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  • in reply to: Why Is Tzitzis Mandatory? #794942
    yitayningwut
    Participant

    HaLeiVi-

    The point is that it is the reasonable amount of time to continue to keep it on, similar to quark’s Terutz just without the blanket Hetter.

    It’s just that this seems like like a dochek to me being that he put it on specifically for Shabbos. I think it is not reasonable to assume he took it off right away, even if you do give him a little extra time.

    quark2-

    HaLeiVi now you have me wondering if i was answering anything with that pshat in the first place. Even if it is shev vi’al taaseh, it is still an issur of kilaim.

    I had wondered about the same thing but when I checked up the Rambam in Klei Mikdash that I mentioned above I thought it worked out well.

    But you can definitely argue and say that a ksus lailah is something that is worn by night, regardless of what kind of beged it really is.

    I think that this is the pashtus.

    so maybe i wasn’t so far off the mark

    in reply to: Pressure in Yeshivos #797277
    yitayningwut
    Participant

    Health-

    I haven’t seen a Yeshiva yet that pressures the guys to go to sleep on time so they can get up for Davening.

    Seriously?? I don’t know where you’ve been, but every yeshiva I’ve been too was very serious that bachurim go to sleep on time so that they could wake up for davening. Except the yeshivos that don’t pressure you period.

    in reply to: Why Is Tzitzis Mandatory? #794936
    yitayningwut
    Participant

    HaLeiVi-

    I’m not sure you can say that once you put it on Bihetter you may keep it on, since we find by Kohanim that they must remove it after the Avoda, because of the Klayim.

    I was thinking of this, but ?”? in the Rambam in Hil. Klei Mikdash (Perek 8) where he doesn’t say they have to take it off, so it all works out ??????.

    Here too, perhaps it is Muttar to keep it on into the night for the amount of time that people normally wear day clothes at night.

    You’re mixing up the two shitos. I was asking on the Rambam who holds it’s not dependent on day clothes or night clothes but rather on time.

    As for your Stira in Rashi, the Bach has an approach that explains Rashi to hold that it goes by the Begged. Where he says, he might put it on at night, it means, he might use it as a night garment.

    Thanks:)

    in reply to: shidduchim #861158
    yitayningwut
    Participant

    Patur Aval Assur-

    Even those who are up, aren’t always learning. Some take long coffee breaks or pick as a chavrusa b’davka the guy who they know they’ll be able to shmooze all day with. And I do personally feel that attendance is not the most important thing all of the time as long as the guy is learning wherever he is and he is not slacking off. That’s why I would rather see tests then attendance being strictly taken. Let me reiterate, I’m not talking about difficult tests. And for all I care, the test-takers don’t need to be made aware of their scores, because that’s not really what’s important, and I don’t know that this kind of competition is healthy in a yeshiva. What’s important is that they are in yeshiva or kollel because of an ideal, to achieve something, and not just because it is easier than going to work or learning a profession.

    modchebp-

    Just an aside, even without changing the system, there are tests that you can take in BMG, especially on halacha subjects, and if a prospective parent-n-law is so concerned, couldn’t a deal be arranged in which the prospective son-in-law agrees to take the tests and accomplish x amount in x amount of time with reasonable flexibility?

    But again, I do agree very much in principle with your concept.

    in reply to: question for Ashkenazim #886170
    yitayningwut
    Participant

    I take a regular shower every day. I’m ashkenazi.

    in reply to: lethal action in the times of the Gemorrah #793491
    yitayningwut
    Participant

    Hacham-

    It’s been a really long time since I’ve went over that sugya, but here’s what I have from memory.

    The mishna is talking about b’oneis. It has nothing to do with kana’im pog’im bo.

    In Moreh Nevuchim (towards the end of the third chelek where he talks abot the reasons for the mitzvos) the Rambam explains the halacha that since this bi’ah may cause a mamzer it comes with a pgam that will last forever and that is why the person has a status of a rodef. At first glance it would seem that he did not have the girsa of zechur. It would also seem that any ervah b’oneis would be included. Why did the mishna specify na’arah hame’urasah? Probably because the Torah uses that case in Parshas Vayezei. And from here one could also infer that the din rodef would last until ??? ????.

    Kana’im Pog’im Bo has to be during the actual ma’aseh. I’ll look it up later but I’m sure about this.

    in reply to: shidduchim #861154
    yitayningwut
    Participant

    Patur Aval Assur-

    Again, testing will not accomplish anything. Except maybe turning people off of learning.

    I believe modchebp was not suggesting that one not be allowed to stay in yeshiva or kollel without testing, only that there be two different tracts.

    About the tests, I would not suggest standardized tests for the entire yeshiva, but rather each Rosh Chabura should test based on whatever he thinks the capabilities of his guys are. The point of the testing is not for them to prove themselves academically, there already is such a system in place for halacha sugyas, but that’s not the point here, the point is to show who is actually serious about their learning and who isn’t just there because it’s convenient. Even an easy test would do.

    And if even this throws people off, well shoot me for saying this, but let them get thrown off. If someone is in yeshiva or kollel because they get a free ride and he can wake up at eleven and sit in the coffee room and hock all day, I do not really care that he decides to leave yeshiva. And before you attack me, consider also the fact that the presence of such people in a yeshiva is not just neutral, it does as a matter of fact disturb the general ambiance and bring the serious guys down even if only in a not very noticeable, but very significant way.

    in reply to: Why Is Tzitzis Mandatory? #794934
    yitayningwut
    Participant

    quark2-

    I touched on this earlier – is it a stirah in rashi, from 25: were ksus lailah goes by time, and elsewhere, where ksus lailah goes by the beged?

    Regarding your query. You wrote:

    this would mean, that is someone had the (strange) minhag to wear pajamas during the day, that would be considered ksus yoim for him (although it is possible that this would only be true if the beged was made specifically for him)

    in reply to: shidduchim #861145
    yitayningwut
    Participant

    modchebp-

    Wow, I agree with your idea one hundred percent. Except I don’t think they should wait till 2 years, in my opinion testing should be mandatory right away, before marriage as well.

    in reply to: Do you watch movies? #800631
    yitayningwut
    Participant

    frumnotyeshivish-

    Obviously one must work on oneself to increase sensitivity to eventually reach or strive for the level of etzba k’tana.

    I’ve heard this before and I don’t get it. According to you Rav Acha and Rav Gidel weren’t worked on people??

    in reply to: Why Is Tzitzis Mandatory? #794923
    yitayningwut
    Participant

    ItcheSrulik-

    I stand corrected then, thank you. I am admittedly not very learned in kabbala, especially being a kalte litvak and all…

    in reply to: lethal action in the times of the Gemorrah #793487
    yitayningwut
    Participant

    Kabbala in this context means the words of the nevi’im, nothing to do with the way it is used today.

    in reply to: lethal action in the times of the Gemorrah #793485
    yitayningwut
    Participant

    He was clearly coming from the mishna I mentioned. Though he got the details of the halacha quite wrong, and did mix in some details from the kana’im pog’im bo sugya.

    Anyway, if he’s still around, he can let us know…

    in reply to: Why Is Tzitzis Mandatory? #794921
    yitayningwut
    Participant

    Quark2-

    How is he like a Malach Hashem? I would think that it is because he is wearing the white sdinin (white is a color associated with malachim in other places).

    Only on erev shabbos he would wear the white sdinin? If so, why?

    Maybe it had to do with the rchitzah, perhaps in those days they wouldn’t bathe very often, so when he did the rechitzah on erev shabbos, he became like a malach hashem.

    Anyway, i think the simple answer to your question is, he would remove the sdinin that had the kilaim before Shabbos. It does not say in the gemara that he would leave them on, so it could be that he took them off.

    I tried to preclude this answer in my question as I think it is a major docheik. He (clearly) put on the ?????? ????????? lekavod Shabbos, but he took them off before Shabbos?!

    Another possibility, that might need to be explored a little more, is that the gemara in Brachos deals with someone who put on the beged bi’issur. Whereas here, the levishah of the beged was biheter.

    (it would be a chiddush to say that this should make a difference later on, after the beged is already on, but i still think that it may be possible to draw such a distinction. Since the original levishah was a ‘kum vi’eseh’ issur, that makes the whole levishah, one long kum vieseh levishah of issur. In other words, the maaseh levishah stretches out from when he put it on, until he takes it off.)

    in reply to: Texting on Shabbos could be worse than murder #794034
    yitayningwut
    Participant

    Health-

    Now how could a possible Lav D’orysa be equal to a Lav Sh’yesh Bo Korais, if texting is a D’orysa? You can say one might lead to the other as certain Mussar Seforim say, but you can’t say they are equal. Go review Masechtos Makos, Sanhedrin and Kreesus.

    You are certainly correct but I don’t think you and Lomed Mkol Adam are truly disagreeing.

    The Gemara in Nedarim 22a says lots of terrible things regarding someone who gets angry, as if it’s the worst of the worst. One of them is ?? ???? ?????? ?????? ??. Says the Rosh, and other rishonim explain similarly, ???? ???? ?? ???? ????? ?????? ???? ?????.

    If I am inferring correctly from Lomed Mkol Adam, the intention was not that in a vacuum it is worse, but rather something along these lines.

    in reply to: Texting on Shabbos could be worse than murder #794030
    yitayningwut
    Participant

    On the ball and Lomed Mkol Adam – Thank you:)

    in reply to: Why Is Tzitzis Mandatory? #794918
    yitayningwut
    Participant

    HaLeiVi-

    Was that a response to my question? Because I fail to see how it addresses what I was asking. Unless I’m mistaken and you are making a different point.

    in reply to: Kol Kevuda Bas Melech Penima #1077552
    yitayningwut
    Participant

    One could try to explain it as simply another way of saying ??? ??? ???? ????? ??? ???? ?’ ??? ????? – that is, ????? is more figurative and not referring to a physical place.

    But as MichaelC pointed out, the Gemara seems to understand it differently.

    in reply to: Texting on Shabbos could be worse than murder #794024
    yitayningwut
    Participant

    I would like to suggest something to put a lot of this into perspective and maybe make some peace between the two sides here.

    There is a theory in psychology known as Maslow’s hierarchy of needs. It is typically represented by a pyramid with the lowest level being physical needs and the highest level being self actualization and the middle everything in between. Very basically, it says that a person has various levels of needs, and if a more basic need is not satisfied, a person will not even have the urge for something higher up on the pyramid. Thus, for example, if a person hasn’t eaten in three days, he won’t be feeling the urge to belong, etc.

    If I were to ask, what is the most meaningful, the top of the pyramid or the bottom? Most people would say, of course, in truth the top is much more meaningful. Yet the top means nothing to a person who doesn’t have the bottom.

    The Rambam explains in a few places that the purpose of the peace and all the good promised throughout Tanach is to one day create an environment for which man will be able to perfect himself and become close to Hashem. Similarly, all the rules of Bein Adam L’chaveiro are to create a functioning society. And the point of a functioning society? So that a person has the capability to work on perfecting himself. The functioning society is not the end, it is the means.

    Looking back at Maslow’s pyramid in light of this understanding of mitzvos, one might say that in the world of the Torah Shabbos may very well be at the top of the pyramid. It is perhaps the ultimate demonstration of one’s belief in Hashem. Perhaps from a detached perspective it is more meaningful than anything else. But one cannot deny that murder is at the very bottom of the pyramid. No society can sustain itself if people can get away with murder. Therefore, practically speaking, we need to worry about that first. And until people are not deficient in hilchos bein adam l’chaveiro, we should hold off telling them off about Shabbos, because for them, since they are still closer to the bottom, not killing truly does have more meaning.

    Anyway, those are my thoughts.

    in reply to: Why Is Tzitzis Mandatory? #794916
    yitayningwut
    Participant

    quark2-

    About wearing tzitzis at night. There is a ptur on tzitzis at night, see the sugya in shabbos. Some chassidim wear tzitzis at night though, based on kabbalah.

    It’s actually a machlokes, Rashi and Tosafos hold that “day clothing” requires tzitzis even at night. The Rambam holds that there is a general p’tur at night. The Mechaber brings both dei’os.

    While we’re on the subject, I’ve been bothered for a while by what I think is a shtarke rayah against the Rambam, so I’ll put it out there and hear what the oilam has to say.

    In Shabbos 25: the Gemara tells the story of R’ Yehuda’s Friday afternoon. He would bathe, dress up in linen shawls that had tzitzis of wool on them, and wait for Shabbos to come. The gemara relates how his talmidim used to tuck in the corners of their ????? when they were around him, because they held that mi’drabanan one is not permitted to wear tzitzis of sha’atnez because he may come to do this with a ???? ???? which would be a violation of the issur sha’atnez since there is no mitzva of tzitzis by a ???? ????. R’ Yehuda disagreed about this chashash and therefore he flaunted his woolen tzitzis on his linen shawls.

    My question is: Everyone agrees that a ???? ???? of sha’atnez is assur. The machlokes was whether or not we are gozer ??? ???? ????. I would think it quite reasonable to assume that if R’ Yehuda was dressing up for Shabbos he didn’t throw off his clothes as soon as Shabbos came. If so, according to the Rambam that even “day-clothing” is patur from tzitzis at night, how was he allowed to wear these ?????? ????????? without being oiver on the issur sha’atnez?!

    (Bear in mind that the gemara in Brachos 20a doesn’t consider sha’atnez shev v’al ta’aseh even though it’s already on the person, also bear in mind the Rambam’s shita that there is no such thing as tosafos shabbos.)

    in reply to: Texting on Shabbos could be worse than murder #794017
    yitayningwut
    Participant

    on the ball-

    I think you are making a serious mistake, factually and practically.

    First of all, I believe you are incorrect. Chazal say terrible things about lots of aveiros, it’s their way of giving mussar. Look at what they say about anger, nivul peh, lashon hara, and lots of other things. There is a very simple reason why they weren’t ma’arich very much about murder – people already appreciate how bad it is, but obviously it’s worse (Let’s start by mentioning that it’s one of the 3 chamuros and it’s one of the 7 mitzvos).

    Secondly, even if you are correct, at the end of the day you cannot and will not ever change the fact that people are more sensitive to murder than to chillul shabbos. You’ll say – so what, it’s the truth! But the point is, when you tell people something that goes against their deepest feelings they will not take you seriously. I’m not saying not to criticize, go ahead and tell people they’re doing the wrong thing (as long as they actually are and you follow the guidelines of the halachos of tochacha)! But be careful that people shouldn’t look at you like you’re crazy, or they’ll never listen. And if you tell people that chillul shabbos (l’teyavon, and b’tzinah too in most cases which I would assume was not what chazal were referring to) is worse then the Kletzky murder, that is exactly what nearly everyone will feel, even the frumest of the frum, whether you like it or not.

    in reply to: TEXTING ON SHABBOS #815511
    yitayningwut
    Participant

    quark2-

    Yup. Iy”h I’ll ask around.

    in reply to: TEXTING ON SHABBOS #815509
    yitayningwut
    Participant

    quark2-

    Indeed, Harav Yitzchak Abadi is my rav (I think Chacham figured that out already)! It warmed my heart to see that you quoted him.

    in reply to: TEXTING ON SHABBOS #815500
    yitayningwut
    Participant

    Hacham-

    Ayin sham in Minchas Shlomo, that’s all I wish to say.

    Chacham-

    I accept that.

    in reply to: Is it worth it to get married and divorced? #792140
    yitayningwut
    Participant

    ????? ???? ???? ??? ???? ?????? ????? ?????

    in reply to: TEXTING ON SHABBOS #815488
    yitayningwut
    Participant

    Shlishi-

    Without getting involved in politics…

    I am refering to Haga’on Harav Yosef Eliyahu Henkin Zatzal. He writes this in his k’savim. His basis is that stam yeinam is assur for two reasons, Avodah Zarah and B’noseihem, and neither reason applies to mechalelei shabbos nowadays.

    in reply to: TEXTING ON SHABBOS #815486
    yitayningwut
    Participant

    Chacham-

    Harav Shlomo Zalman in Minchas Shlomo (first chelek, don’t have it in front of me, could be the one you quoted) is quite clear that in theory he holds that talking on the telephone is fine. He has other considerations which he mentions there in parentheses which prevent him from openly paskening l’heter.

    in reply to: TEXTING ON SHABBOS #815484
    yitayningwut
    Participant

    quark2-

    I hear what you are saying. Just a few points:

    I highly doubt it. If that were the case, our Sifrei Torah would be written using a printing press.

    Without getting involved in something highly controversial, I must note that my rav is mattir silk-screened Sifrei Torah l’chatchilah. V’doik.

    Ksav sheino miskayam is full %100 ksav, only it will be erased. Ksav made up of many little dots, is, according to some opinions, not ksav at all.

    (the practical application is soda cap dates and numbers. I am not saying that you should take on this heter personnaly, but when we are deciding whether or not these people are not considered jewish for many things, and someone even brought up yayin nesech, I think that this should definitely be taken into consideration.)

    Who holds this way? Do you have a name? Because I fail to understand this argument. What’s the difference between this and ink which is technically just millions of little molecules. The defining factor is obviously that you see it as on letter so why should typing be better. Regarding opening bottles, I did not know anyone gave that as a reason, I thought it was simply kil’achar yad and psik reisheih d’lo nicha leih. Do you have a source for your reasoning? I am asking for a source because it is a chiddush to me and I would like to see it inside so I may understand the svara better.

    As to your other point, truth be told if I was convinced it was muttar and my rav agreed I would not withhold myself from taking it on personally. I am just not convinced. With regard to yayin nesech however, no matter what the halacha is here I believe their wine is muttar gamur – R’ Henkin demonstrates that nowadays a mechalel shabbos’s wine is fine.

    I believe that it is the shita of Rishonim that one is only chayav for ksav ashuris. See the Chayei Adam shabbos 37:5 (“rov” poskim etc.)

    I will check up the CA but I should say I think the Rambam is the pashtus and I think this is the opinion of most poskim, including the Aruch Hashulchan and the MB as Chacham succintly pointed out.

    in reply to: TEXTING ON SHABBOS #815455
    yitayningwut
    Participant

    quark2-

    About ksivah, there are many issues.

    I have seen people use the svaros you are mentioning, but frankly, from a straightforward-learning-through-the-sugya-and-trying-to-keep-an-open-mind perspective I don’t see how any of those arguments really hold ground. Specifically speaking:

    1) Of course there is a ma’aseh kesivah. A stamp is a ma’aseh kesiva too. The poskim say as a davar pashut that a printing press is kesivah mid’oraisa. Why should typing be different?

    2) The writing may not last but it is still assur mid’rabbanan. Even where the writing and what is being written on is not permanent it is assur mid’rabbanan, and this is accepted to be the shitah of the mechaber and the Rema.*

    3) I really don’t understand this ‘electronic bits’ argument. I hear it a lot but it sounds like people just saying stuff. I would appreciate if you could demonstrate, in a clear halachic manner, why this is not as bad as kesiva she’aino miskayem. Remember, being that it is accepted that ksav she’aino miskayem on top of something which doesn’t last is assur mid’rabbanan, and this looks like that, the burden of proof is on you to clearly demonstrate why this is better.

    4) I don’t believe any honest person learning the sugya will be willing to say that one is not chayav for writing in English, even as a tziruf.

    5) Many steps do not make something a grama. This is mefurash in the gemara in a few places – I don’t have seforim in front of me at the moment but one place is toward the end of (I think) BK where a peson is chayav for killing someone by throwing something which ricochets of something else which in turn kills the person; similarly in Chullin a shechita is kosher in such a fashion. It is very clear all over that when one is a direct cause even if several steps away he is not a grama, and if I am mistaken please show me otherwise. Moreover, grama is often considered just as good as your own action when the effect takes place mammash immediately. This is true with regard to murder and shechita as well. Therefore even if typing could be called a grama I am doubtful that it would be muttar.

    One final note: I don’t think the intention of this forum was to debate how the halachic process works, but personally, I don’t believe you can ever make a “tziruf” if you don’t at least have one svara that stands alone. Only when you have that, yet it’s not enough because it isn’t a generally accepted thing or whatever, then you are metzaref other tzedadim to be meikil. But here all of the tzedadim seem wishy-washy to me.

    *Here is the background for this halacha (written by myself a little while back, no plagiarism here).

    ??? (??? ?? ??:) ??? ?????? ??? ????? ???? ????? ???? ??????? ???? ??? ????? ?????? ????. ???? ????”? (??”? ???’ ??? ??”?) ?”? ??? ????? ???? ?? ?????? ???? ????? ????? ???’ ?????? ?? ??? ??????? ???? ???? ???’, ??? ????? ???? ???? ?????? ???? ???? ????? ??? ????? ?? ???? ???? ?????? ?? ?? ??? ????? ???’ ????, ??”?. ???? ?????? ??? ????? ???? ???? ??? ????, ??”? ?????? ???? ???”? (?”? ??’ ??) ????? ??? ????? ??? ????? ?????? ?”? ????? ??? ??? ????? ?????? ??? ?????? ???? ????, ?????? ??”? (??’ ?? ?”?). ?????? ??”? ??? ??”? (??’ ??) ??”? ???? ?????? ????? ????? ???? ????? ??????. ??? ???? ???”? ???”? ??. ???? ??”? (???”?) ??? ???????? ?????? ?? ??? ?????? ?? ??? ????? ????”? ???? ???? ??????? ????. ????? ?????? ??? ???? ???????? ????”? ????? (?? ??:-??. ???? ?) ?”? ?? ????? ??? ???? ?????? ??? ??????? ????? ???? ????? ?????? ??”? ??? ???’ ?? ???? ???’ ????? ???? ????? ????? ???????? ????? ??? ????? ?????? ???? ?? ????? ???”? ???? ???? ??”? ?”? ???? ?????? ??? ?????? ???? ????, ?????? ??? ??? ?? ??? ???? ????? ?????? ?????? ?? ?????, ?????”? ?”? ????”? ????? ??? ????? ???? ???? ????? ???? ???? ????? ??? ????? ?? ???? ???? ?????? ?? ?? ??? ????? ??? ?? ??? ????? ???? ???? ???’ ??? ?????? ??? ?????? ???? ?????? ???? ?????’ ??? ??????? ??? ?? ?????? ??? ????????? ????’ ???’ ??? ???? ???? ???? ??? ??????? ??’, ??”?. ???? ????? ??? ???? ???”? ???? ????? ??”? ???? ????? ?????? ????? ???? ???? ???? ?????? ???? ????? ????? ?? ????? ??”? ?? ???? ??? ???? ?????? ??????? ???? ???? ?? ??? ????’ ??????? ??? ???? ????? ????? ??”? ???”?, ??? ???? ????? ?????? ??????? ??? ???? ???”? ???? ??? ????? ??? ???? ?? ????? ????? ?? ???? ???”? ??”? ???? ??????? ??? ?”? ???”? ?”?.

    in reply to: Shabbos Candles #792092
    yitayningwut
    Participant

    seeallsides-

    You are not mistaken. Not everyone holds this way but it is a recognized opinion.

    in reply to: TEXTING ON SHABBOS #815449
    yitayningwut
    Participant

    Leaving aside the question of electricity, b’pashtus it should be forbidden to text because it is writing. Even though one is not chayav for writing which doesn’t last, it is still assur mid’rabbanan (OC 340:4).

    in reply to: Ain Shliach L'Davar Avera Question #808257
    yitayningwut
    Participant

    It might be possible that even in Beis Din we would be able to be ????? Hitler, and I’ll explain.

    The Gemara (Bava Metzia 10b) says that a person who steals via his ???? ??? is considered a regular ganav, even if we say that the courtyard is considered the person’s shliach. Fregt the gemara – Ayy ??? ???? ???? ?????!?! There are two answers given: 1) The only time we say ??? ???? ???? ????? is when the shliach is also not allowed to do it. Here, the courtyard has no chiyuvim, so the “????” is chayav. 2) The only time we say ??? ???? ???? ????? is when the shliach has a choice. Here, the courtyard has no choice.

    Tosafos (?”? ?? ??? ?? ????) seems clear that according to answer #2 we don’t limit this halacha to a courtyard which absolutely has no choice – i.e. it isn’t capable of saying I’m not going to do this, rather we even apply it to a case where a person is forced into something against his will – e.g. if I put a gun to your head and say damage this object I will be considered the mazik through ??????.

    Accordingly, one could say that since every soldier is subservient to the commander-in-chief, and one who disobeys his orders would receive serious punishment or even death, this is called ??? ????, and we will say ?? ???? ???? ?????.

    The reason why I only say it might be possible, and not definitely, is due to two considerations: 1) Apparently the Rema paskens like the first answer. See the long Shach there. 2) It is questionable if a non-Jew can make a ???? at all. (We know from ??? ?? ??? that a non-Jew doesn’t work as a ???? for a Jew, but for a non-Jew there is lots to klerr.)

    However, once we’ve mentioned that we’re dealing with a goy, it might be even more pashut that Beis Din will convict him. This is because the Rambam (Melachim 9:4) is clear that a non-Jew who murders is chyav even if it is just a grama, ?”?.

    And finally, the others are certainly correct in saying that even if Beis Din cannot be ????? him he is certainly ???? ???? ?? ????. Hashem knows what each person deserves and is fair and just.

    in reply to: Netilas Yadayim #953164
    yitayningwut
    Participant

    The Gemara (Chullin 105a) asks it regarding netilas yadayim as well and answers ???? ????? ???? ?????.

    in reply to: Nashim Da'atan Kalos and Women Today #942528
    yitayningwut
    Participant

    I am not going to comment on the question of whether or not it applies today, but it should be clarified that it is not only about persuasion. It is more general than that. For example, the Beis Yosef in the beginning of Hilchos Shechita cites an opinion that women should not shecht because they are more prone to feeling faint at the sight of all the blood and not shecht properly then men, because nashim da’atam kalos. It is an idea that seems to say that women are generally weaker-hearted than men.

    in reply to: Mothers' Names on Wedding Invitations #788632
    yitayningwut
    Participant

    It’s always been that way. I am not taking sides here, but the fact is it’s a more modern, feminist thing to write the mother’s name. Why does the woman take the man’s last name? Why are couples addressed as Mr. and Mrs. John Smith and not Mr. John and Mrs. Jill Smith? Or the opposite way while we’re at it? If you want to debate that this is wrong, go ahead, but you can’t really ask where the mother’s name went. As far as I know it has always been the social norm.

    It could however be that you are simply noticing that people who had previously (during the last few generations) changed with the times are now changing back to the old way. That’s a good point. There does seem to be a shift in some circles to more conservative norms.

    in reply to: nails that are cut off and pregnant woman? #786420
    yitayningwut
    Participant

    MichaelC-

    I find that hard to believe, because the gemara explicitly states that when the nail is moved from the original place it fell, even just swept to the other side of the room, it does not have that effect.

    The simple explanation of the gemara is that it refers to a certain ??? ???. Although we generally don’t go as far as to completely abolish halachos based on ??? ???, numerous poskim indicate that we are not prone to it the way they were in the olden days.

    in reply to: Can I Have A Starbucks Frappuchino Or Not?? #785870
    yitayningwut
    Participant

    sammyp-

    And by the way, a goy has no neemunus no matter how honest he seems!!

    This is incorrect. See the first s’if in YD 98. Even according to the Rema over there there are many instances in which a non-Jew is believed. In general when a company has any possibility of getting a bad name or being sued if they lie, their testimony is perfectly reliable and accepted al pi halacha.

    A Woman outside bkln-

    Frappachino’s are definitely not kosher – there’s something in the emulsifier (thickening agent) that’s treif.

    Not everyone holds this way (not every ingredient is black and white). You shouldn’t judge those who are meikil because there are rabbanim who hold that Frappuccinos are kosher and people might just be following their rav (like me).

    The exception being the bottled Fraps that lots of stores sell. The bottle has a hechsher (sorry, can’t remember whose) on it.

    The bottle has a k. The way the k symbol works is that the company hires a rabbi to certify the products, and the reason it is usually not relied upon is because they can hire whoever they want, and it can be some reform rabbi too. With Starbucks it is known that the rabbi they use is Rabbi Zevulun Charlop and therefore the k is relied upon.

    in reply to: Death Penalty For the Murder of Leiby Kletzky….. #785810
    yitayningwut
    Participant

    From a purely legal perspective in Halacha, one cannot be convicted in a criminal matter based on his own implication. Moreover, the standard death penalty is never carried out when there aren’t two witnesses who warned the accused immediately prior to the act. However, if the court is convinced beyond all reasonable doubt that the accused did indeed murder the victim and is a menace to society, there is a legal means of ‘doing away’ with him without carrying out the standard death penalty.

    in reply to: Folding a Talis and Clothing on Shabbos #784673
    yitayningwut
    Participant

    Both are muttar l’chatchila according to many, as I said. Ask your rav.

    There is one reason why folding clothing on a hanger is better, and that is that you will use it again on Shabbos, see the Shulchan Aruch. But once you get involved in those considerations it’s going to get complicated, and you need to see the teshuvos.

    in reply to: Can I Have A Starbucks Frappuchino Or Not?? #785864
    yitayningwut
    Participant

    There are no non-kosher ingredients. You can verify this at your local Starbucks.

    However, not all of the ingredients are certified.

    in reply to: Mezuza for a utility closet #784538
    yitayningwut
    Participant

    Yes why not?

    See the Mechaber in YD 286.

    Perhaps you are thinking that it should be the same as closets, which the velt is not ???? to put mezuzos on. However, the reason for that is probably because closets are less than 16 square ???? – approximately 24 – 32 square feet, or perhaps because you don’t go in and out of the closet. If they don’t meet this criteria then chances are they also require a mezuzah.

    Oomis – ask your rav, I don’t see why not.

    in reply to: Folding a Talis and Clothing on Shabbos #784670
    yitayningwut
    Participant

    The halacha can be found in ???? ??.

    According to some, folding on the creases is a problem. This seems to be the halacha in the Shulchan Aruch. The Aruch Hashulchan however says ?????? ???? and he explains that our folding is not the kind of folding that is assur.

    R’ Ovadia in Yechaveh Da’as 2:40 says that one should be machmir l’chatchila not to fold on the creases. He adds that one should not protest those who fold normally because they have what to rely on.

    Personally, I know a few rabbanim who are meikil l’chatchila.

    in reply to: Shaving with razor #783971
    yitayningwut
    Participant

    My pleasure

    in reply to: Shaving with razor #783969
    yitayningwut
    Participant

    In my humble opinion, the lower neck is muttar l’chatchilah.

    The Mechaber paskens (181:11) that since there are varying opinions in the Rishonim as to the locations of the ??? ????, a ??? ???? should not use a razor on his beard at all. The ??? adds “and even below the throat,” which seemingly answers your query, and not like me!

    However, see the Beis Yosef which is the source of this halacha (?”? ???? ?”? ???”?) where he cites R’ Yonah that below the throat does not present a problem of ??? ????. However, he says that one still may not do so because of the issur of ?????? ????.

    Take a look in the next siman where the Rema writes that the specific ?????? ???? which are mentioned by chazal such as shaving certain areas of the body are muttar l’chatchilah for men in societies where it is the norm for men to remove the hair in those areas. In ???? ? where the Mechaber says it is assur for a man to look into a mirror R’ Akiva Eiger says that the norm of the non-Jews determines the norm for us in this halacha. If the norm by the goyim is for the men to do it, it is not ?????? ????.

    Being that I think everyone will agree that it is the norm in our society for men to shave their lower necks, and for non-Jews to do it with a razor, I think that the second half of R’ Yonah quoted by the Beis Yosef does not apply today, and neither does the ???.

    Therefore, ??? ?????? ???? ??????, and it is muttar for a man to use a razor on his lower neck.

    Of course this is just ??????? ????? as I am not qualified to pasken.

    in reply to: Is this muttar? #780829
    yitayningwut
    Participant

    Regarding the legal aspect, this idea isn’t new. There’s an episode on a lawyer TV show where two friends wanted to do this exact thing, and they won the case. After hearing both arguments the presiding judge said that once this kind of marriage is legal it is not the government’s job to investigate why two people wish to get married. After all, plenty of people out there marry for money or for show, but we don’t say their marriages are a fraud. As long as the marriage is legal the state does not feel the need to determine the motivation behind it. This is a fictional story but the show makes a convincing argument that such a ruling could occur and could certainly be defended.

    As for the halachic aspect, I don’t know. I must say I am leaning toward maaris ayin, or chashad, because the Rambam says that if a man were to dress as a woman there would be chashad of this very issur, which is the reason behind the issur of lo yilbash. In my humble opinion, kal vachomer marriage.

    in reply to: Why the inequality?? #753882
    yitayningwut
    Participant

    I agree with tro11. I think the whole ‘women are closer to Hashem’ thing was said by people to justify Judaism against attacks by feminism, but they cut off their nose to spite their face (I’m sure there’s a more appropriate adage I just can’t think of it). Either way I don’t believe it.

    in reply to: Relying on a heter of someone else #755871
    yitayningwut
    Participant

    Popa-

    Why would detergent help us when eino ben yomo won’t?

    I was actally klerring if that which a davar charif is mashbiach something which is pagum is even by something which is be’etzem pagum or only by an eino ben yomo. Is this mefurash?

    in reply to: 'jewish' songs with non jewish tunes #752232
    yitayningwut
    Participant

    TBT-

    If you are correct, then:

    1) Why does he davka say ???? ?????? Why not ???? ??????

    2) You are willing to say that the tune inherently carries with it a bad ???. Isn’t it just as, if not more ?????? that ????? ?? does too? I see plenty of people covering their babies ears when someone says a not nice thing, perhaps it is a shtus, but why do you think it is more ?????? that the bad ??? is coming from the tune than from the words?

    3) Regarding what R’ Chaim supposedly said, I am intrigued. There is a famous Yerushalmi* that says that R’ Yehoshua ben Chananya’s mother would bring him as a baby to the Beis Medrash in order that he should absorb the sound of Torah learning. How would he answer that?

    I already demonstrated that the Mishnah Berurah himself is matir using non Jewish tunes in davening, and over there he does not bring this problem of ???? ?????. This too leads me to believe that it was the words that he held is a problem. And even if not, from the fact that he doesn’t bring it l’halacha over there and instead simply quotes the Bach that it is mutar, is clear proof in my opinion that he did not hold of it as a halacha.

    As for heeding the advice of the Shelah and the Chafetz Chaim, first of all I don’t even know that they gave the advice you claim they did, and second of all being that even on the tzad they did, it was not said l’halacha, so of course, no, one is not mechuyav to heed their advice. That’s why it is called advice, and not halacha.

    *I don’t have the exact makor, but it is quoted here: link to citation removed, sorry.

    in reply to: Relying on a heter of someone else #755849
    yitayningwut
    Participant

    “Yes, since it’s not a ben-yomo, the food is muttar b’dieved anyhow.”

    That is a good point.

    But what if they serve onions and you use your fork and knife that were in the dishwasher?

    Truthfully my rav is matir to use a treife dishwasher, but that’s another story.

    in reply to: 'jewish' songs with non jewish tunes #752229
    yitayningwut
    Participant

    Grandmaster-

    “one or two ‘bad words'” is no big deal?

    Bad words are not nice and not the way a person should speak, because a person should only speak ???? ????. However, when said out of the context ??? ?????? ??? ??? ????? ????? it is pashut that they aren’t the ????? ?? the Gemara (that I mentioned above) talks about.

    TBT-

    The Mishne Beurah in Shaar Hatziun (560 note 25) quotes the Shelo who says mothers should not sing their baby to sleep with non-Jewish lullabies since it creates a bad nature in the child.

    Correct. However, first of all ?????? the Shlah is talking al pi kabbala. Nobody brings a source in halacha, in fact the Mishnah Berurah himself as I quoted above is matir using non Jewish tunes in davening. But more importantly, his words are ???? ?????, romantic songs, so for all I know pshat in the Shlah and the Shaar Hatziyon is that such songs likely contain messages in the lyrics which could be damaging.

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