Avodah Mailing List

Volume 28: Number 80

Mon, 23 May 2011

• 1. Upsherin (Prof. Levine)
• 2. Re: paskening by Nevuah (kennethgmil...@juno.com)
• 3. Re: paskening by Nevuah (Zev Sero)
• 4. Re: paskening by Nevuah (Rich, Joel)
• 5. Re: Upsherin (Micha Berger)
• 6. machloket (Eli Turkel)
• 7. Haircut, Shave, Wedding On Erev Shabbos When Lag BaOmer Is Motza'ei Shabbos (Prof. Levine)
• 8. Impurities sometimes flow upwards (Micha Berger)
• 9. paskening according to nevua (Simi Peters)
• 10. A Printing Mistake and the Mysterious Origins of Rashbi?s Yahrzeit (Prof. Levine)
• 11. Re: A Printing Mistake and the Mysterious Origins of Rashbi?s Yahrzeit (Rafi Hecht)
• 12. Re: A Printing Mistake and the Mysterious Origins of Rashbi???s Yahrzeit (Micha Berger)
• 13. Shaila's to be asked on making Aliya (Liron Kopinsky)
• 14. ?Sephardic Yekkes? ? Western Sepharadim And Some Of Their Yekke minhogim (Prof. Levine)
• 15. Geneivas Da'as (Moshe Y. Gluck)

Since Lag BaOmer is almost here, I think that people should be aware 
of the article

Cutting A Boy's Hair Without Doing a Chalaka (Upsherin)  Please see 
http://www.stevens.edu/golem/llevine/rsrh/shorshei_hair_cutting.pdf

R'n Lisa Liel wrote:

> That's the whole reason Eliyahu didn't die.  He'll pasken from
> the Torah he learned both before, during and after the time of
> the Gemara. And svara, of course, like any other talmid chacham.

Wow!

I used to think that indeed, Eliyahu would pasken by telling us what HaShem
really meant. But that goes against "Lo bashamayim hee." Or perhaps we
would follow his psak simply out of kavod for him. But that's not the
proper approach to halacha either. Actually, I don't even remember what I
would have said on this topic yesterday, because in this one paragraph, RLL
has so totally blown away everything I used to think on this topic.

It will be totally natural, as she writes. His great age will mean that he
will have had a long time to grow both in Torah and in wisdom. He will have
learned *from* the gedolim of all the generations, and quite possibly even
*with* the gedolim of all the generations. And the net result will be that
we'll follow his psak not because of his nevuah, and not because of his
charisma, and not even out of respect. But simply because he will know the
answers. He will have had the opportunity to develop explanations for his
views. And of course he will welcome any questions -- to which he will have
all the right answers.

And it will come to pass that we will follow his psak not by edict, but
because we will see and understand that he is, for lack of a better word...
correct! Imagine that! All of Klal Yisrael following one rav, simply
because he is correct!

Nothing could be more natural.

And nothing could be more miraculous!

May we all live to see it soon, bimehera b'yameinu.

Akiva Miller

____________________________________________________________
Dermatologists Hate Her
Local Mom Reveals $5 Trick to Erase Wrinkles. Shocking Results Exposed
http://thirdpartyoffers.juno.com/TGL3131/4dd46c28fb5f4de2bcst06vuc

On 18/05/2011 9:00 PM, kennethgmil...@juno.com wrote:

> It will be totally natural, as she writes. His great age will mean
> that he will have had a long time to grow both in Torah and in wisdom.
> He will have learned *from* the gedolim of all the generations, and
> quite possibly even *with* the gedolim of all the generations. And the
> net result will be that we'll follow his psak not because of his
> nevuah, and not because of his charisma, and not even out of respect.
> But simply because he will know the answers. He will have had the
> opportunity to develop explanations for his views. And of course he
> will welcome any questions -- to which he will have all the right
> answers.

There's that. There's also the fact (that Chazal tell us) that there used
not to be much machlokes, because everyone knew the correct halacha, and
our current state of confusion is the result of our forgetting all that.
So Eliyahu can just tell us what he remembers from before the days of
forgetfulness.  "A kav of dates and pomegranates in a four-amah square?
My teacher Achiyah asked that very question of Moshe Rabbenu, and this
was Moshe's answer..."

-- 
Zev Sero                      The trouble with socialism is that you
z...@sero.name                 eventually run out of other people?s money
                                                      - Margaret Thatcher

 You might find this shiur of interest:
http:
//download.yutorah.org/2011/4909/761056/Eliayahu%20HaNavi:%20Man%20or%2
0Malach.MP3
http://www.yutorah.org/lectures/lecture.cfm/761056/Rabbi_Yo
ni_Levin/Eliayahu_HaNavi:_Man_or_Malach
Rabbi Yoni Levin -Eliayahu HaNavi: Man or Malach? 

KT
Joel Rich
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On Wed, May 18, 2011 at 05:42:06PM -0400, Prof. Levine wrote:
> Since Lag BaOmer is almost here, I think that people should be aware of 
> the article
> Cutting A Boy's Hair Without Doing a Chalaka (Upsherin)  Please see  
> http://www.stevens.edu/golem/llevine/rsrh/shorshei_hair_cutting.pdf

What exactly do you believe is the role of minhag in determining my
practice?

Does minhag trump my personal reasoning, as you appeared to advocate
early today when it comes to the siddur?

Or does your reasoning override a minhag, as you appear to be advocating
now?

Kindly explain where you draw the chiluq.

Tir'u baTov!
-Micha

<<According to many of Rav Ruderman's talmidim, he frequently quoted an
expression from the Introduction to a Sefer called "Ein Habedolach". The
author, a city Rov who spoke from wisdom as well as experience, writes,
"Mutav She'yumad Tzelem B'Heichal, V'Al Yarbeh Machlokes B'Yisrael."   His
choice of words might have been a little hyperbolic, but only a little.
Those who adopt his phrase as a  mantra of sorts will surely reap its
rewards.>>

Reminds of a story with R. Chaim Volozhin. They came to him with a question
of an
argument over a schochet. His answer is that the problems with the schochet
are all
rabbinical but a machloket is a biblical prohibition

-- 
Eli Turkel
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 From http://tinyurl.com/3n4z9tg

Haircut, Shave, Wedding On Erev Shabbos When Lag BaOmer Is Motza'ei Shabbos
There is a machlokes between the Mahari Veil and the Maharil, when 
Lag BaOmer falls out Motza'ei Shabbos, if it is permissible to shave 
on Erev Shabbos, L'Kavod Shabbos.  The Rema (OC 493:2) paskens that 
it is mutar to take a haircut and shave in this case.

What about a wedding on Erev Shabbos?  The She'arim Metzuyanim 
BaHalacha (120:14) brings from Rav Shloime Kluger that he was matir 
in a Shaas HaDchak, when the chasuna was set for Sunday Lag BaOmer 
but they were worried about a Chupas Nidda, which has its own 
halachic complications.  Therefore since we allow haircuts L'Kavod 
Shabbos, he allowed the chasuna to be moved up to Erev Shabbos as 
well, because of Oneg Shabbos.

The Divrei Malkiel also is only matir B'Shaas HaDchak.  Even though 
haircuts are permitted L'Chatchila, the Taz (493:2) holds that 
haircuts are more lenient than weddings.  Therefore, says the Divrei 
Malkiel, one should not make a wedding, L'Chatchila, on the Friday before.

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 From the Physics arXiv's blog. ("The Physics arXiv Blog ... coverage
of the best new ideas from an online forum ... on which scientists post
early versions of their latest ideas.")
<http://www.technologyreview.com/blog/arxiv/26771>

    Contaminants Can Flow Up Waterfalls, Say Physicists
    Physicists have discovered an entirely new process of upstream
    contamination -- by studying the behaviour tea leaves

    Here's a curious phenomenon.

    The south American drink 'mate' is a tea-like beverage in which
    finely cut, dried leaves from the yerba mate herb are infused in
    hot water. The dried leaves, just a few square mm in size, tend to
    float on the surface of the water

    While pouring the hot water onto the leaves, Ernesto Althsuler and
    buddies at the University of Havana in Cuba, noticed a puzzling
    phenomenon. They found that, sometimes, the leaves would somehow
    travel upstream and end up contaminating the upstream container of
    pure water.

    Being diligent physicists, they decided to investigate. They found
    that the leaves (and also chalk powder) were able to navigate upstream
    if the waterfall was less than about a centimetre in height. "For
    distances of the order of 1 cm or less, some of the floating particles
    eventually start to "climb up the stream"," they say.

    How can this be? Altshuler and co say the geometry of the system
    is important. Their set up consists of a relatively long horizontal
    channel, along which the water flows, followed by a short drop into
    the infusion (see diagram above)....

(Much about vortexes deleted)

Relevence to Avodah? See Yadayim 4:7. A nitzoq, a poured stream, into a
tamei keli passes tum'ah back up the stream. The Tzequdim disagreed. R'
Lawrence Schiffman notes that the "Halachic Letter" 4QMMT found at Qumran
states like the Tzeduqim. ("Reclaiming the Dead Sea Scrolls", pg 87.)

It would seem that in physics, it takes a long horizontal flow followed
by a tiny drop in order for physical impurities to make their way up
the flow. Apparently metaphysical vortexes are far larger than their
physical counterparts.

According to what I proposed here in the past, halakhah is based
on psychology and existentialism more than physics, and thus the
"metaphysical vortex" is another term for our experiencing their
connection.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 30th day, which is
mi...@aishdas.org        4 weeks and 2 days in/toward the omer.
http://www.aishdas.org   Gevurah sheb'Hod: When does capitulation
Fax: (270) 514-1507                  result in holding back from others?

Haham adif mi'navi.

Lo bashamayim hi (in tanur ahnai)..

Nefesh haHaim on why the avot could modify halakha and we cannot.

These sources seem to indicate that paskening by nevua or in ways akin to
it is not permitted, which makes perfect sense.  The Torah is sealed with
Moshe Rabbenu.


Kol tuv,
Simi Peters
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The following is taken from  http://tinyurl.com/3ddwkh4  Please see 
this URL for the entire article.

The most well known explanation to the connection between Rashbi and 
Lag Ba-Omer is that Rashbi died on that day, and he was one of the 
students of R. Akiva. Assuming for a moment that this is factually 
correct, it is quite strange that we celebrate Rashbi's death. We 
don't celebrate the yarzheit of Avraham Avinu, Moshe Rabbeinu, David 
HaMelech, or any other great people with bonfires. Rather, halakha 
states the opposite - to fast on a yahrzeit, especially on those days 
that great people died. This problem is addressed by the Sho'el 
u-Meshiv (5:39) and because of this question and others, he was very 
skeptical of the celebration that takes place at Meron. R. Aryeh 
Balhuver, in his Shem Aryeh (no. 13), points out that because of the 
celebration that takes place at Meron for Rashbi, people began to be 
lenient about fasting on the yarzheit of their parents.

Another problem is that neither Chazal nor any of the Rishonim 
mention Rashbi dying on Lag Ba-Omer; and as a general rule we do not 
make any form of a Yom Tov on a day that is not mentioned in Chazal. 
This issue was addressed by the Chatam Sofer in his teshuvot (Y.D. 
233) and because of this, he too was very skeptical of the way Lag 
Ba-Omer is celebrated.

The late Meir Benayahu z"l and, more recently, R. Yaakov Hillel, 
confirmed, based on many early manuscripts that this reading that 
does not have Rashbi dying on Lag be-Omer, is the correct reading 
from the writings of R. Chaim Vital. Recently, R. Yaakov Hillel 
printed the Sefer Shaar Ha-Tefilah from a manuscript of R. Hayyim 
Vital's actual handwriting, and in that location (p. 312), as well, 
the passage states that it was the day of Simchat Rashbi, not the day he died.

Interestingly, the Chida in his work Birkhei Yosef, printed in 1774, 
writes that Rashbi died on Lag Ba-Omer. But in a later work of his, 
Ma'aret Ayin, printed in 1805, he writes that the Prei Etz Chaim is 
full of mistakes and this statement regarding Lag Ba-Omer and 
Rashbi's death day is one of them. So the Chida's conclusion is that 
it is not a reference to Rashbi's day of death at all. This 
conclusion is accepted by later authorities, including Takfo Shel Nes 
(p. 59a), Shu"t Rav u-Po'alim (1:11), and Tziyun LeNefesh Chayah (no. 65)
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I've read this before, just in a different context:
http://muqata.blogspot.com/2006/05/lag-baomer-one-big-mistake.html
<http://muqata.blogspot.com/2006/05/lag-baomer-one-big-mistake.html>
Best Regards,

Rafi Hecht
rhe...@gmail.com
416-276-6925
www.rafihecht.com
---
Never Trust a Computer You Can't Throw Out a Window - Steve Wozniak


On Fri, May 20, 2011 at 5:32 AM, Prof. Levine <llev...@stevens.edu> wrote:

>  The following is taken from  http://tinyurl.com/3ddwkh4  Please see this
> URL for the entire article.
>
> The most well known explanation to the connection between Rashbi and Lag
> Ba-Omer is that Rashbi died on that day, and he was one of the students of
> R. Akiva. Assuming for a moment that this is factually correct, it is quite
> strange that we celebrate Rashbi?s death. We don?t celebrate the yarzheit of
> Avraham Avinu, Moshe Rabbeinu, David HaMelech, or any other great people
> with bonfires. Rather, halakha states the opposite - to fast on a yahrzeit,
> especially on those days that great people died. This problem is addressed
> by the Sho?el u-Meshiv (5:39) and because of this question and others, he
> was very skeptical of the celebration that takes place at Meron. R. Aryeh
> Balhuver, in his Shem Aryeh (no. 13), points out that because of the
> celebration that takes place at Meron for Rashbi, people began to be lenient
> about fasting on the yarzheit of their parents.
>
> Another problem is that neither Chazal nor any of the Rishonim mention
> Rashbi dying on Lag Ba-Omer; and as a general rule we do not make any form
> of a Yom Tov on a day that is not mentioned in Chazal. This issue was
> addressed by the Chatam Sofer in his teshuvot (Y.D. 233) and because of
> this, he too was very skeptical of the way Lag Ba-Omer is celebrated.
>
> The late Meir Benayahu z"l and, more recently, R. Yaakov Hillel, confirmed,
> based on many early manuscripts that this reading that does not have Rashbi
> dying on Lag be-Omer, is the correct reading from the writings of R. Chaim
> Vital. Recently, R. Yaakov Hillel printed the *Sefer Shaar Ha-Tefilah *from
> a manuscript of R. Hayyim Vital?s actual handwriting, and in that location
> (p. 312), as well, the passage states that it was the day of Simchat Rashbi,
> not the day he died.
>
> Interestingly, the Chida in his work *Birkhei Yosef*, printed in 1774,
> writes that Rashbi died on Lag Ba-Omer. But in a later work of his, Ma?aret
> Ayin, printed in 1805, he writes that the Prei Etz Chaim is full of mistakes
> and this statement regarding Lag Ba-Omer and Rashbi?s death day is one of
> them. So the Chida?s conclusion is that it is not a reference to Rashbi?s
> day of death at all. This conclusion is accepted by later authorities,
> including* Takfo Shel Nes *(p. 59a), *Shu?t Rav u-Po?alim* (1:11), and *Tziyun
> LeNefesh Chayah* (no. 65)
>
>
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On Fri, May 20, 2011 at 09:40:37AM -0400, Rafi Hecht wrote:
: I've read this before, just in a different context:
: <http://muqata.blogspot.com/2006/05/lag-baomer-one-big-mistake.html>

We discussed it here too.

The Ari, as recorded in the Peri Eitz Chaim, definitely linked Lag baOmer
to R' Shimon bar Yochai. The typo sameich to shemeis would change it
from being the day the day of Rashbi's samechah to the day on which he
died. And it is even possible that the simchah involved was itself a
reference to a hillulah, and it was referring to is yahrzeit anyway.

But given that the linkage itself isn't in dispute, I fail to see how
pointing out this typo plays down the role of Meron observances.

:-)BBii!
-Micha

-- 
Micha Berger             Today is the 31st day, which is
mi...@aishdas.org        4 weeks and 3 days in/toward the omer.
http://www.aishdas.org   Tifferes sheb'Hod: What level of submission
Fax: (270) 514-1507                      results in harmony and balance?

Hi All,
We are making Aliya this summer, and I'm looking to compile a list of
shailas to ask my (currently) LOR about things we need to be aware of
"straight off the boat." Other than questions like "what hashgacha do you
suggest we follow", what questions do you suggest I ask and what things
should I be aware of?

Is "making aliya" any different than just coming on a trip in term of
standard, day-to-day halacha? Obviously things like how many days of yom tov
you keep are affected but is there anything else?

Kol Tuv,
Liron
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 From http://tinyurl.com/3qjewuq

I have seen a number of cases, where, surprisingly, the minhogim of 
Spanish and Portuguese Sepharadic communities discussed there are the 
same as those of Yekkes. The Western European Sepharadim are a 
community parallel to the Yekkes among Ashkenazim in a way and to a 
degree, in that they preserved certain old Spanish minhogim like the 
Yekkes have preserved old Ashkenaz ones. So that points to old 
traditions of Sefard and  Ashkenaz being in accordance with regard to 
those matters.

Please see the above URL for the rest.  YL
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: R' MB (on Areivim):
: Again, I do not see a problem with (1) omitting the picture, (2)
: blurring the picture so that the alteration is self-evident, (3) noting
: the deletion in a caption to the picture. All of which is equally what
: their readership wants them to do -- but without the misinformation
: about the Sec of State not looking like she's in the loop in the raid.
: 
: Geneivas daas comes from the vast majority of pictures not being altered
: in this way, and therefore the readership thinking that any given picture
: represents reality.
: ----------------

I was thinking about what R' MB was writing about this subject - that shinui
ha'emes is sheker - and wondering what difference it would be from wearing
makeup, or dyeing one's hair to look younger. Wearing clothing or jewelry
that makes one look wealthier than he or she is. Costume jewelry.
Advertising a business with a Broadway address that really is a mailbox
service. Having a virtual secretary. V'cha'heinah rabbos.


Thoughts?

KT,
MYG



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