Project Genesis


July 4, 2008

Unsolicited Text Messaging

Filed under: Business Law

Question: Although some carriers offer free text messaging, many people are charged a fee for each text message. Is it permissible to send out an unsolicited text message to a group of people announcing a Torah class at a specific time, even though it might cost them money? Would the law vary depending on whether the recipient has attended this class on previous occasions?

Answer: I have discussed the matter with a colleague of mine from the Beis Hora’a (Jewish Law Center) of Lakewood, NJ, and we have concluded that it would, in fact, be permitted to utilize text messaging to make potential students aware of your classes, even if they have not given you express permission to do so.

There are several elements that factor into this decision. First, it is presumed that they were the initial source of the cell phone number. If so, since text messaging is a normal (and popular) use of a cell phone, it can be presumed that they permit its use in this manner.

Furthermore, via their websites, all of the major carriers in the United States facilitate rejecting text messages from all but a select list of contacts. Therefore, it can be presumed that if they provide their cell phone number, but haven’t taken this step to restrict text messages, then they accept your use of the number in this manner.

Finally, at the time of this writing, a recipient is charged for a text message upon reading it, not upon its receipt. While it is somewhat cumbersome on many phones, it is possible to check the source of a text message before “accepting” it by reading it. This leaves the ultimate control of whether or not a text message incurs a charge in the hands of the recipient themselves.

As a practical matter, it is advised to include an “opt-out” feature via telephone (since this could be done at no cost to the recipient) at the end of your first message.

If you have further questions, please do not hesitate to contact me.

Yitzchok Willroth

Understanding Rahab


Question: What is real identity of Rahab (Joshua 2:1)? Was she a prostitute or someone who ran some type of inn (which is why the spies hid there)?

Answer: The Hebrew word “zona” (used to describe Rahab in the above quoted verse) has both meanings: A woman of loose morals, as well as an innkeeper. There is a question as to which definition applies to Rahab.

Consider, however, that being an innkeeper can place a woman in potentially provocative situations with her clientele, making the occupation unsuitable for a modest woman. That may be the meaning here, rather than being a prostitute.

Nevertheless, there was certainly something very special about Rahab—not only did she hide the spies (see Joshua Chapter 2), but she also married Joshua, the leader of the Jewish Nation, after she converted.  From their line were born eight of the major prophets.

Regards,

Eliahu Levenson

Abortion for Rape Victim

Filed under: Abortion

Question: Under what conditions could a teenage victim of a rape be allowed an abortion?

Answer: Thank you for your question. According to many Halachic [i.e. Jewish Law] experts, in a situation where a pregnancy poses an extreme hardship on the life of the mother, it would be permitted for her to undergo an abortion within 40 days of the conception. This renders the “moral dilemma” of the issue of a teenage rape victim moot from the perspective of Jewish law, as this gives more than enough of a window of an opportunity to deal with this issue – assuming that the victim has confided in a responsible adult. After this time, the child may only be aborted if, in the opinion of medical professionals, it presents a direct danger to the mother’s life.

Take care,

Rabbi Aaron Tendler

[Editor – See here for more posts on abortion.]

July 3, 2008

The Rumor that Jews Have Horns


Question: What is the story behind the rumor about why Jews have horns? How did that get started?

Answer: To my knowledge, it began with a mistranslation of Exodus 34:29—“…and Moses didn’t know that his face shone when He [God] spoke with him.” The Hebrew word for the verb “shone” is “karan” and is phonetically close to the word “keren,” which can mean horn.

The error was compounded by the Italian artist, Michelangelo, in his sculpture of Moses, which portrays our leader with two horns.

With best regards,
Rabbi Boruch Clinton

No Slaughter for Fish II

Filed under: Kosher Food

Question: Why do we have special rules for the slaughter of animals and birds, but not for fish?

Answer: Thank you for your very interesting question. Clearly, the primary reason why we are obligated to slaughter animals and not fish is because this is what is prescribed by God in the Torah.

Our Rabbi’s in the Talmud (Chullin 27b) explain this in the following way: Animals, which were created from the ground, require more of a slaughtering to disconnect them from the “physicality” of life. Therefore, we must sever both the wind and food pipes. Fish, which were created from water, require no slaughtering at all. However, fowl, which were created from mud (earth and water), only require that one pipe (the trachea) be severed.  Proof that birds are created, at least partly, from water is offered from the fact that birds have scales on their feet, just as fish have scales on the body.

I don’t know that I’ve done justice to your question. Perhaps you have a Rabbi or friend that can sit down and learn the commentaries on the above passage with you.

Take care,

Aaron Tendler

[Editor – See here for another perspective on why fish do not require a particular method of slaughter.]

Thursday Haircut

Filed under: The Sabbath

Question: Is it permitted to get a haircut on Thursdays?

Answer: I believe that some of the commentaries on the Shulchan Aruch (Orach Chaim 260) say that one should not have a haircut on Thursday; rather, the haircut should only be on Friday so that one will look good for the Sabbath. (This reason probably applies to any day of the week that isn’t Friday – though there are some opinions that it is only a problem on Thursday).

However, the commentary Aruch Hashulchan (ibid) asserts that a person is definitely permitted to have a haircut on Thursday if they know that they won’t have time on Friday.

I hope this answer helps.

Rabbi David Sedley

July 2, 2008

The Meaning of Ashkenaz


Question: I was told that over 5000 years ago there was a reservation of people that were led by a man named Ashkenazi, and his people were named “Ashkenazi” after him. These people accepted Judaism. Is this true?

Answer: I think the story you heard might be a composite of three separate stories: One about the great grandson of Noah, another about the King of the Khazars and his subjects, and one about Jews called “Ashkenazim.”

In Genesis 10:13, the Torah records that Noah’s son, Yefes, had a son Gomer—whose son was Ashkenaz. You could say he lived a bit over 5000 years ago. No one at that time could convert to Judaism because the founders of the Jewish nation were not yet born!

Then there’s the story of the Khazars. There’s much discussion over whether the story is true, but this is how the legend is told: There was a tribe of people called the Khazars who had a king. The king had a recurring dream, in which an angel told him, “Your intention is pleasing to God, but your actions are not.” This bothered the king, and he began to explore different religions. He interviewed experts of Islam, Christianity, Philosophy, and Judaism. He eventually decided that Judaism is the best for him, and he converted along with his whole tribe. Those who claim the story is true say the story took place around the year 700 of the common era. (more…)

Keeping Business Open on the Sabbath

Filed under: The Sabbath

Question: I have a non-Jewish business partner. For the last twenty-odd years he has accepted us not having the business open on the Sabbath or Jewish Holidays.  But now, all of a sudden, he wants to be open 24 / 7.  I know that this is complex, but, according to Jewish law, is there a way to run the business on the Sabbath (without me present, of course) while still owning it?

Answer: Thank you for your question. If the business is not known to be owned by a Jew, then there are ways that it can be structured so that all business done on the Sabbath and holidays will belong to the non-Jewish partner. Please contact a local Rabbi who is expert in these matters, and can better advise you in your individual situation.

Take care,

Rabbi Aaron Tendler


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