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JO1990-V23-N07.Pdf MECHON HAHOYROA ONE OF THE MOST INNOVATIVE TORAH PROJECTS OF THE 20TH CENTURY IS THREATENED WITH EXTINCTION 14 years of existence with the most fruitful results THIS IS WHAT MIGHT COME TO A HALT: a- 40 kollel fellows studying from early morning to late at night a- 15 qualified Dayanim with many years experience ,,,. 25 Avreichim in the same curriculum with shimush ,,,. Completion of the entire Shu/chan Aruch, starting from Choshen Mishpat and Ewen HaEzer a- A daily Bais Din actice in Boro Park and Monsey .,,. Dayanim, to assure impartiality, receive no recompense .,,. Daily shai/os from rabbonim and baalei batim on the most difficult subjects .,,. Deeds, contracts, wills, prenuptial agreements, pruzbel, heter iska - all prepared halachically and legally .,,. Bi-monthly publication of halachic decisions in Hebrew and English a- Haskomos and chizuk from all Gedolei Y°JSroel past and present Don't let all this stop! Help us. Call now to place an ad in our journal and make a reservation to our Dinner Send a generous tax deductible donation now so that this Torah learning will continue. Second Annual Dinner&. Journal Atrium Plaza, 9 Route 59, Monsey, N.Y. Sunday, 23 Cheshven 5751/Nov. 11, 1990 Guest of Honor: D'lllil 1111 Mr. & Mrs. Joseph Ahronov Guest Speaker: Rabbi Ezriel Tauber P.O.Box 7821 Mons~y. N.Y. 10952 • Tel: # (914) 425-9565 BAIS HOROA: (914) 425-7498, 425-7254 • KOLEL: (914) 426-3603 BAIS DIN (914) 352-8444, 352-8445 •FAX# (914) 425-2094 e '1be Captir•it,~ of tho V'l1abaram Ruthie Pearlman CI S pu/Ji6ke'to Wi61i~ fl Jewish 7'\oth•"i AU 9U Re,tUleU 'Dw:ry a nJ.ID no•nn 101 P·U ·B·L· I·S·H· E·R·S 180 Park Avenue • Lakewood, NJ 08701 • (201) 905·3000 In Israel: Rechov Mishkalov 18/16 Har Nof, Jerusalem •Tel: 02-538-935 In UK and Europe: 1 Palm Court, Queen Elizabeth Walk London, England Nl6 •Tel: 01-809- 3723 THE LOSTCHILDRE;N 1 OFTARSHISJ'' ()N 1''ft/O lt11 ll~ONTS r II I r II f u ~r_u ....,.r~~~ uru A NIGHT OF STARS A MIGHT OF A MIGHT TO THE PIAMENTAS NOSTALGIA REMEMBER DOV LEVINE ACTOR OHR CHODOSH STEVEN HILL NEGINAH ORCHESTRA MICHOEL STREICHER CONDUCTOR KOL SALONIKA COMEDfAN MOSHE YESS MARC WEINER MOSHE LAUFER SIMCHATONE AVROHOM ROSENBLUM RADIO PERSONAL/TY PRODUCED BY BEN-ZION MILLER THE JEP SINGERS NOCHUM SEGAL SUKI & DING SHOROSHIM ~~~~~~~:i~d~A _ui:~~~~::to -s~~c1at: seatlnQ-_afea -amfhonorali!e mimtfori 'in the-p1~-ybi11. ftD~ISSIOH ,•"'-. $1llO, $10!J, $50; $36, $25 Separate s"ting. BROOKLYN MAMHAnAN QUEEMS Eichlers • 718-258-7£43 West. Side Judaic.a • 212·362·7846 Gitt world • 718-2.61-0233 Fof ct~tilf carCi\Ainex,- Vi-sa arld_ Masterca_~d), fieket orders, calf 718-260-4377 fot more lnfoimatio_n -cal! 718-2604377 An Evening at Carnegie Hall is sponsored by "Friends of Shoroshim." THE JEWISH OBSERVER (ISSN) 0021-6615 is published monthly except July and August by the Agudath Israel of America, 84 William Street, 6 New York, N. Y. 10038. Second class postage "Where There's A Rabbinic Will, paid in New York, N.Y. A Subscrtption $22.00 per year; two years, $36.00; There's Halachic Way"-FACTORFTCTION? three years, $48.00. Outside of the United Rabbi Yissocher Fran.cl States (US funds drawn on a US bank only) 12 $10.00 surcilarge per year. Single copy $3.00; The Torah Jew, Child Of Eternity foreign $4.00. Send address changes to The Horav Elazar M. Schach N"\:»'?1:> Jewish Observer, 84 William Street, N.Y., N.Y. 10038. Tel: (212) 797-9000. 17 Printed in the U.S.A. Beyond Time And Place: RABBI NISSON WOLPIN, EDITOR TRANSMITTING THE MESORA THROUGH EVER-CHANGING CIRCUMSTANCES EDITORIAL BOARD Rabbi Zelig Epstein N"V>?i!J DR. ERNEST BODENHEIMER Chairman 24 RABBI JOSEPH ELIAS Gemora JOSEPH FRIEDENSON A CIRCUU\R ROAD MAP FOR THE STRAIGl-IT ROUTE RABBI NOSSON SCHERMAN ro GROwrn IN JEWISH UFE AND UNDERSTANDING MANAGEMENT BOARD NAFTOLI HIRSCH 30 ISAAC KIRZNEA A Question By the Waterfall RABBI SHLOMO LESIN Yaakov Lavon NACHUM STEIN 32 RABBI YOSEF C. GOLDING Business Manager The Benefits of Aloneness Noach Orlowek Published by Agudath Israel of America 33 Standing Alone RABBI MOSHE SHERER YaffaGanz PRESIDENT THE JEWISH OBSERVER does not 35 assume responsibility for the Kashrus of POETRY: Ezekiel In The Garden any product, publication, or service Chaim Feinberg advertised in its pages 36 © Copyright 1990 POETRY: The Seed Of Hope Mrs. Shaindel Weinbach OCTOBER 1990 37 VOLUME XXHI I N0.7 Letters to the Editor Rabbi Yissocher Frand "Where There's A Rabbinic Will, There's A Halachic Way" FACT OR FICTION? here is a brief and compre­ way out of a specific halachic prob­ must adapt religious practices to hensive answer to the title lem, it is only because there is no will their new ways of understanding T question: Fiction! But one to do so. Thus, one may assume, any things. Thus questions arise: Why word answers do not clarify issues. number of problems could be can't women have greater expression and the topic does call for elabora­ resolved legitimately, if the rabbis and participation in religious activi­ tion. only cared enough. This lack of ties? What is wrong, for instance, The title statement is heavy with resolve is to be read as a serious with prayer groups for women? They implications: when the Rabbonim or indictment of the rabbis: they just feel alienated sitting behind the poskim (rabbis and decisors) truly don't care enough. mechilza. spectators instead of par­ want to achieve something, an Before exposing this accusation ticipants. Shouldn't there be a way accepted halachic principle that for the calumny that it is. let us first out of this quandary? indicates otherwise should not be an examine the specific problems to In addition, the call for a rabbinic obstacle. Somehow, they can man­ which the purveyors of this slogan will to find a halachic way has age to sidestep the halacha. Whether apply it. become almost synonymous with by means of a lorndus or a snif (a discussion of the tragic aguna prob­ lem. It is well known that some hus­ clever piece of reasoning or a tan­ TURMOIL REGARDING gential argument), Rabbonim are WOMEN'S ISSUES bands who are estranged from their ingenious enough to find a way wives refuse to give them a get A around any difficulty. Therefore, woman may be in halachic I social / where the Rabbonim do not find a ne area that has become a economic limbo for years, or her fate focus of the search for can be tied to a "ransom" of thou­ Rabbi Frand says a shiur in Yeshiva Ner Israel O halachic innovations is a sands of dollars before the husband in Baltimore, as well as a weekly shiur in the cluster of "women's issues... Women grants her a get Can't we do some­ AgUdath Israel of Baltimore (see JO February '87). The article is based on a fuller treatment of cannot be treated differently from thing about this situation? Can't we the topic that Rabbi Frand delivered at a sym­ men, we are told; they cannot accept come up with a !omclus to get posium at the 67th National Convention of Agu­ old standards and, therefore, we dath Israel of America. around this problem? 6 The Jewish Observer, Octuber 1990 And if the will-and-way formula is true. can't we do something about alacha is ah.solute, halacha cannot be the "Mihu Yehudf' problem. which abolished, halacha cannot befabricated. has splintered Diaspora Jewry? H There are groups within Orthodoxy Halacha is not an amorphous area wherein changing that have come up with a proposal social needs can be legislated; it is the eternal truth qf for a joint commission of Reform, Conservative and Orthodox repre­ Torah applied to t.empora1 activities neflective ofDivine sentatives that would recommend judgment; it co11 esponds to the "blueprint" role of candidates for conversion, to be pro­ cessed only by Orthodox Rabbis. Torah in the olam. hama'aseh, the world of action. This would spare us all the headaches we've gone through by rejecting Conservative and Reform [when the Youell/Jubilee year is not What was assur (forbidden) yester­ converts and the resulting schisms in effect], Shmitta is only rabbinic in day. remains assur today, and what within Jewry .... Can't we do this? nature, and as a result the halacha is mutar (permitted) today was Shouldn't we do this? allows broader latitude. always mutar. Halacha is absolute, "A second consideration: Hejker halacha cannot be abolished, beis din hejker''. That is, in monetwy halacha cannot be fabricated. UNDER THE SAME UMBRELIA matters, the Rabbis have a power Halacha is not an amorphous area akin to eminent domain. which per­ wherein changing social needs can he above questions are pre­ mits them, in effect, to take funds be legislated; it is the eternal truth of sented as though they are from one individual and transfer it to Torah applied to temporal activities T interrelated, all to be solved by another. Obviously, this does not in reflective of Divine judgment; it cor­ some hypothetical "will-way" formula. any manner represent a precedent responds to the "blueplint" role of Those who argue for such innovative to "setting aside laws of the Torah." * Torah in the olam hama'aseh. the approaches in halachic decision­ As for our particular problems in world of action. The so-called inflexi­ making go back to earlier times for the contemporaiy scene, there is no bility of Torah law is a measure of its precedents in employing such tactics.
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