Forum Replies Created
Bump. Still nidcheh…July 23, 2019 8:41 pm at 8:41 pm in reply to: New York State is Denying Access to Education to Anti-Vaxer Students #1764559
Actually, the State can target religion if the regulation passes strict scrutiny. Which it should in this case. Despite the fact that it’s not religion.
However, the OPs premise that *the State* is denying these children education is wrong. It is the children’s pigheaded parents who are denying their children the “right” to be educated, and the more important “right” to be healthy.
I’m about to take a haircut. Am I allowed to, without flying to Israel to ask the “sar hatorah” whether he agrees with the style? Per the OP, perhaps not.
Just adding something: I hereby attest that R’ Shurkin, talmid of R’ Moshe, told me, personally, halacha l’maasa, that lift and cut is mutar lechatchila.
If I recall correctly, the lomdus was in relying on the rambam, and holding that electric shavers of which their blades are blunter than a razor’s and rely on speed to cut, are like mispirayim k’ein ta’ar which the rambam mater’s.
It takes a blade as sharp as a razor to be a ta’ar. One blade which cuts hair even when in slow motion. That is all I have to say about that.March 8, 2019 12:10 am at 12:10 am in reply to: Setting up a MO girl with a serious Lakewood bochur = good idea or not? #1691449
“Everything except hashkafos.” Interesting phraseology. Quite specific, in fact.
For a marriage to succeed, I think, you need to have two people who care about each other enough to make sacrifices for each other, and who are committed to making the relationship work. Could it work? Of course. Is there inherent harm in introducing a shidduch idea to two adults who will then make their own decisions? Of course not.
I guess what I’m struggling with is what my hashkafa is on the scope of the word hashkafa as it pertains to stereotyping individuals and regarding playing semantic games relative to a non-issue.
Says mibnei banav shel Haman lomdim torah biBnei Brak. Pshita? Teiku.
There is a YouTube channel by the name of “Al Neustadter.” This channel has a # of old Jewish LP’s uploaded with the record labels. You will find Kol Salonika there with far more details within the video.
why play when you can watch? Most people need hobbies to stay sane. Watching sports is not the worst potential hobby.
I vote to ban the Mishe-Mishe song too. Blaring the tune of “pick a bale of cotton” on Purim is idiotic.
@doomsday: What are your credentials so that I can consider your presumably misinterpreted and miscited medical studies?
I’d like to quote a recent study right now on a subject matter that I am expert in: “Doomsday is wrong and an idiot who is causing damage.” (frumnotyeshivish, et al, 2018). I got my qualifications on this subject from reading ONLY page 24 of this topic. Prove me wrong, and I’ll retract. But you obviously cant.
If i were texting, then caused an accident where someone died, I’d be pretty shaken up. Wouldn’t you be? The question here is whether your stupid decision directly caused another person’s death. The fact that many don’t clearly see causation is part of the process.
Haimy, it’s not paranoia, as the dumb decisions of dumb people, are having real effects on others. They are not murderers as they lack the capacity for such, but it is not unfair to call them rotzchim. A baby died. Every anti vaxer who may have been a carrier of the disease should be in an ir miklat. and their children should be forcefully vaccinated.
CTL- I mean no disrespect, only that your experiences, while fascinating and worthwhile to share, are not determinative of objective fact. I know of BTL’s who went through HLS. Penn, Umich, UCLA, Columbia, NYU, and Georgetown too, IIRC. I’m younger than you, and have less experience as an attorney, but exponentially more experience as a recent law grad. Idk of BTL’s in YLS, but that is a small sample size (both in terms of my circles, and in terms of yls class size). Bottom line- I’m not saying that a BTL should go to law school, just that it’s been done as a matter of objective fact.
CTL – your anecdotal reflections are interesting but not persuasive.
People with BTL’s have attended elite schools, your adjunctcy notwithstanding. Further, the continued abundance of older attorneys is not fully reflective of biglaw’s need for young, bright, industrious, and trainable associates. There is a shortage of junior associates in many large firms these days. Firms are also more reluctant to hire straight out of school.
Your experiences are fascinating, and I’d love to talk about them over a cup of coffee but I’d refrain from making decisions based on only your observations.
Joe- note the word “particular.”
Should you make an illegal driveway? No. Of course not. It is unlawful and likely assur.
The question here is how do you deal with someone who already did make a driveway, and uses it?
The answer, to me, is find another spot. For sure in terms of the right thing to do. But even if it is a question of “rights” I still think a person should find a different spot unless desperate. You are entitled to disagree, and I’m entitled, as usual, to think that the fact that I’m on the other side of you on an issue, tends to show that I’m right.
To me there are two questions:
1. Am I greatly inconveniencing a particular person for no justifiably important reason? If yes, don’t park. If no, then,
2. How likely is it that there will be ramifications either legally (eg ticket or towing) or morally (eg chillul hashem or altercation). This is a hefsed aveira kineged schara type analysis.
As a general rule, when in doubt, absent significant exigency, don’t park. My rule of thumb.
Meno and Ubiq.: From a statutory analysis standpoint your interpretation of “fixed obstruction” is ludicrous. A lawn is not a fixed obstruction by any reasonable interpretation.
Further, while an approved permit is likely, on it’s own, a sufficient reason to assume a “driveway” is “authorized pursuant to applicable law” it is not the only “applicable law” which is relevant. Thus technically, even with a permit, a driveway can be unlawful, and even without a permit a driveway can likely be lawful. Property law is complex, and simplistic statements as to the lawfullness of driveways do not appear to be accurate.
Towing or a ticket can occur if the relevant authorized party has a reasonable basis to believe that 408f2 was violated – even if it was not. Thus, parking in front of any curb cut should likely be avoided if possible and may result in annoyance or worse. That is my opinion, which is supported by a reasonable interpretation of the relevant municipal code and rules.
Health, you need to work on your reading comprehension skills. Further, you need to come up with better analogies.
“Public health message” ie not the truth?
Nicotine is not more addictive than heroin, in my opinion. Disclaimer: I’ve never tried heroin.
The CDC engages in “public health” campaigns all the time. It often publishes misleading facts and statistics, with the goal being to influence behaviors. The case of smoking in particular is enlightening, as the CDC has likely saved many lives by misrepresentation of smoking’s dangers.
Smoking kills. It often causes lung cancer. It usually causes more harm than good for most people. That doesn’t mean that the CDC is the most objective source for information on this topic.
TLIK – The sefer you repeatedly quote, is it right? I think that’s part of the question regarding first-hand smoke. I think it is not. Quoting from it again will not help. Regarding 2nd-hand smoke outdoors, the sefer, plainly, like your opinion, is well-intentioned, yet completely irrelevant.
No one is forcing anyone to smoke. Indeed, over the last 15 years, it became unlawful to smoke in many indoor public places. Chill out. Have a cigarette.
What’s going on with the ad homimem attacks?
Smoking affects others like eating garlic affects others.
Also, there are folks that work themselves into a tizzy over seeing someone else smoke. But those folks shouldn’t blame the smoker. It’s not his fault that they have issues. Get therapy or something. Maybe have a cigarette or something. But don’t blame the world for your problems.
TLIK – no manufacturers were mass producing cigarettes 300 years ago. No filters, either. Light cigarettes, despite being safer, you argue, induce more dangerous behaviors in smokers at large. I’d like to see that study, but I’m not disagreeing to that.
takahmamash: you show me a doctor or study which shows that more than 50% of smokers (define likelihood please) die early because of smoking.
As usual, people conflate their opinions about smells with health advice.
Constantly exposing a person to smoke or ash in a relatively enclosed environment has been proven to have negative affects on their health.
There is no study to my knowledge (please correct me if I’m wrong) which shows or implies that occasional exposure to diluted second hand smoke outdoors has *any* affect of one’s health *whatsoever*.
It likely is healthier and in my opinion it smells better than diesel exhaust. Where are the complaints about diesel trucks? This is part of the CDC and public health establishment’s quest to reduce smoking, which, admittedly, saves lives. But the lives saved come at the expense of truth and objectivity.
Why discuss public policy when talking about individual choices, which, by and large, don’t affect others?
The burden belongs to the one who wants to prove issur. There are countless tshuvos from countless poskim over the last 300 years paskening heter re: smoking. Cigarettes have gotten safer over that period of time. Also, knowledge that smoking causes lung cancer (in the form of medical studies) has been around since the forties and fifties. Reb Moshe knew about medical studies.
It’s one thing if y’all were so into making heterim because the previous generations made a mistake as proven by current scientific studies. But y’all aren’t (myself included). Be consistent.
As to the op, no, it isn’t. It is unhealthy, but does not reach a likelihood of life-threatening harm to the individual smoker. Shomer pesoim hashem. There are rabbis that disagree with the above. Ask your Rabbi for halachic guidance pertaining to yourself, if you are unsure.
Neville: The point is, that poskim did. And paskened muttar. If you find bread on the street immediately after pesach, if most nearby are not Jewish, it is muttar (assuming other Kashrus). Open and shut halacha lemaisa.
Publish fact lists, if you are aware of relevant inknown facts. Let individual Rabbis do the warning. Unless the food is under your auspices.
DY: I can’t answer as to “lists.” As a rule, they can be helpful in promoting public awareness regarding well-researched facts. This, in theory, should help inform an independent halachic decision.
Obviously, of course, any such list should be framed in an informational PSA, in kind of an FYI scenario, with the sources of the information for your evaluation.
Kashrus agencies should keep their brands far, far away from such lists.
And now I respond for the umpteenth time that metzius doesn’t answer to you, or anyone, for that matter. It simply is. As to a person who bought random beer in a random store in NYC 5 days after pesach 2017, I believe that it is more likely than not (bemetzius) that it was not chometz sheovar. Accordingly, I believe that the halacha allows one to buy such beer.
DY: my left field theories are just adding layers of safek. The main safek is: was the bottle your buying in the hand of a jew on pesach? Answer: at best, maybe.
Random- you just did. This is a safek in metzius. Sh”a paskens that such a safek in chametz sheovar is muttar beachila. Now what?
Neville: “The announcement seems to be to assume all stores in the metropolitan area are chometz to be safe.”
I didn’t see that announcement. Even if I did, an announcement “to be safe” needs to carry specific language that it is not necessarily to be taken literally. I didn’t say there are three distributors, I said that there are 3 corporations affiliated with the one distributor. I was unable to access the distributors books to be able to tell you more. Were you? Did did the guy sitting in the lobby have access to his books? So which company owns the beer, and who own that company? Why must one assume that the bottle of beer in the store was owned by a Jew on pesach when the halacha is that a safek is muttar?
My opinion follows the shulchan aruch. I’d like to believe that other rabbis you’d ask would do the same. Despite that, follow your rabbi.
DY: a company affiliated to him owned the beer in it’s possession on pesach of 2017. It is the nature of the affiliation I am questioning. Is he the majority shareholder, decisionmaker, both or neither? Did any Kashrus agency anallize the corporate structure? Are Kashrus agencies qualified to offer opinions on this too?
Random- mathematician was changed to “mathematics lian” for some reason, by my phone.
I agree Neville, that if this guy owned a store and didn’t sell, one shouldn’t but from the pesach stock. I did look up the Manhattan corporate entities. There are 3. This probably Jewish fellow is the founder and CEO of at least one of them. This does *not* mean he *owns* the majority of the company that buys the beer he distributes.
As far as my *this beer* point, random, I was saying that the beer in the store is not necessarily the same beer that was owned by a Jew on pesach. An important distinction.
It is not my psak over anyone else’s. The “Kashrus industry” doesn’t have a psak regarding individual stores, not that it’s binding if they do. I’m just trying to follow halacha to the best of my ability. I recommend that others do the same.
fine I’ll change the phrase “potentially jewish” to “likely jewish.” I still haven’t heard what the business structure of the distributor is. is it a c-corp, s-corp or partnership, etc? who owns the shares? I doubt the distributor makes this info public. I’m not relying on this alone, rather, I’m stating, that cumulatively, an individual beer bottle for sale in NYC is not probably Chometz sheovar, and accordingly is muttar.
dy- Potentially Jewish means that although the founder of the distribution company had parents who went through Auschwitz, there are more questions which could be asked as to yichus and ownership of the distribution business entity.
Neville- I am not refusing to do any research. I am refusing to rely upon broad, unsophisticated statements as to probability which make no sense. If someone spent 2 hours researching the third 6pack of Heineken from the front in my local liquor store, I’d listen. Until then, nothing stated has come close to implying the third 6pack of Heineken from the front in my local store is Chometz sheovar.
The Chelkas Yakov, mb, Reb Moshe, and normative halacha pasken that sofek Chometz sheovar is mutar baachila. Not my chidush.
DY: a near-monopoly by a potentially jewish distributor on beer deliveries over pesach does *not* equal the idea that most beer in any store within given area is Chometz sheovar. Even the day after pesach. Also not two weeks after pesach. *Any* reputable and knowledgeable posek, including those behind most Kashrus agencies, would or should, at best, equivocate. Those that do otherwise, are, in my opinion, wrong. You, and everyone else, should follow your *own* rabbi’s opinion. Even if he’s wrong. That is all I have to say on this issue. L’chaim, again!
Nevile, see #1509152 where u questioned normative halacha which holds it’s derabanan.
The difference between deoreisas and derabannans are significant in the sense that sfeikos are treated very differently. Further, being that the intent of the derabanan is as a gezeira of knas, it is possible that the gezeira has special rules of application.
The application of knowledge of a large, possibly jewish, regional distributor, who owns, or may own, a chometz mixture on pesach, to a blanket issur on most beer brands in all stores in said region, requires a number of factual assumptions.
The fact that it’s a derabbanan means that I may not have to engage in all those assumptions.
I’m not sure what the crc said, precisely. I did listen to an employee of the star-k speak about this on a podcast. He was careful to limit Rav Heineman’s extreme carefulness regarding mechiras chometz to venues under the star-k hashgacha. I respect that part of what he said.
Bottom line: despite your continued rhetoric, and calling this “beer shel hetter” “chometz shel issur,” I believe that:
1. Halacha as I understand it states that all beer in the tristate area is muttar lechatchila
2. You haven’t come close to persuading me otherwise.
3. A Kashrus agency’s job is to ensure that items it certifies are kosher. If it fails at that job, it becomes disreputable. If it has extracurricular activities outside it’s job, it carries the risk of becoming a joke. I hope that the agencies involved in this learned some kind of lesson.
4. the folks putting up kol korehs and investigating the yichus of distributors, will, in my opinion, be held accountable upstairs, for being machshil and matriach the masses.
5. If you have a local liquor store, owned by a Jewish person, open on pesach, you should not buy alcohol there until most of the stock of the brand you are purchasing has been replaced. even then, it might be better to buy elsewhere. This is what halacha says. applying this halacha to distributors requires a levelheaded and halachic approach. the folks making noises, are, in my opinion, not using a levelheaded and halachic approach.
have a good shabbos! l’chaim!
Neville: “Chometz shel issur”? whose language is that?
“You’re trying to infer from the silence in previous years that they were matir?”
I “suspected” (as part of my dan lekaf zechus approach to this shenanigan) that because no reputable kashrus agency can call random beer in a random store after pesach “assur” for the reasons I stated above EVEN WITHOUT ANY MECHIRA, they correctly “didn’t know that the distributor was Jewish.”
Once there was a mechira done (which is a great thing) and OK and R’ Weinfeld had the related publicity tour, the OU was forced to publicly state its position that the Mechira is not valid (per Rav Soloveitchik’s shitta over R’ Moshe’s). Note: The OU never formally stated that any individual beer in any individual store is assur, for good reason.
I love how you evaded discussing your extremist halachik opinion that the “beer shel hetter”(tm) is “Chometz shel issur” because you believe that chometz sheovar alav pesach is a de’oraisa. Halacha lemaisa – it isn’t.
Neville- Finally! A constructive discussion. Mainstream halacha in the US, following R’ Moshe and the M”B amongst a overwhelming majority of poskim, hold that it’s a derabannan. Thus, a shita that it is a deoraisa, while it may have a logical basis, has no place in the public discussion of buying beer near NYC after pesach.
As to your statement that “the ‘irresponsible position’ that you reference is not coming from me, but from several mainstream kashrus agencies,” I have a few thoughts: 1. Is it possible that it is both you and the kashrus agencies? 2. Don’t you find it interesting that the only time this information was released was *after* a sale was made? I suspect that the information was *rightfully* withheld from the public as a nonactive way of following the correct halacha. 3. I have yet to see *one* kashrus agency which says that an individual may not buy any of these brands of beer from any store (the Star-K’s unusual position regarding certifying products going through institutions selling chometz notwithstanding).
A kashrus agency’s power lies in its fact-finding boots on the ground, along with its rabbinic guidance. When an agency’s only proactive statement about something is on a podcast, it kind of loses its gravitas. Now if Rav Shechter signed off on an official OU statement that every bottle of certain brands of beer *may* not be bought unless one is *certain* that it is not chometz sheovar, that would be a different story. That hasn’t happened, and I believe it won’t, for good reason.
Joseph- who is the current monarch?
Also, AviK do we have organized communities in the US?
European concepts allowed for secular government recognition of quasi-independent religious authority. Our US constitution, as currently understood, I believe, forbids such etablishment of religion.April 19, 2018 10:08 pm at 10:08 pm in reply to: Jewish Jobs – Shouldnt Say Female Only Very Many Times #1509094
CY- it is a complicated question. I’m not an employment lawyer. Discrimination on the basis of gender and religion is unlawful under title vii, which applies to all employers of 15 or more people.
Note: failing to accommodate a religious need is not discrimination, and has separate rules regarding how hard it is for the employer to accommodate. Thus your post regarding erev shabbos is incorrect.
In my brief googling of the topic I did come across some interesting eeoc guidance re: when religious accommodation can cause gender discrimination, involving a Muslim who wouldn’t shake hands with women. See Nov. 20, 2009 eeoc letter via Google.
iac: I meant randomex, my apologies.
Neville I’m not yelling. You appear to be confusing mathematics and the “din” of a “safek” or sfeik sfeika.
The beer in front of you in the liqour store was either in the hand of a jewish distributor over pesach or not. One Safek, let’s say, but how do you calculate odds? Say 40% of the beer in this store was purchased at a time where there is a 75% chance that it was in the hands of a Jew over pesach. What are the odds that the bottle in front of you is Chometz sheovar? there are other mathematical questions as well.
Assuming that there is a 50% halachik threshold regarding the odds of this “safek derabanan” in order to tell someone else to be machmir lechatchila, don’t you think your position is irresponsible? If you disagree with the 50% number as a matter of halacha, that’s a different story but say so, in straightforward way.
“Can there be an executive without a state?” An excellent and fundamental question. Inasmuch as an institution “does,” in theory, the executive would be the part that is “doing.” I think.
The legislative from Sinai idea is that the law is divinely originated, not man-made. While we still inherently (must) have a power to interpret, the power to enact, these days, is not clear, and would only be within the rigid rubric from Sinai.
Involved laypersons would be the non-rabbis, who are trying to act upon the rabbinic interpretation of the laws from Sinai and regulations added thereafter.
Obviously this is a whimsical and theoretical discussion. But aren’t these fundamental structures important to define?
@dy, Mr. “greater than 50%,” do you have any evidence supporting that bold assertion? Does that evidence apply to all liquor stores? In my personal liquor store, often, beer stays on the shelf for more than 2 weeks. Often it does not. The owner does not know which beer arrived, when. On which days, if any, would you assume issur in said case? Do you have a halachik source for this (under the psak halacha that this is a Safek derabanan?)
Does a distributor own the product? What if the founding manager holds the controlling shares of his corporation in a trust with the benficiaries not being Jewish. how would you know or calculate these odds?
How many days does the average beer bottle stay with the distributor?
This beer as opposed to other beer, obviously. Owned as opposed to not owned, obviously. And regarding “mathematics lian,” both of us should defer to mathematicians regarding both the calculation of cumulative odds, and also regarding frequency of typos and how often they affect the content of an argument.
“if one were to translate lehavdil the three branches of government into Judaism
On what basis?”
On the basis that these three powers exist in all law-based institutions. Being that yiddishkeit is a law based institution, it has at least those three powers. The question is, how are they divided? The Torah divides between Kehuna, Melucha, Nevius, and Rabbanus with distinct rules for each.
Who is the executive branch now that we have no king?
I think it is an important question.
No one is addressing the fundamental and baseline question:
(Assuming the valid sale didn’t exist)
If you buy a beer from a random store, what are the odds that 1. *this* beer was 2. *owned* by a 3. *Jew* 4. *on pesach*.
Need all four. I’m not a great mathematics lian but I believe R’ Moshe held that a greater than 50% likelihood of *all four* means that one should be machmir lechatchila on this Safek derabanan.
Who has the burden of proving the math?
Why are people making all assumptions to chumra?
Why are people applying psakim about Jewish stores which definitely owned *this item* of chometz, to distributors?
All this said, ask a Rabbi. But make sure he knows math, doesn’t get affected by peer pressure, and is capable of distinguishing between things that need to be distinguished.December 31, 2017 6:27 am at 6:27 am in reply to: Keeping Mental Illness A Secret In Shidduchim🤕 🤒🤐👰🤵 #1439615
bpd is likely referring to borderline personality disorder. David, the word criminal is harsh. bpd presents itself on dates relatively clearly.