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  • in reply to: Heteirim for Copying and giving out Music #876303
    hello99
    Participant

    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.

    in reply to: Heteirim for Copying and giving out Music #876300
    hello99
    Participant

    The 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.

    in reply to: Heteirim for Copying and giving out Music #876296
    hello99
    Participant

    “As an aside, Torah publications also cannot be protected from dissemination”

    That is also debatable. The Teshuva in Igros Moshe clearly disagrees with you.

    in reply to: Heteirim for Copying and giving out Music #876294
    hello99
    Participant

    Sorry, 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.

    in reply to: Heteirim for Copying and giving out Music #876292
    hello99
    Participant

    “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.

    in reply to: Heteirim for Copying and giving out Music #876291
    hello99
    Participant

    derszoger: 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.

    in reply to: Giving Ma'aser money from inheritance #872776
    hello99
    Participant

    Bowwow: Shlah pg. 262a, Noda b’Yehuda YD 1:73,Ya’aketz 1:6, Pischei Teshuva YD 249:1, Shevet HaLevi 5:133:3 etc.

    in reply to: Heteirim for Copying and giving out Music #876289
    hello99
    Participant

    derszoger: “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!!!

    in reply to: Giving Ma'aser money from inheritance #872766
    hello99
    Participant

    they must give.

    in reply to: Heteirim for Copying and giving out Music #876279
    hello99
    Participant

    The primary Heter was in this week’s Parsha (in Chu”l). Vayikra 19:11 writes ???????. You just need to ignore the ??.

    in reply to: Learning during Chazoras Hashatz #1089023
    hello99
    Participant

    If 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.

    in reply to: Written Sworn Statement #868299
    hello99
    Participant

    There is no such thing in Choshen Mishpat as a written sworn statement.

    in reply to: Shimon Peres great great grandson of Reb Chaim Volozhin? #994460
    hello99
    Participant

    Not likely. Peres’ family were Alexander Chassidim

    in reply to: How did the Israelis enjoy their 8 day Pesach? #869407
    hello99
    Participant

    Syag: I’ll be the bearded guy, keep an eye out for me

    in reply to: Are automatic winding watches muktzeh? #867750
    hello99
    Participant

    It 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).

    in reply to: How did the Israelis enjoy their 8 day Pesach? #869395
    hello99
    Participant

    Well, 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.

    in reply to: #1 Charoses Fan #868315
    hello99
    Participant

    I never heard of anyone eating Charoses. It’s just for dipping the Maror in.

    in reply to: Matza Ashira cookies #866276
    hello99
    Participant

    milhouse: “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

    in reply to: WHAT?!!?? No Shalom Zachor??? #867684
    hello99
    Participant

    you certainly make a shalom zachor tomorrow night, i have been to a number. just serve tea

    in reply to: Matza Ashira cookies #866273
    hello99
    Participant

    milhouse: 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.

    in reply to: Matza Ashira cookies #866271
    hello99
    Participant

    salt in EY is all sea salt

    in reply to: Play dough/ chometz #1118451
    hello99
    Participant

    It must be sold as it is edible Chametz.

    in reply to: Shmura Matzah: Hand or Machine #937683
    hello99
    Participant

    mdg: “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.

    in reply to: Coca~Cola #865948
    hello99
    Participant

    sam: “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

    in reply to: Coca~Cola #865947
    hello99
    Participant

    zahava: “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?

    in reply to: Matza Ashira cookies #866269
    hello99
    Participant

    mdd: “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”.

    in reply to: Matza Ashira cookies #866268
    hello99
    Participant

    milhouse: “What are you talking about? Salt is like water?! Since when?”

    See Mishna Berura 462:24 and Biur Halacha 455:5 s.v. Nohagim

    in reply to: Coca~Cola #865934
    hello99
    Participant

    zahava : “Do you think Kedem , Rashi or whatever wine your drink only hires frum jews?”

    I hope so, otherwise it is Stam Yeinam!

    in reply to: Matzah-Why so expensive? #865173
    hello99
    Participant

    There 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.

    in reply to: Your Favorite Matzohs #865329
    hello99
    Participant

    MDG: A healthy Ashkenazi may NOT eat egg Mazza!!!

    in reply to: Shmura Matzah: Hand or Machine #937677
    hello99
    Participant

    stuck: Poskim rely on Bitul prior to Pesach, among other tzirufim.

    in reply to: OU Documents??? #865138
    hello99
    Participant

    They are not posted anywhere accessible to the public, but if you email the OU they are likely to agree to send it to you.

    in reply to: help needed: recommend a contractor in Israel #863416
    hello99
    Participant

    Binny 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

    in reply to: Making bread in fleishig pan #1142267
    hello99
    Participant

    Sam: 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.

    in reply to: Making bread in fleishig pan #1142265
    hello99
    Participant

    Sam, was it helpful?

    in reply to: Older Siblings More Ruchniyosdik Than Younger Siblings #862328
    hello99
    Participant

    pba: “I find that the older children are usually the biggest reshaim”

    Are you a Bechor by any chance???

    in reply to: Mezonos Bread #1213024
    hello99
    Participant

    squeak: 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.

    in reply to: Mezonos Bread #1213021
    hello99
    Participant

    PBA: good question. I suspect that if it is generally eaten as a meal, we do not concern oourselves with the underlying motive.

    in reply to: Mezonos Bread #1213020
    hello99
    Participant

    brech: Reb Moshe ruled that pizza is pas haBa’ah b’Kisnin and one makes Mezonos on a single slice.

    in reply to: Making bread in fleishig pan #1142264
    hello99
    Participant

    Sam: Did you look up the Rashba? Was it helpful?

    in reply to: Mezonos Bread #1213016
    hello99
    Participant

    Generally 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.

    in reply to: Mezonos Bread #1213014
    hello99
    Participant

    I could write on this topic at great length, but I don’t have time tonight.

    in reply to: Making bread in fleishig pan #1142263
    hello99
    Participant

    ???”? ?????? ????”? “??? ????? ??? ??”? (????”? ????), ????? ????? ??? ????? ???? ?????? ?????? ??? ???? ?? ???? ????? ???? ??? ?? ????? ???????, ?? ?? ???? ???? ??? ????? ??????? ???? ?????? ???? ????? ?? ??? (???), ??? ????????? ???? ??? “D” ??? ????? ??? ?????? ????? ?????? ???? ??? ??? ???? ??????, ??”? ???? ???? ?”?????” ???? ??? ??????? ????. ???? ?? ??? ?? ????, ??? ???? ?? ???? ??????? ???? ?????? ??? ?? ?OU ???????? ???? ?? ??????? ????, ??? ????? ???? ???’

    in reply to: Making bread in fleishig pan #1142262
    hello99
    Participant

    Regarding 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.

    in reply to: Making bread in fleishig pan #1142261
    hello99
    Participant

    Sam: 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.

    in reply to: Making bread in fleishig pan #1142259
    hello99
    Participant

    1) Ok you call them Omer Mutar.

    5) As above in 4a, you misunderstood me.

    in reply to: Hello99, DY, et al: Maskim? #860670
    hello99
    Participant

    yitay: “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.

    in reply to: Making bread in fleishig pan #1142257
    hello99
    Participant

    DY: “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.

    in reply to: scientific chometz ? #860391
    hello99
    Participant

    Actually, the Poskim debate whether flour mixed with pure juice and baking soda is a problem. It rises but is not fermentation.

    in reply to: Segula from R' Fisher for breech babies #860649
    hello99
    Participant

    DY: she was born almost three weeks ago!

Viewing 50 posts - 101 through 150 (of 1,083 total)