Avodah Mailing List

Volume 34: Number 34

Sun, 27 Mar 2016

• 1. Re: Chaya Livsumei (Isaac Balbin)
• 2. Halacha Yomis - Wine, non-mevushal (Prof. Levine)
• 3. Jews in the Persian State-an Experience of Timeless Value (Prof. Levine)
• 4. Re: Toiveling a Tray (Akiva Miller)
• 5. Using A Check For Matanos L?Evyonim (Prof. Levine)
• 6. Fasting until after the megillah (Zev Sero)
• 7. Shemitta / Purim Sheilos (Prof. Levine)
• 8. Re: Fasting until after the megillah (Yosef Gavriel Bechhofer)
• 9. Halacha Yomis - "18 minute" matzah (Prof. Levine)

In the words of Mori V'Rabbi Rav Schachter in Torah Web on "Torah
and Nevuah"

"The generally accepted approach today is that which was offered by
Rav Soloveitchik over sixty years ago (see Divrei Hagos V'Ha'aracha,
pg. 66. See Minchas Yisroel, by Rav Yisroel Shurun, pg. 22). "Ho'over
al divrei novi" only applies to one who violates a hora'as sha'ah. One
who would leave over some mohn until the morning, in violation of
the instructions of Moshe Rabbeinu, would indeed deserve misa beydei
shomayim. But the "mitzvos", with a binding force for all generations,
and which were only given by Moshe Rabbeinu, are not included in this
category. They have their own system which has its own hierarchy of
punishments. "Over al divrei novi" applies only to one who violates a
"dvar nevuah". Some of Moshe Rabbeinu's instructions were "divrei nevuah",
while most were elevated to the level of "divrei Torah" and "mitzvah"
because of their binding force for all generations

In the first half of the Sefer Hamitzvos, Rambam postulates what he
considers the fourteen principles which he feels determine whether
any given commandment deserves to be included in the list of the
613 mitzvos. His third guideline is that only obligations which apply
throughout all the generations are considered mitzvos. This principle is
rooted in the passage of the Toras Kohanim cited in the Rashi beginning
of Parshas Tzav.

In his commentary to the mishnayos (end of Sanhedrin), Rambam lists what
he considers are the thirteen principles of our faith. We believe in
prophecy. It is possible for G-d to communicate with man. We also believe
that the prophecy of Moshe Rabbeinu was on a higher level than that of
any of the other prophets. What does this mean? Is Rambam grading the
prophets? If Moshe Rabbeinu gets an A+, what does Micha get? And what
grade does Chavakuk deserve?

No, this is not a matter of grading Moshe's prophecy. What Rambam means to
say is that the only prophet who was ever given mitzvos (with a binding
force for all future generations) was Moshe Rabbeinu. His was the only
prophecy that was on the level of Torah.

This point is spelled out explicitly in Rambam's commentary to mishnayos
Chulin at the end of Gid Hanoshe. Even the mitzvos of milah and gid
hanoshe which were given to Avraham Avinu and to Yaakov Avinu are not
binding today because of Avraham's prophecy, or that of Yaakov; but
rather because these commandments were given again later on to Moshe
Rabbeinu. Only then did they acquire the status of "mitzvos". Before
ma'amad har Sinai, milah was only a "dvar nevuah", and one who would
not fulfill this obligation would deserve misa beydei shomayim. This
explains the incident recorded in Parshas Shmos, where the angel came to
kill Moshe for neglecting to perform the milah of his son. At that time
milah was not yet (strictly speaking) a mitzvah, and as a "dvar nevuah"
one who would violate it would have the status of "over al divrei navi".

 Moshe Rabbeinu was the only prophet who was given what we technically
 refer to as "mitzvos", commandments which are binding throughout all
 the future generations, because they constitute the description of G-d's
 essence, which is not subject to change. None of the prophets were ever
 shown "the image of God", i.e., were never given "mitzvos". They were
 only given a "hora'as sha'ah", of a temporary nature only. There will
 always be instances where there will be a clash between two contradictory
 mitzvos. Life is always full of conflict! The world is always full
 of contradictions! Much of the halachic literature deals with how to
 resolve halachic conflicts. We must follow halacha even when it appears
 to us to be unethical or immoral. The Holy One who implanted within us
 the sense of ethics and morality is the same One who commanded us to
 follow His halachos, even if we don't understand them."

Esther said Kisvuni L'Doros, and the Sanhedrin Paskened that it be part
of Ksuvim. The Sanhedrin is an outcome of Moshe's Torah. Hence the word
Chiyuv. If it was Nhagin, we say Nohagin. That an Amora said it doesn't
mean that he made a Psak. Perhaps he was transmitting the series of
actions the Sanhedrin made a Takono for as he heard it, and as such we
have a Chiyuv. Punishment is another category which may or may or not
apply. It could be that if you didn't do it you were transgressing a
Takono/Psak and what that entails. Los Sosur? They left it subjective
clearly. There isn't a Chazon Ish or R' Chaim Naeh shiur about how much
you have to drink. Each according to what affects him effectively?

  Is there any problem with an aino Yehudi handling a closed bottle 
of non-Mevushal wine?

OU Kosher


OU Kosher Halacha Yomis
This column is dedicated in memory of:
Rav Chaim Yisroel ben Reb Dov HaLevy Belsky, zt'l
Senior OU Kosher Halachic Consultant (1987-2016)
Q. Is there any problem with an aino Yehudi handling a closed bottle 
of non-Mevushal wine? Does the non-Mevushal wine always have to 
remain covered in an aino Yehudi's presence, so that he doesn't even 
look at it and render it prohibited? (A subscriber's question)

A. Shulchan Aruch (Yoreh De'ah 124:17) writes that if an aino Yehudi 
shakes an open bottle of wine, even though he did not directly touch 
the wine, it becomes forbidden. However, if the bottle is closed, 
even if it is not sealed, it may be moved or even shaken by an aino 
Yehudi (Yoreh De'ah 124:25) because ain derech nisuch b'kach (this is 
not a method for serving idolatry.) However, if the bottle is not 
sealed, an aino Yehudi should not be left alone with the bottle of 
wine. There is a concern that the bottle might be opened and poured.

Some have a custom (based on the Shelah Hakadosh) not to use wine for 
Kiddush if an aino Yehudi looked at it. In some communities this 
custom is widely followed while in others it is not observed.

More about this program and to subscribe visit 
https://oukosher.org/halacha-yomis-email/

View archive on https://oukosher.org/halacha-yomis/

Subscribers can also ask their own questions on Kashrus issues and 
send them to grossm...@ou.org. These questions and their answers may 
be selected to become one of the Q and A's on OU Kosher Halacha Yomis.



[]

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You may read this essay by RSRH at 
http://web.stevens.edu/golem/llevine/rsrh/adar_iv_all.pdf

YL

R' Yitzchok Levine posted:

> OU Kosher Halacha Yomis
>
> Q. This Purim, I am planning to send cookies to my neighbor
> on a metal tray for mishloach manos. Should I tovel the
> tray, or should my neighbor perform the tevilah?
>
> A. Bais Yosef (Yoreh De'ah 120) writes that tevilah is
> only required for utensils used with food. Thus, if a
> Jewish store owner buys utensils from a non-Jew for resale,
> the merchant is not obligated to perform the mitzvah of
> tevilah. Since there is no mitzvah, even if the merchant
> was tovel the utensils, the tevilah would be ineffective;
> the purchaser would be required to perform tevilah in
> spite of the earlier tevilah. ...
> ...
> ...

I do not understand this. Why would the tevilah be ineffective?
Mechaber/Rama YD 120:15 say that the tevilah would be valid even if a
non-Jew immersed it (provided that we know it was done properly).

Why would this case be any different?

One answer that I can imagine might go like this: The critical point is not
that "the merchant is not obligated to perform the mitzvah of tevilah", but
that while the merchant owns it, it is not yet considered a food utensil,
and *that's* why the tevilah is ineffective. But according to that logic,
when a Jewish customer purchases it, that's when it becomes a food utensil,
and if so, it is a Jewishly-made utensil that is *exempt* from tevilah!

Akiva Miller
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 From http://tinyurl.com/hj9c2xz


Using A Check For Matanos L'Evyonim

1. The mitzvah of Matanos L'Evyonim on Purim is to give at least one 
gift to two different poor people on Purim day. (S.A. 694:1)

2. There is a great discussion amongst the poskim as to the proper 
amount to give to each poor person. The Ritva writes that even a 
perutah (i.e., a minuscule amount of money) may be given to each of 
the two poor people in order to fulfill this mitzvah. However, others 
maintain that practically one should give enough money with which the 
poor person can purchase for himself a decent meal. (see Yismach 
Yisroel page 121 and Halichos Olam vol. 1 page 233) I have heard from 
Rabbanim that the amount of money that a poor person would need to 
purchase a bagel, coffee, and some other small side dish or two 
slices of pizza and a can of soda, definitely suffices for the 
minimum amount required to be given to each of the two poor people. 
For practical halacha, a rav should be consulted.

3. The poskim maintain that giving a check to a poor person fulfills 
the mitzvah of Matanos L'evyonim. (Rivevos Efraim 5:455:2 and 
Halichos Shlomo Purim page 342)

4. Harav Shlomo Zalman Auerbach zt"l explains that one can use a 
check even if the bank is not open on Purim. (Halichos Shlomo ibid.) 
This is also the view of Harav Yisroel Belsky zt"l (Piskei Harav 
Belsky page 124)

5. Harav Belsky zt"l (Piskei Harav Belsky ibid.) explains that the 
custom is not to give a post-dated check for the mitzvah of Matanos 
L'Evyonim. He then adds that some poskim opine that one should not 
give a check if he does not have sufficient funds to cover the check. 
However, if one will accrue the funds by the time the poor person 
cashes the check then it is permitted.
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What is wrong with drinking water before the megillah?   Why don't
people do this?   Also, for those who make kiddush before shofar,
why don't they eat before the megillah too, for the same reason?


-- 
Zev Sero               All around myself I will wave the green willow
z...@sero.name          The myrtle and the palm and the citron for a week
                And if anyone should ask me the reason why I'm doing that
                I'll say "It's a Jewish thing; if you have a few minutes
                I'll explain it to you".

Now that Kedushas Sheviis produce is commercially available, in fact 
flooding the market place, may one send Shemitta produce as Mishloach 
Manos on Purim

Now that Kedushas Sheviis produce is commercially available, in fact 
flooding the market place, may one send Shemitta produce as Mishloach 
Manos on Purim? Is this a considered a proper use of Shemitta 
produce? Or more to the point, is this Purim Mitzvah considered an 
outright obligation or a personal need? Puzzled? Well, you've come to 
the right place...

To find out, read the article 
"<http://sable.madmimi.com/click?id=10500.17884.220.1.729c61
3a9138e985fadc7addb0c6a7f8>Insights 
Into Halacha: Shemitta / Purim Sheilos".

For all of the Mareh Mekomos / sources, just ask.


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I do. Not water. Coffee.

KT, AFP,
YGB

On 03/22/2016 06:29 PM, Zev Sero via Avodah wrote:
> What is wrong with drinking water before the megillah?   Why don't
> people do this?   Also, for those who make kiddush before shofar,
> why don't they eat before the megillah too, for the same reason?
>
>

  What is the difference between regular machine matzah and those 
labeled "18 minute" matzah?

OU Kosher


OU Kosher Halacha Yomis
This column is dedicated in memory of:
Rav Chaim Yisroel ben Reb Dov HaLevy Belsky, zt'l
Senior OU Kosher Halachic Consultant (1987-2016)
Q. What is the difference between regular machine matzah and those 
labeled "18 minute" matzah?

A. Regular machine matzah is made in a continuous production, such 
that any tiny crumbs of dough that might separate from an earlier 
dough will almost certainly get mixed into one of the subsequent 
doughs which immediately follow. Since it takes 18 minutes for dough 
to become chametz, the assumption is that all crumbs will get mixed 
back in and will be baked before 18 minutes. Matzahs baked in the 
first 18 minutes after a cleaning are labeled "18 minute" matzahs. 
These matzahs are considered more mehudar (superior), since there is 
no possibility at all that they might contain crumbs that were not 
baked within 18 minutes.

More about this program and to subscribe visit 
https://oukosher.org/halacha-yomis-email/

View archive on https://oukosher.org/halacha-yomis/

Subscribers can also ask their own questions on Kashrus issues and 
send them to grossm...@ou.org. These questions and their answers may 
be selected to become one of the Q and A's on OU Kosher Halacha Yomis.
[]

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