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ZVIKAParticipant
anybody who is familiar with kashrus knows that the standards of eidah charadis is # 1 no matter to witch kahilah he belongs. Rav Yosef is repeating an decades old argument that the meat [and wine] is not glatt according to the beit yosef’. these arguments were claimed to be false by rav shterenbauch and many other rabanim.
May 13, 2019 4:58 pm at 4:58 pm in reply to: Does Rav Chaim Kanievsky shlita prohibit men from shaving their beards? #1726466ZVIKAParticipantLASKERN – מספרין is not a word in Mishnah; there is no such a word in mishnayos or in tanach. מגלחין or גילוח is mentioned about forty times in mishnayos.
May 13, 2019 1:07 pm at 1:07 pm in reply to: Does Rav Chaim Kanievsky shlita prohibit men from shaving their beards? #1726270ZVIKAParticipantlaskern – mgalchin in the Mishnah as in the chumash does not refer to shaving beard it could refer to any haIr; as cutting hair of the head.
ZVIKAParticipantyisrael yid – true selling or doing an issur with shviis wine does not change the status; if it was in the hands of an reliable hechsher at time of biur then we are meikel that it is considered hefker since the otzar beis din are not owners only as shluchim of the zibur; and we rely on the ramban and rash that peiros that werw hefker at time of biur doas not become asur. it should be noted that according to most sfardim it is asur even if it was hefker as is the opinion of the rambam and many rishonim.
the main problem is that an otzar beis din is not hokus pokus; the whole heter of otzar beis din is not clear cut; there is no clear mkor for the otzar beis din that we have now days; although it is based on a tosefta according to the explanation of some rishonim; others explain the tosefta differently also the rambam does not mention otzar beis din- evan those that were matir theotzar beis din as the chazon ish [and rabbanim; of eideh chareidis for esrogim only] was on condition that it is not sold regularly in stores prices have to be cheaper.
for the above reasons there are hardly wines sold by otzar beis din; and some [even those that have good hechsharim the otheryears do heter mechirah in shmitah] since these wines are being sold by the componey regular in the stores according to all major poskim in eretz yisroal can not be considered that it was in hands of otzar beis din.
regarding destroying wine after biur- I don’t know what you heard from your rabaaim but the halacha is very clear – before zman biur there is an isur of ‘hefsed peiros shviis’ but anything that is chayev biur could be mvuer the way it is; just like chametz erev pesach is not baal tashcis and just like trumah that has to be burnt as trumah has the exact same kdusha as shviis as is clear in the Mishnah. you could open up mishnaus and all rishonim as well as rambam and nosei keilim in hilchos biur; and it is clear that at time of biur everything has to be destroyed without mention of spoiling.
I am absolutely sure of the psak from elyashiv and I remember all the detailes it was a few shmitos ago [1994] and the chidush was that he said to spill the wine just because the biur wasn’t done properly [it was done by shliach]ZVIKAParticipantjdb you will not find in the stores otzar beis din wine from any major beis din. bdatz eidah charadis does not give otzar beis din on wine only on esrogim witch are not sold in stores and only closed boxes. there are otzar beis din on wines with hechser of r nisim karelitz; and from beis din kommius and shaeris yisroal’ none of them are sold in stores and of curse not exported.
ZVIKAParticipantgaon- you are making a very big mistake nobody sells the whole Israel as only the owner could sell his property. those that do heter michirah sell their property by the rabbanut. as we sell the chometz by a rav. [this is considered heter mechirah klalli as opposed to the earlier matirim witch did a mechirah prati-privete with a goy.]
regardless if the heter mechirah has any effect [the chazon ish rav elyashiv and most poskim held that it does not for many reasons] if it has otzar beis din then obviously the owners did not make mechirahZVIKAParticipantr’ Israel yid I happen to be quite familiar with hilchos shviis. if the wine was in the hands of otzar beis din it is indeed not chayev in biur. the issue here is 1. if it was in the stores then it was chayev in biur. 2. most important if this wine is being sold regularly in the store the otza beis din Is a joke and has no halachic value; if I or you are going to put a stamp on the bottle stating it is otzar beis din it means nothing; an otzar beis din is only a beis din to distribute peiros shviis for the benefit of the tzibur. therefore any wines being sold in stores by companies that are selling the wine as usual have no otzar beis din no matter what it says on label and are asur since it is past zman biur and was not in hands of REAL OTZAR BEIS DIN.
even though it has kdushas shviis it COULD be destroyed even if it is edible; since the mitzvah is to be MVAAR peiros shviis; at the time of biur or after that if it was not done at the time it has to be destroyed and does not have to be spoiled. [I personally got a psak from rav elyashiv when I had a case of wine and was safek if biur was done properly; and he told me to just spill out the wine]
ZVIKAParticipantshmitah wine that is passed time of BIUR and was not hefker at that time [pesach after shmitah-2016] is forbidden and should be spilled even if it is not spoiled. besides the iusur of wine after biur any wine that is sold in stores are not allowed to be bought because of isur SCHORAH it is not allowed to be sold for profit, also according to many rishonim it is asur because of SHOMUR and NEVAD. also any wine sold in stores even if it states an OTZAR BEIS DIN it is phony; to sell an otzar beis din is not allowed to sell in regular maner only to distribute for the benefit of the people and collect minimum expenses.
BOTTOM LINE -any shmitah wine should definitely be avoided and if bought by mistake should be spilled immediately. -
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