המעין

HAMA`YAN

Table of Contents

Renewal / The Editor…………………………………………………………………....…2
On Establishing the Shlomo Aumann Institute / Rav Yosef Buxbaum zt"l………..…..3
Rav Yosef Tzvi Dushinsky zt"l and the Nascent State of Israel / Moshe Ehrenwald...8
Summoning Elected Officials to a Din Torah [Court Hearing] Regarding Their Communal Activity / Rav Shaul Bar Ilan………………………………………………...25
Halakhic [Jewish Legal] Implications of the Reason for the Directive of Shemittah [the Sabbatical Fallow Year] / Rav Aryeh Wiesel…………………………………………....39
Fruit Sanctified by the Seventh Year in Marketing Chains / Rav Zeev Weitman……45
Responses and Comments
Regarding the Opinion of Rav Kalman Kahane zt"l in the Matter of 'Heter Mechira' [sale to ameliorate restrictions on working the Land] / Rav Yinon Weissman….60
Further to the Matter of 'to Birds Your Mercies Extend…' / Rav Avishai Grinzeig; Dr. Yekutiel Rosenfeld; Avraham Lifshitz……………………………………….…61
Further on the Dedication of the Author of Em haBanim Semechah / Rav Yissachar David Klausner……………………………………………………………………………..64
'And They Kindled Lights in Your Holy Courts' [Rejoinders] / Rav Yaakov Ariel; Rav Netanel Arye; Rav Prof. Shubert Spero; Rav Meir Berkowitz; Rav Yehuda Zoldan.65
On Books and their Authors
How Is the History of Hungarian Jewry Written in Israel? – Survey and Critique of Jewish Communities in Hungary, 1944 / Rav Baruch Oberlander [rejoinder: E. Farbstein]………………………………………………………………….……………….73
Gid hanasheh [Sciatic Nerve] in Male and Female / Rav David Metzger……………90
Rav Eliezer Chaim ben Eliezer – Biography and Two Responsa Newly Published from Manuscript / Adiel Breuer……………………………………………………..…….95
Editorial Review of Recent Torani Publications / Rav Yoel Catane…………………107

 Rav Yoel Catane: Renewal
Rav Catane, the editor, begins by describing the renewal which we all sense in these days as we approach the upcoming Festival of Freedom. He reports that for the members of the Shlomo Aumann Institute, the feeling of renewal is all the more salient in the wake of entering the renovated and refurbished Shlomo Aumann Institute House

Rav Yosef Buxbaum zt"l: On Establishing the Shlomo Aumann Institute
Rav Yosef Buxbaum zt"l, founder and director of Machon Yerushalayim who took part in establishing the Shlomo Aumannn Institute, spoke at the first annual memorial for Shlomo z"l, and related Shlomo's love of sifrei kodesh to the feeling of 'resurrection of the dead' which he received from every new torani work that he saw.

Moshe Ehrenwald: Rav Yosef Tzvi Dushinsky zt"l and the Nascent State of Israel
A researcher of the land of Israel, Dr. Moshe Ehrenwald of Carmei Tzur in the Etzion Bloc, depicts, using documents he located, the communal and personal path of Rav Dushinsky zt"l , Rabbi of the Edah haHaredit [Ultra-Orthodox (anti-Zionist) Jewish Community] in Jerusalem before the establishment of the State. Rav Dushinsky knew how to find ways to preserve the community in its [separatist] path without severing ties with leaders of the nascent state.

Rav Shaul Bar Ilan: Summoning Elected Officials to a Din Torah Regarding Their Communal Activity
Rav Shaul Bar Ilan, Esq. lays out the responsibility of a public figure for acts of commission and omission, and the rights of one who considers himself harmed by him to bring suit in a Din Torah. He describes the attempt to summon a public figure who in his opinion betrayed his mission during the period of disengagement from the gaza Strip, an attempt which failed.

Rav Aryeh Wiese: Halakhic Implications of the Reason for the Directive of Shemitta
Rav Wiesel shows that according to the path of Rav Shlomo Zalman Auerbach zt"l it is quite clear that that there exist laws in Shemittah which arise from the need to negate the sense of control felt by the owners of the field, and that this reason has implications in deciding halakhah for the public.

Rav Zeev Weitman: Fruit Sanctified by the Seventh Year in Marketing Chains
Marketing produce is the Achilles' heel of managing otzar beit din [court storehouse]. Rav Weitman, the Rav of the Tenuva cooperative, has for many Shemittot been responsible for the 'court storehouse'. He describes practical, halakhic methods for marketing fruit during Shemittah without fear of incurring prohibitions.

Responses and Comments
Many rejoinders are presented in this issue: in matters of Shemittah, in the matter of Maimonides' opinion regarding Shiluach haKen [sending away the mother bird] and on compassion on the mother, corrections in deciphering the dedication of the author of Em haBanim Semechah on the copy he sent to the Gerrer Rebbe, and a collection of reactions in the matter of when the regulation of kindling Hanukkah lights was instituted.

On Books and their Authors
In bibliographic matters as well, we present many significant articles: a critique of the book published by Machon Yerushalayim on the history of Jewish communities in Hungary before the Shoah and a defense of it, resolution of the riddle of the surprising halakhic matter penned by Rav Jonathan Eybeschutz regarding the gid hanasheh in creatures of the female gender, and the biography of a great sage who lived at the end of the era of the Tosafists, with responsa from manuscript.

The issue closes with a review of new torani works by Rav Yoel Catane.

פסח כשר ושמח!