach
> hakodesh.
>

But is it fair (or accurate) to label it "superficial" based on one person's
experience? AT best you could say you don't find that the derech fulfills
your needs. Your acquaintance obviously felt differently. Shivim Ponim...

Granted, Breslov does attract people whose stability can be questioned. That
is because Breslov is one of the only places these people can find any
acceptance in the frum world.

Akiva




===========================
Akiva Atwood
POB 27515
Jerusalem, Israel 91274


Go to top.

Date: Wed, 15 Dec 1999 12:33:19 -0500
From: richard_wolpoe@ibi.com
Subject:
Re[2]: Mishkav Zachor


This is perhaps unfair

apparfently  - if you read carefully-  the ONLY thing that the kids see is the 
subject lines.

I get the same thing at work.  People can peer over my shoulder and see the 
subject lines from a distance.  I warn people who send me confidetnial emails to
be discreet wrt subject lines.

And I apologize for neglecting (shgogo) to change the subject lines when I 
responded a few times.  

Rich Wolpoe
______________________________ Reply Separator _________________________________
Subject: Re: Mishkav Zachor 
Author:  <avodah@aishdas.org> at tcpgate
Date:    12/15/1999 12:05 PM



I have not participated in this discussion as I feel that I have nothing to add 
to it.   I am however appaled by the treatment R. Bechhoffer has recieved as a 
result that we list members take a very small step to insulate his children from
what he, their parent, deems inappropriate for them.  I and my wife watch 
television. 


Go to top.

Date: Wed, 15 Dec 1999 19:50:12 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Cell Phones (was Re: Avodah V4 #124: Kol Kevudah - a new twist)


On 30 Nov 99, at 18:09, DFinchPC@aol.com wrote:

> If speaking on a cell phone in public is sinful because it is irritating, 
> obnoxious, or loud, then how much more sinful is it to use a cell phone while 
> driving in traffic? As a motorcyclist, I deeply fear people who do this, but 
> I can't always avoid them. 

Just thought I'd mention that it's an NIS 750 fine here (about $180) 
if you are caught talking on a cell phone while you are driving 
unless you have a hands' free system. I don't know of that rule 
being in effect anywhere in the States, although they said on the 
news while I was in Chicago last month that one of the City 
Councillors there has proposed it.

> I have heard cell phones ring at Yom Kippur services, at Shabbos dinners, and 
> at funerals. Evidently some believe that if one turns on a cell phone before 
> Shabbos or Yuntuf, the phone can be carried (within an Eruv) with its power 
> on all day, just like turning lights on before sundown. Is there any 
> authority against this? Better yet, is there any authority against the use of 
> cell phones altogether, except in case of emergencies (or rabbis keeping 
> touch with their congregants)?

The first two cellular phone companies here distributed signs to all 
the shuls asking people to shut off their cell phones for davening. 

-- Carl


Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

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


Go to top.

Date: Wed, 15 Dec 1999 19:50:13 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Re: HaMakom Yinacheim


On 30 Nov 99, at 9:56, richard_wolpoe@ibi.com wrote:

> This triggered me to wonder if we could somehow dedicate digests in memory of 
> chaverim or their krovim?

I thought of something, but I have no idea how to pursue it. 

What if we put together a lot of postings on an interesting topic and 
make it into a book(let) that we publish in his memory? Probably 
should not be anything overly controversial (kind of hard knowing 
this list :-). Anyone have any suggestions?

-- Carl (catching up on a huge backlog of mail in case anyone didn't 
notice - still over 1200 Avodah messages to read)


Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

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


Go to top.

Date: Wed, 15 Dec 1999 19:50:12 +0200
From: "Carl M. Sherer" <cmsherer@ssgslaw.co.il>
Subject:
Re: xmas & Jesus


On 15 Dec 99, at 12:25, gil.student@citicorp.com wrote:

  Go to 
> Washington Heights and shout out the name "Jesus" and a few hundred 
> hispanics will answer.  

Actually, I think it's pronounced "Hayzoos" in the Heights. :-) 

-- Carl



Carl M. Sherer, Adv.
Silber, Schottenfels, Gerber & Sherer
Telephone 972-2-625-7751
Fax 972-2-625-0461
mailto:cmsherer@ssgslaw.co.il
mailto:sherer@actcom.co.il

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


Go to top.

Date: Wed, 15 Dec 1999 13:21:35 EST
From: DFinchPC@aol.com
Subject:
Re: xmas & Jesus


In a message dated 12/15/99 11:53:42 AM US Central Standard Time, 
cmsherer@ssgslaw.co.il writes:

<< Actually, I think it's pronounced "Hayzoos" in the Heights. :-)  >>

And in the National League. The three Alou brothers were Felipe, Matty, and 
Jesus. Now there's Moises Alou, of the next generation, known accurately 
among his Jewish fans as Moishe. Alas, there's no Yankel Alou (although I 
believe one of the Alou brothers played for the New York Yankels.) 

David Finch


Go to top.

Date: Wed, 15 Dec 1999 20:40:42 +0200
From: "Shlomo Godick" <shlomog@mehish.co.il>
Subject:
re: Agunot, etc.


David Herskovic wrote:  <<

And Pruzbel is only one example. There is mekhiras khomets, heter iske,
eyruv which all create fictional halakhic entities to solve seemingly
insuperable problems.  >>

Mechiras Chametz may be a legal workaround, but I don't think it
can properly be called a legal fiction.  The sale is very real.
One is told to be m'khaven to sell the *chametz* on his pots and
not the pots themselves, lest he have to be tovel and mag'il the 
pots after Pessach. 

A number of years ago in Rehovot I was present at Rav Kook's house
on motzaei shvi'i shel Pessach when the buyer, an Arab from Ramle I
believe, was convinced to rescind the deal in return for a financial
compensation.  The negotiations on the price were done in dead
seriousness. 

On the other hand, the seriousness of the sale of EY to a non-Jew
for the heter mechira is very questionable and that is why it is so
controversial and not accepted by large segments of the dati and
hareidi population (even though, I might add, non-acceptance by the
religious farmers causes them considerable material hardship.
In the past, consumers also endured considerable hardship although
this is generally no longer the case today, b"h.)
     
Although I am out of my depth on this one, I think heter iska is 
similarly not a legal fiction, but a workaround, invoking the
notion of "shutfus" or co-investor sharing profits.  Many people
are makpid that the account in which they have an (interest-bearing)
overdraft is the account from which they pay their monthly mortgage,
so that the shutfus has something on which to be "tofes".  Just a few
years ago there was a big to-do about the formulation of then-current
heterei iska in Israeli banks (regarding their legal enforceablilty), and
as a result of hareidi consumer pressure, most commercial and mortgage
banks re-formulated the documents to make them legally enforceable
in secular Israeli courts.

I am sure the talmidei chachamim on this list can elaborate.
 
Kol tuv,
Shlomo Godick
  


Go to top.

Date: Wed, 15 Dec 1999 13:56:00 -0500
From: "Clark, Eli" <clarke@HUGHESHUBBARD.COM>
Subject:
Text vs. Practice (Ha-nerot halalu)


R. A. Miller writes:

>Namely... The text for Haneros Halalu which appears in the siddurim is
>very different than that which appears in the poskim. This refers to all
>siddurim that I've seen, including Ashkenaz, Chassidic, and Sefaradi
>siddurim, which have a text of close to 50 words. The only exception I've
>seen is the German siddurim, which have the text of the poskim.

[snip]

>I honestly don't understand. Am I the first person to open his siddur
>while learning Hilchos Chanuka? When the Gemara quotes a pasuk, we open
>the Tanach to see the pasuk in context; who wouldn't do that while
>learning hilchos tefila?

Two issues are raised here -- a general one regarding texts of tefillah
and a specific one regarding "Ha-nerot halalu".  I will try to address
both.

The original source for reciting "Ha-nerot halalu" is Megillat Ta'anit.
The original text appearing there is a shorter version of what most
people recite today.  It was Maharam Rothenberg who made its recitation
normative practice.

D. Sperber (Minhagei Yisrael V) devotes a chapter to "Ha-nerot halalu".
He suggests that it should be understood in the context of a mahloket
between Yerushalmi practice and Bavli practice.  As many are aware,
Shemuel is quoted as asking (rhetorically): do the nerot have kedushah?
But in Eretz Yisrael the answer was yes!  And they composed a little
tefillah to memorialize it.

D. Goldschmidt assumes that the purpose of the tefillah was to warn
people from being neheneh fromthe nerot, while Sperber sees the prayer
as a kiyyum in pirsumei nisa.

The actual text of "Ha-nerot halalu" exists in many different
variations, even among the posekim.  In other words, there are not, as
R. Akiva implies, two versions, but countless versions.  This is, in
fact, a very common phenomenon in tefillah, where different versions of
tefillot developed, not just between Sefaradim and Ashkenazim, but also
among neighboring towns and different geographical areas.  Various
posekim have also institued deliberate changes in the nosah ha-tefillah,
which tends to lead to less uniformity.

Is there then a "correct" version of a tefillah?  Often not.  Specific
berakhot that appear in the Gemara, for instance, have a fairly
authoritative text.  But little of what we say falls into that category.
 Our siddur is based on largely on the siddur of R. Amram Gaon, and an
infinite number of changes have cropped up since then.  Sometimes we can
identify the origin of the change, sometimes not.

For example, some posekim fiddled with Kol nidrei so that it would
relate only to nedarim of the previous year, rather than of the coming
year.  Birkat ha-minim (the name of which points to an obvious change
introduced into the text) was reworked repeatedly at the behest of
Christian censors, who also excised "she-hem mishtahavim" from Alenu.
At the time of the Rishonim, many tefillot were altered so that they
would have a desired number of words or letters.  In other cases, we see
that two different versions of a single tefillah developed independently
and our pratice is to use both, but at different times (e.g. Sim
shalom/Shalom rav; Le-dor va-dor/Atah Kadosh in birkat kedushah;
Ha-mahazir shekhinato/She-otekha levadekha in birkat avodah; yotzer
or/ha-pote'ah lanu she'arim).  Sometimes two different versions are
integrated together (Ha-Kol yodukha, recited on Shabbat, includes an
excerpt from Ha-Me'ir la-aretz).  The discovery and analysis of texts
from the Cairo genizah have given us a much better understanding of what
tefillah was like in Eretz Yisrael in the post-hurban period and, in
some cases, have provided us with the origin of some oddities that
appear in our tefillot.

In recent years, we see a trend toward unformity, engendered by the more
widespread use of printed siddurim and the increasing geographical
concentration of the community.  However, this has not -- and probably
will not -- reduce the major differences between Nosah Ashkenaz, Nosah
Sefarad and Nosah Edot Mizrah.

In any case, I think that an understanding of the development of the
siddur leads one to conclude that, generally, there is little point in
consulting our siddurim when we learn hilkhot tefillah.

Kol tuv,

Eli Clark


Go to top.


*********************


[ Distributed to the Avodah mailing list, digested version.                   ]
[ To post: mail to avodah@aishdas.org                                         ]
[ For back issues: mail "get avodah-digest vXX.nYYY" to majordomo@aishdas.org ]
[ or, the archive can be found at http://www.aishdas.org/avodah/              ]
[ For general requests: mail the word "help" to majordomo@aishdas.org         ]

< Previous Next >