Avodah Mailing List

Volume 32: Number 99

Sun, 29 Jun 2014

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Subjects Discussed In This Issue:
Message: 1
From: Micha Berger
Date: Thu, 26 Jun 2014 17:42:06 -0400
[Avodah] Conservation - A Halachic Treatment

I was thinking of just sending this to RtSB, but then I figured that
while she may be pleased to know that YU's CJF (Center for the Jewish
Future) is addressing the topic, she is also the one of us most likely
to know the content already.

So, the CJF puts out these monthly "Shabbat Table Discussions" pamphlets;
4 pages of hypothetical cases and sources to launch Torah-based Shabbos
discussions. Generally on being adam lachaveiro issues -- the ethics
of waiting on line, is it ever ok to lie?, etc...

The current issue is, as my subject line says, on the topic of

Tir'u baTov!

Micha Berger             It isn't what you have, or who you are, or where
mi...@aishdas.org        you are,  or what you are doing,  that makes you
http://www.aishdas.org   happy or unhappy. It's what you think about.
Fax: (270) 514-1507                        - Dale Carnegie

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Message: 2
From: via Avodah
Date: Thu, 26 Jun 2014 22:23:08 -0400 (EDT)
Re: [Avodah] La'azei Rashi

From: "Moshe Y. Gluck via Avodah"  <avo...@lists.aishdas.org>

Does anyone know of a place online  where one can look up the meaning of
La'az words in  Rashi?


Does this help?
Click here: Chumash Search by Chapter and Verse 

--Toby Katz


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Message: 3
From: via Avodah
Date: Thu, 26 Jun 2014 22:10:45 -0400 (EDT)
Re: [Avodah] Kavod haTzibbur

From Toby Katz
From: Micha Berger via Avodah  <avo...@lists.aishdas.org>

>>During the discussion about  giving aliyos to women, I asked whether
the kevod hatzibbur refers to the  kavod of the set of men comprising
the minyan, the minyan as a unit, or the  minyan as a component of Benei
Yisrael -- the kavod of the national  tzibbur.

I wanted to know because it seems clear that if we're talking  about
the kavod of the individuals in the minyan, then it would seem  logical
that if they are mokhelim, or do not find it an insult to even  forgive,
then there should be no kevod hatzibur  problem.<<

Micha  Berger              

Just as a king is not allowed to be mochel on his kovod, a minyan is not  
allowed to be mochel on its kovod, once it has been established in hundreds 
of  places and for hundreds of centuries, that certain things constitute an 
insult  to the kovod of the tzibbur.  
--Toby Katz


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Message: 4
From: Rabbi Meir G. Rabi, its Kosher!
Date: Fri, 27 Jun 2014 08:40:32 +1000
[Avodah] Chamira sakanta mei'issura

I think RZS meant - Plants that are being eaten by the local population or
perhaps even the animals in the vicinity, are assumed to be safe for
consumption, unless we have reason to suspect that it is unsafe.

However, foods that have been GenMod, are not just accelerated naturally
modified products. Modifications are performed that can not occur in the
natural order of the natural world.

So these GenMod products are not plants that are being eaten by the local
population although perhaps they have been tested on animals.

Re The ingredient is carmine.  That's what it's called, and that's what
it's always been called.
This really is a question of deceptive advertising - Geneivas DaAs. An
individual or an industry that chooses language, that pays V big $$ to
choose their words and craft their advertising - is based upon the notion
of caveat emptor, a rather old fashioned and today accepted as improper
legal assertion. I think Halacha also takes a dim view of placing the onus
upon the often uninformed unsophisticated consumer as opposed to the vendor
who can be scheming and manipulative.

And even if this generation has a different set of cringe-values, it is
still deceptive to apply yesterdays values. This may also apply to a small
segment of the population having a higher cringe-value, something to do
with Ein HolChim BeMammon Achareu HaRov
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Message: 5
From: Kenneth Miller
Date: Fri, 27 Jun 2014 01:52:58 GMT
Re: [Avodah] Wetting and Rolling Rice paper on Shabbat

Esther and Aryeh Frimer asked:

> Has anyone heard of a psak regarding wetting and using Rice paper
> Sheets on Shabbat for wraps?

I have not heard this question before (I didn't even know that rice paper
needs to be wetted before use) but now that you've asked, I've been
thinking of comparable situations.

I presume that your concern relates to wetting things on Shabbos in general, which I see as related to two melachos: melaben and sechita.

It is difficult for me to imagine that melaben (laundering) might apply to
something other than a fabric, but Rabbi Dovid Ribiat (The 39 Melachos)
does touch on this. He mentions on page 690 that melaben does not apply to
wooden objects, even though they "are slightly porous, because they do not
absorb any tangible dirt or grime. Dirt and grime adhere only to the
*surface* of these materials..." I'm not sure how (or whether) this might
be relevant to rice paper.

Sechita would seem to be much more relevant. We may not squeeze the juice
from an orange, so perhaps there is a problem with handling a wrap made
with wetted rice paper, lest one come to squeeze the water out of the
paper. But Rabbi Ribiat has a long section titled "Squeezing preserved and
cooked foods" (pages 341-345) which lists all sorts of foods where
squeezing their juice is not a problem, provided that he does not want the
squeezed liquid. Examples he gives include squeezing the juice from a
pickle, the grave from a piece of meat, or the soup from the vegetables
that were cooked in the soup. From this aspect, I'd guess that the
inadvertent squeezing of water from the rice paper is not a problem for
this melacha.

Can anyone else think of other problems with using this rice paper?

Akiva Miller
Odd Carb-Hormone Trick
1 EASY tip to increase fat-burning, lower blood sugar & decrease fat storage

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Message: 6
From: Lisa Liel
Date: Thu, 26 Jun 2014 22:46:56 -0500
Re: [Avodah] Kavod haTzibbur

On 6/26/2014 9:10 PM, via Avodah wrote:
> From Toby Katz
> Just as a king is not allowed to be mochel on his kovod, a minyan is 
> not allowed to be mochel on its kovod, once it has been established in 
> hundreds of places and for hundreds of centuries, that certain things 
> constitute an insult to the kovod of the tzibbur.

It's an interesting assertion.  But I don't believe there's anything 
whatsoever in halakha that supports it.  A king is a king.  A kahal is a 


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Message: 7
From: Esther and Aryeh Frimer
Date: Fri, 27 Jun 2014 11:11:19 +0300
[Avodah] Kevod haTsibbur

In Avodah Digest, Vol 32, Issue 98 Micha Berger and Lisa Liel discuss the
parameters of kevod haTsibbur.	 Dov and I discuss this concept a great
deal in our paper: ?Women, Kri?at haTorah and Aliyyot? Aryeh A. Frimer and
Dov I. Frimer, Tradition, 46:4 (Winter, 2013), 67-238, online at  http://www.rcarabbi

There are many poskim (School of the Ba"h) who argue that one can never be
Mohel on kevod haTsibbur.  The Rambam and Semag seem to maintain this by
Women and Aliyyot.  But even among those who maintain that there are cases
where one can be mohel - It is clear that kevod haTsibbur is not "one size
fits all."    And hence the rules of Mehila depends on the reason for the
kevod haTsibbur problem.  Different cases have different reasons - which we
delineate.   In the paper we cite the two major reasons given by scores of
poskim (zilzul haMitsva and tsni'ut - i'e. placing women who are not
obligated in keri'at haTorah unnecessarily at the center of communal
ritual) and conclude that mehilla is not operable.

    For those who find the 170 pp daunting, the text proper is only 60 pp.  The rest are references and extensive notes.

    Chodesh Tov and Shabbat Shalom

Prof.  Aryeh A. Frimer
Chemistry Dept., Bar-Ilan University
Ramat Gan 5290002, ISRAEL
E-mail (office): Aryeh.Fri...@biu.ac.il

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Message: 8
From: Ben Waxman
Date: Fri, 27 Jun 2014 09:48:04 +0200
Re: [Avodah] Kavod haTzibbur

But tzibburs do forgive their honor, for example when they wait for a 
rav before starting chazarat ha"shatz.


On 6/27/2014 4:10 AM, via Avodah wrote:
> Just as a king is not allowed to be mochel on his kovod, a minyan is 
> not allowed to be mochel on its kovod, once it has been established in 
> hundreds of places and for hundreds of centuries, that certain things 
> constitute an insult to the kovod of the tzibbur. 

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Message: 9
From: Moshe Y. Gluck
Date: Fri, 27 Jun 2014 00:03:08 -0400
Re: [Avodah] La'azei Rashi

From: "Moshe Y. Gluck via Avodah" <avo...@lists.aishdas.org>
> Does anyone know of a place online where one can look up the meaning of
> La'az words in Rashi?

R'n TK: 
> Does this help?

> Click here: Chumash Search by Chapter and Verse 
> http://www.mnemotrix.com/texis/vtx/chverse

Thank you, but I should have been more specific - I meant the La'az
words in Rashi on Gemara.


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Message: 10
From: Prof. Levine
Date: Fri, 27 Jun 2014 10:37:15 -0400
[Avodah] Supporting Him, Supporting You

 From http://tinyurl.com/kuvgnyp

Rav Hirsch speaks to the young Jewish man of the 19th century 
regarding his duty to take up a worthy occupation. The young Jewish 
woman of the 21st century could benefit from his words, too:

Your only purpose in trying to acquire property, as well as to make 
yourself the center of a circle belonging to you, should be to join 
to yourself within this circle a wife, and in union with her to work 
for the advancement of your people and humanity, to found a home into 
every room of which G-d may enter, where His word will be observed, a 
younger generation be trained up, and from which blessing and welfare 
shall issue forth to all its surroundings. Therefore take up an 
occupation which will give you hope of attaining to this independence 
uprightly and honorably; it does not matter what occupation, so long 
as it is honest and upright, approved of by G-d and permitted by the 
law of the land. It is not the station to which a man belongs that 
confers honor upon him, but what he is in this station and how he 
thereby fulfills the high purposes for the sake of which alone he 
assumes his station in life. It is this which gives worth to a man. 
Only, in the choice of an occupation the guiding consideration should 
be which one involves the least danger to your loyalty to G-d's law, 
and best provides you with means and opportunity of equipping 
yourself with the other requirements of the calling for which you are 
qualifying yourself by earning a livelihood [italics mine] (Horeb).

Girls, before marriage, need to be prepared with the tools and 
mindset required to properly support and appreciate the working 
husband. Seminaries and high schools need to address this reality 
clearly and specifically. Terms such as kovea itim and parnassah 
should be used more often. Women who are passionate about Torah and 
Yiddishkeit and whose husbands are in the workforce should also be 
presented as role models. Until then, it is time we support ourselves 
and our peers before it is too late and our husbands haven't received 
the backing they so intrinsically need and deserve.

Read more: 

Under Creative Commons License: 

I posted a comment about something that recently happened in a Bais 
Yaakov school near where I live.  It is awaiting the moderator's approval. YL

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Message: 11
From: Zev Sero
Date: Fri, 27 Jun 2014 12:15:24 -0400
Re: [Avodah] La'azei Rashi

On 27/06/2014 12:03 AM, Moshe Y. Gluck via Avodah wrote:
> Thank you, but I should have been more specific - I meant the La'az
> words in Rashi on Gemara.

There's usually a table somewhere in the back of the gemara translating
all Rashi's La'az words into German, but 1) that may not be all that useful,
if you don't speak German, and many of the words used are not Yiddish, or at
least not common Yiddish; and 2) I have no idea of the author's expertise in
Old French -- for all I know he may just have been guessing.

Zev Sero             Sufficiently advanced incompetence is indistinguishable
z...@sero.name        from malice.
                                                          - Eric Raymond

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Message: 12
From: Micha Berger
Date: Fri, 27 Jun 2014 14:25:04 -0400
Re: [Avodah] Tikkun Olam


On 2014-06-26 10:20 pm, Mordechai Torczyner wrote: 

>> I think RMT
implicitely is defining tiqun olam as society's compelling interest. (I
asked him in personal email if it was intentional, but this post is
being sent without waiting for his answer.)
> I do think I am
defining tikkun olam as you suggest - but I'm not sure why that should
be exclusive of ?????? ?-?-??

Yes, your definition defines a set of
changes to the world could well imply or imply including "beMalkhus
Shakai". But what I was trying to say was that you are not making His
Malkhus the actual definition. A _mashal:_ Symmetric human faces are
considered more beautiful than less symmetric ones. And yet "human
beauty" isn't defined as symmetry. Or perhaps closer to the distinction
I'm trying to make, "symmetry" doesn't actually mean beauty.

Personally, my own hashkafah is based on R' Shimon Shkop's, as he puts
it in the first words of the _haqdamah _to Shaarei Yosher: 

> ?????
????? ?????? ????? ?????? ????? ?????? ??????, ???? ???? ??? ??????
????? ???? ?????, ?????? ?? ??????, ????? ?????? ???? ?????? ????? ?????

 And so being driven _leheitiv es harabbim_ is part of being
????? ?????? ??????, and so _Malkhus Shakai_ would be first and foremost
about aiding others, including the _rabbim. _But again, that would be at
most an implication of the definition. 

Tir'u baTov!

Berger Here is the test to find whether your mission
on Earth is finished:
http://www.aishdas.org if you're alive, it
Fax: (270) 514-1507 - Richard Bach
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Message: 13
From: Micha Berger
Date: Fri, 27 Jun 2014 15:40:40 -0400
Re: [Avodah] Kavod haTzibbur

On Fri, Jun 27, 2014 at 09:48:04AM +0200, Ben Waxman via Avodah wrote:
: But tzibburs do forgive their honor, for example when they wait for
: a rav before starting chazarat ha"shatz.

Or their honor can be trumped by kevod harav.

That's not a simple example of forgiving.

It's day 16 #BringBackOurBoys

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Message: 14
From: David Wacholder
Date: Sun, 29 Jun 2014 01:47:06 -0400
[Avodah] Early Shabbos meal creates Early Shma!

Hebrew books 15425 RAABAN called Even Ha'Ezer E-Ben - Ben Nassan;; Eliezer -
thus Ha'ezer, and his abbreviation was EB=N.  He was  a disciple of Rashi's
approach to Peirush Tefila, notably in Machzor Vitri 148-153.  He was a
young man in the First Crusade, and the elegies about it have his name on
the verses.  On the other hand, the emotionally charged accounts of Kiddush
Hashem - as hot blooded as any epic tragedy - were not written by RAVAN
himself, rather from a much later hand. 

The uniqueness and revolution of Raaban's Chidush makes deliberate savoring
of it a rewarding exercise.  Since the piece is very short, I will refer to
columns a,b,c,d and line numbers. 

On page (#122)   216-217 RABAN creates a revolutionary new Chumra: 

Early Shabbos triggers earlier Shma-Schedule 

If you eat early Friday night, you trigger an earlier Beshochbecha, and you
must say Shma before Kiddush! 

My old approach - making Kiddush around sunset and later joining the late
Minyan for Krias Shma, Maariv, and Sefiras ha'Omer.  Based on RAABAN, I was
required to say Shma before Kiddush, and I may have been transgressing an
Issur Derabanan.  It is one thing to transgress the Geonim's early Shma
time, latterly endorsed by GRA and SA Harav, in favor of Rabeinu Tam. 

RABAN shows that when I made my Kiddush, I triggered an Issur "Chizuk
l'divreihem" -  using RABAN's own terminology.  Self triggered Issur before
the first word of Kiddush!  His approach puts the blame where the blame
belongs: By eating early, the Zman Krias Shma is triggered - just by sitting
down to eat. Regularly choosing to eat early, Zman Krias Shma follows my
habit, and the new RAAABAN_Shma_Time Min Hatorah - required me to say Shma
immediately!   I triggered my own Issur!  

Normative approach says that Zman of Evening Shma can never change,  closely
tracking "night". Since Rabeinu Tam does not begin "night" until 72 minutes
post-sunset,  one can rely on that to wait with Shma until after the soup.
That top-down authoritarianism is typical Medieval thought. 

It is RAABAN who "anachronistically" anticipates  Modern Thought - 

.        that each person's  Zman  Shma is dynamically self- generated.  

.        The night meal triggers each individual's Zman for Shma.  

.        The Establishment names the time for Shma only for those on very
late schedules - eating around midnight or 10 PM.  

.        Even then -  it is the Kohanim's own habits that generated their
Time for Shma.  That is also modern: It is  dynamic-feedback-based.   

Let us examine the thought process of the Opening Mishnah. 

1.      How  does the Torah define the time of preparation for rest? 

2.      Since when a person is sleeping  deeply, they have no mental
alertness for saying  Shma - clearly Bshochbcha is "[the time of ]those
steps directly leading to sleep and connected to sleep". 

3.      Normally the steps would have been - Kriat Shma Al hamitah - then
sleep.  Chazal's Takana radically changed the situation.  

a.      Going to sleep hungry makes a person starving when they wake up. 

b.      So everybody must eat at night after a hard day's work. 

c.      Since they might easily forget Shma - they must say Shma, its
blessings, and Amidah before they can eat. 

d.      The "reinforcement of  Night-Krias-Shma" now makes  eating the night
meal - after Shma and Amida - part of Beshochbecha!  Thus a common-sense
Issur Derabanan - pray then eat - makes the time of eating - the measure of
the time of  "Going to Sleep".  After praying, the person is only taking
last steps to go to sleep.  

e.      RA'ABaN  says that within reason - within hour or so of dark - the
time a person usually feels need to eat will be their personal
"Sleep-Prep-Time".  Those times may be earlier than the ones listed in the

f.       Wait a minute! So for whom are the Mishnah's Halachos?  For the
minority who are on a later schedule and do not eat until much later. Those
people don't need to wait until 10PM - they can say Shma with the
"later-Eaters", such as Kohanim who need real darkness for Purity, even if
they have no habit to eat until midnight or 10PM. 

g.      "Do not ask for whom the Mishnah rules - it rules for those who eat
much later! 

h.      Since nobody can eat at night or evening until they first say Shma -
from now on - normal eating patterns - are part and parcel of BeShochbecha!
Eat early - you say Shma early! 

i.       The only debate is how many categories you make - do you count
Shabbos separately? Winter and summer separately? Masters and poor
separately? Kohanim and regular people? Eating Shabbos or beginning Shabbos?

j.       Because of the Chazal's Chizuk of Shma - the Torah Mitzvah changes
- from now on - eating is not separate - it is first step to restful

k.      "Shchiva and Achila" only - all before it disconnects from sleeping!
That explains the Stam and Rabi Eliezer agreeing on time Kohanim actually
eat the Trumah.  

                                                    i.     R' Eliezer of
Brayta - his own opinion - once Shabbos comes and no work can be done - that
is already Beshochbecha - even if Seudah-meal-time is much later   



5.      -a1- Eve-Shma From when? Stam - after  Kohanim eat Trumah - after
He'errev Shemesh 

6.      (they are the latest eaters - all can read Shma then [Underlying -
when they are home and have prepared their food and will eat and go to bed.

7.      -a3- -[Until when?] R' Eliezer of Mishna & Rabi Yehoshua of Barayta
- only until one third of night - Min Hatorah - when people eating end meal
and going to rest. [Tosfos Rosh & Chareidim on Yerushalmi that according to
R' Eliezer's approach - just like waking - preparing for sleep - also
Chatzos Min Hatorah Yerushalmi? Not harchaka ] 


9.      -a4-- R' Meir from Shabbos-eve-meal break bread time

10.   -a5-- - R' Eliezer - #2 - from when Shabbos begins Friday night! 

11.   --a3R' Chanina - when the poorest sit to eat their bread and salt 

12.   --a3R' Acha - from when normal people assemble for their meal

13.   -a8- Chizuk L'divreihem - ?? not allowed to eat until AFTER Shma of
evening! [????}

14.   -a12- See -a1- Stam that Kohanim - who eat latest [cannot touch food
earlier!] is GENERAL

15.   -a14-  but if person doesn't mind late meals - minority have meals 4
hours into night R' Eliezer and Raban Gamliel even Chatzos 6 hours into

16.   -a17-  Despite the Stam - person who wants early meal may also say
Shma early!  ???How does Takana of eating - create new Zman for Shma ?? Lay
down to eat? What is connection? 

17.   -19- Non-hungry late scheduler - can rely on the "Regular Meal-Time"
of Kohanim! Even if he eats later [idiopathic - each person's meal time
creates his Shma time -  he is now at Relaxation-Time for his family and
routine!! [Modim L'Shamai - who said each individual in his bodily position
now! - not quite as extreme as Bais Shamai] 

18.   -a21-  and -b4- R' Eliezer Brayta when accepting Shabbos - hour before
night - Since we treat the time as Shabbos - equivalent to meal time - it is
as if night came early - and everybody can say Shma then even if not eating!

a.      This is only Shabbos eve but agrees to Stam 6 days a week later
time? [Apparently in Rabi Eliezer we want consistent times - why?] We find
no need to reconcile the opinions - rather: there are TWO conflicting
traditions of Rabi Eliezer!  

19.   ======

20.   The second section of RAABAN changes gears. This is a very Rabbinical
piece, by which I mean that the Driver is the universal Minhag is to say
Shma and the two  blessings before and after well before dark. Therefore -
clearly we are Tzadikim - and clearly we were Yotzei - fulfilled our
obligation  when we prayed early.  

21.   The strong argument adduced - the lynchpin - is "because it is
universal practice to eat early on long summer days while there is still
light -  and one cannot eat without first saying Krias Shma - [ellipsis -
therefore the entire unit of Tefila had to be done early - Barchu, blessings
before and after, Shma, Amidah and Mei'ein Sheva Friday night- ] 

22.   Even during the winter - when  people do eat at night -  once it was
Law for the summer it becomes valid for winter also. 

23.   The goal is quite admirable - as Rashi attempted to justify the common
practice, so did Rabeinu Tam his great grandson.  Since the difficult part -
making the lenient ruling - was taken of generations before - even less than
sturdy arguments can be adduced. 

24.   As fitting for long standing practices, -b20-  they also have an
alternate Rabi Eliezer that Shma can be said when the Mikveh is open for the
Kohanim -  some support from the language - even an hour or more prior to
dark. [Even on an Asei Min hatorah, in case of need "rely on Rabi." minority

25.   Since the Amidah of Maariv is early, and the routine was always to
combine all of Arbit together, the public recitation of Shma will be early
for those who make it to public prayer.  Those people cannot be told that
their Shma was invalid. 

a.      Regarding morning Shma, Rabi Yehoshua said until three hours., later
one lost the Mitzvah of Shma, and it is like reading the Torah. [Netziv
suggests that a Ben Azai would not be required to stop learning for this! ]
Since in TY Chapter 4 Rabi Berechya says that it is 100% proper and
sanctioned to say Amidah  up to the Fourth Hour. Ergo therefore Rabi
Berechya said Shma up to the Hour Four! Since  Tefilas Amidah has a
sanctioned and "proper time" up to one third of daylight hours, the Shma in
the morning is valid then [validated by Chachamim? This piece was strongly
attacked! ].  

b.      -c-3-The analogy to the Night Shma is clear. Similarly since Shmoneh
Esreh of Maariv is valid from half of Mincha Ktana,  (4:45 PM on a
standardized day), Krias Shma must also be valid then.  Through
unconventional sources, we found a second leg of support. 

26.    -c-14 TY chapter 4 of Brachos - Rebbe who wrote the Moishnah
commanded ABdan his announcer - proclaim before the ito the entire work -
pray Maariv while it is still day - Friday afternoon for Leil Shabbos, even
Shabbos afternoon for Motzaei Shabbos.  They clearly said Shma early also!
Rabi Yochanan was upset - what about Shma of night? They calmed down Rabi
Yochanan - since we have Tosefes Shabbos - we extend the night into the
afternoon - and so even if the others are problematic, we have validated the
Friday afternoon Shma!! [Rabi Yochanan's reaction to their logic is not

27.   -c20-  [Note that these prior arguments are circular reasoning -
tautologies. That is - if we presume that these "outlandish" Shma's  are
simply invalid - as is common practice - these arguments fall! ] 

28.   Not only that - Yerushalmi Brachos chapter one - Reading Shma prior to
"All-Stars-Out"  does not fulfil his obligation! If so - why read it
prematurely in Beit Knesset? Rabi Yosse answers - the purpose is not for the
Mitzvah of Shma, but to connect Torah to Tefila, [inspire us for Tefila with

a.      Even here we find solace - Rabeinu Chananel asks - so they lose Shma
of the night [fly-by-night?] Rather c24- Kriat Shama Al Hamitah - is said
with intention for Shma Min Hatorah! 

b.      Rabeinu Chananel adds - -c24- "LeDivreihem" -  according to the
Yerushalmi's approach. Raavan snatches victory from defeat - If only
Yerushalmi - then Bavli our authoritative Talmud - must rule that even the
early Shma in Beit Knesset - we are Yotzei! 

c.        Bavli says Shma Al Hamittah is like a double sharp broadsword for
protection - even one who said it in Beit Knesset ! c-30 Rav Nachman claimed
that a  Talmid Chacham need not say it as his Torah will defend him.  But
c-32 Rav Yosef said even a Talmid Chacham must say Psukim of [requesting]
Rachamim such as Beyadcha Afkid Ruchi. 

d.      -d1- also Shma normally is accompanied by the Two prior and Two
following Blessings! Since there are no blessings on KS before bed, we see
it is optional non-binding, voluntary for our protection. So when were we
Yotzei Shma? Must be that during the day we got credit!

29.    -d3- Chachamim ruled that one may not eat before Shma. Since after
they leave Beit Knesset they are permitted to eat, they must have been
Yotzei and are no longer obligated! 

30.   -d7- First say Shma, eat, Birkat Hamazon, then even if someone falls
asleep they already said Shma.  So you see even the customary early Shma -
fulfils the obligations!

31.   -d10 - Shabbos folio 9 - no barber just before Mincha Time, and no
tailor carrying sewing needles before dark. We see that the time of Mincha
Ketana - is considered dark - like the next day! If so one can read Shma
then validly!  

32.   To summarize - the second part of the Decision is just proving that
there is grounds for the Minhag. 


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