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November 26, 2014 / 4 Kislev, 5775
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Posts Tagged ‘law’

Is the Lab-Created Burger Kosher?

Friday, August 9th, 2013

By Yehuda Shurpin

Question:

Scientists have recently demonstrated that they can now take stem cells from a cow and build them into hamburgers that look, feel and (almost) taste like the real thing. What does Jewish law have to say? Is this considered real meat? Is it kosher?

Response:

This is a fascinating question that needs to be studied carefully by expert rabbis when the issue becomes more practical and Petri-dish burgers become an affordable option. But here are some preliminary thoughts on the subject to give you some perspective.

Meat from Heaven

What makes this question so intriguing is that this is an example of how those seemingly fantastic Aggadic tales in the Talmud are nowadays becoming a starting point for new halachik questions.

There is actually a discussion in the Talmud about whether meat that does not come from an animal is considered kosher, although the origin of the meat in this case was even more miraculous:

A story of Rabbi Shimeon ben Chalafta, who was walking on the road, when lions met him and roared at him. Thereupon he quoted from Psalms: “The young lions roar for prey and to beg their food from G‑d,”1 and two lumps of flesh descended [from heaven]. They ate one and left the other. This he brought to the study hall and propounded: Is this fit [for food] or not? The scholar answered: “Nothing unfit descends from heaven.” Rabbi Zera asked Rabbi Abbahu: “What if something in the shape of a donkey were to descend?” He replied: “You ‘howling yorod,2’ did they not answer him that no unfit thing descends from heaven?”3

Miraculous meat appears again in the Talmud, although this time it was man-made:

Rabbi Chanina and Rabbi Oshaia would spend every Sabbath eve studying the “Book of Creation”4 by means of which they created a calf and ate it.5

In discussing this story, later commentators debate whether such an animal would require shechitah (kosher slaughter) in order to be eaten.

Rabbi Yeshayah Halevi Horowitz, known as the Shelah, writes that it is not considered a real animal and does not need shechitah.6

Others write that while a technical interpretation of Biblical law may not require such an animal to be slaughtered, the rabbinical prohibition of “marit ayin” (not engaging in acts that look misleadingly similar to forbidden activity) would necessitate slaughter–lest an onlooker think that ordinary meat is being consumed without shechitah.7

Test-Tube Beef

So far we have discussed “miracle meat” that came from heaven or was created by spiritual means. Some commentators defined this meat as miraculous because it did not come from a naturally-born animal. But do we consider any meat that does not come from a naturally-born animal to be “miracle meat”? Or does it need to come through an actual miracle? How about test-tube meat, which does come from actual animal cells? In this case the dictum that “no unfit thing descends from heaven” obviously would not apply. Here are some of the issues that will need to be explored:

The Cells The scientist extracted the cells of a real animal and used them to grow the tissues in a Petri dish. If, and that is not a small if, the mere cells are considered substantial enough to be called meat, this may present a problem. In addition to the prohibition of eating a limb from a living animal,8 there is an additional injunction not to eat any meat that was severed from a live animal.9

This is an issue for non-Jews as well as Jews, since Noahide law dictates that non-Jews may not eat even a minute amount of meat that was separated from a living animal.10

For Jews, if the cells are considered real meat, then presumably they would need to be extracted from a kosher animal that was slaughtered according to Jewish law.

Another consideration is that there is a halachik concept, “the product of non-kosher is itself not kosher, and the product of that which is kosher is itself kosher.”11 While at first glance this would seem to imply that the cells need to come from a kosher source, it is not clear whether the above rule would apply to microscopic cells that were extracted from an animal.

IDF: Haredi Yeshiva Deans Cheat, Covering for No-Show Students

Tuesday, August 6th, 2013

Yesterday, during an in-camera session of the Knesset committee preparing the “equal burden” bill for its second reading before the plenum, the IDF representative at the meeting, Brigadier-Gen. Gadi Agmon, launched a vehement attack on the deans of Haredi yeshivas, accusing them of outright lying and covering up for students who are registered but do not show up for classes, Ma’ariv reported.

The legal arrangement between Israeli governments and Haredi yeshivas over the years, known as the “Torato umnuto” (his Torah study is his occupation) deal, recognized that young men whose only engagement was Torah scholarship would be absolved from enlisting in the army so long as they continue their studies. To be fair, the IDF has been giving similar deals to young men engaged in secular studies, but in many cases those deals involved attending students technical schools who went on to serve a longer stint, often using the skills they had learned.

The “Torato Umnuto” soon became a blanket covering the vast majority of Haredi young men, whether they were actually studying or not. It also turned out to be a two-edged sword, as those young men were barred from legal employment because of their military status, and so many were condemned to a life of dead-end jobs paid for illegaly.

This was the main purpose of the Tal Committee Law, which, back in 2002, was attempting to interject fairness and honesty into a seriously broken system. Many in the Haredi world have pointed to the steady stream of recruits, as well as the steadily rising numbers of Haredim both in the job market and in academic institutions as signs that the Tal law was working. But the Supreme Court, ever eager to equalize the country, was dissatisfied with what it considered lukewarm results and eventually killed the bill in the winter of 2012.

The new law, hammered out by the (Yesh Atid MK and Minister) Jacob Perry committee over the past six months, is a more sweeping version of the Tal law, calling for larger numbers of Haredi recruits in a shorter period of time. But while on paper the numbers might please the high court—in the Haredi world the Perry effort (which they usually pin on Jewish Home leader Naftali Bennett’s back) is tantamount to at least the Russian Czar’s conscription of Jews, if not an outright holocaust.

This is the background of Brigadier-Gen. Agmon’s assault on the yeshiva deans, whom he sees as saboteurs of all the arrangements ever reached between the Zionist establishment and the Haredim, whether the Haredi representative were inside or outside the coalition government.

“It is inconceivable that deans of yeshivas would lie knowingly and sign for their students as if they’re present full time in the yeshivas, while in reality they’re not there,” Agmon, who serves as head of the Planning and Military Personnel Dept. in the IDF. “There are thousands who don’t study in the yeshivas [while stating that they are], but we don’t have the apparatus to enable us to identify them and enforce their enlistment,” he added.

Agmon’s appearance marked a distinct change in the IDF’s approach to the new draft legislation being cobbled in committee, this time headed by Jewish Home MK Ayelet Shaked. Until yesterday, the army stayed away from the discussion, essentially committing to carry out whatever the political echelon would decide. But the gloves were taken off yesterday, and all the spades were called out by the general.

MK Shaked decided to keep the session closed to the media, most likely to enable the Haredi committee members to speak frankly, away from their own newspapers which have been frothing at the mouth over the new bill for six months now. According to Ma’ariv, MK Moshe Gafni (UTJ) and MK Ariel Atias (Shas) both agreed that a yeshiva boy who comes of age and is not attending classes should be drafted. Gafni went as far as to say that, should it be needed, those students should go to jail if they refuse to serve.

The problem is that that, too, is part of the Haredi parties’ kabuki theater, whereby they talk a good line, but when it comes to anyone actually encouraging those young men to inject a measure of honesty into their lives and go serve in the army – everybody is collaborating to keep them in the black garb, hat and all.

Netanyahu: Future Deal Must Pass Referendum

Sunday, July 21st, 2013

Prime Minister Benjamin Netanyahu said on Sunday that if a peace agreement is reached with the Palestinians, it would have to receive approval through a national referendum.

Netanyahu said Israel is entering the talks honestly, with the hope that they will be conducted in a responsible and realistic way, and, at least in the early stages, with discretion.

He added that the negotiations are not going to be easy, but emphasized that renewing the political process is a vital Israeli interest. He said Israel would have to strike a balance between preventing the creation of a binational state and the creation of yet another terrorist state under the influence of Iran.

Netanyahu pointed out that Israel’s negotiations partners must also offer concessions that would allow the Jewish state to maintain its security and national interests.

Several government ministers, including those from Netanyahu’s own Likud-Beiteinu faction have expressed their objection to the release of Palestinian terrorist from prison as part of the renewing negotiations.

Minister Israel Katz from Likud said that while he is pleased with the renewed talks, he would vote against releasing murderers, once the issue is brought up to a cabinet vote. Katz added that he also objects to the creation of a Palestinian state. Still, Katz sees the reopening of talks as a strategic achievement for Israel, which would afford it a better maneuvering ability.

Minister Uri Ariel of Jewish Home said he could not figure out how the Americans are demanding that Israel release murderers, while insisting on keeping Jonathan Pollard imprisoned.

Despite promises similar to Netanyahu’s, Israel has never had a referendum on any issue whatsoever. Indeed, the most recent episode of uprooting thousands of Jews from their homes in Gaza was accompanied by a campaign of deception on the part of then Prime Minister Ariel Sharon over the issue of a referendum.

Initially, there was a consensus, at least on the right, that a major decision like the uprooting of an entire Jewish enclave would certainly have to go through a referendum. This seemed even more necessary after Sharon had been unable to receive approval from the majority in the Knesset for the move. In February, 2005, the Gush Katif decision was passed by a vote of 59 to 40, with 4 abstentions, not a resounding support for such a move.

Sharon refused to take the law to a national referendum, but did present it to the Likud membership for a party-wide vote. There Sharon’s proposition suffered a humiliating defeat, 59.5 to 39.7 percent, which prompted his desertion from his own party and the creation of the Kadima party.

Netanyahu, however, will not have Sharon’s wiggle room once a treaty is signed. A law passed by the Knesset in 2010 requires that any political deal that would require a retreat from disputed territories would have to be approved by a nation-wide referendum.

It’s getting interesting.

Joe Lieberman Returns to Law Practice, Seeks Israeli Clients

Monday, June 10th, 2013

Former Senator Joseph Lieberman has returned to law, acting as senior counsel at the New York office of Kasowitz Benson Torres & Friedman LLP.

He told the Globes businesses newspaper he expects to be involved in Israel, which he strongly supported during his 24 years as senator.

“The firm has a number of Israel-based clients with significant business interests in the US. I believe that I will be of assistance to these clients and others in Israel in advising them with respect to their expansion initiatives and business plans for the US,” Lieberman said.

Marc Kasowitz, the firm’s founding and managing partner Marc Kasowitz said, “Senator Lieberman’s incredible breadth of knowledge and experience will be a powerful resource.”

‘Moral Authority,’ Jewish Style

Monday, February 11th, 2013

There’s an interesting article in the Jewish Press by Joe Settler which hinges on the concept of “Moral Authority.”

When a drafter of Israel’s Constitution says there is a problem because too many IDF commanders are religious, we need to worry about what kind of Constitution he is drafting.

“I meant, that as long as there is no solution for the source of the authority in the IDF in general, and specifically, including the integration of women [because listening to women sing, is the biggest problem the army faces], the problems will grow and increase. As the number of religious soldiers and commanders grow, since the authority of their Rabbis is what rules for them, the size of the problem will get larger. More and more officers and soldiers will find themselves indecisive when they face this conflict.” Dr. Arye (Arik) Carmon, head of the Israel Democracy Institute For many years, I’ve been troubled by the fact that even Torah observant (aka Orthodox) Rabbis, especially American Yeshiva University educated ones, such as Rabbi Shlomo Riskin and Rabbi Aaron Lichtenstein, have somehow added non-Jewish concepts/ideologies of Liberalism and Democracy to the 613 mitzvot, Torah commandments.

We Jews have a much more veteran and well documented social and political philosophy/ideology in our Torah and Talmud.  It actually contradicts many modern “moral” philosophies/ideologies, because it’s timeless.

I was especially disturbed in the troubling times leading to the Disengagement expulsions when so-called Torah observant rabbis said that a Knesset vote could over-ride the Jewish connection to the Land of Israel and even banish Jews from their homes, communities and businesses.

ישוב הארץ Yishuv Ha’Aretz, the Settling of the Land is a cornerstone of Judaism, and a large portion of the Torah is centered on it.

The Torah is our MORAL AUTHORITY.  Without it, we Jews couldn’t have had survived as a People during the thousands of years of exile from our Holy Land.  Our Land and our Torah are what has kept us a people.

Last night, I was at a shiur by  Inbal Amiton – “Believe and plant: The Redemption of Land as a Reflection of the Redemption of the Nation, According to Yirmiyahu 32”  in Matan.  Amiton said that according to Yirmiyahu (Jeremiah,) first G-d will return us to the Land and then we will do Teshuva, repent.

I see the process of Torah observant Jews growing in the IDF (Israeli Army) as proof that it is happening today.

Israel’s secular and quasi-secular/religious  leaders don’t understand that our true Moral Authority is G-d given.

Visit Shiloh Musings.

Civil Administration Demolishes Illegal Mosque

Tuesday, December 4th, 2012
The illegal mosque on the slope of Mt. Hebron which the state has been refusing to take down.

Before.

A convoy of bulldozers arrived on Tuesday morning at the outskirts of the Arab village Al-Mofkra near the town of Avigail and demolished a mosque that had been built illegally. The mosque was built by the villagers, members of the Hamada clan, in violation of a court settlement and as a challenge against legal construction in Avigail, Jewish Voice reports.

The mosque demolition followed a Regavim movement’s appeal to the Supreme Court, after the movement’s field coordinator, Oved Arad, had determined that the Arabs built the mosque illegally. These same Arab villagers had gone even further and continued to build and pave the mosque despite the explicit prohibition by the judges.

At the hearing on the petition a month ago, the Supreme Court justices urged the Civil Administration to demolish the mosque as soon as possible. President of the Supreme Court Justice Grunis even gained some notoriety at the time, when he joked that illegal structures in Judea and Samaria should be “killed when they’re young.”

The Regavim movement released a statement saying “the law should be kept regarding the Palestinians, too. The demolition of the mosque is a warning to the residents of Al-Mofkra and the entire South Hebron Hills, that they must obey the law and build only in designated areas.”

Regavim officials said they “will continue to document Palestinian delinquency, and each illegal construction will be handled in the judicial and public arenas.”

House Foreign Affairs Comm Chair: ‘No Money, No Political Support for PA’

Sunday, December 2nd, 2012

The Chairman of the House Foreign Affairs Committee, Rep. Ileana Ros-Lehtinen (R-FL), firmly denounced  the decision made the United Nations General Assembly to elevate the status of  “Palestine” (the Palestine Liberation Organization) to non-member observer state at the UN.

In a statement issued on the day of the vote, Nov 29, Cong. Ros-Lehtinen said that Mahmoud Abbas is not a partner for peace and that his action at the U.N. will “push peace with Israel even further away.”

The Florida Congresswoman said that the decision by Abbas to ignore the U.S.’s strongly-worded and repeatedly given advice that he not attempt to achieve unilateral goals through the U.N. rather than through negotiations with Israel, made “crystal clear” that Abbas and his compatriots “do not value their relationship with the U.S.”

In addition to withholding all U.S. funds for “Palestine” the committee chair also intends to pull U.S. funding for any U.N. agencies that grant membership to “Palestine,” as is required under U.S. law.

Cong. Doug Lamborn (CO-5), co-chair of the Republican Israel Caucus and the Israel Allies Caucus also issued a statement through email denouncing the U.N. shenanigans.  He said that the action taken by Abbas could, “inflame tensions in the region and ultimately hurt their efforts to achieve statehood and a lasting peace.”

Lamborn also called for the cutting off of foreign aid to the Palestinian Authority as the result of its effort to gain statehood outside of direct negotiations with Israel.” 

Although the U.S. administration strongly opposed and voted against this measure at the U.N., Ros-Lehtinen also included a warning to the U.S. administration in her statement.

She said, “if the Administration again seeks to gut U.S. law and keep funding those reckless UN agencies, Congress’ response must be simple: No.”

Last year Abbas sought to gain full United Nations membership through the UN Security Council.  That gambit was rebuffed by a threat by the U.S. to veto any such motion.  However, the United Nations Educational, Scientific and Cultural Organization went ahead and recognized “Palestine” as a UNESCO state member.  As a result of that decision, and in compliance with U.S. law, Congress cut UNESCO’s funding. However, after heavy congressional lobbying by the administration, the funding was restored in late April of this year through the implementation of a waiver.

Printed from: http://www.jewishpress.com/news/house-foreign-affairs-comm-chair-no-money-no-political-support-for-pa/2012/12/02/

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