Avodah Mailing List

Volume 04 : Number 478

Tuesday, April 4 2000

• Re: Shiurim
• Re: Shiurim
• RSRH and Kol Nidrei
• Re: Kiyum for achila more than a kzayis
• RE: Packing peanuts, chometz, and quote of the Ari zl
• Re: Packing peanuts, chometz, and quote of the Ari zl
• Even More Dor Rivii
• Re: matza shiurim
• Re: Kiyum for achila more than a kzayis
• Re: RSRH and Kol Nidrei
• packing peanuts on Pesach
• Dor Revii
• second kezayis
• Middle of the Torah
• shiurim
• RE: Packing peanuts, chometz, and quote of the Ari zl
• Re: shiurim
• Fw: Parshat Shmini (Hachodesh) 5760

On 3 Apr 00, at 14:32, Edward Weidberg wrote:

> I'm not sure what you mean in the first comment, 

I meant the following by the first comment: 

You said that one is not yotzei matza if he could not possibly taste 
it (i.e. if he eats it together with the maror) because it's b'geder "kol 
ha'rauy le'bila." But the Gemara says that if you eat the matza and 
the maror together, so long as you do not chew them, you are 
yotzei y'dei matza. In that case also, it must be that you could not 
possibly taste the matza (because if you chewed it and therefore 
could possibly taste it, you would not be yotzei because the taste 
would be mixed with maror). So I don't think the problem here is 
b'geder kol ha'rauy bila.

-- Carl

> >>> "Carl M. Sherer" <cmsherer@ssgslaw.co.il> 04/03/00 02:19PM >>>
> On 3 Apr 00, at 12:55, Edward Weidberg wrote:
> 
> > Tasting the matza is not me'akev but is necessary l'chetchila. (The
> > s'vara may be similar to kol horo'ui l'bila ain bila me'akeves,
> > regarding minochos)
> 
> If that's the case then how come, bola matza u'moror, yedai matza 
> yatza?
> 
> > In any event, having a conflicting taste is worse than having no
> taste
> > at all-- bola matza u'maror, yedai matza yatza, but chewing them
> > together is worse-- see MB 475:31 and Pesachim 115b  Tosfos D"H
> Yedai
> > Matza.
> 
> I'm in the office, so I do not have a Gemara handy but as I read the 
> Mishna Brura, Micha's idea of combining the matza and the korech 
> would allow you to be yotzei matza (so long as you swallowed it 
> without chewing), but you would have to eat the maror separately 
> so you could chew it and get that delicious taste that refreshes....
> 
> -- Carl (whose sinuses clear just from typing those words :-) 
> 
> 
> 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.
> 


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.

I meant "kol hara'ui l'bila" as an explanation as to why one is yotzei
the mitzva bedi'eved without tasting the matza.  

Your kasha is still valid -- why bola matza u'moror, yedai matza 
yatza--- since the matza can't be chewed in that case because it would
bring the conflicting taste of maror with it, so it's "ain ra'ui
l'bila".

You're probably right in that "kol hara'ui l'bila" is not the proper
explanation here (although one might be able to argue that it's still
considered "ra'ui l'bila" where the matza itself is chewable and
potentially can be tasted and the problem is caused by an external
factor in that the maror would be chewed with it and offer a conflicting
taste).

Avrohom Weidberg


>>> "Carl M. Sherer" <cmsherer@ssgslaw.co.il> 04/03/00 02:47PM >>>
On 3 Apr 00, at 14:32, Edward Weidberg wrote:

> I'm not sure what you mean in the first comment, 

I meant the following by the first comment: 

You said that one is not yotzei matza if he could not possibly taste 
it (i.e. if he eats it together with the maror) because it's b'geder
"kol 
ha'rauy le'bila." But the Gemara says that if you eat the matza and 
the maror together, so long as you do not chew them, you are 
yotzei y'dei matza. In that case also, it must be that you could not 
possibly taste the matza (because if you chewed it and therefore 
could possibly taste it, you would not be yotzei because the taste 
would be mixed with maror). So I don't think the problem here is 
b'geder kol ha'rauy bila.

-- Carl

> >>> "Carl M. Sherer" <cmsherer@ssgslaw.co.il> 04/03/00 02:19PM >>>
> On 3 Apr 00, at 12:55, Edward Weidberg wrote:
> 
> > Tasting the matza is not me'akev but is necessary l'chetchila.
(The
> > s'vara may be similar to kol horo'ui l'bila ain bila me'akeves,
> > regarding minochos)
> 
> If that's the case then how come, bola matza u'moror, yedai matza 
> yatza?
> 
> > In any event, having a conflicting taste is worse than having no
> taste
> > at all-- bola matza u'maror, yedai matza yatza, but chewing them
> > together is worse-- see MB 475:31 and Pesachim 115b  Tosfos D"H
> Yedai
> > Matza.
> 
> I'm in the office, so I do not have a Gemara handy but as I read the

> Mishna Brura, Micha's idea of combining the matza and the korech 
> would allow you to be yotzei matza (so long as you swallowed it 
> without chewing), but you would have to eat the maror separately 
> so you could chew it and get that delicious taste that refreshes....
> 
> -- Carl (whose sinuses clear just from typing those words :-) 
> 
> 
> 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.
> 


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.

Does anyone know why R. Shimshon Raphael Hirsch's shul did not say Kol Nidrei?  
Was it because they saw no need for it or the public perception of it as 
duplicitous?  Sources please.

Thank you,

Gil Student
gil.student@citicorp.com

>>>Kovetz Heoros in Yevamos (14?) where he says 
that Aseh Docheh Lo Taseh only applies where the only way to be 
mekayem the Aseh is by being docheh the Lo Taseh<<

You don't need R' Elchanan for that; that is the whole
principle of 'efshar l'kayem shneihem'.  The Rashba
debates whether 'efshar' means practically or just
theoretically.

By davar she-yesh lo matirin at this moment the only way
to be mekayem the aseh is by pushing off the lav.  Must
we take into consideration that tomorrow the lav will 
be nifka m'meila?  That's my safek.  

-Chaim

> Lishitascha, what ever qualifies as "eino ra'uy la'achilisas
> kelev"?

That's a serious question -- it's not at all clear. Are we talking about
kelev mamesh, or some *ideal* kelev, or our ideas about what a kelev would
eat?

>
>
> I personally never understood R' Bloomenkrantz's stance on a number of
> non-foods. Biggest example, non-flavored medicines.
> I took comfort when I
> heard R' Frand (on tape) rule leniently.

(We discussed this issue at a shiur last night)

Since achshavey doesn't apply to medicines (with no or bad flavor) R'
Frand's ruling seems to be bringing the basic halacha.

Now, if someone want to be machmer about it (and there is an inyan to be
machmer about chametz) you can follow R' Blumenkrantz.

> why medications then appear on such lists. R' Frand suggested
> that it was
> a measure of kedushas am Yisrael, not to even want
> permissable chameitz around.

That's the explanation I've head from most poskim I've discussed the issue
with here.

Akiva



A reality check a day keeps
the delusions at bay (Gila Atwood)

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

On Mon, Apr 03, 2000 at 10:11:41PM +0200, Akiva Atwood wrote:
: Since achshavey doesn't apply to medicines (with no or bad flavor) R'
: Frand's ruling seems to be bringing the basic halacha.

: Now, if someone want to be machmer about it (and there is an inyan to be
: machmer about chametz) you can follow R' Blumenkrantz.

I don't think this is so obvious. Living with a headache until cholo shel
mo'ed because you just realized the starch in your Tylenol (TM) is from wheat
is a kulah in oneg yom tov. No?

Also, R' Blumenkrantz lists real medicines, not just analgesics. Perhaps
someone's doctor's choice of calcium blocker was arbitrary or cost based,
but I wouldn't want to go to second best blood pressure medication for the
sake of chumrah. (Assuming, of course, that the difference is nowhere near
pikuach nefesh -- thereby making the answer obvious.)

-mi

PS: No, I'm not claiming that any calcium blockers are better than any other
or that any contain wheat starch or that Tylenol does. I just wanted to pose
realistic examples of various kinds of need for medication.

-- 
Micha Berger (973) 916-0287          MMG"H for 31-Mar-00: Shishi, Shmini
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Rosh-Hashanah 17b
For a mitzvah is a lamp, and the Torah its light.         Haftorah

In a message dated 4/3/00 3:18:24 PM Eastern Daylight Time, David Glasner 
made a number of points about the Dor Rivii in response to my previous post. 
I will try to respond to points (but maybe not in one E-mail), although I 
don't really think we are disagreeing all that much. 

<< I think that you are trying to have it both ways here, and while I 
recognize
 and appreciate that you are trying to be respectful to the Dor Revi'i, where
 you seem to be coming down is that he should be marginalized. >>>
I most definitely am trying to be respectful. Why wouldn't I be respectful of 
a Gadol Biyisrael?  And I am not trying to marginalize HIM, but rather trying 
to show why some of his opinions are not what I call normative. As you 
mention the Dor Rivii, despite his gadlus, was a late acharon. Also, he is 
not as well known as some other great achronim - evidence the fact that some 
listmembers never even heard of him -therefore not putting in the status of 
one who is considered Rabban shel kol benay hagolah by any substantial number 
of religious Jews. You may take this as an insult, but I personally would put 
him in the same category as his chief antagonist - the Satmar Rav. Both were 
brilliant Talmidei Chachamim with sharp minds and strongly held opinions. 
Just as I consider the opinions of the Satmar Rav on Israel not to be beyond 
the Pale but still not normative, I feel the same way on some opinions of the 
Dor Rivii. In fact, in a way the opinions of the Satmar Rav gained wider 
acceptance among Orthodox Jews. 
 
I wrote: Naturally, this is somewhat of a tough halacha to swallow. It goes 
against our sensibilities (which is part of the reason the Dor Rivii has 
trouble with it).
David responded: Part, but only part.  He also argues that it contradicts the 
explicit
 and famous drasha on "b'khol m'odekha"
 My response: Correct as I said PART of the reason. 

I wrote: When teaching this law, although I would be aware of the Dor Rivii's 
position, I feel as a teacher it would be misleading to highlight it.

David Responded:  "Highllight" is a very tricky verb in this context.  Please 
explain to me how "highlight" as you are using it differs from "acknowledge 
the existence of."
Was it equally misleading for Rabbeinu ha-Kadosh and Ravina and Rav Ashi 
 to "highlight" all the deiot yehidim recorded in the Talmud?  

 My response: Its no different. But just as R. Yosi's opinion that one can 
eat Chicken and cheese isn't normative neither are some of the Dor Rivii's 
opinions.

David wrote: I can understand that a posek faced with an actual case might be 
reluctant to rely on a da'at yahid, especially a rather late Aharon against 
the weight of so much contrary opinion.  But then does "normative" mean 
anything other 
 than "the generally accepted halakha l'ma'aseh"?  If not, fine.  But you 
 seem to have something else in mind.
 My response: Actually I really don't have much else in mind other than the 
fact that I feel that there are "normative" opinions in both halachic and 
hashkafic topics.

 I wrote: To highlight his position would be a 
 case of being uncomfortable with a halacha, and searching for an opinion to 
 fit my sensibilities. 
 David responded: Kan ha-ben sho'eil:  Mah nishtanah ha-da'at (yahid) hazot 
mikol ha-deiot  (yehidim)?
 My response: No different. If an avarage Jew would have shaved on Chol 
Hamoed by saying he was following the opinion of the Nodah BiYehuda (one of 
the greatest achronim of all time) I would be suspicous that he wants to 
shave because that is the "normal" thing to do, and is just using the Nodah 
BiYehuda as an Ilan Gadol to be "Toleh". The reason being because the Nodah 
BiYehuda's opinion was not considered "normative" by the vast amount of 
gedolei Yisrael. I think it would be "Mutar" to follow him but not the 
correct thing to do. Today that RYBS and R. Moshe Feinstein also permit 
shaving on Chol Hamoed, I would consider this opinion to be back in the 
category of normative.
David Wrote: I am greatly privileged to be his descendant, but we all may be 
zokheh to be his students and followers.
My response: Amen! 
 
 I wrote: (I am using the Dor Rivii's position on losing all ones money in 
order not to 
 transgress a negative prohibition as an example, in fact he has many 
original 
 positions, both halachic and hashkafic that I would label non-normative.)

David Responded: I would be most interested (and I say that without any 
ironic intent) in seeing your list of such positions.
 
My response: I will try to list them for you in a different post. But for now 
I will merely list a quote from an excellent article written by a very 
intelligent individual: "[The Dor Rivii's] view of the purpose of the Oral 
law might seem at odds with the conventional Orthodox account. . . . To 
critics . . . [it] seemed to be sanctioning the heretical views of . . . 
Conservative Judaism."

And I just will add that indeed there were many such critics.

Kol Tuv,
Toby Rubinson

On Thu, Mar 30, 2000 at 08:56:22PM -0500, Gershon Dubin wrote:
: 	The article in the most recent issue of Kashrus magazine,  quoting Rav
: Asher Zimmerman z"l,  suggests this (shruya,  not fteira <g>)

Doesn't that bloat the matzah?

In general, I'm bothered by the same question raised earlier. How do you
define a k'zayis matza? Does the air in the bubbles count? If so, crumbling
it will give you an over estimate. Also, when you pack a solid into a volume,
you can get VERY different answers depending upon how fine you grind it before
packing. How long should the contents settle, how much pressure to pack it in
with, all end up being very relevent to such measuring schemes.

-mi

-- 
Micha Berger (973) 916-0287          MMG"H for 31-Mar-00: Shishi, Shmini
micha@aishdas.org                                         A"H 
http://www.aishdas.org                                    Rosh-Hashanah 17b
For a mitzvah is a lamp, and the Torah its light.         Haftorah

On 3 Apr 00, at 16:00, C1A1Brown@aol.com wrote:

> >>>Kovetz Heoros in Yevamos (14?) where he says 
> that Aseh Docheh Lo Taseh only applies where the only way to be 
> mekayem the Aseh is by being docheh the Lo Taseh<<
> 
> You don't need R' Elchanan for that; that is the whole
> principle of 'efshar l'kayem shneihem'.  The Rashba
> debates whether 'efshar' means practically or just
> theoretically.

But I think the Rashba would only hold that as to the first ke'zayis 
(which is a chiyuv) and not as to the second one (which is a kiyum 
hamitzva and not a chiyuv). 

> By davar she-yesh lo matirin at this moment the only way
> to be mekayem the aseh is by pushing off the lav.  Must
> we take into consideration that tomorrow the lav will 
> be nifka m'meila?  That's my safek.  

I think that at least according to Rav Elchonon only if by using the 
davar she'yesh lo matirin, you are fulfilling a time-based chova that 
cannot be fulfilled in any other way (whether practically or 
theoretically is a separate diyun).

-- Carl


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

Carl and Adina Sherer
mailto:sherer@actcom.co.il

I believe it was the Leo Baeck Yearbook, 1997 or 1998 that had a comparisson
between RSRH and his student Kaufman Kohler.  That article contained a
footnote that stated that RSRH capitulated to the demands of the reformers
regarding Kol Nidre.  He did this prior to becoming rabbi in Frankfurt.

----- Original Message -----
From: <Gil.Student@citicorp.com>
To: <avodah@aishdas.org>
Sent: Monday, April 03, 2000 3:47 PM
Subject: RSRH and Kol Nidrei


> Does anyone know why R. Shimshon Raphael Hirsch's shul did not say Kol
Nidrei?
> Was it because they saw no need for it or the public perception of it as
> duplicitous?  Sources please.
>
> Thank you,
>
> Gil Student
> gil.student@citicorp.com
>
>

I can't comment on the water soluble packing peanuts since I have not
seen their composition.  I have a problem, however, with Micha's
description of the effects of various liquids on styrofoam cups.  He
advocates putting lemon juice in the cup before tea in order to avoid
"leaching" out the polymer.  Au contraire - the lemon oil (limonene) in
the lemon juice will dissolve the polystyrene in the cup.  I don't know
if the ingested polystyrene enters the blood stream, or what happens to
it in the liver.  It should be avoided, however.  Dilution with tea will
minimize such dissolution so you want to put the tea in first and then
the lemon juice.  Better yet, avoid styrofoam when using lemon.  I have
not read about a problem with leaching of the styrofoam by food acids
such as the phosphoric acid in colas or citric acid in citrus fruit
juice or sodas.  If Micha has such information from scientific sources,
I would appreciate seeing it.

Yitzchok Zlochower

I missed something in this discussion.  Could someone state the Dor
Revii's novel position on spending all of one's money to avoid a lav?  Or
am I missing more than I thought?

Gershon
gershon.dubin@juno.com

Date: Sat, 01 Apr 2000 21:04:48 +0300
From: Eli Turkel <turkel@post.tau.ac.il>
Subject: second kezayis

<<I have several opinions that one can combine the shittah of 2 kezatim
with the chumra of the Noda beyehuda that doubles the size of the
kezayit.>>

	I believe Rav Dovid Feinstein is on record as making this
recommendation.

Gershon
gershon.dubin@juno.com

Date: Mon, 3 Apr 2000 12:33:16 -0400
From: Eric Simon <erics@radix.net>
Subject: Middle of the Torah
 
<<Apologies if this subject has been brought up before (I'm somewhat new
on this list):>>

	Certainly the 600K letters has been discussed;  I would check the
archives.  One mar'eh makom,  not to let you go hungry,  so to speak,  is
Rav Yaakov Kaminetsky's sefer on Torah,  Emes LeYaakov.  The middle of
the Torah issue follows from the letter count issue.

Gershon
gershon.dubin@juno.com

> 
> I have lived through an era of change. I remember when the kazayit was given as 1/3 
> of a machine matza.  A few years later it was up to 1/2 matza.  Today, or rather the 
> last few times I heard, it seems to have stabilized at one whole machine matza.  As 
> the kazayit has gone up, the eating time limit, kedei akhilat peras, has gone down 
> from 9 to 4 to 2 minutes.  I failed in my attempts to find a mathematical formula for 
> the non-linear automatic compensation factor.
> 
I recall seeing in the shiurim published by R. Moshe Feinstein's son that he
explicitly says that the old seforim had a smaller measure for the matzah.

The shiur of kedei akhilat peras is per matza. hence, eating 2 kezaysim doubles
the allowable time.

> I think there is much to learn from the Chatam Sofer's chumra as stated in the 
> Hagadat Soferim..  He would take the two zeitim of matza, hold them close to his 
> mouth and then make the berakhot. He then inserted the two zeitim bit by bit into his 
> mouth but did not swallow.  He chewed each bit and then moved it into his left cheek.  
> When the two zeitim were all in his left cheek, he swallowed the entire two zeitim at 
> one time.
> 
> I'd like to see anyone put two chewed whole machine matzos into his left cheek.  I 
> don't think a pelican could do it. If the pelican could fit them in, he might still choke 
> when swallowing all at once.
> 
I remember seeing in one of the seforim an asterik and stating in a footnote
that since eating matza has to be "derech achila" we define these impossible
shiurim as being normal eating !
(I would be a smiley but he was serious).

Eli Turkel

From the shiur I was at Sun. night:

Something that is not roi l'achilas kelev is not chametz.

IF you want to eat it anyway, then you have a case of achshavey, the
substance becomes chashuv to you, and it regains a status of chametz (at
which point you would be over on bal'e roi/bal'e matza).

medicines that have no taste (or a bad taste) are considered aino roi
l'achilas kelev.

(medicines with a pleasing taste are a problem, since they maintain a status
of chametzdik.)

HOWEVER, achshavey *doesn't* apply to medicine, so it *doesn't* become
chametz.

(this applies to a cholei s'ain bo sacana).

Vitamins *don't* come under this clal, since they are considered foodstuffs
and not medicines. (I realize that this is subject to argument -- but the
poskim seem to have accepted this view)

[end of shiur]


> I don't think this is so obvious. Living with a headache
> until cholo shel
> mo'ed because you just realized the starch in your Tylenol
> (TM) is from wheat is a kulah in oneg yom tov. No?

First off, why wait until cholo shel mo'ed?

Also, since it's not roi l'achilas kelev, the tylenol is *not* chametzdik.

>
> Also, R' Blumenkrantz lists real medicines, not just
> analgesics. Perhaps
> someone's doctor's choice of calcium blocker was arbitrary or
> cost based,
> but I wouldn't want to go to second best blood pressure
> medication for the sake of chumrah.

Agreed -- but if you have a choice, *and one's doctor has no objections*,
then one could certainly be machmer.


Akiva

On 4 Apr 00, at 8:19, Eli Turkel wrote:

> > 
> > I have lived through an era of change. I remember when the kazayit was given as 1/3 
> > of a machine matza.  A few years later it was up to 1/2 matza.  Today, or rather the 
> > last few times I heard, it seems to have stabilized at one whole machine matza.  As 
> > the kazayit has gone up, the eating time limit, kedei akhilat peras, has gone down 
> > from 9 to 4 to 2 minutes.  I failed in my attempts to find a mathematical formula for 
> > the non-linear automatic compensation factor.
> > 
> I recall seeing in the shiurim published by R. Moshe Feinstein's son that he
> explicitly says that the old seforim had a smaller measure for the matzah.

Is there any argument that the matzos today are thinner?

Friday night, there was a sheet of paper left on benches in shul 
which made the claim that because of the way the matzos are 
made (which, he argued, is in layers) there is a greater chashash 
of chimutz than in the past, that the ovens are not hot enough, and 
that therefore there is a greater basis for keeping gebroks. Did 
anyone else see this? Anyone out there who gives (or has given) 
hashgacha on a matzo factory? I haven't gotten through the whole 
thing yet, but if someone did not see it and wants to see it, I can 
fax it to you.

-- 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.

This is forwarded with permission.

I a posting it here so that Avodah readers, like myself, should take pause.
If a renowned talmid chochom, tzadiik, and ne'im halichos like RAN can have
maintain such a position on the recent contretemps in EY, then it probably
behooves us, in humility, to admit that we do not necessarily understand
what is going on there, and might possess incorrect preconceived notions.

Yosef Gavriel Bechhofer
http://www.aishdas.org/baistefila    ygb@aishdas.org


----- Original Message -----
From: Nehemiah Klein <ndk@hakotel.edu>
To: Sicha List <hk-nebenzahl@vjlists.com>
Sent: Friday, March 31, 2000 3:00 AM
Subject: Parshat Shmini (Hachodesh) 5760


>
> WEEKLY SICHA OF HARAV NEBENZAHL - PARSHAT SHMINI (HACHODESH) 5760
>
>
> The following is a translation of the sicha delivered by HaGaon
> HaRav Avigdor Nebenzahl every Monday night in the Beit Midrash of Yeshivat
> Hakotel.  We try our best to accurately present to you the Rav's words.
> The transition from spoken to written word and subsequent translation do
> not always allow for a literal word for word translation.  We would like
> to thank HaRav Nebenzahl for allowing us to send you this sicha without
> his first reviewing the translation.  Although it does expedite matters in
> getting this sicha out to you, it does mean that if there is anything in
> the sicha that may not be understood, the fault is with us and not with
> HaRav Nebenzahl.
>
> Shabbat Shalom,
>
> Nehemiah D. Klein
>
____________________________________________________________________________
>
> We would like to express our gratitude to Adam Smith & Company which has
> so generously donated and maintains the computer center at the Yeshiva in
> memory of HaRav Aryeh Bina zt"l, founder of Yeshivat Hakotel.  This
> enables us to communicate this sicha to you each week - "lehagdil Torah
> ulehaadira".
>
____________________________________________________________________________
>
> Please say a tefilla for refuah shlema for Baruch Yoseph ben Adina Batya
> he is the eleven year old son of one of our alumni who is in great need
> of "rachamei Shamayim".
>
____________________________________________________________________________
>
>
> PARSHAT SHMINI (HACHODESH)
>
> If you glance at my notebook you will see an outline of the sicha
> I had prepared for tonight.  My "yetzer hara", however has gotten the
> better of me, and I feel compelled instead to relate to current events.
> Following the description of the sudden deaths of Nadav and Avihu we read:
> "Moshe said to Aharon: 'of this did Hashem speak, saying I will be
> sanctified through those who are nearest to Me thus I will be honored
> before the entire people'" [1] (Vayikra 10:3).  Chazal tell us "when
> Hashem executes judgment on His consecrated ones, He makes Himself feared,
> exalted, and praised" [2] (Zevachim 115b).  This is precisely what
> happened as a result of the sudden deaths of Nadav and Avihu.  Moshe
> Rabenu said of them that they were on an even higher level than himself
> and Aharon.  With the exception of this infraction (there is a dispute in
> Chazal as to precisely what this entailed), they were totally righteous.
>
> A harsh judgment against the righteous increases our fear and
> praise of Hashem - the honor of Heaven becomes clear to all.  How is this
> so? Man is very troubled when he sees the wicked flourish: "a boor cannot
> know, nor can a fool understand this, when the wicked bloom like grass,
> all the doers of iniquity blossom" [3] (Tehillim 92:7-8).  What this boor
> does not understand is that the end result will be: "to destroy them till
> eternity" [4] (ibid.).  They may appear from the outside as flourishing as
> grass, but their roots are not firmly implanted - in a mere moment it will
> all collapse.  When?  That is for Hashem to determine, but fall they will.
> Man only sees the wicked flourishing, when is the average person able to
> witness Divine Providence?  When Hashem executes judgment upon the
> righteous.  One who sees quick and immediate judgment on Tzaddikim the
> likes of Nadav and Avihu, unless he is a total fool, will realize that if
> this happens to the righteous, then who knows what is awaiting the evil.
> He will come to the realization that the evil may appear to be flourishing
> now, but their ultimate end will be: "to destroy them till eternity".
>
> Asaf as well as many other prophets spoke on the matter of:
> "righteous people for whom things are bad and wicked people for whom
> things are good" [5] (Brachot 7a).  Asaf said: "But as for me, my feet
> were almost turned astray; my steps were very nearly washed aside, for I
> envied the roisterers, when I saw the peace of the wicked" [6] (Tehillim
> 73:2-3).  Then Asaf realized: "until I came to the sanctuaries of G-d; I
> contemplated their end ... how have they become desolate in an instant"
> [7] (ibid. 17,19).  Their day of judgment will come, if not sooner then
> certainly later.  A wicked person may be rewarded for any Mitzvah he may
> have performed, perhaps he has some merit from one of his forefathers that
> is sustaining him.  His heyday is but a passing phenomenon, it will not
> last too long - his ultimate end being "destroyed until eternity".
>
> Today we must speak out against what is happening, in particular
> the terrible affront to the honor of a Talmid Chacham.  Before we begin to
> discuss this, however, I feel the need to preface with the words of
> Chazal.  When the Jewish nation went out to wage war against the tribe of
> Binyamin following the incident involving Pilegesh BeGiva, they were
> absolutely in the right. If so, why was it necessary for tens of thousands
> of people to perish before victory was achieved?  After all, the tribe of
> Binyamin was far less in numbers than the rest of the nation combined.
> Chazal tell us: "for Hashem said to them: 'at the affront of my honor you
> did not protest, however at the affront to the honor of flesh and blood
> you did protest" [8] (Sanhedrin 103a).  It is true that the behavior of
> the tribe of Binyamin was atrocious, as it is described in the prophets:
> "such a thing has never happened nor been seen since the day the Children
> of Israel went up from the land of Egypt to this day" [9] (Shoftim 19:30).
> Yet when Micha setup an idol there was no protest, the people went about
> their daily routine.  They were willing to wage war for the honor of flesh
> and blood, when Hashem's honor was at stake they were silent!
>
> It is for this reason that before we protest the offense to human
> dignity, we must protest the affront to the honor of Hashem.
> Unfortunately, there is no shortage of affronts, but I will focus on what
> has occurred of late.  It was only yesterday that "ish tzar veoyev" "a man
> who is an adversary and an enemy" [10] (Esther 7:6) was brought to the
> Kotel.  His lips continue to pour out all types of niceties and words of
> reconciliation.  We can only compare this to the fourth animal (in the
> list of non-kosher animals - see Vayikra 11:7) who misleads us into
> thinking it is kosher by extending its hooves and displaying that they
> meet the requirement.  We do not see the other signs that are lacking.
> Can you imagine!  they feel that it is an honor to take a picture of "that
> man" at the Kotel (the original "that man" was this one's rebbe). The pope
> placed a note in the Kotel!  Incredible, wonder of wonders!  Who needs him
> at the Kotel?  If he wishes to come as a private individual, by all means.
> But to actually publicize that he is coming as the pope and that he will
> come to the Kotel to pray to another god?  What a total desecration of the
> Beit Hamikdash! It is bad enough he went up to Har Habayit.  There he was
> a guest of the Palestinian Authority (this does not imply that we
> recognize the PA as the ruling authority).  The church declared Hussein to
> be guardian of the holy sites (though I am not sure on what basis, for I
> am unaware whether he is a descendant of Aharon HaKohen or a member of the
> tribe of Levi).  Even if they feel that the pope has a connection with the
> Har Habayit, what does he have to do with the Kotel?  Why must he (an
> Avoda Zara) be brought to the Kotel to pray to an Avoda Zara?
> Furthermore, is this something we should be proud of?
>
> He placed a note!  He asked forgiveness!  Note how careful he was
> to avoid any mention of the Holocaust, for that would have served to lay
> to rest the claims of the Holocaust deniers.  Fine, let us give him credit
> for asking for forgiveness, after all: "Hashem, does not deprive any
> creature of any reward due to it" [11] (Baba Kamma 38b).  He will be
> rewarded!  But must we be so proud that we brought Avoda Zara to the
> Kotel?  Should this be advertised in the newspapers?  What an
> embarrassment!
>
> Then the second affront to the honor Heaven. Chazal make note of
> the juxtaposition of the commandments to revere the Mikdash and to observe
> the Shabbat in the pasuk: "My Sabbaths shall you observe and My Sanctuary
> shall you revere" [12] (Vayikra 26:2).  There have been groups of people,
> who refer to themselves as religious (e.g. members of the NRP and Meimad),
> who have come out in favor of public transportation on Shabbat, G-d
> forbid.  I can understand this being a demand of Meretz and Shinui, for
> their raison d'etre is to fight against the Torah.  But religious parties?
> They want a new social treaty! The only pact we have, was signed at Har
> Sinai and sealed once again during the days of Ezra.  Our end of the
> agreement is to observe the Torah with all our heart and soul!  What does
> it mean, a "social" agreement to permit public transportation on the
> Shabbat.  We should even be fighting against private transport!
>
> One who desecrates the Shabbat may be punished with death by
> stoning but he still has a share in the next world.  One who causes others
> to sin does not even have that.  This is deplorable!  Imagine, they are
> sitting at home eating their chulent, singing their Zmirot, and even
> teaching their children about the importance of Shabbat observance, while
> at the same time they are responsible for countless acts of Shabbat
> desecration.  There is no atonement for one who has caused others to sin!
> How can one who represents Torah (much to my chagrin one of them even
> carries the title Rav) fight for public transportation on Shabbat.  In
> addition there are those who wish to place in the company Karta, which
> until now has built without any Shabbat desecration, people who will
> desecrate the Shabbat.  Shabbat is of no value to them, certainly not
> sufficiently valuable to insist that its holiness be preserved in public.
> We must protest this affront to the honor of heaven!  How can we just sit
> back and continue as if nothing has happened?
>
> Our obligation to protest is the slander against the honor of a
> human being.  Rav Ovadia Yoseph is being placed on trial!  Who wishes to
> try him?  Eliakim Rubenstein and his cohorts.  You may say that he wears a
> Kippa and his colleagues do not, so what! there is not much difference
> between them, after all after all the pope also wears a Kippa!  Rav Ovadia
> Yoseph should be the one placing Rubenstein on trial!  What a slander,
> they accord honor to some Christian "shegetz", and then they denigrate a
> fellow Jew, a Rav, and a Talmid Chacham?  For what?  For what he said?
>
> What would have been if Rav Ovadia Yoseph had not have said what
> he said on Purim?  So what!  Moshe Rabenu said it already and the Leviim
> repeated it at Har Eval: "Accursed is the one who will not uphold the
> words of this Torah to perform them" [13] (Devarim 27:26). This is what
> the Torah writes!  Rubenstein can say whatever he pleases, he can order a
> trial in the Baga"tz (the Israeli Supreme Court), this will not erase the
> words of the Torah.  There are various explanations offered by Chazal as
> to what it means not to "uphold" the Torah.  One explanation is that it
> refers to one who has the opportunity to aid in upholding the Torah and
> does not.  Some explain that it refers to one who specifically takes upon
> himself not to uphold the Torah.  It would seem that Yossi Sarid and his
> cohorts are doing their utmost to fulfill all opinions (perhaps not all,
> for one opinion is that it refers to one who does not perform "hagbaa"
> properly - I would assume that they are not guilty of this).
>
> Had Rav Ovadia remained silent it would not have made any
> difference.  One who uproots Torah education, one who tries to rid the
> land of "yirat Shamayim", is to be cursed.  Even if we were to refer to
> the people themselves as "tinokot shenishbu" (literally children taken
> captive, for they were not given the opportunity to study the Torah), what
> about those who take them captive?  If the children should not be taught
> Torah, what should they be taught? Mohamed Darwish, or whatever his name
> is, of course!  Studying his poetry is of prime importance!  It is not
> sufficient that they be taught the heresy of Tchernikovsky, they must add
> Arab poets to their list.  One who aids such a person, or even comes out
> against Rav Ovadia Yoseph for opposing him, has aligned himself with this
> group.  It is not up to me to say that he is "accursed", the Torah already
> has done that.  They may attempt to silence Rav Ovadia, but the Torah will
> not remain silent!
>
> The Baga"tz has already proven itself expert at deleting psukim
> from the Torah. It was only recently that they negated: "one who spares
> his rod hates his child" [14] (Mishle 13:24).  With the same ease, they
> can deny that which was proclaimed on Har Grizim and Har Eval.  They can
> deny what they wish, the Torah has told us what to think of them.  "When
> the wicked bloom like grass"!  Today, they may rule.  We must remember
> that ultimately they will not succeed. Whatever they rule regarding Rav
> Ovadia will be to no avail!
>
> I once heard a sicha from my Rebbe HaRav Yechezkel Levinstein z"l.
> He pointed out that many people read how the Torah says about different
> issues "arrur", accursed, and their reaction is that this is not so bad.
> After all, the Torah does not say they have violated any prohibition or
> have failed to observe any Mitzvot.  We must keep in mind that Noach
> cursed Canaan.  Today, four thousand years later, the blacks are still on
> the lower rung of the social ladder.  They may not literally be slaves,
> yet nobody wishes to be one of them.  If "arrur" pronounced by flesh and
> blood has such an effect, we can only imagine the results of a curse from
> heaven.  They can silence me, they can silence Rav Ovadia, they cannot
> silence the Torah!
>
> Despite this, look at the honor they accord these people.  At the
> conclusion of the last Shmitta, they decided to conduct a commemoration of
> the Mitzvah of "hakhel". Among those honored with the Sefer Torah was the
> chief justice of the Supreme Court (Shamgar, who may not be as bad as
> Barak, but still left much to be desired).  Incredibly, they did not
> prevent the man from cursing himself!  He held the Torah that testified
> that one who does not uphold the Torah shall be cursed!  Who does more to
> uproot the Torah than the Baga"tz?  The Baga"tz historically has
> intervened in areas that should be reserved for the Rabbanut.  They feel
> they can decide what is kosher and what is not, as well has who has
> undergone a valid conversion and who has not. Although many authorities
> oppose this "hakhel" gathering, even the Aderet who did observe it did not
> have in mind to honor those who uproot the Torah.
>
> They can honor them as much as they want, it will not help for
> they are accursed in any event.  Perhaps they honored him because they
> expected him to express some regret for many of his decisions, I do not
> see that this "hakhel" helped at all.  He was accorded this honor and
> continued in the same path.  We must say one thing in Shamgar's favor, he
> is preferable to Aharon Barak.  The pasuk states (regarding an evil
> person): "Yet he vanished and Behold! He was no more, and I sought him but
> he was not to be found" [15] (Tehillim 37:36).  Why would we seek out one
> who is wicked?  The answer is that his successor was even more wicked than
> him.  We are now longing for the days of the previous chief justice.
> Honoring them serves no purpose!  The Torah declared that they are cursed.
>
> Not only will this be their ultimate end, but they are destroying
> themselves right now.  They are giving the land over to the Arabs, they
> are teaching Arab poetry in their schools.  We will see who will be in
> power.  They do not need Rav Ovadia or anyone else, they are bringing this
> curse upon themselves.  Even if Assad and the other Arabs do not sign an
> agreement, the curse will still be fulfilled, we must remember that any
> success they may enjoy is only passing.  They may bloom like the grass,
> but on very shaky roots.
>
> To bring a Talmid Chacham to trial?  They can determine what he
> can and cannot say?  What "chutzpa"!  They feel they can have a say on any
> matter they wish.  Rav Kolitz Shlit"a related to me how the Rabbanut had
> once decided that a certain product was not kosher.  The butchers took to
> the courts.  Although the Baga"tz ultimately ruled that the "halacha" was
> as the Rabbanut had ruled, they stressed that this should not be viewed as
> a precedent. We must not for a moment entertain the notion that the
> Rabbanut has the right to rule on whether or not something is kosher. They
> did not mean to say that they only accept kashrut certification of the
> Bada"tz.  Rather, only the Baga"tz can determine what is kosher and what
> is not!  This is tremendous!  We can actually use this to our advantage.
> We know there is a dispute between Rabenu Tam and the Gr"a as to when
> "tzeit hakochavim" is.  There are various customs regarding which to
> follow.  There no longer need be a dispute! All one need do is file a
> complaint with the Baga"tz against the Rabbanut for having the audacity to
> act in accordance with the Gr"a. What gives them the right to follow the
> Gr"a anyway?  Whatever the Baga"tz rules we will do!  They can also rule
> on whether we must don the Tefillin of Rashi or Rabenu Tam.  They are all-
> powerful, they can issue a ruling on anything!  What incredible "gaava".
> This curse against those who do not uphold the Torah, was issued in Har
> Eval and we all answered Amen.  This curse will remain forever, even if
> the Baga"tz were to rule against it.
>
> We must go out and announce who should be honored in his land:
> "blessed is the one who will uphold the words of this Torah to perform
> them".  If Rav Ovadia and others support "chareidi" or religious
> education, if they spread Torah and "yirat Shamayim", if they support
> observance of Shabbat and oppose public transportation, then it is they
> who must be blessed.  This is despite the fact that the Baga"tz has
> decided otherwise.  Shabbat is the source of all blessing.  Whoever fights
> against Shabbat observance has removed the source of blessing with his own
> hands.  It is not up to me to decide who will or will not be blessed. They
> are bringing upon themselves: "He loved the curse, so it has come upon
> him; he desired not blessing, so it has stayed far from him"  [16]
> (Tehillim 109:17).  One who does not wish that the Shabbat be observed in
> this land, will sooner or later lose.  I do not care whether or not he
> carries the title Rav, this is a very serious offense.  Let us hope that
> in the religious camps there always remain those who do not support
> Shabbat desecration, or at least do not persecute Talmidei Chachamim.
>
> Despite what has been happening, we will say a few words regarding
> Pesach:  "the more one relates the story of the exodus, the more
> praiseworthy is he" [17] .  There are two ways to explain this statement.
> We can either say that the act of relating the story deems one
> praiseworthy.  It signifies recognition of the great hand of Hashem, that
> He rules the world and has the ability to turn water into blood and blood
> into water as well as light into darkness and darkness into light.
> Repeating the story strengthens one's own belief and recognition of the
> good He has done for us. The more we relate the story, the more we feel
> that the entire world should praise the one "Who forms light and creates
> darkness" [18] .  The Jewish people, in addition, must recognize that "You
> have loved us with an abundance of love" [19] and that Hashem is the "who
> has redeemed Israel" [20] .  As Jewish people we are required to have a
> higher degree of "hakarat hatov", appreciation than the rest of the world.
> We must thank Hashem for our share in this world and in the next world.
> Other nations also have the opportunity to have a share in the next world,
> by observing the seven Mitzvot of Bnei Noach, or by converting.  We,
> however, have a greater obligation to thank Him. "Praise Hashem all
> nations; praise Him, all the states! For His kindness has overwhelmed us"
> [21] (Tehillim 117:1-2).  If the other nations must praise Him, then
> certainly we must.  Thus one who spends more time relating the story of
> the exodus is praiseworthy.
>
> There is another way of explaining the phrase.  It is not that the
> act of relating the story makes him praiseworthy, rather because he is
> praiseworthy he is spending more time relating the story.  The pasuk
> states: "a refining pot is for silver and a crucible for gold, and a man
> according to his praises" [22] (Mishle 27:21).  A refining pot is used to
> test the value of silver, a crucible for gold.  How do we judge a human
> being?  By who he praises.  If it is the football players, then we know
> where his head is. If he is in awe of those who observe Torah and keep the
> Mitzvot, then we know what he values.  Therefore, one who praises Hashem
> for taking us out of Egypt, one who understands the value of praising
> Hashem as well as Talmidei Chachamim and those who fight for Shabbat
> observance, is one who should be praised.
>
> The opposite is also true.  One who persecutes those who observe
> the Torah, one who chases after Yeshiva students, who opposes religious
> and "chareidi" education, nothing more need be said about him for he has
> made it clear just who he is.  One who places value in that defiled
> appliance (in my opinion one may only purchase one that is black on
> black), has displayed his emptiness.  One searching for ways to emulate
> the Chafetz Chaim, the Chazon Ish, the Gr"a, the Mishne LeMelech, and the
> Machane Ephraim has his head where it should be.  It is not up to us to
> determine if one should be blessed or cursed, the Torah has already done
> so.  As far as the "tinokot shenishbu", with Hashem's help they will
> repent soon and Hashem will redeem them.
>
> May the One Who redeemed us from Egypt, redeem us again and spread
> His Divine spirit on all people.  "Let everyone that has been made, know
> that You are its maker, let everything that has been molded understand
> that You are its molder and let everything with a life's breath in its
> nostrils proclaim: 'Hashem the G-d of Israel is King and His Kingship
> rules over Everything'"  [23] - only Hashem, not the god of the Christians
> or anyone else.  May there be no more Avoda Zara in the land, and may we
> have a fulfillment of "Then You, Hashem, will reign alone over all Your
> works, on Mount Zion, resting place of Your glory" [24] .  As the prophet
> tells us: "Jerusalem will be holy, and aliens will no longer pass through
> her" [25] (Yoel 4:17), speedily in our day. Amen.
>
>
> EDITOR'S NOTE:
>
> It is interesting to note, that contrary to what the media would
> have us believe, Rav Kook, in his time, used the same terminology as that
> of Rav Ovadia Yosef, at times surpassing him in his ferocity.  In one of
> his articles, Rav Kook attacked in very strong language, the decision of
> the Zionist movement to separate religion and Zionism - "you are stripping
> our nationalism of its magnificence, luster, and glory by the decree that
> religion has no part in the Zionist idea - this is a harsher decree than
> that of Pharaoh and Haman - it is spreading its evil dark wings of death
> over our fledgling national feeling".  (See HaTzofeh Tuesday 21 Adar II
> 5760)
>
> Regarding the claim of Itamar ben Avi (son of Eliezer ben Yehuda)
> that the Jews are to blame for their enemies attacking them because we
> oppress them as well by forbidding Moabites and Ammonites to enter our
> community, Rav Kook came out with a signed public protest: "I hereby
> protest in full view of the Jewish people and the entire cultured world,
> the blasphemy that he had the audacity to voice against our nation and our
> holy Torah, with insolence that the likes of which we have not heard.  A
> mouth speaking evil outrage - a mixture of ignorance and impudence.  I say
> to him - enough shut that mouth".  (This protest sign was hung up all over
> Jerusalem).
>
>
____________________________________________________________________________
_
>
>                         APPENDIX (TRANSLITERATIONS OF SOURCES)
>
>
> [1]  "vayomer Moshe el Aharon hu asher diber Hashem lemor bikrovai
>       ekadesh ve-al pnei kol haam ekaved"
>
> [2]  "beshaa sheoseh HaKadosh Baruch Hu din bikdoshav mityarei, umitaleh
>       umithallel"
>
> [3]  "ish baar lo yeda uksil lo yavin et zot bifroach reshaim kmo esev
>       vayatzitzu kol poalei aven"
>
> [4]  "lehishamdam adei ad"
>
> [5]  "tzaddik vera lo, rasha vetov lo"
>
> [6]  "vaani kimat natayu raglai ke-ayim shupchu ashurai, ki kineiti
>       baholelim shlom reshaim ereh"
>
> [7]  "ad avo el mikdeshi Kel avina le-acharitam .. eich hayu leshama
>       keraga safu tamu min balahot"
>
> [8]  "amar lahem HaKadosh Baruch Hu: bikvodi lo mechitem, al kovodo shel
>       basar vadam mechitem"
>
> [9]  "lo nihyeta velo nirata kazot lemiyom alot Bnei Yisrael meEretz
>       Mitrayim ad hayom hazeh"
>
> [10] "ish tzar veoyev"
>
> [11] "ein Hakadosh Baruch Hu mekape-ach schar kol birya"
>
> [12] "et Shabtotai tishmoru umikdashi tirau"
>
> [13] "arur haish asher lo yakim et divrei HaTorah hazot laasot otam"
>
> [14] "chosech shivto sonei bno"
>
> [15] "vayaavor vehinei einenu vaavakshehu velo nimtza"
>
> [16] "vaye-ehav klala vatevoehu velo chafetz bibracha vatirchak mimenu"
>
> [17] "kol hamarbe lesaper biYetziat Mitzrayim harei zeh meshubach"
>
> [18] "yotzer or uvorei choshech"
>
> [19] "ahava rabba ahavtanu"
>
> [20] "gaal Yisrael"
>
> [21] "halelu et Hashem kol goyim shabechuhu kol haumim ki gavar aleinu
>       chasdo"
>
> [22] "matzref lakesef vekur lazahav veish lefi mahalalo"
>
> [23] "Veyeda kol paul ki ata pe-alto, veyavin kol yetzur ki ata yetzarto
>       veyomar kol asher neshama beapo Hashem Elokei Yisrael melech
>       umalchuto bakol mashala"
>
> [24] "vetimloch ata Hashem levadecha al kol maasecha beHar Tzion mishkan
>       kevodecha"
>
> [25] "vehaya Yerushalayim kodesh vezarim lo yaavru ba od"
> --------------------------------------------------------------------------
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