Volume 39: Number 72
Tue, 17 Aug 2021
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....
Go to top.
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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