המעין

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HAMA'AYAN

Table of Contents

Abstracts                                                                                                                     II

 קידוש החמה/ Rav L. Yosef Breuerזצ"ל  [in English]                                                   V

Acquiring the Rights to Shemittah Produce by Virtue of Hefker / Rav Meir Bareli 3

"Agriculture according to the Torah" - 50 years of research / Prof. Eliezer Goldshmidt                                                                                                                               13

"Thy Mighty Power Thou hast Wondrously Displayed on Pesach" (אומץ גבורותיך הפלאת בפסח) - Commentary on the Piyut / Prof. Meir Nachum Bronsnick                                    16

The Odour of Slander (אבק לשון הרע) According to the Rambam / Itiel Amitai        21

Twenty One or One and Twenty? / Uriel Frank                                                         25

The Validity of the Heiter Mechira in light of the Court Ruling / Rav Ze'ev Weitman                                                                                                                                 43

Halachot for Blood Donors in Brief / Rav Avraham Ya'akov Goldmuntz                47

Rav Kook זצ"ל Discourse on the Importance of the Israeli Flag / Rav Ari Yitzchak Shwat                                                                                                                          55

Responses and Comments

A Wretched Valley (`Emek Achor`) / Rav Betzalel Deblytzki                                  69

"Petach Tikva"… / Eitam Henkin                                                                               74

More on the Controversy Concerning Wiezel and Mendelsohn / Rav Yom Tov Porges                                                                                                                               79

Return to the road! / Rav Dr. Refael Binyamin Pozen                                               83

"Test Me on this"- on Tithes or on Charity?/ Yekutiel Rosenfeld                              93

Rav Shlomo Zalman Auerbach זצ"ל on Subtracting Household Expenses from Ma'aser Kesafim / R. Yonah Imanuel ז"ל                                                                                94

Editorial Review of Recent Torah Publications / Rav Yoel Catane                           95

 

Abstracts

Rav Meir Bareli: Acquiring the Rights to Shemittah Produce by Virtue of Hefker

The issue opens with an article by Rav Meir Bareli, who resides in the Negev with many of Gush Katif evacuees. He claims that there are cases where the Halachic relinquishing of ownership (Hefker) is not a complete one. In his opinion, Chachamim maintain that only the original owner may reacquire what has been relinquished for the sake of commandment of ביעור שביעית.

 

Prof. Eliezer Goldshmidt: "Agriculture according to the Torah" - 50 years of research

Prof. Goldshmidt of the Weizmann Institute in Rechovot is known as a senior researcher in matters of agriculture and Halacha. He reviews the achievements in this field and the need for continued further research. Referring to the world-wide impact of Hot House cultivation during the Shemittah year, he urges the next generation to invest in developing a technology for seeds that could be planted before the advent of the Shemittah year and yet be resistant enough to withstand the first rain fall.

 

Prof. Meir Nachum Bronsnick: "Thy Mighty Power Thou hast Wondrously Displayed on Pesach" - Commentary on the Piyut

Prof. Bronsnick investigates the popular piyut "אומץ גבורותיך הפלאת בפסח... ואמרתם זבח פסח". In his opinion, the piyut describes 10 wondrous actions that Hashem performed on Pesach throughout the generations, among them the Covenant Bein HaBetarim, heralding the birth of Yitzchak, the destruction of Sodom, the conquest of Jericho, the burning of the army of Sancheriv in the era of Chizkiyahu, and the hanging of Haman (which tradition maintains happened on the eve of the Seder, although there is no explicit source for this). The author proves that "Ometz" means a large number, many miracles, and the number ten classically alludes to a multitude in this case as well.

 

Itiel Amitai: The Odour of Slander (אבק לשון הרע) According to the Rambam

Itiel AMitai of Rechovot analyzes the concept of "odour of slander" - Avak Lashon Hara - an indirect and/or less serious form of slander. He wishes to clarify whether lashon hara, conveyed in a humorous or deceptive fashion, is classified as avak lashon hara, or as the more severe case of lashon hara.

 

Uriel Frank: Twenty One or One and Twenty?

Uriel Frank, a linguist and educator from Mitzpeh Yericho, discusses in great detail the various forms of counting as found in the Tanach, in Chazal and in ancient and contemporary languages. This leads to a conclusion concerning the way of counting Sefirat Ha'Omer, in an ascending order - "One and Twenty Days" (as indeed we do), or the usual way of counting - in a descending order, "Twenty and One Days". While maintaining that both ways are legitimate, one is to follow the ascending order, and not deviate from it.

 

Rav Ze'ev Weitman: The Validity of the Heiter Mechira in light of the Court Ruling

A few weeks ago the Regional Court of Law in Tel Aviv ruled against the members of a Moshav who rented out storage space that they had built illegaly. They claimed that the government had no authority to penalize them for what transpired during the Shemittah year, given that the land is sold via the Rabbinate to a gentile. The court rejected their claim. Some observers viewed this as proof of the lack of legal validity of the "Heiter Mechira". Rav Weitman, the rav of "Tenuva" and the head of the Shemittah division of the Chief Rabbinate, made every effort to minimize the use of the Heiter Mechira on one hand, while strengthening it on the other. He proved that the ruling of the judges does not impact the validity of the Heiter Mechira, which according to many Torah sages and all the chief rabbis is a legitimate halachic position, despite that it is strained.

 

Rav Avraham Ya'akov Goldmuntz: Halachot for Blood Donors in Brief

Few people realize that donating blood is subject to many halachot, a situation which Rav Goldmuntz intends to rectify. While it is a mitzvah to donate blood, it must be done in accordance with halacha: at the right time, in the proper manner, and with attention to the halachic details, some of which are mentioned in the gemara in respect to blood-letting for the purpose of health. In regard to some halachot, Rav Goldmuntz, a Sha`alvim alumnus and an active member of the Torani health organization "Lev Malka", received a responsum from the great sage, Rav Eliashiv שליט"א, which is publicized here for the first time.

 

Rav Ari Yitzchak Shwat: Rav Kook זצ"ל Discourse on the Importance of the Israeli Flag

The Jewish Legion, which was comprised of Jewish volunteers and fought for the English against the Turks during the first world war, is properly considered the first organized Jewish fighting force since the Bar Kochva revolt. Subsequent to its dispersal, the flag of the legion was bequeathed to the famous Churva Synagogue in the Old City of Jerusalem in an official British ceremony (it was lost during the fall of the Old City in 1948). The speech of the Chief Rabbi, Rav Avraham Yitzchak HaKohen Kook זצ"ל, at the ceremony, includes sources from Tanach and Jewish Philosophy pertaining to the importance of the flag. It is publicized here for the first time by the educator and researcher, Rav Dr. Ari Shwat, from Kochav HaShachar of the Binyamin Region.

 

Responses and Comments

In the section of responses and comments, several issues continue to be explored:

Rav Betzalel Deblytzki of Bnei Brak endeavors to prove that Eitam Henkin is incorrect in his defense (writing favorably in the previous issue of HaMa'yan) of Rav Yechiel Michel Pines, the brother in law of the great sage, Rav David Friedman from Karlin. He prefers the view of the Maharil Diskin in this matter, who opposed Pines. Henkin responds that the historical truth will be revealed, and there is no need to succumb to Chareidi re-writing of history. The historical truth reveals, according to Henkin, the positive image of Pines, as opposed to that of his detractors.

Rav Porges of Bnei Brak argues with Rav Pozen over his defense of several prominent members of the Haskalah. Rav Pozen responds at length to all those who disagreed with him. Both endeavor that the editorial board of HaMa'yan will adopt their respective views...

Two comments concerning tzedaka are recorded in this issue, one from a letter of Rav Yonah Imanuel ז"ל, the longtime editor of HaMa'yan.

As in the past, the issue concludes with a review of recent Judaica received by HaMa'yan.