Avodah Mailing List

Volume 39: Number 72

Tue, 17 Aug 2021

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Subjects Discussed In This Issue:
Message: 1
From: Prof. L. Levine
Date: Mon, 16 Aug 2021 12:52:25 +0000
Subject:
[Avodah] Do I need to make sure to write a Pruzbul before


From today's OU Halacha Yomis


Q. The Shemitah year will begin on Rosh Hashanah. Do I need to make sure to write a Pruzbul before Rosh Hashanah?

A. Aside from the agricultural laws of Shemitah, the Torah also commands us
not to collect loans after Shemitah, as it is stated in (Devarim 15:1-2):
?At the end of seven years you shall observe Shemitah?every creditor should
release his authority over what he lent his friend.? The great Jewish
leader Hillel saw that as the Shemitah approached, individuals were wary to
lend money to the poor out of fear that their loans would become
uncollectible. He instituted the pruzbul as a permissible means of
collecting these loans. A ?pruzbul? is a signed contract that empowers beis
din (a Jewish court) to collect all outstanding loans on behalf of the
lender. (Shemitah only impacts individuals and not Rabbinic courts.) To be
effective, the pruzbul must be written before the loans are canceled. There
is a disagreement among the Rishonim when the pruzbul must be written. Most
Rishonim understand that the loan is cancelled at the end of the Shemitah
year, and pruzbul can be executed any time bef
 ore that. However, the Rosh (Gittin 4:18) writes that although the loan is
 not fully canceled until the end of Shemitah, the lender may not ask for
 his loan to be repaid once the Shemitah year begins. According to Rosh,
 the pruzbul for this cycle must be written before the beginning of Rosh
 Hashana 2021. Most Poskim do not follow the ruling of the Rosh and allow a
 pruzbul to be written until the end of the Shemitah year, which for this
 year will be until Rosh Hashana 2022. This is the ruling of Shulchan Aruch
 (CM 67:30-31) as well. There are some who wish to be machmir and will
 execute a pruzbul before this Rosh Hashanah (2021) in deference of the
 position of the Rosh, and will then execute a second pruzbal for loans
 made during the shemitah year, in accordance with the ruling of the
 Shulchan Aruch.

This link provides the text of a pruzbul.
https://oukosher.org/blog/consumer-kosher/pruzbul-form-before-a-bet-din-english/<;https://links.mkt3536.com/ctt?ms=MzM1ODc0MDES1&;kn=5&r=MjM3MTAxNzY3NzIS1&b=0&j=MjAwNDAxMDEyNwS2&mt=1&rt=0>

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Message: 2
From: Prof. L. Levine
Date: Mon, 16 Aug 2021 12:33:05 +0000
Subject:
[Avodah] OU Mini Seedless Cucumbers


This morning while preparing my breakfast I noted that the label a package
of Paterson Pickle Company's Mini Seedless Cucumbers has an OU on it. I was
surprised to see an OU on cucumbers. However, the label also says, "No Wax
Added" and "All Natural".  Is the OU guaranteeing that that there is no wax
added?	And even if wax were added, is this a halachic problem?

YL

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Message: 3
From: Rich, Joel
Date: Mon, 16 Aug 2021 21:08:00 +0000
Subject:
[Avodah] aseih docheh lo taaseh


Discussion concerning aseih docheh lo taaseh:
Me-After listening to a shiur: It is certainly true that if you have a +10
for an aseih and a -8 for a lo taaseh, you would net out +2. However, this
assumes that you're only looking at the numeric value for your results.
Let's assume for a minute a different case. If you were to tell me that if
I do a certain act I will get two units of immeasurable joy there's no
question that I would do it, on the other hand if you tell me that if I do
the act I will get 10 units of immeasurable joy and eight minutes of
immeasurable pain I might not be willing to take that trade off
Someone I respect: That is true, but I was looking at it not from a
perspective of reward and punishment, but from the perspective of what you
are accomplishing. If I can do something that creates 10 units of spiritual
good in the world and 8 units of spiritual evil, then the world is better
off. I would receive only reward for doing such an act. (Of course, you
could still object that even in terms of the impact of my actions, the
tradeoff is not linear, but you could also accept that I am accomplishing a
net positive.)
My questions for the chevra:
Would you agree that: If I can do something that creates 10 units of
spiritual good in the world and 8 units of spiritual evil, then the world
is better off. I would receive only reward for doing such an act.
Where does Jewish philosophy fall on the consequentialist deontologist
spectrum? Assumedly aseh doche would not exist in a fully deontological
approach as the lo taaseh would have to be avoided at all costs?

KVCT
Joel
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Message: 4
From: Micha Berger
Date: Mon, 16 Aug 2021 16:42:55 -0400
Subject:
Re: [Avodah] Do I need to make sure to write a Pruzbul before


On Mon, Aug 16, 2021 at 12:52:25PM +0000, Prof. L. Levine via Avodah wrote:
> From today's OU Halacha Yomis
>> Q. The Shemitah year will begin on Rosh Hashanah. Do I need to make
>> sure to write a Pruzbul before Rosh Hashanah?

I heard of people who make a point of not including *every* loan
in a pruzbul, so that they get to fulfil the mitzvah of shemitas
kesafim. (Although this would come up next year, really.)



Like the people who buy 4 amos x 4 amos of land in EY just so that they
can get a mitzvah for not working it next year. Of course, you wouldn't
have gone to the plot to work it anyway. So li nir'eh one would get more
sekhar for yishuv ha'aretz and the lefum tza'arah agra of spending the
money than for not working the land -- something one wasn't the least
bit interested in or tempted to do.

Also, a lot of the marketing for these land buying efforts are not 100%
honest. They offer berakhos the SM"A and CS say do not apply dizman
hazeh. The CI says it does, but he still holds shemittah today is
derabbanan, and the literature typically presents it as an opportunity
to fulfill deOraisa.

(On a less Avodah-dik note, Qeren HaSheviis supports Israeli
farmers during a hard year. Many of the other groups are for-profit
businesses. Check who you obtain your land from. Are you supporting
farmers, your shul, or an entrepeneur?)

Tir'u baTov!
-Micha

-- 
Micha Berger                 Life isn't about finding yourself.
http://www.aishdas.org/asp   Life is about creating yourself.
Author: Widen Your Tent               - George Bernard Shaw
- https://amzn.to/2JRxnDF



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Message: 5
From: Micha Berger
Date: Mon, 16 Aug 2021 16:53:01 -0400
Subject:
Re: [Avodah] OU Mini Seedless Cucumbers


On Mon, Aug 16, 2021 at 12:33:05PM +0000, Prof. L. Levine via Avodah wrote:
> However, the label also says, "No Wax Added" and "All Natural".
> Is the OU guaranteeing that that there is no wax added? And even if
> wax were added, is this a halachic problem?

I would think they are guaranteeing that nothing non-kosher were added.
Would they pull the hekhsher if the package lied, and the cucumbers were
made more attractive with a kosher wax?

As for the kashrus of those waxes, see this Star-K page (teaser below).
https://www.star-k.org/articles/articles/1128

They say it's okay to eat waxed cucumbers, because it's okay to rely on
rov.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Life isn't about finding yourself.
http://www.aishdas.org/asp   Life is about creating yourself.
Author: Widen Your Tent               - George Bernard Shaw
- https://amzn.to/2JRxnDF

    Facts on Wax: Are Vegetables and Fruit Waxes Kosher?
    By: Rabbi Dovid Heber

    ...
    Waxes are derived from a variety of sources and are a cross combination
    of natural and synthetic ingredients. The most common primary wax
    ingredients are shellac, carnuba wax, or petroleum based wax. Less
    frequently used and more costly wax bases include beeswax and candelia
    wax.

    Shellac or lac resin is a product that is imported from India and is
    used in waxes for citrus fruits, apples and pears. It is a product that
    is derived from the secretions of the tiny lac insect. The lac insect
    secretes "lac-resin" from its glands onto a host tree. The resin is
    then gathered, crushed, sieved, washed and purified into food grade
    shellac. Horav Moshe Feinstein, zt'l explains in Igros Moshe Y.D. II 24
    that shellac is Kosher. Rav Moshe zt'l discusses several reasons for
    this conclusion - most important the analogy between shellac -a
    secretion from a non-Kosher insect, and honey - a secretion from a
    non-Kosher insect. Honey is obviously Kosher and so is shellac.

    Carnuba wax is derived from palm trees and is used in waxes for
    stonefruits, and in a variety of vegetables. It too is a product that
    in and of itself presents no Kashrus concerns. However, carnuba wax
    manufacturers can possibly add stearic acid, an ingredient that can be
    derived from both animal or vegetable sources...

    Petroleum based waxes including paraffin, mineral oil, and polyethylene
    are inherently Kosher and Pareve. These waxes are commonly used on
    melons, stone fruits, and tropical fruits and in a variety of
    vegetables.

    Other ingredients added to finished wax coatings include oleic acid,
    emulsifiers, and proteins. Oleic acid is almost always used in wax.
    This ingredient can be derived from animal and/or vegetable derivatives
    and is used in proportions that are possibly not batel. All wax
    manufacturers queried claim to use Kosher vegetable grade oleic acid.
    Emulsifiers are an important additive that allow oil and water to
    adequately mix. These, too, pose the same potential problems...

    There are two types of proteins used in the wax industry, soy and
    casein. Proteins are used as a thickener in lac-resin waxes and are not
    necessary in the more viscous petroleum based or carnuba waxes.
    Proteins present different Kashrus concerns. Soy protein is a soybean
    derivative which is generally Kosher and pareve certified. However, it
    is not Kosher for Pesach as it is Kitniyos. Does this present a problem
    on Pesach to those who wish to eat fruit which is coated with lac resin
    wax? The answer is found in the Mishna Berura (453:9) which states that
    Kitniyos is permissible if it was mixed with other ingredients that
    form a majority of the finished product...

    Casein is a protein derived from milk and is therefore dairy. Proteins
    are added at ratios as high as 1-1/2% (less than 1/60th). However, they
    can not be considered batel because this is the ratio in the "whole
    bowl of wax", i.e. while the wax is in a liquid state before
    application. After application and evaporation of liquids, the ratio of
    proportion on the wax remaining on the apple is much higher and is
    quite likely not batel. One company informed the Star-K that they use
    casein only on "citrus wax" i.e. wax used on fruit with peels such as
    oranges or grapefruits, "Apple Wax" uses soy protein. Another company
    claimed to use only soy protein and not casein protein. Nevertheless,
    one company did say they use casein protein on apple wax, thereby
    potentially creating concern that the wax applied would be dairy.

    What is the final verdict? Of course, the best case scenario would
    be to Kosher certify all wax manufacturers to assure the Kosher
    consumer beyond a shadow of a doubt that every component of the
    wax is 100% Kosher. Since this is not the case what should the
    consumer do? After analyzing all the information, we can arrive at
    the following conclusion. When one purchases waxed produce it is
    extremely difficult to know which company manufactured the wax and
    what raw materials were used. Yet the overwhelming evidence points
    to the facts that the raw materials used, both major and minor, were
    Kosher and Pareve. Although other possibilities could potentially
    exist, in circumstances where it is impossible to ascertain all the
    specific facts and the evidence heavily points to the Kosher arena,
    Halacha instructs us to follow the majority scenario. This concept in
    Jewish law is known as going after the majority . Based on current
    manufacturing procedures one therefore need not be concerned with
    the vegetable, petroleum, and shellac based waxes applied to fruits
    and vegetables.

    Can the Kosher consumer feel comfortable relying on this rule?
    Absolutely, as this rule is not new to Halacha. We go after the
    majority every time we drink a cup of milk - whether it's Cholov
    Yisroel or not. In order for milk to be Kosher it must come from a
    Kosher animal that is not a treifa....



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Message: 6
From: Micha Berger
Date: Mon, 16 Aug 2021 18:31:26 -0400
Subject:
[Avodah] HaNaara


I'm caught on the case in Devarim 22:20.

The case as described 22:13-15 is where the husband makes accusations,
and the wife's parent prove that she was indeed a virgin when the
marriage was consummated. And now in v. 20, "but if tne accusation
was indeed true" she gets seqilah.

He made an accusation, they fail to bring proof. No mention of eidus,
hasra'ah, etc... 

How does the gap between TSBK and halakhah gets closed?

Tir'u baTov!
-Micha

-- 
Micha Berger                 Education is not the filling of a bucket,
http://www.aishdas.org/asp   but the lighting of a fire.
Author: Widen Your Tent                   - W.B. Yeats
- https://amzn.to/2JRxnDF



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Message: 7
From: Zev Sero
Date: Mon, 16 Aug 2021 19:56:01 -0400
Subject:
Re: [Avodah] Do I need to make sure to write a Pruzbul before


On 16/8/21 4:42 pm, Micha Berger via Avodah wrote:
> Like the people who buy 4 amos x 4 amos of land in EY just so that they
> can get a mitzvah for not working it next year. Of course, you wouldn't
> have gone to the plot to work it anyway.

You wouldn't have personally gone, but the other six years the farmer in 
whose field your plot lies does work it on your behalf, together with 
the whole field.  On shemita he doesn't.

-- 
Zev Sero            Wishing everyone a healthy summer
z...@sero.name



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Message: 8
From: Zev Sero
Date: Mon, 16 Aug 2021 19:52:53 -0400
Subject:
Re: [Avodah] OU Mini Seedless Cucumbers


On 16/8/21 8:33 am, Prof. L. Levine via Avodah wrote:
> This morning while preparing my breakfast I noted that the label a 
> package of Paterson Pickle Company's Mini Seedless Cucumbers has an OU 
> on it. I was surprised to see an OU on cucumbers.

The presence of a hechsher is not an indication that it was needed. The 
OU will put its hechsher on anything that the manufacturer wants to pay 
it for, whether it's needed or not.  Why shouldn't it?  Why turn down 
business for no reason?  But if it does put its hechsher there, it will 
first investigate the product and make sure it's actually kosher, rather 
than rely on rules that say it doesn't have to
.  And the same OU will readily tell you that you may buy the same 
product without a hechsher.


> However, the label also says, "No Wax Added" and "All Natural".  Is
> the OU guaranteeing that that there is no wax added?  And even if wax
> were added, is this a halachic problem?
Probably not, but if the OU puts its name on it, it checks it out and 
makes sure it's kosher.

A few years ago I asked the OU about raw cashews (which are not actually 
raw; the shells are steamed open.   They told me about two possible 
concerns that exist with raw cashews, that al pi halacha I needn't worry 
about either of these concerns when buying cashews without a hechsher, 
but that if they do have an OU then the OU has specifically investigated 
these two concerns and made sure they don't exist for that product.


-- 
Zev Sero            Wishing everyone a healthy summer
z...@sero.name


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