Avodah Mailing List

Volume 34: Number 154

Fri, 25 Nov 2016

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Subjects Discussed In This Issue:
Message: 1
From: Micha Berger
Date: Tue, 22 Nov 2016 14:24:30 -0500
Subject:
[Avodah] Brisk and the Ran



This isn't really about Brisk in general, just the applicability of 
chaqiros based on gavra vs cheftza.

The origin of gavra vs chetza is in shavua vs neder, so unsuprisingly
this is something I came across in AhS YD 215:29. The discussion is about
ein issur chal al issur being a reason why a shevua to avoid something
that is assur already wouldn't be chal. (Including a 2nd shavua that
only includes thing(s) covered by an earlier one.)

The Ran (Nedarim 18a d"h "hilkhakh naqtinan") holds that a shevu'ah
is not challah on a shevu'ah nor a neder on another neder. Nor a
shevu'ah on an issur. A shevu'ah is not chal on a neder, because
violating a neder is just another issur. But a neder is chal on a
shavu'ah or something assur. He explains:
    vehai lav issur gavra hu KEKHOL LO SA"ASEI SHEBATORAH

If the Ran holds that every issur is an issur gavra, can a Brisker
honestly use the gavra-cheftza chiluq to describe his shitah or any
machloqes he is in?

Tir'u baTov!
-Micha

-- 
Micha Berger             The meaning of life is to find your gift.
mi...@aishdas.org        The purpose of life
http://www.aishdas.org   is to give it away.
Fax: (270) 514-1507                     - Pablo Picasso



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Message: 2
From: Professor L. Levine
Date: Wed, 23 Nov 2016 10:26:34 +0000
Subject:
[Avodah] Altering of Rabbinic Texts?


From the article at


http://tinyurl.com/2l2m9q


Altering of Rabbinic Texts?, Shlomo Rechnitz and the Eighth Principle of Faith, R. Yair Hayyim Bacharach, the Ridbaz and "Chemistry," and R. Yitzhak Barda
Marc B. Shapiro
1. People continue to send me examples of censorship and altering of texts.
If I would discuss all of them, I would have no time for other matters, but
I do intend to get to some of these examples. Let me also share an
"updating" of a classic rabbinic text that I discovered on my own in the
old fashioned way. This is one of those examples that I wish I knew about
when I wrote my book. It is not a case of someone in the Orthodox world
altering a text, as this example goes back many centuries. Bereshit Rabbah
36:1 states:

See the above URL for more.  YL

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Message: 3
From: Professor L. Levine
Date: Wed, 23 Nov 2016 13:24:31 +0000
Subject:
[Avodah] Is it permissible to eat or drink before hearing


The following is from today's OU Kosher Halacha Yomis.


Q. Is it permissible to eat or drink before hearing Kiddush on Shabbos morning?


There are two restrictions that apply to eating in the morning:

  1.  Generally, one may not drink or eat before davening. This is true
  during the week and Shabbos. Nonetheless, there are some exceptions; it
  is permissible to drink water (Orach Chaim 89:3) and tea and coffee. (See
  Pischai Teshuvos 89, footnote 213, for sources).
  2.  On Shabbos and Yom Tov, one may not eat or drink before reciting
  Kiddush. This restriction includes water as well. However, the
  restriction begins only after one is obligated to recite Kiddush. Before
  davening, there is no requirement to recite Kiddush, as it is not
  permissible to drink wine until one has davened (Orach Chaim 289:1).
  Therefore, before Shacharis, one can drink water, (ibid.) tea, or coffee
  (Mishna Berura 89:22). Once one davens Shacharis (even if they have not
  yet read the Torah or davened Musaf), one becomes obligated in Kiddush
  and may not eat or drink (even water) before hearing Kiddush.

The Elya Rabba (286:9) writes that if one is feeling weak and has no wine
for Kiddush, he may eat or drink after Shacharis. Though we normally follow
the viewpoint that the obligation of Kiddush begins after Shacharis, in
cases of necessity we rely on those who say it commences after Musaf.


YL
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Message: 4
From: Micha Berger
Date: Wed, 23 Nov 2016 11:56:51 -0500
Subject:
Re: [Avodah] What's Minhag


On Wed, Nov 16, 2016 at 05:47:35PM +1100, Rabbi Meir G. Rabi via Avodah wrote:
: Minhag, meaning it has some Halachic significance, must reflect an aspect
: of Halacha.
: 
: As Rav Hershel Schachter wrote ...

I din't know exactly how RHS phrased it, but "an aspect of *halakhah*" is
too narrow.

Many minhagim reflect an aspect of hashkafah or mussar.

Milchigs on Shavuos, for example.

Tir'u baTov!
-Micha



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Message: 5
From: Marty Bluke
Date: Thu, 24 Nov 2016 09:08:00 +0200
Subject:
[Avodah] R' Eliezer's wife and tachanun


Todays daf (BM 49) has teh story of Tanur shel Achnoy. Part of the story is
that R' Eliezer's wife, R' Gamliel's sister was worried that if R' Eliezer
would say tachanun that R' Gamliel would be harmed and therefore the Gemara
says that she prevented him from saying tachanun (nefilas apayim) until one
day she made a mistake and he said tachanun and R' Gamliel died. This
raises a few questions:
1. How did she prevent him from saying tachanun? My wife cannot prevent me
from saying tachanun when I am in a shul with a minyan, she isn't there and
if she is she is in the women's section behind the mechitzah. This would
imply that R' Eliezer always davened in his house with his wife there. What
about tefilla betzibur and daviening in a shul?
2. Why is tachanun more powerful then other tefilos specifically shemoneh
esrei which is the main part of tefila?
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Message: 6
From: Professor L. Levine
Date: Thu, 24 Nov 2016 09:41:31 +0000
Subject:
[Avodah] Thanksgiving: Harmless Holiday or Chukos HaGoyim?



________________________________
From: Insights Into Halacha <ysp...@ohr.edu>
Sent: Thursday, November 24, 2016 3:44 AM
To: Professor L. Levine
Subject: Thanksgiving: Harmless Holiday or Chukos HaGoyim?




One of the interesting aspects of being American and living in the 'Medina shel Chessed' is dealing with secular holidays. Of these holidays, Thanksgi

One of the interesting aspects of being American and living in the 'Medina
shel Chessed' is dealing with secular holidays. Of these holidays,
Thanksgiving is by far the most popular among Yidden, with many keeping
some semblance of observance. On the other hand, it is well-known that many
contemporary poskim were very wary of any form of actual Thanksgiving
observance. This article sets out to explore the history and halachic
issues of this very American holiday...

To find out more, read the full article "Insights Into Halacha:
Thanksgiving: Harmless Holiday or Chukos HaGoyim?<http://sable.madmimi.com/c/10500?id=72928.473.1.980aa680cb7ece
88f8bba3964a8c1300>" For all of the Mareh Mekomos / sources, just
ask.

Insights Into Halacha<http://sable.madmimi.com/c/10500?id=72928.474.1.ba3e578f54a11b
6dff7031ca0b252fcd> is a weekly series of contemporary Halacha
articles for Ohr Somayach. If you enjoyed the article, please share it with
friends and family. To sign up to receive weekly articles simply email me.

kol tuv and Good Shabbos,
Y. Spitz
Yerushalayim
ysp...@ohr.edu<mailto:ysp...@ohr.edu>









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Message: 7
From: Saul Guberman
Date: Thu, 24 Nov 2016 09:31:26 -0500
Subject:
Re: [Avodah] R' Eliezer's wife and tachanun


On Thu, Nov 24, 2016 at 2:08 AM, Marty Bluke via Avodah <
avo...@lists.aishdas.org> wrote:

>
> 1. How did she prevent him from saying tachanun? My wife cannot prevent me
> from saying tachanun when I am in a shul with a minyan, she isn't there and
> if she is she is in the women's section behind the mechitzah. This would
> imply that R' Eliezer always davened in his house with his wife there. What
> about tefilla betzibur and daviening in a shul?
> 2. Why is tachanun more powerful then other tefilos specifically shemoneh
> esrei which is the main part of tefila?
>

1) He was excommunicated and therefore could not daven with a minyan.
2) This story is to show the power of tachnun and hurting.
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Message: 8
From: Zev Sero
Date: Thu, 24 Nov 2016 12:45:44 -0500
Subject:
Re: [Avodah] R' Eliezer's wife and tachanun


> 2. Why is tachanun more powerful then other tefilos specifically
> shemoneh esrei which is the main part of tefila?

Nefilas Apayim is a time for free-form personal prayer, after the formal 
scripted prayer of the Shemoneh Esrei.

-- 
Zev Sero                Hit the road, Jack
z...@sero.name           but please come back once more



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Message: 9
From: Micha Berger
Date: Thu, 24 Nov 2016 13:57:26 -0500
Subject:
Re: [Avodah] R' Eliezer's wife and tachanun


On Thu, Nov 24, 2016 at 12:45:44PM -0500, Zev Sero via Avodah wrote:
: Nefilas Apayim is a time for free-form personal prayer, after the
: formal scripted prayer of the Shemoneh Esrei.

Which is why we follow 28 and Tachanun with a Qaddish that asks the
RBSO "tisqabel tzelos-hon uva'us-hon -- to accept the tefillos and
requests". 

Or as the Gra put it, tefillah and tachanunim. "Becharbi uvqashti".
I wrote more on these two modes of prayer at
http://www.aishdas.org/asp/prayers-and-requests

Tir'u baTov!
-Micha

-- 
Micha Berger             "I think, therefore I am." - Renne Descartes
mi...@aishdas.org        "I am thought about, therefore I am -
http://www.aishdas.org   my existence depends upon the thought of a
Fax: (270) 514-1507      Supreme Being Who thinks me." - R' SR Hirsch



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Message: 10
From: Gershon
Date: Thu, 24 Nov 2016 14:06:12 -0500
Subject:
Re: [Avodah] R' Eliezer's wife and tachanun


On Nov 24, 2016, at 12:45 PM, Zev Sero wrote:
>> 2. Why is tachanun more powerful then other tefilos specifically
>> shemoneh esrei which is the main part of tefila?

> Nefilas Apayim is a time for free-form personal prayer, after the
> formal scripted prayer of the Shemoneh Esrei.

Where did Raban Gamliel fit into this story?



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Message: 11
From: Professor L. Levine
Date: Fri, 25 Nov 2016 13:26:36 +0000
Subject:
[Avodah] May a woman eat or drink before hearing Kiddush


From today's OU Halacha Yomis


Q. May a woman eat or drink before hearing Kiddush Shabbos morning?


A. As mentioned in yesterday's Halacha Yomis, there is no requirement to
recite Kiddush before davening as the obligation to recite Kiddush only
begins after davening when one is permitted to eat the Shabbos meal.

There are two opinions among Rishonim whether a woman is required to daven
Shacharis every day, or is it sufficient for her to recite a short prayer
(see Mishna Berura 106:4). Shemiras Shabbos K'hilchosa (52:13) writes that
if a woman does not daven Shacharis, but recites a short prayer in the
morning, the short prayer is equivalent to davening Shacharis vis-a-vis the
requirement to recite Kiddush. Once she has said her short prayer, she is
obligated to recite Kiddush, and may no longer eat or drink until she has
fulfilled the requirement of Kiddush.

If a woman is feeling weak and does not have grape juice available, some
poskim are lenient to allow her to eat in the morning before hearing
Kiddush. (Teshuvas Minchas Yitzchok 4:28(3)). This is because some Rishonim
exempt a woman from Kiddush Shabbos during the day. Though we do not
normally follow this view, we can rely on it in situations of necessity.

Rav Moshe Feinstein, zt"l is of the opinion that a married woman is not
obligated to recite Kiddush before her husband has davened. (Igros Moshe,
volume 4, 101:2). Accordingly, if a woman has completed her morning prayers
before her husband has davened, she may eat a full meal. Shemira Shabbos
Kehilchosa (52:46) notes, that Rav Shlomo Zalman Auerbach, zt"l disagreed
with Rav Moshe, zt"l on this latter point.


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