benignuman

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  • in reply to: Being a shliach for the tzibur without Hashem #935506
    benignuman
    Participant

    SecularFrummy,

    There would be a difference between someone who declares that he does not believe in Torah min hashomayim and someone who holds the same disbelief but doesn’t tell anyone.

    in reply to: Being a shliach for the tzibur without Hashem #935503
    benignuman
    Participant

    Fkelly,

    You are right, but the reason is because in fraternizing with them over fine wine you might learn from their bad ways/marry their daughters. If this is the reason, then it should not apply to someone who is frum in public because other people will not know that they are not frum and there will be nothing to learn from.

    in reply to: Nurse Refused To Initiate CPR, What Is Your Opinion? #938702
    benignuman
    Participant

    Rebdoniel,

    It means she violated L’ Ta’amod, but it is not murder.

    Furthermore, if the patient did not want to revived due to old age/illness, then it would be mutar to let the woman die.

    in reply to: Does Planet Earth exist, in Torah terms #935772
    benignuman
    Participant

    Squeak,

    You’re kidding, right?

    in reply to: Being a shliach for the tzibur without Hashem #935501
    benignuman
    Participant

    RebDoniel and FKelly,

    Why do you think that a person who is mechallel shabbos b’tzina assurs wine?

    in reply to: Being a shliach for the tzibur without Hashem #935500
    benignuman
    Participant

    Veltz and Kanoi,

    There is no such thing as perfect knowledge and almost nothing can be proven as fact with 100% certitude.

    Accordingly it would be absurd to require a shliach tzibbur (or anyone for that matter) to believe anything without doubts. That is why in American Law there is a concept of beyond a reasonable doubt for criminal convictions. However, in civil cases the standard is more probable than not (aka preponderance of the evidence) which means 50+ epsilon.

    I think that there can be little argument that someone who believes that it is more probable than not that the Torah is true and lives his life accordingly, is eligible to be the shliach tzibbur.

    The question is someone who is basing his/her Torah true lifestyle on something like Pascal’s Wager or to remain within the community he/she loves.

    in reply to: Does Planet Earth exist, in Torah terms #935768
    benignuman
    Participant

    SecularFrummy,

    That isn’t quite accurate. “Eretz” is certainly used in Tanach to mean more than just land. It is used to refer to the whole realm wherein man functions. WIY cited one possuk, and there are many that refer to “Eretz” in contrast to “Shemayim.” Shemayim itself is sometimes used to refer to the sky and sometimes to refer to greater space and sometimes to the metaphysical realm inhabited by angels and the like.

    in reply to: Does Planet Earth exist, in Torah terms #935751
    benignuman
    Participant

    Shnitzy,

    Parshas Bereishis is anything but clear and should not be taken literally. See the second perek of Chagiga.

    in reply to: Getting a BTL and Going to Law School? #934258
    benignuman
    Participant

    “Decent” and “generous” are relative. My point is that these are the key factors to look at. Sure, no generously compensated lawyer has work-life like that of a government employee, but not all big law firms are created equal and it’s not always directly correlated to compensation.

    in reply to: Getting a BTL and Going to Law School? #934256
    benignuman
    Participant

    The is no meaningful difference between the Top 10 Vault firms and those from 10-20.

    What you are looking for is generous compensation, decent work-life balance and serious work.

    in reply to: Yeshiva or College #934443
    benignuman
    Participant

    Daniel,

    It depends on all sorts of personal factors like age, ability to self-motivate, marital status. In general I would say it is better to delay college until one is sufficiently proficient in learning to be able to learn Shas and Poskim on one’s own.

    in reply to: Getting a BTL and Going to Law School? #934244
    benignuman
    Participant

    I think that the criteria should be expanded to include people with yeshivish degrees, even if it is not a BTL (i.e. online degrees or guys and girls that did most of their credits in a Yeshiva/Seminary and transferred them to a real college).

    in reply to: Why Do Girls Have to Cover Their Legs? #952180
    benignuman
    Participant

    Sam2 and Yitay,

    Thanks for the advice. Unfortunately I was out of the country until tonight.

    in reply to: Why Do Girls Have to Cover Their Legs? #952158
    benignuman
    Participant

    I didn’t know the second volume of Ohr Yitzchak came out. Is it selling in regular seforim stores?

    This chazara must have been very recent.

    in reply to: Why Do Girls Have to Cover Their Legs? #952152
    benignuman
    Participant

    Daas,

    Read what I wrote above to Yitay. Not all tznius is based on erva (in the hirhur sense). Of course, as we had it out in the Shaving Heads thread, I think you are completely misunderstanding R’Moshe.

    in reply to: Why Do Girls Have to Cover Their Legs? #952150
    benignuman
    Participant

    Yitay,

    I think that you are understanding tznius too narrowly. I agree, and I think that it is muchach from the sugyas that the chiyuv to cover hair is unrelated to “saar b’isha erva.” But that does’t mean that it doesn’t reflect an idea of tznius. It is just a tznius that is not related to hirhurim. It is a tznius about dignity (and would therefore apply to a bald head as well). Both you and Daas are too focused on hirhurim.

    I obviously think that my pshat fits in better in the Gemara than yours. I also think that the difference in character between shok and saar/kol are clear in the nature of the limmudim. Saar and kol are limmudim based on posukkim that discuss tayva. Shok is based on a posuk that describes erva as a symbol of shame, not hirhur.

    Look at the Radak on those pesukim in Yeshaya. The same posuk that the Gemara understands to be discussing the revealing of shok, also discusses the revealing of hair as a source of shame. Why then doesn’t Rav Sheshesh use the same posuk to dervie “saar b’isha erva”?

    According to me, it is beautiful. Uncovered hair as a source of indignity does not need a posuk in Yeshaya because there is already such a limmud from the Torah. But the posuk in Yeshaya is understanding gilui shok and gilui saar as providing the same moshul.

    Rav Sheshesh is discussing a different din. The din of hirhur, the tznius of kol and tefach b’isha, not the tznius of dignity. Rav Sheshesh and Shmuel’s dinim are necessary because they are not basar and absent these limmudim I would have thought they could not have din erva like tefach. K’mashma lan that hair and kol can be erva for hirhur if ones lives in a society where they are normally covered.

    My pshat is not the simplest but I do think that it is the least dochek.

    I thank you, because if not for this conversation I would never have looked up that posuk again and I would never have seen the Radak.

    in reply to: Age of Learning to Read #933642
    benignuman
    Participant

    I didn’t learn to read until I was six. But throughout my years growing up, I read more than anyone else I knew.

    in reply to: Age of Learning to Read #933638
    benignuman
    Participant

    The age one learns to read (within reason) is not that important. What is important is the ease with which they read and love of reading.

    in reply to: Rennin and Science #933422
    benignuman
    Participant

    rebdoniel,

    Why would the status of the rennet change if its purpose is for research? Is the rennet used for research different than the rennet used in food production?

    in reply to: Why Do Girls Have to Cover Their Legs? #952140
    benignuman
    Participant

    Yitay,

    Your description of tznius as a general concept is very nice, and I assume it is correct. However, that does not mean that everything that in modern times we refer to as “tznius” fall under that same rubric.

    For example, the requirement for a married woman to cover a portion of her hair, is d’oraisa, applies regardless of norms of the time, and has nothing to do with hirhur.

    Similarly, the requirement to cover “osso makom” is not because of hirhur (it applies to ones spouse as well). The Bais Shmuel on the Rama in E”H 25 says that the Rama did not mean to allow the “something else” that you refer to and therefore it is not ???? ????? ???. You will probably argue that the Bais Shmuel is dochek and it is. But that is the accepted view point of the majority of poskim (e.g. the Aruch Hashulchan, Chachmas Adam etc.) and therefore is the ikkar hadin.

    You are taking your assumption of that all tznius regarding covering up body parts is based on hirhur and you are putting into the Gemara. Without a source for that assumption, you are presenting a chiddush as well. The fact that it is clear to you does not make it the pashtus. There are certainly things that must be covered up because of hirhur but there are also things that must be covered despite no chashash hirhur or where hirhur is mutar.

    I can’t say for certain why Chazal would make “shok” like “osso mokom” but I can speculate. There is an aspect of tznius that is based on human dignity. A person should be dignified and embarrassed by certain displays of baseness. This is how many of the poskim explain ???? ?????? ????? ????. Chazal said that with respect to arayos (and even one’s spouse when davening) we will treat the “shok” like osso makom, as a place for which it is debased to reveal and untzniusdik to look at, even when there is no daas and no chashash of hirhur.

    Why didn’t Chazal make this rule apply to one’s spouse as well? I can’t say for certain, but perhaps because it would interfere to greatly with the mitzvos between a husband and wife.

    in reply to: Getting a BTL and Going to Law School? #934175
    benignuman
    Participant

    Meshuganer,

    1. I don’t know anyone in the top third at Georgetown who couldn’t get a job. I hope the bottom half of Harvard can all get jobs. You might want to recommend that your friend at Harvard call your friend from Georgetown and ask for advice on how to do well in law school.

    2. If I were confident in my abilities I would be very happy with that, after all there would be potential for a huge payout. I bet that your friend from Harvard would be dying to work in that firm.

    3. I’m not admitting anything. But judging by the samples of people I know from each school, there is no way Harvard chevra are better looking.

    in reply to: Getting a BTL and Going to Law School? #934172
    benignuman
    Participant

    Veltz,

    Did you friend tell you that he couldn’t get a job in NYC or are you assuming that because he works in Westchester? He might have chosen to go to Westchester because the commute is much easier, he can have a better quality of life, etc. Do you know that the Westchester firm pays less than NYC firms?

    in reply to: Getting a BTL and Going to Law School? #934171
    benignuman
    Participant

    You don’t need to be top 10% to transfer. In very good, but not great, law schools top 10% will often stay (you are better off as top 10% in Georgetown, than top half in NYU or Columbia).

    Top 33% in Georgetown or Cornell can easily transfer (I know many who have done it). And I think some people can be confident in their abilities to be top third.

    I am curious to know your basis for concluding that Cornell is better than Georgetown.

    in reply to: Getting a BTL and Going to Law School? #934167
    benignuman
    Participant

    Popa,

    Georgetown is top 13 (Cornell dropped).

    I know BTL’s that have gotten into every top law school except Yale. It might also be worth it to go to a slightly lower ranked school (but still within the T-14) if you can get an academic scholarship.

    Additionally, if you are pretty confident in your abilities you can go to lower ranked school and then transfer after your first year. For example, someone who finishes top third in their first year at Georgetown or Cornell should easily be able to get into NYU for their second year where their chances of getting a good job are vastly improved.

    in reply to: Why Do Girls Have to Cover Their Legs? #952133
    benignuman
    Participant

    Yitay,

    You appear to be assuming that all histaklus is in order to have pleasure. If you learn like that then Rashi is very shver. I am understanding that there are two categories of histaklus. There is histaklus for pleasure and histaklus stam (e.g, looking a woman in the eyes when she is talking to you). According to me kol hamistakel b’etzba k’tanah, with intent to derive pleasure (the ??? ?????? of the Gemara in Shabbos) is assur k’ilu they were mistakel b’makom hatoref, which is assur with histaklus stam.

    The Rema in E”H 25:2 does argue on many of the psakim in O”C 240 but he does not argue on halacha that it is assur to gaze at the makom hatoref (which is not brought down in E”H). Similarly, R’Yochanan in Nedarim is not arguing on Reish Lakish, he is arguing on Yochanan ben D’Havai. We pasken m’ikkar hadin like Reish Lakish that it is ???? ?????? ????? ???? even regarding one’s wife. It is assur even if there is no intent to derive pleasure (as pleasure is muttar between a man and his wife).

    The way I am learning the Gemara, and as I think is meduyak in Rashi, is not a stirah to the Aruch Hashulchan’s heter. Aruch Hashulchan does learn the Gemara differently than I do, but also differently than you (he paskens ???? ?????? ????? ????).

    When deriving “shok b’isha erva,” R’Chisda used a posek that refers to shok as “erva” (as Rashi explains). In contrast when Shmuel says “kol b’isha erva” he quotes a posuk praising the beauty of a woman’s voice and Rashi explains “?????? ?? ??? ???? ??? ???? ???? ???.” Rav Sheshesh then says “sa’ar b’isha erva” from the same type of posuk. Thus according to Rashi we learn out from a posuk that shok IS erva, while we learn out that kol and sa’ar can create tayva. Therefore regarding shok there is issur regardless of whether it actually is m’orer tayva, while kol and sa’ar will only be ossur in societies where it is m’orer tayva.

    You are probably aware that there is an issur of davening in front of exposed erva mamesh. As the Aruch Hashulchan says (in OC 74)”???? ????? ?”? ?? ????? ?? ???? ?? ???? ???? ???? ????? ??? ????? ???? ??? ???? ????? ??? ?? ??? ??? ?? ???? ???? ??? ???? ?? ???? ???”

    I think that according to Rashi’s understanding of the Gemara, “shok” was given the status of erva mamesh (m’drabbanan) and it is assur to daven in front of, even without histaklus, and assur to be mistakel even without intent to derive pleasure l’gabay arayos.

    I am certainly saying a chiddush in the Gemara, but so are you. The Gemara makes no mention of the principle you are reading into it (l’maysa I think I might have answer to my kasha that fits your pshat).

    BTW when Rashi says “eshes ish” he means arayos.

    in reply to: Why Do Girls Have to Cover Their Legs? #952132
    benignuman
    Participant

    Sam2,

    I wasn’t referring to the Taz. I don’t think his chiddush of Chukas Hagoyim is universally accepted (see R’Moshe’s Teshuva on not wearing a kippah to work). My point is that minhagim are binding, albeit at a lower level than a d’rabbanan.

    The Shulchan Aruch says “lo yelech.” Why does that sound like a middas chassidus to you? Especially, given the fact that the Magen Avraham and others comment on the Shulchan Aruch by saying “but less than 4 amos is a middas chassidus.”

    in reply to: Why Do Girls Have to Cover Their Legs? #952129
    benignuman
    Participant

    Sam2,

    You are misreading the nosei keilim. Less than 4 amos is a middas chassidus, more than 4 amos is required, because that is the minhag. It is true that originally kisui harosh was middas chassidus but the minhag was already widespread enough in the times of the Shulchan Aruch that it was binding.

    B’ezras Hashem, tomorrow morning I will explain why Yitay is wrong in his reading of the Gemara and his kashos on my pshat.

    in reply to: 9 out of 10 Commandments #932990
    benignuman
    Participant

    SecularFrummy,

    Good enough for what?

    Having doubts about the existence of our Creator is not a reason to stop doing mitzvos. And if a person is harboring doubts but doing all the mitzvos, that is not a reason for him to leave the community.

    in reply to: Why Do Girls Have to Cover Their Legs? #952122
    benignuman
    Participant

    Sam2,

    Please explain your problem with my reading of the Gemara and why my assumption is invalid. While you are at it, you can explain how the Shulchan Aruch does not mean that one has to wear a kippah.

    in reply to: Why did the Yidden in the Megillah kill 75,000? #933132
    benignuman
    Participant

    The pashut pshat reason that Hashem is not mentioned in Esther is that the Megillah was originally an official document of the Persian government and the Persian government wasn’t about to endorse the Jewish religion.

    That is why the references to Hashem are veiled (“revach v’hatzoloh yamod layehudim m’mokom acher), Achashverosh is portrayed as not realizing that Haman was trying to kill the Jews, and the Megillah ends with a statement about how wonderful Achashverosh was.

    BTW the Torah and Tanach often round off large numbers (and even not so large). Dibra Torah k’loshon b’nei adam.

    in reply to: Why Do Girls Have to Cover Their Legs? #952118
    benignuman
    Participant

    Sam2,

    I am not 100% sure what you are referring to. Are you talking about the Shulchan Aruch about not walking 4 amos with an uncovered head or the Shulchan Aruch about not looking at the makom hatoref?

    The Shulchan Aruch didn’t just make these statements up out of nowhere. For example, the Shulchan Aruch’s statement that it is assur to look at the makom hatoref is based on the shitah of Reish Lakish in Nedarim 20a, and is meduyak in the Gemara in Berachos (“????? ????? ????? ?????” implies that there is a separate level of issur for the makom hatoref).

    It is not a leap to think that Rashi would read the Gemara in Berachos to be consistent with the Gemara in Nedarim.

    in reply to: Why Do Girls Have to Cover Their Legs? #952114
    benignuman
    Participant

    Yitay,

    You might be misunderstanding my position. I agree with you respecting Daas Yehudis. The reason there are no formal guidelines is because they are organic, rising out of the tznius practices of frum Jewish women in each generation. If someone lives in a community where sleeveless is common, then it is mutar. But if someone lives in Lakewood then it is proper to say that it is ossur.

    Legs are a separate matter.

    It is interesting that originally I had my doubts about the Tzlach’s mehalech in Rashi, but debating with you I am becoming more and more convinced that it is right.

    There is an issur to look at the makom hatoref even if there is no intention of deriving hanah or if hanah is mutar (the issur applies even towards one’s wife). See Nedarim 20a, Sh”A O”Ch 240:4.

    The Gemara in Brachos understood R’Yitzchak (because he doesn’t mention krias shema), when he said “tefach b’ishah erva,” as dealing with a general issur when looking with intent to derive pleasure because if he meant without such intent women would have to walk around with their faces and hands covered. So the Gemara asked that if there is intent to have hanah there is always an issur even without a tefach. The Gemara answers that R’Yitzchak meant regarding his wife, where intent is mutar, specifically regarding Krias Shema.

    Comes along R’Chisda saying “shok b’isha erva.” Is R’Chisda arguing on R’Yitzchak? There is no indication that this is a machlokes. If there is no machlokes, what is R’Chisda adding. R’Yitzchak said that it is tali on tefach. If R”Y was speaking about all parts of the body then clearly shok would be included. If he was speaking only about m’komos mechusim, then what is the point of bringing a posuk for shok, pok chazi if it women normally cover that part of the body.

    Rather Rashi understands that R’Chisda is saying that shok has a din of “erva mamesh” as derived from a posuk in Yeshaya. R’Chisda is saying that the shok of arayos, m’divrei kabbalah, is on the same plane of issur as makom hoteref. The issur is not because you might have hirhurim but a separate issur of looking at erva, just like the makom hatoref. Rashi adds that this would also mean that you cannot say krias shema in front of shok even by one’s wife, even if there is no intent of hanah, just like you could not say krias shema when the makom hatoref is exposed regardless of intention of hanah.

    Note that the Gemara comes on to krias shema to explain R”Y, but does not come on to krias shema, doesn’t even ask the question, regarding R’Chisda.

    Also note that according to this pshat there comes out a kulah: one can daven in front of one’s spouse uncovered arms if he doesn’t have intent to derive pleasure.

    in reply to: Why did the Yidden in the Megillah kill 75,000? #933112
    benignuman
    Participant

    FIA,

    It only disproves it with respect to those 300.

    It would seem that many came to kill the Jews, the Jews killed almost all of them. 300 escaped. Esther asked for permission to hunt them down and Achashverosh gave it.

    in reply to: Why Do Girls Have to Cover Their Legs? #952102
    benignuman
    Participant

    Zahavasdad,

    There is no need for a monolithic community. If they share a minhag it will be binding even if they don’t share anything else.

    Among the frum in Borough Park is there an substantial population of women that do not cover their arms?

    in reply to: Why did the Yidden in the Megillah kill 75,000? #933105
    benignuman
    Participant

    Achashverosh didn’t cancel the decree, he allowed the Jews to arm and defend themselves (and sent troops to help out?).

    in reply to: Why Do Girls Have to Cover Their Legs? #952100
    benignuman
    Participant

    With regard to point 3.

    I maintained that there are some areas that are “erva b’etzem” and have to be covered regardless of local custom. I will admit that I am not certain that this is right, but I understand the argument.

    The Gemara in Brochos (24a) says “tefach b’isha erva.” The Rishonim explain that this means a tefach in the areas that are normally covered. The Gemara asks that you are not allowed to ogle even the finger of an erva. The Gemara answers that it is talking about one’s wife and for krias shma. Rav Chisda says “shok b’isha erva.” Rashi explains “to gaze and so too for his wife for krias shma.” This is strange, didn’t the Gemara just get finished saying that with respect to gazing there is no difference between body parts, why does Rashi explain Rav Chisda as talking about histaklus (gazing)?

    L’maysa you can be m’dayek from the statement of “?? ?????? ????? ???? ?? ??? ????? ????? ????? ?????” that there is a separate grade of issur regarding the “makom hatoref.” The Tzlach explains that Rashi understood that if you stare with intent to have hanaah then it is assur even to stare at a finger, however the makom hatoref itself is assur even without intent to have hanaah.

    According to Rashi (al pi the Tzlach), Rav Chisda is saying that a man cannot look at a woman’s shok even without intent to have hanaah, because shok is erva b’etzem like the makom hatoref.

    The Pri Megadim and the Mishna Berurah pasken like this Tzlach.

    in reply to: Why Do Girls Have to Cover Their Legs? #952099
    benignuman
    Participant

    Yitay,

    It is not uncommon for halachos to be derived from diyukim in Shas. It is clear from the Mishna and the Gemara that there is a concept of a minhag of B’nos Yisroel in tznius above and beyond that of the general population (it’s called Daas Yehudis, not Daas Nashim).

    That such minhagim are binding is clear from the Gemara in Pesachim I cited, and many halachos in Shulchan Aruch that have their origins in minhag (like wearing a head covering for men).

    I don’t know where you live, but where I live the frum women still cover their arms and certainly their bodies and legs. Such customs are therefore binding on all Jewish women in the community.

    in reply to: Purim Shailos #953141
    benignuman
    Participant

    Sam2,

    That was my joke.

    in reply to: Purim Shailos #953138
    benignuman
    Participant

    Sam2,

    You missed the point. Sherry Casks are barrels that used to contain wine. Whiskey makers tayna that it adds to the taste of the whiskey. So you are getting a little wine in your whiskey. A vi veit there is wine in the whiskey and you don’t drink wine the rest of the year, then you are mikayim the minimum according to the Rama if you have have a little more wine then usual and reacdh ad delo yoda.

    So you have the little bit of wine and reach ad delo yoda using whiskey.

    The joke (and yes this ruins it) is that there is a machlokes haposkim about using sherry casks because of yayin nesech.

    in reply to: Why Do Girls Have to Cover Their Legs? #952096
    benignuman
    Participant

    Sam2,

    The following is a quote from from the Shulchan Aruch, Orach Chaim 2:6

    ??? ??? ?’ ???? ?????? ????

    I did not mean that the shulchan aruch uses the Yiddish term yarmulke, if that is what you were challenging.

    in reply to: Why Do Girls Have to Cover Their Legs? #952085
    benignuman
    Participant

    Yitay,

    I have a longer response to your third point and I don’t have time right now to post it. I will therefore deal with your first two points.

    1. The woman loses her kesuba for violating a minhag of B’nos Yisroel (not the non-Jewish culture, as the Meiri explained). Are you disputing that minhagim are binding? (e.g. Yarmulka is a minhag, but the Shulchan Aruch still says a person must not walk 4 amos without one.)

    2. With respect to those things that are Daas Yehudis (like covering arms), I agree that it would depend on the norms of the frum Jewish community in which the woman resides.

    With respect to No. 3 you are making a mistake in lomdus. I will explain b’ezras hashem after Purim.

    in reply to: Why Do Girls Have to Cover Their Legs? #952081
    benignuman
    Participant

    Interjection and Yitay,

    The Mishna in Kesubos is discussing things women can do that will lose them their kesuba. It says that someone who “violates Daas Moshe and Daas Yehudis” loses her kesuba. The Mishna then gives examples of each.

    Rashi explains that “Daas Yehudis” are the minhagim of B’nos Yisroel. The Meiri explains that these are minhagim that B’nos Yisroel keep out of tznius so that Jewish women should have higher standards of tznius then the general non-Jewish population.

    There are many, many sources that minhagim of a community are binding on all members of the community. See, e.g., Pesachim 50a-b. The language of the Mishna about Daas Yehudis itself assumes some sort of binding power. The Mishna uses the word “oiver” a term used for the violation and she is punished for her violation by losing her right to her kesuba.

    Uncovering arms is classified in the Gemara as Daas Yehudis. No hair covering at all is deemed a violation of Daas Moshe and the Gemara says it is Torah prohibition. Partial uncovering of the hair (i.e. only covering the top) is deemed a violation of Daas Yehudis.

    “Yes, I know very well that there is such an assumption. I am challenging it.”

    Why? The assumption seems fairly reasonable, why would you assume the opposite, that women are free to walk around in public in a manner that would require all men to look away?

    in reply to: What You Can Eat in a Non-Kosher Dairy Kitchen #932274
    benignuman
    Participant

    Zahavasdad,

    It is common among the Yeshivish in America to keep Cholov Yisroel as a chumra. Meaning they are following R’Moshe, both in R’Moshe’s heter and in his dictum of “Ba’al nefesh yachmir.”

    in reply to: Why Do Girls Have to Cover Their Legs? #952076
    benignuman
    Participant

    Yitay,

    With respect to hair covering and arms it is in the Gemara in Kesubos 72a-b. It is also clear from that mishna and Gemara that anything that Bnos Yisroel have a minhag to keep covered must be kept covered.

    There is an issur brought down in the Gemara (Shabbos 64b and other places) that one is not allowed to look at “erva.” There is an assumption therefore that if men are not allowed to look, then women must cover “erva” up. Therefore if a gemara refers to some body part as “erva”, the poskim assume that it must be covered.

    Hair covering is unique in that it is D’oraisa and must be covered even if the hair is not considered erva.

    in reply to: What You Can Eat in a Non-Kosher Dairy Kitchen #932271
    benignuman
    Participant

    Nisht,

    Daas is exactly right. Here is a quote from the teshuva you cited:

    ???? ???? ????? ?? ????? ???”? ???? ????? ????? ?? ????? ?? ?????? ?????? ????? ????? ???? ?????.

    People use the term “chalav stam” as an easy way of differentiating between those milks that a have a cholov yisrael label. But anyone relying on R’Moshe to drink ordinary milk from the supermarket, holds that such milk has the status of cholov yisrael even without the label.

    in reply to: Mitzvah Tantz? #1208166
    benignuman
    Participant

    FIA,

    The concept of hefsek that I explained is an explanation for a minhag, I don’t know of any poskim that hold it is required for someone who doesn’t have the minhag.

    With regard to married couples holding hands in public, there is definitely a strong argument that it is mutar. The issur of chiba b’rabbim is that it might cause hirhurim to those watching. The issue is what level of chiba might cause hirhurim. The Aruch Hashulchan writes that one should avoid “chiba yiseira” in public.

    Arguably holding hands is not “chiba yiseira.”

    Note that the Shulchan Aruch does not bring down the shita that chiba b’rabbim is assur (it is mentioned as a “yesh omrim” in the Rama).

    in reply to: What You Can Eat in a Non-Kosher Dairy Kitchen #932265
    benignuman
    Participant

    Nisht,

    Then reread the teshuvos. It can’t be muttar unless it is Cholov Yisroel. I used the word “label” because according to R’Moshe (whose psak has been nispashet in most of the United States) it is cholov yisroel without the label.

    For those poskim that disagree with R’Moshe, you are correct. But once again that is not the norm in the US.

    FYI I keep Cholov Yisroel. Don’t call “bias” if you have a reasoned argument.

    in reply to: What You Can Eat in a Non-Kosher Dairy Kitchen #932260
    benignuman
    Participant

    Nisht,

    There is a machlokes haposkim about whether or not Yoshon applies m’doiraisa in chutz l’aretz. While m’ikkar hadin we pasken that it is muttar, to be choshesh for the machmir shitta in an issur d’Oraisa is certainly commendable.

    Chalav Yisroel is itself an issur d’rabbanan. R’Moshe held that m’ikkar haDin american milk is considered Chalav Yisroel based on an “anan sehadi.” R’Moshe held however that there were grounds to be machmir and therefore it would be commendable for a person to drink only milk directly supervised by a Jew (b’toras chumra).

    If a person wants to take on a new chumra (for an extra zchus), it makes more sense to choose the keeping of Yoshon even in Chutz L’aretz, then to choose being machmir for a Chalav Yisrael label on your milk.

    in reply to: Chodosh Assur Min HaTorah #931860
    benignuman
    Participant

    “Chadosh assur min HaTorah” (as used by the Chasam Sofer) was not meant literally. Don’t mix up a sharp turn of phrase with a halachic principle.

    in reply to: What You Can Eat in a Non-Kosher Dairy Kitchen #932250
    benignuman
    Participant

    I didn’t realize that we were talking about a non-frum Jewish person’s kitchen (I thought we were talking about non-kosher dairy restaurant kitchen).

    You have to be careful about gvinas akum which doesn’t have the same leniency that R’Moshe held of for chalav.

    In terms of pots and pans, you would have to be worried about them cooking shrimp, clams and lobster.

    RebDoniel,

    I think that when it comes to Wine, we are not more lenient for a tinok sh’nishba. The fear is that you will learn from their ways, it is not a punishment. Where is the R’Moshe you are referring to? R’Moshe holds that for someone to be a mechallel shabbos b’farhesia, they must not limit their doing of melacha on shabbos at all (someone who drives, but not in front of the Rav won’t be a mumar).

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