A place for Ma'ayanot Judaic Studies Faculty and Students to reflect and dialogue about Judaism. Please send all comments & questions to besserd@maayanot.org. Now check us out on Facebook - https://www.facebook.com/pages/Why-aanot/158509820897115
Wednesday, December 30, 2009
The Gift of Boredom
As for the last part, “…we should give our children the gift of boredom”, well, I’ll let you know how that goes – it so happens that I just unplugged the two TV’s in our house three days ago. It was for a variety of reasons, and something that I have thought about for years, and finally decided to do. Will they think of it as a gift? Only time will tell, but my 10 year old announced at supper tonight that she likes this new policy, because she now spends more time talking to us.
Tuesday, December 29, 2009
One More on Dreams
Do Not Place a Pedestrian before a Driver on Shabbat
As my family and I were walking in Israel a question came up concerning driving on shabbas. Is driving one melacha that a driver would be violating or every time the driver presses on the gas or break is its own separate melacha that is being violated?If it is more than one melacha-meaning each time the driver has to stop and start again they are doing a violaton- then in a place like Israel where many of the people who may be driving on shabbas are Jewish (maybe not observant), is it a problem for observant Jews to be crossing the street against the light if it causes them to have to stop or slow down for us, causing them to violate the melacha another time?-Rebecca Schenker
It's important first to articulate the assumption behind your question - that it is wrong to cause another Jew to sin. This is in fact true, and it is based on Chazal's interpretation of "lifnei iver lo titen michshol [do not place a stumbling block before the blind]" (Vayikra 19:14), which is understood to forbid (among other things) causing someone else to commit a sin (the classic example is: giving wine to a nazir). So if starting and stopping a car is indeed melacha, it would be prohibited to cause another Jew to engage in it.
According to Rabbi Dovid Ribiat in his sefer The 39 Melochos (pages 1216-1218), one violates the melacha of mavier (lighting a fire) thousands of times a minute when one drives, because one cylinder of the engine turns approximately 1000 times per minute when the car is idling (=motor running but the car not moving), and each turn is caused by a separate spark. Engines can have 4, 6 or 8 cylinders. When the car drives at a higher speed the engine turns faster, thus increasing the number of sparks released. (Rabbi Ribiat has a fascinating - to this automotive ignoramus, anyway - diagram explaining how a car engine works.) So causing someone to slow down and speed up changes the number of sparks released and would indeed be causing melacha to be done.
And as I'm thinking about your question, it may not be a problem only in Israel. The New York area in general is populated with many Jews, most of whom are not observant, and perhaps even when we cross streets in our own neighborhoods, we should try to avoid forcing cars to stop for us.
An Interesting Article
Over-stimulation is the enemy of imagination – we should give our children the gift of boredom
What do you think?
Thursday, December 24, 2009
Adoption and פרו ורבו
Shabbos on the Boardwalk
Is it OK to play monopoly on Shabbos (b/c you are playing with "money," you're sort of doing business)?
The Rav Shlomo Zalman Auerbach (as quoted in the שמירת שבת כהלכתה) allows it. Rabbi Chaim Pinchas Scheinberg does agrees that it is technically permitted, but adds that "playing a business-oriented game on Shabbat is not conducive to a proper attitude about Shabbat."
Monday, December 21, 2009
Have you been ever been stuck driving close to Shabbos? Read Further!!
Thursday, December 17, 2009
Dreams
We see that the dreams in this story don't actually happen as foreseen - after all, Yosef predicted 7 years of hunger, 5 of which never materialized (if we were evaluating him as a נביא, would he pass?). Similarly, the most dramatic part of פרעה's dreams was the skinny cows eating the fat cows. Yosef interpreted this to mean that the famine would be so bad that the years of plenty would be forgotten. In reality, due to Yosef's
plan, the opposite occurred. The years of plenty were well remembered during the hunger years, because the people had the food left over. The dream doesn't accurately predict the future, only the default future - what will happen if you don't alter reality, because clearly it is subject to change based on people's actions.
If so, maybe we can better understand a famous but puzzling Ramban. He says that the reason that Yosef didn't tell his father or brothers who he was, and why he acted the way that he did is because he was trying to ensure that the dreams came to fruition. Why? Did he have a מצות עשה to do Hashem's bidding? Perhaps he did he because he wanted the dreams to come true. He knew that the fact that he dreamt them did not guarantee that the scenario will play out, but it was a result that he wanted, so he worked to make sure that it happened just as he had seen it.
(Disclaimer: Ramban uses this theory to defend Yosef for putting his father through this ordeal, so I'm not sure that this approach would work within his opinion.)
Wednesday, December 16, 2009
more on boy-girl friendships
a) The questioners wrote that one of the benefits of guy friends is that they add less drama. Maybe your experience is different than mine, but I know that when I was around your age, boys were the CAUSE of all the drama. Without boys around, there wouldn’t have been much drama between the girls.
Which is why I would say that having nothing to do with Judaism or halacha, it’s important to be honest about the fact that there are emotional pitfalls to friendships with guys in high school. No matter how much one thinks that a certain friendship is purely platonic, it happens extremely often that either the girl or the guy end up developing feelings for the other that are not always reciprocated, and this usually leads to much emotional pain, confusion, and heartache. Or two girls who have been best friends since birth develop a crush on the same guy friend, and then what happens to the girls’ friendship? I just think it’s important to think about whether the upsides of the guys being part of your life exceed the downsides from a purely emotional point of view, before even getting into any potential halachic issues.
b) On a different note, I thought you might be interested to realize that the issue of the appropriateness of male-female friendships is something that is not just a high-school issue; it is a question that we, your teachers, grapple with in our own lives as well. In fact, just a few days before the question was posted on the blog, I was at my parents’ house for Thanksgiving dinner together with some extended family and close friends, and a heated debate enlivened the meal about exactly this topic, just of course related to a life stage a few (or many) years ahead of where you are now. The specific question we were all debating was the appropriateness of married couples (even with their kids) going on vacation together since the families will then obviously be spending a lot of time together and it can potentially create a certain level of closeness between the various husbands and wives. My point is this: Friendships between members of the opposite sex, even married members of the opposite sex, are never 100% platonic. God created us in such a way that we are always aware of the other person being the opposite gender, with whatever that entails. That is just the given reality. The question is how we are supposed to navigate this reality. Does it mean that one should never interact at all with members of the opposite gender? Much of the charedi world advocates exactly this type of complete separation of the genders, and I completely understand where this approach is coming from; our Orthodox community is unfortunately not immune to extra-marital affairs or teenagers engaging in pre-marital sex or (less egregious but way more common and still assur) not observing the laws of shomer negiah. However, I personally do not live my life by the complete separation approach (at least I don’t now, though I pretty much did in high school due to how much I disliked all the drama the boys caused at the end of elementary school, as I mentioned above), and that’s generally not the approach of modern Orthodoxy. But what then is the approach? Obviously, it is an absolute given that all of the halachot set up to prevent problematic relationships must be adhered to, such as negiah, yichud, etc. If not, then by definition, the relationship is a halachically problematic one. But once all of the halachot are being kept, then what? Honestly, it’s not entirely clear. I think it’s important to keep in mind the two opposing sides: on the one hand, the value inherent in the other 50% of the human population from whom we can hopefully learn and enrich our lives (and them from us), but on the other hand, the serious danger, both emotional and halachic, inherent in such friendships. Thus, my ultimate advice, both to myself and to others, is to proceed with caution; know yourself and what boundaries you need to make sure that you are living a halachic, Torah-true, emotionally healthy life.
Tuesday, December 15, 2009
A New Kind of Menorah?
The Brush Off
Is it assur to use a lint roller on Shabbos? On the one hand, you're supposed to look put together and presentable for shul, but on the other hand, would it be considered borer because you're taking something unwanted from something wanted?
Good, important, practical question. While I reiterate the disclaimer that this blog is not meant (and should not be used) to establish psak, I think the problem would be melaben. The prohibition against cleaning would apply to any dirt or dust embedded in a garment, unless it is totally on the surface - exactly what the lint brush targets. While you should double check your Rabbi, I wouldn't use it until you get an answer from him.
As for your other point, I think it is important to remember that while there are many ideals that are important on Shabbos (enjoying yourself, relaxing, looking nice, being comfortable etc.), with very limited exceptions, these will not permit something that is otherwise prohibited. Always check with a posek, or at least a user-friendly sefer like Rabbi Ribiat's 39 melachos before making a calculus such as this by yourself.
Friday, December 11, 2009
A Look Back, A Look Ahead
Going forward, after the ימים נוראים I raved here about YU's "To Go" publications. The Chanuka To Go is available here on-line. For those of you who have less time (or paper), this edition is once again highlighted by an article by our own Mrs. Knoll, that I can't wait to read. She also delivered the most recent shiur at Midreshet Yom Rishon, which is available as well. For those of you who want to brush up on the halachot of Chanuka, here is a good one. And don't forget about Parshas Vayeshev. Have a great shabbos and a wonderful Chanuka.
Wednesday, December 9, 2009
A Jewish Perspective on the Human Body
-Daniella Ginsberg
Guest Response from Rabbi Norman Lamm:
The halakhic view is that whatever comes in contact with kedusha and then ceases its contact, loses its original degree of holiness but does retain some element of holiness because of this original association.
Example: “sefer torah she-balah” (a sefer torah that became worn and unusable) must be treated with respect even though it is no longer at the peak of kedusha. Similarly a shul or tefillin, etc. Therefore the same mechanism applies to human beings: when alive, a person attains a certain degree of kedushah thanks to the neshama that is intimately tied up with his body. The body, after death, retains halakhic “protection” which demands that we not offend it, even though the neshama has left it.
Tuesday, December 8, 2009
On the Other Hand...
I have been reading the posts regarding copying files from iTunes and I have a few comments.
I am not versed enough to comment on the halachic issues regarding transferring music to several iPods, but I do know a few things about iTunes.
When iTunes was created, problems such as ripping off a song were issues that needed to be addressed by their own legal teams. Based on recommendations from their suppliers (the people who own the music), certain technological restrictions were placed on the music. Music bought from iTunes has a special encryption which prevents the downloaded music from being stored on more than 5 computers. They did not place restriction on the number of iPods that can download the song from any of those computers or how many times it can be burned onto a CD. The reason for this, I assume, is that the people who own the music decided that it would be fruitless to try to completely control thier music since people have been copying music illegally since records and tape recorders (if you know what those are). They decided to control the music in a limited sense, but allow users who bought the music to share it with others. They make their money with the inital purchase and the appeal of using iTunes encourages more people to buy music, even if some of the music they get for free from friends or family who purchased the music. Lately many of these restrictions have been removed. It seems that the music companies are not looking to completely control their music. For those that still control their music with sharing restrictions, it would be illegal to use programs to remove the encryption. In either case it would be illegal to make a profit from your purchase by reselling the file or a CD of the music.
Whether the intentions of the music companies helps us figure out the halachos regarding file sharing on iPods is up for debate.
I do agree that removing encryptions or burning CDs that explicitly say not to is halachicly and legally prohibited. But CDs and music without these restrictions and encryptions might not fall under that same halachic and legal status since the companies are giving you the option to share (but not sell for profit!)
Monday, December 7, 2009
More on Copying Music
I have a couple of things to add to what Ms. F and Rabbi Besser said about downloading a song off of someone else's iTunes. As a Jewish music fanatic, I have seen a fair amount of CD's in my day. On most Jewish CDs it writes clearly on the front of the CD, "All rights reserved. Unauthorized duplication or broadcast is against Halacha and applicable laws." This means that any time someone makes a copy of any part of this Cd without the permission of the production agnecy, they are breaking Halacha. It is like the domino affect: imagine if only one person bought a certain CD, and put it on their iTunes. Her friends then come over and put the CD on their iPods. If one of these friends has software that can transfer songs from her iPod to her iTunes, then her other firends can come to her house and download the CD. Hundreds of people can end up having this CD on their iPods, and the group only got paid for one copy of the CD. Is that really fair to them? And this is without the argument that it is against American law to duplicate a product without permission from the artist. This extends to books, inventions, and music If a group owns a copyright for their product, and someone subsequently copied that product without permission from the original group, they are stealing according to American law. In Judaism, we have the concept of dina d'malchuta dina. This means that the law of the land in which the Jews are living is the law. Even if you figure out a way to say that halachikly you are not stealing, which is hard to do, we still must obey American law as well.
As you can probably tell, I am very passionate about this subject. To me, it is the same thing as a farmer who grows apples for a living. His only way to make any money after his finding a field, planting the tress, watering them, growing them, harvesting the apples and preparing them is by selling his apples, and his assumption that people will buy them. If someone decided that they do not need to pay for the apples, and to take them without payment, everyone would agree that he is stealing. Downloading music is no different. You are taking these musiciands "apples" and they are making no money from it. I think that even with Halacha and American law aside, it is a logical, moral argument that downloading music is taking something that you have to pay for without paying, thereby stealing from these musicians.
Yasher koach for your spirited and thoughtful post, and perhaps even more impressively, for using apples as your example for our conversation about iTunes - well done.
I think that the objections that you articulated are among the very reasons why most poskim (led by Rav Moshe) agree with you - see the articles by Rabbi Belsky and Rabbi Jachter cited previously. However, the latter article does bring some authorities who are lenient. If it is not assur (though again, it probably is), then there is nothing hat the record companies can write on the label that will change that.
Sunday, December 6, 2009
Shabbat & High Heels
Is it muktza to walk on the grass on shabbos in high heels if it makes holes in the ground? And if so, what malacha is it?
Thanks,
Daniella
The melacha that wearing high heels on grass, dirt, or sand might violate is choresh-plowing. Rabbi Ribiat, in his encyclopedic work, The 39 Melachot (which is an excellent resource for Hilchot Shabbat questions!) writes that there is firm basis to allow wearing high heels even when making holes and kicking up dirt or sand is inevitable. He does quote some in the footnotes who say that it might be preferable to walk slowly if you are wearing heels in this situation, as then penetrating the soil and kicking up soil might not be inevitable.
Thursday, December 3, 2009
More on Copying Music
A quick reminder, that the fact that we can identify authorities that permit copying music in limited circumstances, does not give us the license to follow those opinions just because they exist and we like their rules. As always, everyone should seek the ruling of her Rabbi before doind something that is halachically controversial.
Pure Chesed
Wednesday, December 2, 2009
Entering a Church
Hi Rikki, great question! The issue of entering a church depends on whether Christianity today is considered Avodah Zarah and if a church would be considered a בית עבודה זרה that one would be forbidden to enter. There is a מחלוקת over whether or not Christianity is considered idolatry forbidden for non-Jews (due to their belief in the trinity), or just for Jews. The Rambam (Hilkhot A"K 9:4) says it is, while the Rama (YD 141:1) says it is not, since Christians combine their belief in G-d with another power, something called שיתוף, which while forbidden to Jews, may be permitted to non-Jews. The Meiri has a radically different opinion, stating that when the Gemara uses the term "idolaters", it is referring to "lawless nations". Therefore, Christians today, if they follow a moral and ethical code, would not be part of this category at all.
With regard to entering a Church for non-worship purposes, I can't comment about your specific case (you should probably consult your local posek), but Rav Moshe Feinstein (YD 3:129) forbid entering a church even just to look at paintings or architecture (a question that comes up a lot when people travel to Rome). For more on his position and that of Rav Soloveichik, you can click here.
Your question reminded me of an interesting debate that came up when Rabbi Haskel Lookstein participated at a prayer service at the National Cathedral in honor of President Obama taking office. The Rabbinical Council of America criticized Rabbi Lookstein for entering a church under these circumstances. There is an interesting exchange found here and here, and also here, defending/criticizing Rabbi Lookstein's decision. Rabbi Lookstein's rationale for why he decided to participate is found here.
Copying Music that Someone Else Bought on iTunes
Dear Why-anot!
If person A bought cds or music from itunes and then person B copies that music to her computer or ipod - is transfering music halachically allowed or not?
From,
The 11th Grade Technology Class
Answer:
According to Rav Moshe Feinstein, you are not allowed to copy music that someone else bought on itunes. When you copy the song, instead of buying it yourself, you are taking money away from itunes which takes away money from the song's creator. Basically, it is stealing.
Student Reaction to Mrs. Sinensky's Post
I don't think I fully understand Mrs. Sinensky's blog post. If friendships with boys are problematic because of what they may lead to, I can understand that logic (personally, I think halacha itself provides enough boundries from inappropriate activities, and drawing the line at friendship might be putting an unnecessary chumrah on ourselves. Why not say that boys and girls should never talk or see each other because we're scared of what it might lead to?)
But I'm confused about the second reason, that boy-girl friendships are bittul Torah. What's the source of the concept of bittul Torah, and where do we draw the line? If you want to say that non- Torah activities can be outside the realm of bittul Torah as long as they in some way compliment your Jewish life and your identity as an oved-Hashem (I don't know if that's a real answer), than I would think that(assuming they're appropriate), boy-girl friendships have as much potential as single sex friendships to fall into that category of non-bittul Torah things. What are the boundaries of bittul Torah?
-Rachel Friedman
Tuesday, December 1, 2009
Boy-Girl Friendships in High School
Some people say that from a girl’s perspective, it is in no way bad and may even be momentous for us to have a few good guy friends. When you need a friend to talk to and you know that a girl will only add more drama, its good to have a guy friend that you know will be chilled and much less likely to evoke drama on the matter. (assuming of course that the friendship remains appropriate and permissible according to halacha). While all that makes sense from our (a girl’s) perspective...we don't really then understand the mishna in Pirkei Avot which says something along the lines of a guy not being allowed to talk to a girl. Touching and other prohibitions between girls and boys are comprehensible, but talking?! Isn't that a little extreme..??
Thanks !
-Shira Westrich and Hanna Erdfarb
Response:
The Mishna in Pirkei Avot that you are referring to is:
משנה מסכת אבות פרק א משנה ה [ה] יוסי בן יוחנן איש ירושלים אומר יהי ביתך פתוח לרוחה ויהיו עניים בני ביתך ואל תרבה שיחה עם האשה באשתו אמרו קל וחומר באשת חברו מכאן אמרו חכמים כל זמן שאדם מרבה שיחה עם האשה גורם רעה לעצמו ובוטל מדברי תורה וסופו יורש גיהנום:
In addressing the question about how having relationships with guys fits with this Mishna, I think it is important to consider what type of relationship we’re talking about. If it is a relationship which is built upon shared values and ideals and the pursuit of religious growth, then I think there are definitely positives to the relationship. At the same time, the consideration of bittul Torah for the man (since he has a chiyuv) is a consideration, and that needs to be worked into the equation. And even though women do not have a technical chiyuv in Talmud Torah, she also has an obligation as an eved Hashem to fill her time with meaningful and wholesome activities as well. In addition, the possibility of a relationship leading to inappropriate thoughts and actions is always a real one, even for a relationship that is centered upon the best values and ideals. We don’t know ourselves as well as we think we do, and never truly know how we will deal with situations that test our self restraint.
In short—I certainly don’t think that having relationships with guys is necessarily prohibited, yet it is clearly not looked upon by Chazal as recommended. There are definite benefits to friendships between boys and gils in high school, but whether or not to enter into these relationships is a decision that I think should be made with serious consideration of the above factors.