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hello99Participant
shmoel: No. On the contrary, many of them are writing that there is no need for a limited Cherem, as the author own his work and it is intrincically theft to copy it.
For example, the Netziv, Malbim and Rav Yitzchok Elchonon in their Haskamos on the printing of the annotated Rivash specify a 6 year Cherem againt printing any copy of the Rivash, and a permanent Issur againt printing the editor’s Hagahos.
hello99ParticipantThe Chasam Sofer you are referring to is Teshuvos CM 41 where he requires a specific Cherem to prevent a second party from reprinting a Shas. However, see Shevet HaLevi 10:276 where he explains that this is limited to printing Gemaros etc where the content is public domain. When the content is original he writes that the Chasam Sofer would agree it is ???? ????? ???? ??????.
Is this sufficient for now?
Now it is your turn to cite opposing Poskim of comparable stature.
hello99Participant“As an aside, Torah publications also cannot be protected from dissemination”
That is also debatable. The Teshuva in Igros Moshe clearly disagrees with you.
hello99ParticipantSorry, all these Seforim listed write that one owns his intellectual property and it cannot be copied without permission. Doing so is either Gezel Gamur or akin to Gezel. Where do you get the idea from that it is merely Hasagas Gvul? The Igros Moshe I cited writes explictly “Gezel”!!!
“And your characterization of Rav Elyashev’s position is mistaken”
Nope, yours is. I’ll try to post an exact quote tomorrow.
hello99Participant“At most the issur would be hasagas gvul”
“Additionally, what I stated earlier above is the position of various poskim that can be relied upon even if some other pokim disagree”
I don’t think your statements match! In fact, can you cite even a single Posek who explictly denies intellectual property rights.
hello99Participantderszoger: I saw Rav Elyashiv’s psak quoted in a Sefer by someone who asked him personally. Why don’t YOU provide citations to counter my list. I have already done my fair share.
hello99ParticipantBowwow: Shlah pg. 262a, Noda b’Yehuda YD 1:73,Ya’aketz 1:6, Pischei Teshuva YD 249:1, Shevet HaLevi 5:133:3 etc.
hello99Participantderszoger: “At most the issur would be hasagas gvul”
If a divorcee remarried and one of the witnesses on her Get had copied music on his MP3; I would be reluctant to do a Shidduch with the children from the second marriage!!!
hello99Participantthey must give.
hello99ParticipantThe primary Heter was in this week’s Parsha (in Chu”l). Vayikra 19:11 writes ???????. You just need to ignore the ??.
hello99ParticipantIf 3 conditions are met, it is Muttar Mi’Ikar HaDin.
1) you are answering Amen to every single Beracha and aware of which Beracha you are answering.
2) there are at least 9 other people listening to every single word of Chazoras HaShatz.
3) noone is likely to be influenced by your actions.
Even if all these are fulfilled, it is still not recommended.
hello99ParticipantThere is no such thing in Choshen Mishpat as a written sworn statement.
April 18, 2012 4:39 pm at 4:39 pm in reply to: Shimon Peres great great grandson of Reb Chaim Volozhin? #994460hello99ParticipantNot likely. Peres’ family were Alexander Chassidim
April 18, 2012 4:38 pm at 4:38 pm in reply to: How did the Israelis enjoy their 8 day Pesach? #869407hello99ParticipantSyag: I’ll be the bearded guy, keep an eye out for me
hello99ParticipantIt depends. Most work on a spring action which winds the spring, these old-fashioned types are Mutar as long as they are running when Shabbos begins. However, the Seiko Kinetic (and maybe others) generate electricity by the movement of your wrist, and these should not be worn on Shabbos (even though their may be grounds for leiency).
April 16, 2012 8:38 pm at 8:38 pm in reply to: How did the Israelis enjoy their 8 day Pesach? #869395hello99ParticipantWell, I’m going to be in the States for 2 weeks. So, I’m going to hear Shmini again this Shabbos in Chicago, but I’ll miss Acharei Mos-Kedoshim altogether.
hello99ParticipantI never heard of anyone eating Charoses. It’s just for dipping the Maror in.
hello99Participantmilhouse: “So who says the halocho is like the Ritvo?”
The Biur Halacha.
“And we are not obligated to accept a chidush of achronim when it is neged hachush.”
Says who? Especially when the “Acahron” is the Rema and his Chiluk is accepted by all those after him, both here and in 318 regarding Melach k’Bisra d’Tura
hello99Participantyou certainly make a shalom zachor tomorrow night, i have been to a number. just serve tea
hello99Participantmilhouse: see the Biur Halacha that the Ritva argues and he is Machmir.
Frankly, I don’t know where you get the gall from to dispute a Darkei Moshe/Rema single-handedly.
hello99Participantsalt in EY is all sea salt
hello99ParticipantIt must be sold as it is edible Chametz.
hello99Participantmdg: “A few years ago, I called a hand-Matza bakery, and the owner told me that most of the kneading of the dough is done by Goyim. He told me that most every hand-Matza bakery does this”
Matza made in this way does not fulfil the obligation of Shemura and one is not Yotzei with it the Kezeisim at the Seder. I have been to many bakeries both in the US an EY, and not one has goyim kneading the dough.
hello99Participantsam: “Hello99: I know many people who won’t drink Rashi, Bartenura, and several others because of Stam Yeinam Chashashos, Vehamyvin Yavin.”
At least in the case of Bartenura, that’s not because the Jews are not ostensibly frum
hello99Participantzahava: “kedem and Rashi are Yayim Mevushal”
Not all Kedem products are Mevushal. Furthermore, even Mevushal products may not be touched by anyone other than a religious Jew from the cruching until the Bishul. Harvesting is irrlevant, anyways, it is not done by Kedem themselves and the pickers are not their employees.
“The Wines that come from Italy , France or California are not located in frum areas and while of course some of the workers are frum most are not and cannot be. Do you really think Jews Pick the Grapes?”
What is your point, that they are all Assur or that you do not believe in an Issur of Stam Yeinam?
hello99Participantmdd: “Stam yenam? They use yain asher eino mevushal there??!?”
Almost all wine and grape juice here in EY is not Mevushal, especially considering that many Poskim here do not consider pasturization “Bishul”.
hello99Participantmilhouse: “What are you talking about? Salt is like water?! Since when?”
See Mishna Berura 462:24 and Biur Halacha 455:5 s.v. Nohagim
hello99Participantzahava : “Do you think Kedem , Rashi or whatever wine your drink only hires frum jews?”
I hope so, otherwise it is Stam Yeinam!
hello99ParticipantThere is very little extortion in hand-matza prices. I run my own chabura and know exactly what each component costs. When I total all our expenses and divide by the quantity baked, it usually comes out 150-170 shekel/kilo. This equals over $19/lb. Inevitably a commercial bakery can reduce some of the expenses, but they are also entitled to a profit.
hello99ParticipantMDG: A healthy Ashkenazi may NOT eat egg Mazza!!!
hello99Participantstuck: Poskim rely on Bitul prior to Pesach, among other tzirufim.
hello99ParticipantThey are not posted anywhere accessible to the public, but if you email the OU they are likely to agree to send it to you.
March 29, 2012 9:26 pm at 9:26 pm in reply to: help needed: recommend a contractor in Israel #863416hello99ParticipantBinny Friedler. Lives in Ezras Torah, don’t have a phone #.
Shlomo Chosid 054 842-1448.
Shlomo Novak 052 332-4427 054 842-4136/7
Hatzlacha
hello99ParticipantSam: the Beis Yosef merely quotes the Rashba without adding anything of his own. The Rashba equates an intentionally added ingredient with Cheese, which is a Ma’amid. It doesn’t seem from his words to be an original category of “not Batel”.
I imagine his logic is that he defines the rationale of a Ma’amid slightly different than you did. I think he interprets the definition of Ma’amid as something that has been designated as significant to the final product. In cheese, for example, the coagulating effect of the rennet makes it significant. In the Rashba’s case, the intent by itself lends Chashivus to the ingredient. Also, presumably if it is an important component, it lends some influence to the final product.
hello99ParticipantSam, was it helpful?
March 24, 2012 8:30 pm at 8:30 pm in reply to: Older Siblings More Ruchniyosdik Than Younger Siblings #862328hello99Participantpba: “I find that the older children are usually the biggest reshaim”
Are you a Bechor by any chance???
hello99Participantsqueak: I don’t understand your point. I’m suggesting that when we evaluate whether or not a baked good is a “meal” or a “snack” we look at how people actually eat it. Even if they only eat it as a meal due to external considerations (such as the Chiyuv to wash) it is still a meal. Fruits are not eaten as a meal, the bottom line is they are NOT a meal food.
hello99ParticipantPBA: good question. I suspect that if it is generally eaten as a meal, we do not concern oourselves with the underlying motive.
hello99Participantbrech: Reb Moshe ruled that pizza is pas haBa’ah b’Kisnin and one makes Mezonos on a single slice.
hello99ParticipantSam: Did you look up the Rashba? Was it helpful?
hello99ParticipantGenerally speaking baked goods where the primary solid ingredient is flour from one of the 5 species of grain should be hamotzi no matter what amount is eaten. One exception to this rule mentioned in the Gemara and Shulchan Aruch is called pas haba’ah b’kisnin, which is mezonos unless one eats a quantity that most people would consider a full meal when eaten with appropriate side dishes. The Beis Yosef explains the underlying logic is that pas haba’ah b’kisnin is a form of bread that has lost the primary quality that gives bread its special beracha; it is not usually eaten as the mainstay of a meal.
The Rishonim give three different explanations for what qualifies as pas haba’ah b’kisnin: a filled pastry, dry crackers, and the one relevant to our discussion is dough kneaded with sweeteners such as juice or sugar. According to the Mechaber if the sweetness is significantly noticeable it loses its status as regular bread, according to the Rema it needs a predominantly sweet flavor. Cake is the most obvious example of this form of baked goods. Some Poskim, notably the Maharsham in Daas Torah, write that if the majority liquid in the dough is other liquids such as juice and not water, the item needs not be extremely sweet to be mezonos. Based on this, many have come under the impression that there is such an item as a “mezonos roll”.
However there are numerous problems with this conclusion. Most “mezonos rolls” are made with reconstituted juice where the water is actually of greater volume than the concentrate. According to most Poskim only the concentrate counts as juice, and in fact the roll contains a majority of water. Additionally, these rolls are designed to be eaten as a sandwich for a meal, and fail to meet the underlying logic of pas haba’ah b’kisnin as a non-staple pastry; rather they are considered in Halacha to be regular bread. The Marsham himself clearly is only referring to a food that is not eaten as a meal because of its sweetness, because he writes that eggs and beer, while technically Mei Peiros, do not count as “other liquids” to render a pastry baked with them as the primary liquid a non-bread item because they are not sweet. Clearly it was never his intention to consider the presence or absence of water the sole qualifying factor to determine what beracha is said on baked goods.
So it seems to me that a mezonos roll or bagel must be hamotzi even if only a small quantity is eaten.
Many pizza shops feel they are better serving their customers if they can save them pizza that does not require washing and bentching, so they make the dough using apple juice or milk, in effect a “mezonos roll”. While Reb Moshe zatzal seems to have accepted this, but as we mentioned previously it is conditional on considering pizza a snack and not a meal. If pizza is generally eaten as a meal by most people most of the time, it CAN NOT be pas haba’ah b’kisnin and is always hamotzi, even for HALF a slice or less.
hello99ParticipantI could write on this topic at great length, but I don’t have time tonight.
hello99Participant???”? ?????? ????”? “??? ????? ??? ??”? (????”? ????), ????? ????? ??? ????? ???? ?????? ?????? ??? ???? ?? ???? ????? ???? ??? ?? ????? ???????, ?? ?? ???? ???? ??? ????? ??????? ???? ?????? ???? ????? ?? ??? (???), ??? ????????? ???? ??? “D” ??? ????? ??? ?????? ????? ?????? ???? ??? ??? ???? ??????, ??”? ???? ???? ?”?????” ???? ??? ??????? ????. ???? ?? ??? ?? ????, ??? ???? ?? ???? ??????? ???? ?????? ??? ?? ?OU ???????? ???? ?? ??????? ????, ??? ????? ???? ???’
hello99ParticipantRegarding a later Siman: The Chavos Da’as Biurim 3, Pri Megadim SD 1, Chasma Sofer Bava Metzia 91a, Gilyon Maharsha, Zivchei Tzedek, Yad Yehuda, Ben Ish Chai, Badei HaShulchan and Artscroll all write that the Siman must be from the time of baking, and I didn’t find anyone who argues. Are you convinced now? Even the Chochmas Adam who mentions making asiman later explictly limits it to an inadvertant leakage of shmaltz and not an intentional addition.
Also, see the Kreisi u’Pleisi in the name of his grandfather who mentions dividing the dough into small portions among numerous people subsequent to the baking, and does not propose making a Siman. Apparently it is too late for a Siman, as the Issur has already descended upon the dough.
hello99ParticipantSam: Sure, Teshuvas HaRashba 3:214 quoted in the Beis Yosef end of YD 134. ?? ?????? ??? ???? ?? ?????? ?? ?? ????? ?? ??”? ??? ?? ????? ????? ?? ???? ????? ??? ??????? ???? ????? ?????? ??????. It’s not Avida l’Ta’ama, and I didn’t use that term. He is referring to an ingredient added intentionally, regardless of the lack of any discernible taste. Nevertheless, he apparently compares it to Ma’amid because both of them serve a purpose significant to the individual, despite their lack of taste.
Regarding your second point, the Tzemach Tzedek compared milk in dough to milk in chicken. Since there would be no Ma’amid on the milk with chicken, it follows that neither should there be a problem of milk with dough. Apparently, it is not accurate that “We are concerned with something becoming Assur because it has an Issur D’rabannan of having milk in it”. Rather we are only concerned for having perceptible milk in it.
hello99Participant1) Ok you call them Omer Mutar.
5) As above in 4a, you misunderstood me.
hello99Participantyitay: “I am sure you can see how one might argue with all of the points you made, and a posek who is a bar hachi has every right”
I never denied that. You asked if I am Maskim, and I explained why not. The bottom line is that his Heter is based on one of the ways of understanding a single Rishon. I don’t think he is relying on the Chida either. My intention was that one who follows this Kula has a Chida to rely upon.
“he stated no such blanket heter, which you unfairly imply”
I implied no such thing. I feel that permitting this under the common circumstances he mentioned is a huge Poretz Geder and would inevitably lead to people who see an apparently frum Yid do so to be Moreh Heter to be lenient even when it doesn’t apply.
ha
re the Kaf HaChaim, in a case that has another Tziruf there would be grounds to permit M’Ikar HaDin. However, as I mentioned, one must take into account how others will misconstrue this.
hello99ParticipantDY: “I think we need to distinguish between the issur l’chatchilah of ein m’vatlin issur, and the issur b’dieved (you’re correct that I misused the term “not batel”, because for some it’s muttar, but the effect on the mevatel and the mi shenisbatel bishvilo is that it’s treated as not batel)”
You still do not comprehend Ein Mevatlin. Even in a case where it is Assur b’DiEved it is merely a Knas and NOT a continuation of the original Issur.
I reread it 5 times, but the remainder of your post is incoherent.
hello99ParticipantActually, the Poskim debate whether flour mixed with pure juice and baking soda is a problem. It rises but is not fermentation.
hello99ParticipantDY: she was born almost three weeks ago!
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